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Posted

Hi I was hoping that somebody could help me help a friend. I have a friend she is from the philippines. She married a man from Californina. They have been together for a 1 year and a half. They have a kid together. He is a acholic and is starting to get physically abusive. He always threatens that he will take there kid from her and have her deported. My question is what legal rights does she have?, What should someone in this situation do.

Any help would be greatly appreciated.

Filed: Timeline
Posted
Hi I was hoping that somebody could help me help a friend. I have a friend she is from the philippines. She married a man from Californina. They have been together for a 1 year and a half. They have a kid together. He is a acholic and is starting to get physically abusive. He always threatens that he will take there kid from her and have her deported. My question is what legal rights does she have?, What should someone in this situation do.

Any help would be greatly appreciated.

In a family court, she has the same rights as her USC husband. In other words his threats are just that, threats. Mind you this is not a situation that is healthy for her, and if she feels the marriage is irreparable, she can petition to divorce and preserve her PR here in the USA, so long as she can demonstrate with evidence that the marriage was bonafide.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Filed: IR-1/CR-1 Visa Country: Iran
Timeline
Posted (edited)

The wife should document the abuse and contact some assistance group for abused women. If the abuse get physical, seek a shelter.

If the man can not stop his drinking and abuse continues, she could leave the marriage and possibly stay in the country anyway. She only needs to prove she entered into the marriage on "good faith" and there is a record of the her husband having a drinking problem and being physically abusive.

By record, I mean, confirmation/documentation the foreign wife made police report of abuse, looked for help with a woman's group, applied to go to marriage counseling or alcohol intervention.

Edited by Nutty
Filed: Country: Morocco
Timeline
Posted

Does the wife have a green card?

I'm the USC.

11/05/2007........Conditional permanent residency effective date.

01/10/2008........Two-year green card in hand.

08/08/2009........Our son was born <3

08/08/2009........Filed for removal of conditions.

12/16/2009........ROC was approved.

11/05/2010........Eligible for Naturalization.

03/01/2011........Separated.

11/05/2012........Eligible for Naturalization.

Posted
The wife should document the abuse and contact some assistance group for abused women. If the abuse get physical, seek a shelter.

If the man can not stop his drinking and abuse continues, she could leave the marriage and possibly stay in the country anyway. She only needs to prove she entered into the marriage on "good faith" and there is a record of the her husband having a drinking problem and being physically abusive.

By record, I mean, confirmation/documentation the foreign wife made police report of abuse, looked for help with a woman's group, applied to go to marriage counseling or alcohol intervention.

The wife should document the abuse and contact some assistance group for abused women.

When the pinay took her CFO she should have been given numbers to call in these types of circumstances.

More and more cases like this as time goes on.

Unless the wife has done something illegal or immoral the hubby can't do much of anything about getting her deported if she has documentation of abuse.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

  • 2 weeks later...
 
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