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Filed: K-1 Visa Country: Nigeria
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Hi guys, I had posted something earlier about my marriage not working out. my husband and I married two months ago but have not filed AOS yet cuz we didn't have the money. We got into an arguement one day and he left. I said some pretty awful things and even told him if he wanted to leave, then fine leave....i even started taking his clothes out of the closet. But ;before he even left the bedroom i was asking him why he was escalating this so far. i begged him not to go, but he left anyways. he went to my neighbors house and told him that i put him out. he even told the man i was hitting on him. the only time i touched him is when i grabbed his body and tried to stop him from leaving. he's much bigger than me so he pushed past me and left anyways. i called him for three days and he would not return my call. he finally called me and told me he was going back to nigeria because i didn't want him here cuz he was worthless. I was like WHAT?? i cried and begged all i kud. I now look online at the phone records and i see that in the last few days he has called legal aide, legal offices and even made calls to other states in which i called the numbers and heard another african voice. one man wrote me in my other post and said that he could try to stay by claiming abuse. PLEASE tell me he'd have to have more than just his word to get over with that one. Would he hve to have proof or what>> any suggestions will be appreciated.

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Filed: K-1 Visa Country: Nigeria
Timeline
Posted
I read you post again. Its is my understanding that a spouse can claim abuse and be allowed to remain in the US if they already have their green card. However, you said you never filed AOS. So I don't think your husband would be able to stay.

ok, thanks for your input. It is very appreciated.

Filed: Country: Senegal
Timeline
Posted

I believe that he can stay without having filed AOS IF he can proof abuse.

Attorneys usually ask for at least one affidavit from a witness or other proof ( photos, medical treatment , witness etc. ) Did he file a police report ?

It is not an easy thing to claim without proof.

Filed: K-1 Visa Country: Nigeria
Timeline
Posted
I believe that he can stay without having filed AOS IF he can proof abuse.

Attorneys usually ask for at least one affidavit from a witness or other proof ( photos, medical treatment , witness etc. ) Did he file a police report ?

It is not an easy thing to claim without proof.

no way...no police report...for what ?? i never abused him. My only fear is that he is telling this neighbor a sob story in order to stay there. Could he use this guy as a witness if the guy never knew anything that happened?? he met the guy outside when he was leaving with his suitcase and told the guy that i put him out. After that i'm sure he said anything to gain sympathy

Filed: Country: Senegal
Timeline
Posted

Yes he could possibly use him but it would seem to be a very weak attempt to prove abuse. Abuse can however be emotional and mental cruelty

as well as physical. Some have used tape recordings, emails, letters written by an abusive spouse etc.

There is no clear cut yes or no and it is not easy to prove abuse in many cases and it's a long process.

Since you have not filed AOS and are not responsible for him financially, my advice is forget it and move on and let USCIS handle his circumstances

as they unfold and let God determine his destiny.

Filed: K-1 Visa Country: Nigeria
Timeline
Posted
Yes he could possibly use him but it would seem to be a very weak attempt to prove abuse. Abuse can however be emotional and mental cruelty

as well as physical. Some have used tape recordings, emails, letters written by an abusive spouse etc.

There is no clear cut yes or no and it is not easy to prove abuse in many cases and it's a long process.

Since you have not filed AOS and are not responsible for him financially, my advice is forget it and move on and let USCIS handle his circumstances

as they unfold and let God determine his destiny.

thanks for the advice. I am not the kind of person who is running around saying I want him deported. Honestly, when I fell in love with him, that love was real. And if you truely love someone you would not want them to suffer, so really, if he can stay in the US.....more power to him. My only issue is that if he tries to stay...to what extent of lies is he going to tell to try to stay. ANd that is the only thing that bothers me. I don't want him to drag my name thru the mud with a bunch of lies just for his own purpose. Ya know?? Anyhow....life goes on.

Filed: AOS (apr) Country: Pakistan
Timeline
Posted

Nigerian man claiming abuse.???.Good luck on that one PAL!! No he should have been more respectful to his wife. Wife you need to grow up!!

august 2004 I-129 filed (neb)

DEC 2004 Approved

interview: SEOUL

MArch 21st , 2005AR for special security clearance,washington

May 18th tranfer case from Seoul to Islammabad

June 21st security clearance done

June 28th online at the embassy in Islamabad

waiting for paper transfer and the good word

OCTOBER 14TH 2005 Interview Number 2: ISLAMABAD, PK

AR number 2 sent to DOS per Islamabad (2 cable request)

Nov 22 okd updated financial and etc proof accepted / embassy waiting for security cables

dec 20th one cable back waiting on 2nd

Jan 17th.. good word recieved. SECURITY CHECKS ALL CLEAR!!! DOS says embassy to contact him within two weeks!!!!!!

FEBRUARY 10th, 2006 VISA RECIEVED!!! They called him In via phone, stamped his passort and sent him on his way!!!

FEB 28th WELCOME HOME>>>POE CHICAGO did not even look at xray, few questions. one hour wait at Poe

march 10th marriage (nikkah at the islamic center)

aug 2006 AOS interview, cond 2 yr GC arrived september

June 2008 applied for removal of conditions on permant residency aka awaiting for 10 yr greencard

Dec 2008 10yr green card approved, no interview.

Posted

He sounds like a slimy little ####### who is using you for his own ends and trying to claim the moral high ground in the process because of how you think he is 'worthless'. Don't fall for that #######! I am so sorry that he has done this to you but please recognize that he is heartlessly using you and so do all you can to get his pathetic ### sent back to Nigeria.

Linda & Dave's Timeline

*** Early dates removed due to size of sig ***

May 05 2005 - Visa interview scheduled in London [APPROVED!!!!]

Jun 08 2005 - Flew into JFK

Jun 28 2005 - Married!!!

Aug 04 2005 - Sent off AOS

Aug 09 2005 - NOAs for AOD

Dec 01 2005 - Infopass app in Philly: approved and issued and EAD. Biometrics done!!

Dec 16 2005 - case transferred to CSC

Dec 27 2005 - pass my driving test and get LICENSED!!!!

Feb 2006 - Conditional Green Card received

Mar 21 2006 - start first job, IT contractor

Jul 31 2006 - Job becomes permanent

Jan 02 2008 - Submitted I-751

Jan 28 2008 - I-751 NOA received

Feb 29 2008 - Biometrics

Jan 05 2009 - Approved!!!

Filed: K-1 Visa Country: Nigeria
Timeline
Posted
Yes he could possibly use him but it would seem to be a very weak attempt to prove abuse. Abuse can however be emotional and mental cruelty

as well as physical. Some have used tape recordings, emails, letters written by an abusive spouse etc.

There is no clear cut yes or no and it is not easy to prove abuse in many cases and it's a long process.

Since you have not filed AOS and are not responsible for him financially, my advice is forget it and move on and let USCIS handle his circumstances

as they unfold and let God determine his destiny.

There was nothing like emotional abuse, etc. When i mentioned in my first post that i said 'some pretty awful things'.......i was refering to this: he told me that his family would send him the money for his ticket to come home. That got me so mad cuz all this while i have footed the bill for everything. all the filing all the phone calls, all the documents to be sent. EVERYTHING. Even the ticket for him to come. They all knew that I was struggling with it all but nobody offered help. SO i threw in his face the fact that it is real funny how they could do that, but now everyone has money for him to come home. I felt awful after i said it, but in all reality, it was true. I hardly think this could justify emotional abuse.

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

I don't even think he can use your neighbor as a witness since the guy hasn't seen any evidence of abuse, and if he said he did, he's lying which is illegal. So you can throw that one out. All you have to do is not file for AOS and he's toast. He'll have to go back to Nigeria or stay in the US illegally.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

Posted

The I-864 is the only enforcable support document and you dont file that until you file AOS. You can withdraw support up until the time AOS is approved by doing so in writing. You are otherwise, at this time, not liable for his worthless a$$. I would suggest notifying CIS in writing that you, the petitioner, are not intending to participate in jointly filing AOS due to non-viability of the marriage (referencing his A# which is at the top of the I129F petition notice so that it goes into his A file) then file for divorce yourself based on fault (you can do that even in no-fault states). Lay out the evidence in family court in the initial filing before he does. If he then (unwisely) chooses to file AOS on his own he will be responsible for supporting himself and you are out of it. Family court rule of thumb: first to file generally wins. What happens to him after that is his problem but you won't be held accountable for him.

 

i don't get it.

 
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