Need to file removal of conditions but separated

[Bobby+Umit 161]

I posted this in the removal of conditions forum but was told I should probably post it here.

Anyhow, I have a question regarding how to file for the removal of conditions if you are separated. My husband and i have not been able to get along ever since he returned from Iraq last summer. He has just received orders to get stationed on a short tour to Ft Meade, Maryland. Since it is a short tour, me and my kids will be staying in Texas and I am not sure if this will all end up in divorce. Basically, my husband is controlling and dominating and no longer wants to be with me because he says I "don't listen" to what he tells me to do, etc. Frankly, Im tired of it also because I am walking on eggshells. When I agree with him, he loves me to death. When I disagree, he screams separation and divorce.

My husband has put our house up on the market and we have had offers come in from people who wanna buy it. He plans on selling this house before he leaves in may. Anyhow, so he keeps telling me my clock is ticking and he is basically putting me and my children out of the house with no place to live. I have friends and family in Texas so this is where I plan on going.

Anyhow, on the I-751 Form it looks to me as if the waiver options all apply to a divorce. What should a person like myself do that is separated? I will be filing all by myself.

I have two kids which are both US citizens ... my youngest (11 months old) is my husband's daughter. My worst fear is getting denied and then having to leave here without my children.

So what is the best way to handle filing for removal of conditions? Also, what kind of evidence do I send since I am filing all alone?

What about the affidavit of support? I read that if a husband signed this, then when i file the I-751 i need to update his address also even though we are not together. Well he won't give me a copy of his orders from the military and told me he is not telling me where he will be.

I really think this whole situation is going to ruin my entire life. i dont want to be without my kids.

Find yourself a really good divorce lawyer. From what you wrote, you have a good case for abandonment. Plus, you can probably get a chunk of the money on the sale of the house, and with the divorce, you would be in a better position to sponsor yourself. He threatens you with divorce - take him up on it.

Having the children is a plus on your side, since he is military and prone to deployment. I seriously doubt you would be forced to go home without your children. You can fight that, base on hardship grounds.

Thank you for your reply. So you don't think I would have to leave my kids behind since he is military and prone to being deployed?

Do you think my divorce will be final by the time I have to file? I mean, I have to file my papers in April. I dont think I can be divorced by then.

I'm short of a nervous breakdown.

You have to really talk to a divorce lawyer/immigration lawyer. Since he is in the military, and you are married to him, you can access the resources on the base (JAG, ombudsman, etc) to help you through this. Seek out the military chaplain on base, they can help you.

You have rights, implement them

[diadromous mermaid 36]

There are several options. If your husband is willing you can jointly file the I-751, even if he is being depolyed and therefore would obviously not be residing with you. Naturally, this requires that the marriage subsists and that no legal termination of the marriage has commenced.

Alternatively, you could begin the divorce process (with or without his consent) and hope to terminate the marriage in time to file a waiver, citing "good faith marriage that ended in divorce". If you are approaching the deadline to file the I-751 and you have not yet consummated the divorce, you would have to wait untila decree is available. Acceptance by USCIS of an untimely filed I-751 is discretionary, but if you can demonstrate that it was late due to no fault of your own, chances are you should be fine. That depends, of course, on how late, "late" is.

You could also submit the I-751 waiver without a divorce decree, citing any of the grounds that apply at that time. One is that you are a battered spouse. Caveat: You need clear and convincing evidence to prevail when using abuse as the grounds. Or. the "catch all" grounds for persons in your predicament is "removal from the country would pose a severe hardship" which certainly would apply since you have shared biological children, and he is claiming that you would have to leave them behind. After submission of a waiver using this as grounds, if you subsequently divorce, you can withdraw that one and replace it with a waiver using the "good faith" grounds. It means double filing fees but assures more success. Caveat: You'd need documentation that demonstrates the bonafide nature of your intentions upon entering the marriage, of which, your child is one very good example. Good luck

Edited March 10, 2009 by diadromous mermaid

[Magnolia31 0]

There are several options. If your husband is willing you can jointly file the I-751, even if he is being depolyed and therefore would obviously not be residing with you. Naturally, this requires that the marriage subsists and that no legal termination of the marriage has commenced.

Alternatively, you could begin the divorce process (with or without his consent) and hope to terminate the marriage in time to file a waiver, citing "good faith marriage that ended in divorce". If you are approaching the deadline to file the I-751 and you have not yet consummated the divorce, you would have to wait untila decree is available. Acceptance by USCIS of an untimely filed I-751 is discretionary, but if you can demonstrate that it was late due to no fault of your own, chances are you should be fine. That depends, of course, on how late, "late" is.

You could also submit the I-751 waiver without a divorce decree, citing any of the grounds that apply at that time. One is that you are a battered spouse. Caveat: You need clear and convincing evidence to prevail when using abuse as the grounds. Or. the "catch all" grounds for persons in your predicament is "removal from the country would pose a severe hardship" which certainly would apply since you have shared biological children, and he is claiming that you would have to leave them behind. After submission of a waiver using this as grounds, if you subsequently divorce, you can withdraw that one and replace it with a waiver using the "good faith" grounds. It means double filing fees but assures more success. Caveat: You'd need documentation that demonstrates the bonafide nature of your intentions upon entering the marriage, of which, your child is one very good example. Good luck

Thank you for your reply, as well as everyone else.

Do you know what these people are talking about:

Help for Abused Immigrant Women

An abused woman does not need to be a U.S. citizen or legal resident to get a "Protection from Abuse" order. However, many immigrant or refugee women affected by domestic violence don?t get help because they fear immigration officers.

It is not just undocumented women who are scared, but also women who do not know their legal rights. They worry that they can?t get permanent residency without their husband's help.

A federal law called the Violence Against Women Act (VAWA) creates two ways for women married to U.S. citizens or permanent U.S. residents to get residency.

1. The first option allows an abused immigrant woman to apply for residency for herself and her children without the help of her abusive husband. He plays no role in the process and does not have to know the petition has been filed.

The law is complicated. Ask for help from a domestic violence program before going to the Immigration and Naturalization Service.

2. The second option is called "Cancellation of Removal." This choice is available only when a woman is in, or can be placed into, deportation proceedings. If a woman is eligible for this option, the court may stop the proceedings and give the woman residency.

If someone can't get help under VAWA, there still may be other ways to get immigrant status. For example, there is a new visa category for crime victims who help legal authorities in the investigation of a crime.

The laws are complex so it is important to reach out for help. Talk with a domestic violence counselor.

If you or someone you know needs help, call: 24-hour National Domestic Violence Hotline.

1-800-799-7233 (SAFE)

1-800-787-3224 (TTY for the Deaf)

or visit www.ndvh.org

[MihaelaNYS 10]

"A federal law called the Violence Against Women Act (VAWA) creates two ways for women married to U.S. citizens or permanent U.S. residents to get residency."

Sure, you can call and ask left and right. Is good to know the options you have... it refers to I-360 (look up the net or forum, you'll find a lot of threads) but is more the case where the USC doesn't collaborate/help the immigrant to get residency, but you have one! You just have to remove the temporary condition.

There are cases when the abuser doesn't help the wife to get her green card.... Newlyweds problems.