Need help in preparing RFE for extreme cruelty

[Family Man 0]

Hello,

I am helping my sister remove conditions on her green card.

She has been living with her husband for 1 yr and 7 months. During this time she has suffered a lot emotionally and financially. Her husband never cared about her and never took responsibility. He has been acting as if he is still unmarried. They have been living with his parents in their home for the entire time. He kicked her out of the house on Jan 30, 2009 and dump all of her stuff at my drive way.

Because they lived with his parents in their home, she does not have any evidence showing joint lease or utility or phone bills.

Here are the docs that we have

for good faith

- joint tax return for one year

- joint checking account from last 6 months.

- proof of their joint medical insurance that my sister is still paying for him,

- proof of him as beneficiary of her 401 K

- Her driver's license showing the address where she lived

- numerous pictures of marriage

- can provide affidavits of people in US saying they were married and stayed together for this timeline

For cruelty

- affidavits of my sister, me and my wife

My sister’s GC expires on June 19, 2009.

They got separated on Jan 30, 2009

The problem is it takes atleast one year (NC law) before which she can file for divorce i.e Feb 2010.

So she cant apply based on good faith marriage and divorced because it will take a year to get it.

Can someone please help, what are her options?

What preparations should I do to prove extreme cruelty?

What docs I need to prove extreme cruelty?

I have also heard about VAWA and I am not sure what if I should do anything related to it.

I am very confused and want to make sure that my sister does not have to go back to the home country because my entire family (my parents and me) is here in USA.

Thank you

[alimar 0]

I feel sorry for your sister. Did she denounce him? (i.e Police report). It should be a document that probe the extremely cruelty that she has been suffered from him.

[Family Man 0]

She is in such a denial and shock about the way in which they kicked her out. She never filed any complaints to police or anyone. I am thinking about taking to some pschycologiest for evaluation and see if he/she can write his/her opinion as a report. I am also planning to go to the social services for their help. Entire time my sister was trying to see if she can make it work and she never complained to anyone but me and my wife. We thought that over the period of time, he may get settled and we never imagined that he would act this way. He also closed the joint accounts and took all the money (albeit a little because he did not earn a lot)

Also the night when they kicked her out, I took police with me to get all of her documents because they did not return her driver's license, birth cert, marriage cert etc. I have a call log from police saying that I requested a domestic escort from them because they are not letting her in the house.

Edited March 19, 2009 by Family Man

[alimar 0]

Since she still married him and dont get divorced yet, she should file her removal of conditional residence with a request that the joint filing requirement be waiwed. Here is some information.

If you are filing to waive the joint filing requirement because you and/or your conditional resident child were battered or subjected to extreme cruelty, also file your petition with the following:

A. Evidence of the physical abuse, such as copies of reports or official records issued by police, judges, medical personnel, school officials and representatives of social service agencies, and original affidavits as described under Evidence of the Relationship; or

B. Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a battered women's shelter or similar refuge, as well as photographs evidencing your injuries.

C. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty.

[Family Man 0]

My confusion is that I may not have enough documentation to prove the abuse other than the following.

I just need a confirmation or some acknowledgement that this can be enough documentation.

1. pic of the notice they put on the door that she is not welcomed

2. police call log me requesting a domestic escort

3. I am trying to find a psychologiest to evaluate her conditions ( I am not sure if this will be helpful and not sure if I will get a favorable report)

4. affidavits from my sis, me and my wife

I am looking for some other pointers/suggestions regarding what else I should do to make my case strong.

[3600rs 24]

My confusion is that I may not have enough documentation to prove the abuse other than the following.

I just need a confirmation or some acknowledgement that this can be enough documentation.

1. pic of the notice they put on the door that she is not welcomed

2. police call log me requesting a domestic escort

3. I am trying to find a psychologiest to evaluate her conditions ( I am not sure if this will be helpful and not sure if I will get a favorable report)

4. affidavits from my sis, me and my wife

I am looking for some other pointers/suggestions regarding what else I should do to make my case strong.

There is your solution

http://www.humanrightsattorney.com/sub/con...1916AF921904905

You can do it yourself too, but if your not confident, you have the money, and you want to increase the prob. of success. The above link is helpful.

I think that its the VAWA option or the cruelty option that you dont need a divorce decree. But I am not sure which one. Would like to hear other poster comment.

Edited March 19, 2009 by 3600rs

[Family Man 0]

thanks for the link.

if you dont mind me asking.....

Have you worked with them before? or do you have anyone that you know got help from them successfully?

[3600rs 24]

thanks for the link.

if you dont mind me asking.....

Have you worked with them before? or do you have anyone that you know got help from them successfully?

check ur private messages

[rika60607 215]

I suggest you read the guides and instructions for removal of conditions. You need help preparing your petition, not RFE. RFE = request for further evidence and comes after you file I-751 if USCIS wants more evidence.

Regarding cruelty - I think your evidence may be rather weak (although I am no expert on this). Your affidavits may not help much, as you are family and have interest in keeping your sister in the US. May be you could file, then withdraw VAWA petition and replace it with good faith marriage petition?

Your evidence is OK for removal of conditions based on good faith marriage. I think your sis may be able to file for divorce now - check the grounds for divorce. If wait is required, it is usually for no fault divorce.

Even if she does not get divorce on time, she still is likely to be able to stay in the US, and if deportation proceedings start, she will have a chance to show her evidence to the immigration judge and ask for continued status until her divorce is complete. Once divorce is complete - she can file for removal of conditions based on good faith.

It sucks, no doubt.

[justashooter 430]

My confusion is that I may not have enough documentation to prove the abuse other than the following.

I just need a confirmation or some acknowledgement that this can be enough documentation.

1. pic of the notice they put on the door that she is not welcomed

2. police call log me requesting a domestic escort

3. I am trying to find a psychologiest to evaluate her conditions ( I am not sure if this will be helpful and not sure if I will get a favorable report)

4. affidavits from my sis, me and my wife

I am looking for some other pointers/suggestions regarding what else I should do to make my case strong.

I don't see any extreme cruelty in your write-up. I just see a guy who threw his wife out for whatever reason that was between them.

[3600rs 24]

My confusion is that I may not have enough documentation to prove the abuse other than the following.

I just need a confirmation or some acknowledgement that this can be enough documentation.

1. pic of the notice they put on the door that she is not welcomed

2. police call log me requesting a domestic escort

3. I am trying to find a psychologiest to evaluate her conditions ( I am not sure if this will be helpful and not sure if I will get a favorable report)

4. affidavits from my sis, me and my wife

I am looking for some other pointers/suggestions regarding what else I should do to make my case strong.

I don't see any extreme cruelty in your write-up. I just see a guy who threw his wife out for whatever reason that was between them.

Rika and alimar have given you some excellent pointers. I agree that cruelty and VAWA may need more evidence. It will definitely qualify for a good faith waiver. An experienced lawyer will give you an exact evaluation. Maybe you can apply in one or more categories, or claim one withdraw it and file another. There are many strategies.

Finally justashooter---- Stop your "I just see..I dont see" BS. We don't care about what you see and what you don't. Please comment on how you can help the posters sister. If you cant see certain things I would recommend lasik surgery, its cheaper in China

Every time you comment its sure like a comedy central.

Edited March 19, 2009 by 3600rs

[Dakine 26]

Doesn't look much like abuse and cruelty. You guys better get a lawyer. Affidavits from relatives don't count much.

What's your brother in laws side of the story??

[Redneck-NOVA 1]

My confusion is that I may not have enough documentation to prove the abuse other than the following.

I just need a confirmation or some acknowledgement that this can be enough documentation.

1. pic of the notice they put on the door that she is not welcomed

2. police call log me requesting a domestic escort

3. I am trying to find a psychologiest to evaluate her conditions ( I am not sure if this will be helpful and not sure if I will get a favorable report)

4. affidavits from my sis, me and my wife

I am looking for some other pointers/suggestions regarding what else I should do to make my case strong.

I don't see any extreme cruelty in your write-up. I just see a guy who threw his wife out for whatever reason that was between them.

Rika and alimar have given you some excellent pointers. I agree that cruelty and VAWA may need more evidence. It will definitely qualify for a good faith waiver. An experienced lawyer will give you an exact evaluation. Maybe you can apply in one or more categories, or claim one withdraw it and file another. There are many strategies.

Finally justashooter---- Stop your "I just see..I dont see" BS. We don't care about what you see and what you don't. Please comment on how you can help the posters sister. If you cant see certain things I would recommend lasik surgery, its cheaper in China

Every time you comment its sure like a comedy central.

Well, he is right. There is no cruelty there. They kicked her out of the house due to whatever happened between them and posted a note that she is no longer welcome. I don't see anything illegal about it - it's his parents house, not her or his. Unless there is evidence of physical abuse, forget about it. It's a free country - anyone can call police and complain but it doesn't make it true. While domestic violence is a serious crime, it also requires a serious evidence. There isn't any here.

Not trying to be mean - just giving advice.

[queendlee 1]

I am not an expert at this situation, but I sympathize with you. my biggest concern with your affidavits is that they are all from family... does she have friends who witnessed anything at alll... I know she probably tried to to let others know... but it would look better if some evidence was not centered on her family. She can also write a letter stating her case and stating the hardship she will endure by going back home w/ no family there at all, but be careful not to look like she got married to be w/ her family here. I also suggest doing anything possible to boast he case for abuse, your suggestion of an evaluation would be ok, but I think not the best idea to show she is delusional about the situation. File reports for wrongful eviction if you can, show she took the money out the account and closed it, show anything... anything she did for him but none for her.... just try to buffer you case!

i suggest you get an attorney though... b/c to prove abuse you need a lot more substance, b/c some non-abusive marriage end like this and went through similar troubles.

Edited March 19, 2009 by queendlee

[MihaelaNYS 10]

"He also closed the joint accounts"...

I don't see how he can do that without her approval. I know I've been in a situation where my abusive USC husband incurred debts on the joint account (overdrawn a lot) and when I went to the bank to pay off the debt so I can close the acc. (in fear that my credit is being destroyed) but I couldn't do it without my abuser's signature/permission.

Regarding the abusive eviction: my husband threatened me a lot of times to throw me out of the house (which is on his parent's property, they own it) and in fear that this would happen, I went to see a family lawyer. Explaining the situation, the lawyer said: do you know that you can have him arrested? (just for threatening you with this)? His parents cannot throw you out of the house. They will need an eviction order. And they would have to evict the both of you.

It is your right to reside with your husband no matter where he stays (even in his parents house if that would be the case)....

well, try to document and be able to prove what happened.

You can also check with an family lawyer in your state what are the wife's rights in this situation.

I bet that she could move back in (or attempt to do it) with her husband. If his family puts up a fight, record their threats, call the cops, then file for an order of protection. If the judge won't order them to move out of their house, hey will order them to pay for your living in other place.

At that point, you will have more then enough evidence of the abuse and file with an waiver.