Need Info regardin fraud and divorce?

[zainab786 1]

Thanks for continuously helping me out by replying to queries.. I don't know what I would ve been doing without you guys.. Thanks for being so much helpful.. I wrote days back that my husband sent me back in Pakistan in just 4 months after marriage because I caught him cheating on me and discussed it with few of his relatives there.

Now I have came to know that he has filed some deportation case against me.. what is this case actually? how do I wil come to knw whether I am deported or just came? I had some FIA entry stamp in ma passport.. Is it something related to deported thing?? or as usual he is just making stories to make me scared?

Other thing is now I want to divorce him but he is asking me money for it .. Now what steps can I take if I am in Pakistan and he is in US? how to file and get divorce?? whom should I contact for this? I had a court marriage in Mchenry also had a religious nikkah as per muslim customs. Now how to stay out of this two things when I am in Pakistan and he is there in US?

[Brother Hesekiel 2,236]

If you want us to help you, you need to give us some important information:

1) Do you have a green card? Or, in case you do not, did you file for Adjustment of Status?

2) Are you still in Pakistan? Did you get Advance Parole before leaving the US?

Here is what I'm reading. You are in Pakistan, your US citizen husband is in the USA. In order to divorce him, you have to file for divorce in the US State you live in. Depending on what State that is, it will take some time, perhaps up to a year, because some States require the couple to be separated (living apart) for a certain amount of time. You do not have to pay him any money.

Whatever happens to you in regard to your immigration status, depends on whether you have a green card or not.

[zainab786 1]

If you want us to help you, you need to give us some important information:

1) Do you have a green card? Or, in case you do not, did you file for Adjustment of Status?

2) Are you still in Pakistan? Did you get Advance Parole before leaving the US?

Here is what I'm reading. You are in Pakistan, your US citizen husband is in the USA. In order to divorce him, you have to file for divorce in the US State you live in. Depending on what State that is, it will take some time, perhaps up to a year, because some States require the couple to be separated (living apart) for a certain amount of time. You do not have to pay him any money.

Whatever happens to you in regard to your immigration status, depends on whether you have a green card or not.

Thanks for prompt reply..

1- No I dont have a green card.. just applied for adjustment but it was in process too.. applied for SSN card.. again was in process

2- Yes I am in Pakistan.. No .. I dont even know what advance parole is :S!!

I live in? I just lived for 4 months in Illinois.. we already are living apart.. but its no legal separation and I cant travel back as far as I know

Can you please guide me more?

[JimVaPhuong 4,863]

Thanks for prompt reply..

1- No I dont have a green card.. just applied for adjustment but it was in process too.. applied for SSN card.. again was in process

2- Yes I am in Pakistan.. No .. I dont even know what advance parole is :S!!

I live in? I just lived for 4 months in Illinois.. we already are living apart.. but its no legal separation and I cant travel back as far as I know

Can you please guide me more?

Based on what you've said, it looks like you can't return without another visa.

Advance parole is permission from the government to leave the US temporarily while your adjustment of status (green card) application is pending. Without it, you effectively abandon your US residency (and your green card application) when you leave the US.

Your husband cannot "file a deportation case" against you. Only the Department of Homeland Security can initiate a deportation case. About the only thing your husband could do is notify USCIS that you've left the country. You can't be deported if you are no longer in the US. My guess is your husband is just trying to scare you.

Can you get a divorce in Pakistan?

[Usmomo 0]

SlamoAlaikaum Zainab!

Im so sorry n so hurt to read what has happened to u! I wish n pray good life for u Ameen,

Its very true to be alone rather than living with some one like him!

take care of urself and hang aroud VJ u will find many of ur questions answered here !

TC

Thanks for continuously helping me out by replying to queries.. I don't know what I would ve been doing without you guys.. Thanks for being so much helpful.. I wrote days back that my husband sent me back in Pakistan in just 4 months after marriage because I caught him cheating on me and discussed it with few of his relatives there.

Now I have came to know that he has filed some deportation case against me.. what is this case actually? how do I wil come to knw whether I am deported or just came? I had some FIA entry stamp in ma passport.. Is it something related to deported thing?? or as usual he is just making stories to make me scared?

Other thing is now I want to divorce him but he is asking me money for it .. Now what steps can I take if I am in Pakistan and he is in US? how to file and get divorce?? whom should I contact for this? I had a court marriage in Mchenry also had a religious nikkah as per muslim customs. Now how to stay out of this two things when I am in Pakistan and he is there in US?

[zainab786 1]

Oh so I was rite he is just threatening me of FBI n deport thing :S I was like when I vent done anythin wrong y wud I get scared.. !!

Abt divorce thing.. dats what i need to know.. how to get a divorce now? How can I get a divorce in Pakistan when I got married in USA?

Based on what you've said, it looks like you can't return without another visa.

Advance parole is permission from the government to leave the US temporarily while your adjustment of status (green card) application is pending. Without it, you effectively abandon your US residency (and your green card application) when you leave the US.

Your husband cannot "file a deportation case" against you. Only the Department of Homeland Security can initiate a deportation case. About the only thing your husband could do is notify USCIS that you've left the country. You can't be deported if you are no longer in the US. My guess is your husband is just trying to scare you.

Can you get a divorce in Pakistan?

[candelari 0]

Hey Zainab,

As I can understand from your English you are quite well speaking and writing. I would like to hear more about the process you went in. What type of visa he issued to get you in the U.S? How long it was valid? What are the papers did he filed up for you? Do you have the case no or at least copy of them? If I am not mistaken you were K1 and you already got married. Do you have the marriage certificate?

I am just talking out of my mind but you still be able to apply for visa if he withdraw your papers. You can always apply for visa expalning your situation, telling them you are going back for divorce process and collect your belongins. I know it is really difficult to get a visa for people from Pakistan (no offense but India and Mexico have the same problem) but you may get lucky.

If you can come back you may apply for VAWA (I think) but it takes soo long and very painful. Living in the U.S all by yourself is not always easy. Staying in Pakistan as a Divorceee is not easy either... I wish I was an immigration lawyer to know a way to get you out from this situation and give you some advice to solve this.

Good luck...

[mrs. wife! 3]

Hi guys, she had a topic on January 7th where she told us what happened.

Here goes the link: http://www.visajourney.com/forums/index.ph...p;#entry3611491

And this is her 1st post:

okay the story is that.. I came to my US born fiance on K1 visa after da struggle of 2 years. I was more than happy, got married here in US and everything was fine till marriage. just the next month of marriage my husband started torturing me mentally and became abusive and violent without any reason. I tried to sort the matters as much as I could do but he became worst, I went into severe depression cried and got ill but he didn't care, I had no money because he was not taking any interest in relation by any means. I realized that he is cheating on me and then he became more aggressive and uninterested. Few days back i tried to talk .. but than he said that i should visit my home country for 1 month because he needs a break, I refused but when he insisted i agreed. On airport he said that he is sending me forever and not going to pick me up again and now I am here back in my country in just 4 months after my marriage. The next day I got a news that he blamed of theft and all on me while I just had a handbag with me full of my husband's pics and nothing else I took from US.

Now the question is.. that how I am goin to be divorced if I am not in US? Can I travel back when my adjustment of status papers are in process and I have nothing with me. what can I do legally? I am not interested in filing for alimony and all.. I just need my life to be peaceful. What should I do now?

To the OP -> I'm sorry for what happened to you! I hope you can get things sorted out soon! Good luck to you!!!!!!!

Edited January 12, 2010 by Mrs. Silverman

[VanessaTony 3,567]

As posted on your previous thread:

"You cannot travel back to the US and apply for adjustment of status. Now that you are back home your petition is abandoned and to do it again you would have to start from the start again, except this time as a spouse.

As for divorce, you will probably need to call an attorney, whether in your country or another. Here's some info I found on the US site. http://travel.state.gov/law/info/marriage/marriage_644.html

Good luck. I'm sorry this happened. Had you not left the country your options would have been different I think. "

[Bobby+Umit 161]

To the OP:

Reading through the VAWA law INA § 204(a)(1)(A)(iii), NA § 204(a)(1)(D)(v), you may be able to still file for VAWA, even if you left the country,

•The spouse or child of an abusive US citizen or lawful permanent resident can self-petition up to two years after the US citizen or lawful permanent resident loses immigration status, if the loss of status is related to domestic violence.

However, you would have to prove domestic violence.

You should contact a skilled immigration lawyer in your county (you may be able to work with one in the US).

Edited January 12, 2010 by Bobby_Umit

[candelari 0]

As posted on your previous thread:

"You cannot travel back to the US and apply for adjustment of status. Now that you are back home your petition is abandoned and to do it again you would have to start from the start again, except this time as a spouse.

As for divorce, you will probably need to call an attorney, whether in your country or another. Here's some info I found on the US site. http://travel.state.gov/law/info/marriage/marriage_644.html

Good luck. I'm sorry this happened. Had you not left the country your options would have been different I think. "

Very good info.... Start your application right away... Worst case you will be denied and under these circumstances not a big deal. If you don't have a police report just write a letter explaning why you don't have it and add any evidence (picture, e-mails to your family complaining about the incidents, affirdavits of relatives) you can find. USCIS may take it into consideration since your K1 took 2 yearr and you were sent home (practically shipped off) againts your will by not knowing you were abondoning your status.

If you have any relatives in the U.S they may find you a good attorney for advice and case follow up...

[candelari 0]

Very good info.... Start your application right away... Worst case you will be denied and under these circumstances not a big deal. If you don't have a police report just write a letter explaning why you don't have it and add any evidence (picture, e-mails to your family complaining about the incidents, affirdavits of relatives) you can find. USCIS may take it into consideration since your K1 took 2 yearr and you were sent home (practically shipped off) againts your will by not knowing you were abondoning your status.

If you have any relatives in the U.S they may find you a good attorney for advice and case follow up...

Just a quick question, can't she obtain a visa without adjusting her status? I don't believe you are required to adjust your status in order to get into U.S if you don't intent to live. She can always obtain tourist visa, collect her belongings and file for divorce. She can decide whether to apply for VAWA if she would like to stay in the U.S or simply come back with everything finalized.

When I applied for AOS I didn't apply for travel permit because I was told that I still had one more year on my visa (H1B) so I was free to come back anytime if I want to...

[zainab786 1]

oh thank u so much guys for quickest response.. I didn't know that I can still apply for VAWA.. where should I contact to apply for VAWA? As I said I am in Pakistan right now .. Should I email them telling whole scenario or courier the docs or what? How to find email id or mail address? What things would I need to apply.. As I said I didn't know that I cant re-enter so I haven't brought anything or any document with me here.. Can I go back on this VAWA thing?

[KansasJayhawk 1]

oh thank u so much guys for quickest response.. I didn't know that I can still apply for VAWA.. where should I contact to apply for VAWA? As I said I am in Pakistan right now .. Should I email them telling whole scenario or courier the docs or what? How to find email id or mail address? What things would I need to apply.. As I said I didn't know that I cant re-enter so I haven't brought anything or any document with me here.. Can I go back on this VAWA thing?

From what I have read he cheated on you in your words. That is not abuse. I am not even sure why it would be recommended actually...too many false VAWA claims thrown around.

You left without advance parole, he likely pulled the plug on your immigration a long time ago and you do not even know it thus ending your visajourney. It is fairly difficult I would assume to claim VAWA as a reaction to his action of cancelling himself from the process/or divorce...that is a no brainer denial. Good luck in Pakistan is what i'd say.

[zainab786 1]

Thank you so much for ur concern, In my previous threads I have mentioned about physical and mental torture and abusing too.. I have proves too .. It all started when I found out that he is cheating.. thats what I meant..

I am not so much keen to go back to US .. but he fraudulently sent me back n thus all my belongings are still there.. my important documents and expensive jewelery which I brought for my wedding. The reason I need to go back are those things which my husband is denying to return me back. I know my luck will always be good with the ppl loves me.. n thus I prefer to stay here rather going back .. !!

From what I have read he cheated on you in your words. That is not abuse. I am not even sure why it would be recommended actually...too many false VAWA claims thrown around.

You left without advance parole, he likely pulled the plug on your immigration a long time ago and you do not even know it thus ending your visajourney. It is fairly difficult I would assume to claim VAWA as a reaction to his action of cancelling himself from the process/or divorce...that is a no brainer denial. Good luck in Pakistan is what i'd say.