Need Info regardin fraud and divorce?

[JimVaPhuong 4,863]

You can file a VAWA claim if you're living outside the US. The only additional requirement is that you have to prove that at least some of the abuse took place in the US, or that the abusing US citizen spouse is a US government employee or US military service member. Since you were living in the US at the time, this shouldn't be a problem for you.

I've never read anything about cases like this, so I'm not exactly sure how you would go about it. It seems like you might need an attorney in the US to handle it for you. If you're successful, you'd receive a green card and could return to the US. You can't file for anything with USCIS via email. You have to complete and submit documents and evidence to USCIS by mail or private courier. Perhaps you can find an immigration lawyer in the US who also has offices in Pakistan.

The reason I asked about whether you can obtain a divorce in Pakistan is because I don't know about the divorce laws there. In the US, you can usually get a divorce in the state where you reside, even if the marriage took place in another state or country. To get started, you'd only need a copy of the marriage certificate, which can be obtained from the county clerk's office in the county where you were married. I realize that divorce laws in Pakistan are based on Islamic law. What grounds are available for a wife to divorce her husband under Pakistan law?

[candelari 0]

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 .. !!

as long as you have the proof of abuse you can try VAWA... Chances are low but not impossible. Immigration lawyer from U.S will be quite helpfull...

[zainab786 1]

I am still not sure whether I will apply or not.. I am financially not very stable now as I left everything in Pakistan and went to US.. and couldnt bring back a single thing !! anyways.. I will ask the details from USCIS ..

I know about Islamic laws but I got married in US court by US law.. that is making me even more confuse..

Thanks for help guys!!

You can file a VAWA claim if you're living outside the US. The only additional requirement is that you have to prove that at least some of the abuse took place in the US, or that the abusing US citizen spouse is a US government employee or US military service member. Since you were living in the US at the time, this shouldn't be a problem for you.

I've never read anything about cases like this, so I'm not exactly sure how you would go about it. It seems like you might need an attorney in the US to handle it for you. If you're successful, you'd receive a green card and could return to the US. You can't file for anything with USCIS via email. You have to complete and submit documents and evidence to USCIS by mail or private courier. Perhaps you can find an immigration lawyer in the US who also has offices in Pakistan.

The reason I asked about whether you can obtain a divorce in Pakistan is because I don't know about the divorce laws there. In the US, you can usually get a divorce in the state where you reside, even if the marriage took place in another state or country. To get started, you'd only need a copy of the marriage certificate, which can be obtained from the county clerk's office in the county where you were married. I realize that divorce laws in Pakistan are based on Islamic law. What grounds are available for a wife to divorce her husband under Pakistan law?

[JimVaPhuong 4,863]

I am still not sure whether I will apply or not.. I am financially not very stable now as I left everything in Pakistan and went to US.. and couldnt bring back a single thing !! anyways.. I will ask the details from USCIS ..

I know about Islamic laws but I got married in US court by US law.. that is making me even more confuse..

Thanks for help guys!!

Most countries will recognize a marriage or divorce granted by another country. As far as I know, Pakistan should recognize your marriage, even if the marriage was conducted in the US under US law. However, if you get divorced in Pakistan then Pakistani divorce law will be applied.

If you want a divorce, then you may have few options. Many states in the US will not grant a divorce to a petitioner who does not reside in that state. You may have to seek a divorce in Pakistan, or wait for your husband to file for a divorce in the US.

If your primary reason for wanting to return to the US is to get your property and obtain a divorce, then don't bother with VAWA. The ultimate objective of a VAWA claim is to get permanent residence in the US. You will spend a lot of time, energy, and probably money, and there's a good chance you won't succeed without a substantial amount of evidence. It seems rather pointless to go through all of this if you don't plan to live in the US afterward.

Does your husband have family in Pakistan? If so, perhaps you can get your family to put some pressure on his family. Maybe they'll be able to persuade him to return your property and end the marriage.

[zainab786 1]

Oh.. so I am extracting from you post that I can get a divorce in Pakistan and I can file the papers.. I think I should ask our religious council than.. they mite be advising how..

Yeah belongings are the only reason which is making me worried.. His family is much stronger than mine .. so I dun think family things wud do :S!! The only solution which I am getting right now is to consult an arbitration council in my area or a lawyer here.

Most countries will recognize a marriage or divorce granted by another country. As far as I know, Pakistan should recognize your marriage, even if the marriage was conducted in the US under US law. However, if you get divorced in Pakistan then Pakistani divorce law will be applied.

If you want a divorce, then you may have few options. Many states in the US will not grant a divorce to a petitioner who does not reside in that state. You may have to seek a divorce in Pakistan, or wait for your husband to file for a divorce in the US.

If your primary reason for wanting to return to the US is to get your property and obtain a divorce, then don't bother with VAWA. The ultimate objective of a VAWA claim is to get permanent residence in the US. You will spend a lot of time, energy, and probably money, and there's a good chance you won't succeed without a substantial amount of evidence. It seems rather pointless to go through all of this if you don't plan to live in the US afterward.

Does your husband have family in Pakistan? If so, perhaps you can get your family to put some pressure on his family. Maybe they'll be able to persuade him to return your property and end the marriage.

[JimVaPhuong 4,863]

Oh.. so I am extracting from you post that I can get a divorce in Pakistan and I can file the papers.. I think I should ask our religious council than.. they mite be advising how..

Yeah belongings are the only reason which is making me worried.. His family is much stronger than mine .. so I dun think family things wud do :S!! The only solution which I am getting right now is to consult an arbitration council in my area or a lawyer here.

I'm not saying with certainty that you can get a divorce in Pakistan because I honestly don't know much about Pakistani law. I know a little about Islamic law in general, and I know it's usually much easier for a husband to initiate a divorce, but I've heard it's also possible for a wife to initiate a divorce. I seem to recall something about asking the religious council for a divorce based on abandonment. You live in Pakistan, so you would know more about this than I would.

What I AM saying is that a divorce granted in Pakistan should be recognized in the US, in the event you need the US to recognize it. Since you'll be staying in Pakistan, your only concern should be what is recognized by the government of Pakistan. If you need a copy of your marriage certificate, you should be able to contact the county clerk's office in the county where you were married in the US. This will probably only cost a few dollars to get. You can usually do a Google search for the name of the county, and find the county website, which should contain instructions for obtaining a copy of a marriage certificate.

Unfortunately, your husband is in the US, so there's not much you can do to force him to return your property. You could seek a court order to get your property returned, but you'd have to file a civil case against him in a US court. Since you can't go to the US, you'd have to hire an attorney in the US to represent you. This is time consuming and expensive. That's why I mentioned his family, since family can often have a strong influence on someone even if they are halfway around the world. You say his family is much stronger than yours, but would they approve of him keeping your property?

While the US would recognize a divorce obtained in Pakistan, the US government wouldn't take any enforcement action based on the divorce. You might be able to get a court in Pakistan to order your husband to return your property, but there's no way that order could be enforced in the US. Your husband could simply ignore it.

[Darnell 8,478]

wow - you left USA before having green card in hand?

Usually, that's considered 'abandonment of AOS case' .

As for the other divorce stuff you have in the pipe - you got advice earlier about how to find an attorney, and decided not to have representation when the divorce case came up at the courthouse.

I dunno, I'm hesitant to give you any other advice - many people have already given you advice, I am thinking you either didn't see it, or didn't understand it.

Good Luck !

[zainab786 1]

Daniell.. Thanks for reply, Yes I abandoned my status, I read all the post but did not get an answer how to contact court house or take some action against divorce without an attorney, I called up at the court and they refused to talk over legal matters.

@Can thread managers lock my one thread, both threads are kind of confusing when read together although posted after months back.

Thanks!