Abused Wife

[Old Dominion 26]

A friend was married overseas and came here to live with her new husband, about three years ago. They have a child together. Due to his physically abusive behavior, she was rescued one night from the household and has no intention of returning. Her religious faith is such that she does not want to file for divorce, and for the same reason, filed no police reports. She hopes to obtain her AOS on her own, citing abuse. Without police reports on the abuse, and without any papers regarding divorce, what will she need to do?

[Kathryn41 3,205]

She will have a very rough time of it. The only option she really has is through VAWA and she absolutely has to have evidence - physical evidence - of the abuse. She has been here 3 years - what is her status up until now? If her husband has not sponsored her for a green card and the VAWA claim is denied she will be out of status and will have to return home. She basically cannot pursue a green card on her own.

[VanessaTony 3,567]

I'm sorry if this is true but I don't believe it.

Reasons being "religious faith" states she can't report his behaviour to police, yet she CAN use abuse as an excuse for filing AOS on her own thus reporting him to immigration and all other sorts of things? Maybe you just worded it weirdly...

I'm with Kathryn's opinion on where she stands in regards to AOS. Also, they would be asking why it took her 3 years to file AOS. Did she come over on a spousal visa? It sounds from what you typed that she didn't, which means she's probably here illegally, and will probably be deported if her case is denied. I think we need a little more information. What is her current status?

She should speak to an immigration attorney, as well as a family lawyer as if she's deported she will not be able to take her child with her without the fathers permission.

Edited January 23, 2010 by Vanessa&Tony

[Old Dominion 26]

Thanks, that's what I assumed also, that she's out of luck. She has only her work permit and that's as far as they got, I guess. She's here legally, as far as she knows. Perhaps she came on a CR1, and her first green card has expired without her filing for removal of conditions. An immigration attorney is hard to find in the mountains of Appalachia, but she does have an excellent domestic relations attorney through Legal Aid.

It is obviously too late to get the police to investigate and report; only her friend who came to rescue her at the bottom of a stairwell, bleeding, could probably give evidence. As to her fear of reporting it, she says she didn't want to trigger anything that would lead to divorce, which I imagine is evidence that she's very naive.

Edited January 23, 2010 by Old Dominion

[Anh map 2,098]

Thanks, that's what I assumed also, that she's out of luck. She has only her work permit and that's as far as they got, I guess. She's here legally, as far as she knows. Perhaps she came on a CR1, and her first green card has expired without her filing for removal of conditions. An immigration attorney is hard to find in the mountains of Appalachia, but she does have an excellent domestic relations attorney through Legal Aid.

It is obviously too late to get the police to investigate and report; only her friend who came to rescue her at the bottom of a stairwell, bleeding, could probably give evidence. As to her fear of reporting it, she says she didn't want to trigger anything that would lead to divorce, which I imagine is evidence that she's very naive.

The immigration attorney doesn't have to be local. Perhaps the domestic relations attorney could offer some guidance as to finding contact info.

[VanessaTony 3,567]

Yeah it's unfortunate, but even if she did arrive on the CR1 she never would have got a work permit, she would have a greencard.

Sounds like she came over on a work visa? or tourist visa and applied for an EAD as a spouse maybe? I don't know enough about that side but either way:

1. missing ROC deadline is BAD. I think that means deportation and there's no chance of appeal but I could be wrong

2. it's been 3 years, most visas have "expired" the authorised stay by now.. and so she's here illegally...

Also, it was my understanding (again I could be wrong) that when filing for VAWA or something like that you had to be in the middle or AFTER divorce.. because otherwise why would they believe it's bad enough to require having ROC without your spouse... is that correct people "in the know"?

I don't know enough about US law in regards to heresay (the friend is a friend and not a medical professional and though she could testify to "finding her bloody at the bottom of the stairs" her testimony to how she got there is based soley on the "friends" version of events), and the VAWA rules and stuff, but not to be rude, anyone can throw themselves down the stairs. If you knew the stories I've read about "fake" domestic violence reports and the lengths they (the immigrants) go to (to get a strong case of abuse... the way the injure themselves), you too would be a little less inclined to believe it. so it's nothing against your friend in particular, but the VAWA laws have caused a lot of trouble for a lot of good people being exploited by unsavoury people.

I hope she is able to find a way to stay (if this is all legit), or at least find a way to go back to her home country and be happy with her son.

Good luck.

Edited January 23, 2010 by Vanessa&Tony