2 yrs GC holder, but has been abused by the USC spouse

[wanted:happiness 0]

I am so thankful I finally found a site that I think will help me with my concern.

Here is the story.

My husband and I have been living together since October last year. But since then, I have been having numerous events of domestic violence. From physical, mental, down to emotional abused. All of the major events have police reports(6). I have lived also in the women shelter until I finally moved to my aunt's home in another state for 3 months. But then he made so many promises that he will change for the better to I gave him another chance and move back to him.

But again, he is more than usual. He is back to who he was and stoningly abusing me eversince I was back.

I have several questions I would like to ask to see if where I should start from here to protect my status since I am attending college and there is nothing more than important to me to finish school.

I have every proof that I can provide to back up the domestic violence:

Like:

-Police reports (6)

-Affidavit from someone that s/he knows that s/he witnessed the violence

-Statement that I have resided to a women shelter to protect me from my abuser.

-Signed statement from a friend that s/he witnessed the violence too.

-Signed report from the Coroner's office that my husband was suidical.

-Realese form from the hospital to which my abuser seek help for his actions.

-Pictures of my scars/bruises

Now, My questions are;

-Can I remove conditions already even there is no divorce filed yet?

-Can I do this silenty without his knowing that I am working on my immigratioin status?

-I don't have any financial sources to pay for the fees, what should I do?

Kindly help me to seek light out of this tunnel. Thank you very much for reading my post.

[Deputy Purple 1,294]

-Can I remove conditions already even there is no divorce filed yet?

-Can I do this silenty without his knowing that I am working on my immigratioin status?

-I don't have any financial sources to pay for the fees, what should I do?

Best advice I can give you is to return to the woman's shelter, they will be able to get you connected with an Immigration Lawyer who will help you Pro Bono. You can request Fees be waived and would probably get more luck with this if you are currently at a shelter.

You can File ROC asking for the Joint requirement to be waived based on divorce, not sure if you can do it based on abuse before there is a divorce.

Again, best advice I can give you is return to the shelter they will be able to connect you with the appropriate resources.

[krautlaus 7]

I'm sorry to hear your relationship didn't work out. This is a terrible situation..

As for your questions, I can definitely say that you do not need to get divorced to be able to file for ROC by yourself.

See instructions to Form I-751 Page 2

Hope this helps a little.. Good luck and hang in there!

Edited October 31, 2010 by krautlaus

[JimVaPhuong 4,863]

-Can I remove conditions already even there is no divorce filed yet?

Yes. The basis for self-petitioning to remove conditions is abuse by your USC husband (also called VAWA).

Unless the state you live in allows divorce "for cause", it would be better if you did not file for divorce until after you successfully remove conditions. If you file to remove conditions after divorce then you need to be able to demonstrate that the abuse was the primary cause for the divorce, and this can be more difficult in a "no fault" divorce state. In those cases, USCIS often disregards the abuse claim, and just adjudicates the removal of conditions based solely on the divorce.

In addition to evidence of the abuse, you'll need evidence you entered the marriage in good faith, such as proof you lived together as a married couple.

-Can I do this silenty without his knowing that I am working on my immigratioin status?

Yes. USCIS will not contact him.

-I don't have any financial sources to pay for the fees, what should I do?

Contact Catholic Charities in your area. They often help victims of domestic violence with immigration matters at no cost.

[wanted:happiness 0]

thank you very much for the replies.

So I still have to fill out the same form for ROC or another form.

yes, I have proofs that we live together.

[krautlaus 7]

thank you very much for the replies.

So I still have to fill out the same form for ROC or another form.

yes, I have proofs that we live together.

You will still need to file form I-751 - just make sure to indicate your abuse (although marriage was entered in good faith, etc):

[wanted:happiness 0]

You will still need to file form I-751 - just make sure to indicate your abuse (although marriage was entered in good faith, etc):

thank you Krautless. You are such a big help.

And I believe the waiting time is just the same with the usual ROC?

So, where would the USCIS send their communication letters to me, will it be to the address of the Petitioner?

The reason I ask is that I changed address online for 3 times already because of his work, we transfer from one place to the other. So I don't know if the USCIS will send their mails to the latest address I input in the chage of address online.

And I noticed that "and I request a waiver" is this another paperwork that I need to fill out?

Edited November 4, 2010 by wanted:happiness

[krautlaus 7]

thank you Krautless. You are such a big help.

And I believe the waiting time is just the same with the usual ROC?

So, where would the USCIS send their communication letters to me, will it be to the address of the Petitioner?

The reason I ask is that I changed address online for 3 times already because of his work, we transfer from one place to the other. So I don't know if the USCIS will send their mails to the latest address I input in the chage of address online.

And I noticed that "and I request a waiver" is this another paperwork that I need to fill out?

Glad I could help a little..

They will send everything wherever you want them to send it. So if you put your sister's/aunt's/friend's address down as the mailing address, all the paperwork will go straight to that address. Just make sure you put your permanent address in the first part (which you can change online or by phone).

I would choose a mailing address for all the mail you will be receiving which you know will be around for a while and which is fairly secure - it doesn't necessarily have to be your current address where you actually live (as far as I understand).

I'm not sure how the whole 'request a waiver' process works.. you might want to post that separately

[wanted:happiness 0]

Glad I could help a little..

They will send everything wherever you want them to send it. So if you put your sister's/aunt's/friend's address down as the mailing address, all the paperwork will go straight to that address. Just make sure you put your permanent address in the first part (which you can change online or by phone).

I would choose a mailing address for all the mail you will be receiving which you know will be around for a while and which is fairly secure - it doesn't necessarily have to be your current address where you actually live (as far as I understand).

I'm not sure how the whole 'request a waiver' process works.. you might want to post that separately

thank you very much!

I shall be starting to work on this really soon.

Thank you everyone who posted. I really appreciate it.