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Filed: Other Country: Australia
Timeline
Posted

hello, i am in need of some urgent assistance :(

i am a lawful permanant resident since February 2009. i married my husband in Australia and we had one son there. after 3 years i was granted my visa and migrated here.

Before we moved, i supported my husband in AU, and paid off $6,000 of his debt he had so we could have a fresh start. he promised many things including buying a house, showing me america and working while i raised the children, and told me i could continue my studies for my degree. he did say that for the first few months we would live with his parents while he went to a job he had arranged when we arrived.

I arrived in US and he had neglected to tell me his family lived in a FILTHY trailer that had faeces on the floor and dead animals in air ducts etc. (he told me they lived in a nice house)

i found out i was pregnant 2 months after arriving and was so upset/disgusted at the living arrangements i locked myself in the bedroom. after 6 months he told me he had gotten an apartment, so i thought we could finally begin life as planned, but immediately after we moved he changed. he kept all my documents & ID, would not give me a key to they apartment and was not allowed out unless he took me. He never bothered to look for work, and sold the childrens foodstamps for money so we always had not enough food and very poor quality things like hotdogs and macaroni.

After the baby was born he refused to file his dual citizen papers for australia so i cannot return there unless i leave him behind which i will not do.

he started school and used the school grants to buy expensive clothes and car audio for himself, and refused to take me to a doctor or dentist saying it was "a waste of money"

finally in february this year i caught him cheating on me and he said he was going to divorce me. after a while he said he would work things out and started being kind to me, letting me go to the grocery store, he bought me a pair of shoes and even let me see a dentist to have a badly abscessed tooth removed. but i found him secretly contacting immigration trying to deport me (which he cant do since im here legally)

Then in August i contacted an immigration lawyer and he found out and injured me when he tried to take my phone away so i couldnt call for help.

I filed a protection order against him which ordered him out of the house, but he somehow had it ammended so that he could stay so i took my eldest son and stayed in a domestic violence shelter (he had taken the baby to his sisters when he found out about the protection order so i was unable to get him back for 2 weeks)

It went to court and i had an attorney appointed by the shelter. i was awarded the apartment, but he was given temporary custody of the boys since he had foodstamps and his family vouched they would support him while i had no means of getting food.

He then breached the protection order and police were called, causing my attorney to withdraw and while i was in the shelter he emptied and closed the joint bank account.

i am now in DESPERATE need of legal help. He does not bring the children to me on time as ordered (i get them in day, he has them overnight)and i found out he has another bank account i did not know about with nearly $6,000 in it. Where can i get a GOOD lawyer to help me enforce the affidavit of support and that can help in the divorce so that i can get on my feet again?

i live in Howard County in Indiana, and there are very few lawyers available, and none that will take the case without retainer

Filed: K-3 Visa Country: Colombia
Timeline
Posted

did you fil file to remove conditions yet,he is respondsable for you he signed the affidavit of support,go to the welfare dept in your area ask for help food stamps a check,or section 8,report him to uscis, and keep all records of every thing,sorry your having this trouble, good luck to you,

Filed: Other Country: Australia
Timeline
Posted

did you fil file to remove conditions yet,he is respondsable for you he signed the affidavit of support,go to the welfare dept in your area ask for help food stamps a check,or section 8,report him to uscis, and keep all records of every thing,sorry your having this trouble, good luck to you,

how do i file to remove conditions? i didnt know i had any conditions.

am i allowed to apply for foodstamps? i dont want to be deported for being a public charge :(

Filed: K-1 Visa Country: Wales
Timeline
Posted

There seems no immigration issues, sounds like she has her GC and could be a citizen by now.

Getting benefits as a single adult is difficult to impossible.

Go back to the shelter and see if they will re-arrange the lawyer?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Country: Australia
Timeline
Posted

There seems no immigration issues, sounds like she has her GC and could be a citizen by now.

Getting benefits as a single adult is difficult to impossible.

Go back to the shelter and see if they will re-arrange the lawyer?

there are no immigration issues, i can apply for citizenship in 3 years

custody has not been finalised so i may be able to apply as a single parent...but i dont want to become a public charge

the shelter has exhausted all resources and me and my case manager are desperately trying to find help. I want to find out how to go about petitioning for the affidavit of support in order to pay for a good lawyer and set myself up

Filed: K-1 Visa Country: Wales
Timeline
Posted

Are you working?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

[quote name=help :(' timestamp='1322883168' post='5035397]

how do i file to remove conditions? i didnt know i had any conditions.

am i allowed to apply for foodstamps? i dont want to be deported for being a public charge :(

You can NOT be deported for receiving means tested benefits.

K-1 JOURNEY

157 DAYS FROM NOA-1 TO NOA-2

181 DAYS FROM NOA-1 TO INTERVIEW

07/14/2011 - I-129F sent via FedEx to USCIS
07/15/2011 - Arrived at CSC, signed for by E. Jameson
07/15/2011 - NOA-1 (E-Mail)
07/19/2011 - NOA-1 (Hard Copy)
08/01/2011 - Touched
12/19/2011 - Touched
12/19/2011 - NOA-2 (E-Mail)
12/22/2011 - X-Ray
12/22/2011 - Lab Work
12/23/2011 - NOA-2 (Hard Copy)
12/27/2011 - NVC Received
12/28/2011 - San Jose Embassy Case Number Assigned
12/29/2011 - NVC Sent Petition via DHL to Embassy
12/30/2011 - Embassy Received Petition, signed for by J. Rodriguez
01/04/2011 - Medical
01/09/2011 - Packet 3 Received
01/12/2011 - Embassy Interview - Approved
01/19/2011 - Visa Received
01/21/2012 - POE (Ft. Lauderdale, FL - USA)
01/23/2012 - SSA Issued Fresy's SSN
02/18/2012 - Wedding

_____________________________________________________________________________________________

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Posted

File a police report saying that your documents were stolen. Then you can contact the SSN & USCIS to request new cards.

Have you tried contacting the Catholic Charities in your area for legal help?

http://www.indianajustice.org/Home/PublicWeb/LegalSvcs/byCounty

Here is a link for free/low cost attorneys in Howard County. As an LPR, you have just about the same rights an USC and don't let anyone tell you otherwise.

Filed: Other Country: Australia
Timeline
Posted

File a police report saying that your documents were stolen. Then you can contact the SSN & USCIS to request new cards.

Have you tried contacting the Catholic Charities in your area for legal help?

http://www.indianajustice.org/Home/PublicWeb/LegalSvcs/byCounty

Here is a link for free/low cost attorneys in Howard County. As an LPR, you have just about the same rights an USC and don't let anyone tell you otherwise.

no, i hadnt thought about charities..thankyou =) ill look into that

i looked at that site already and it just gives legalaid and one that couldnt help :(

i thought i had limited rights... my husband always said i have no rights until i get citizenship. until then i have to rely on him to get anything. im going to call immigration on monday, and see what my rights are...

thankyou =)

Filed: K-1 Visa Country: Wales
Timeline
Posted

You can NOT be deported for receiving means tested benefits.

Begs the issue of what means tested benefits.

I have seen one case of where a divorce involved the affidavit of support, there the wife could show that she was unable to mitigate her loss by obtaining a job.

It is very very unusual.

Sounds like what you really need is a divorce lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
As an LPR, you have just about the same rights an USC and don't let anyone tell you otherwise.

reread this comment ten times. this is the first thing you need to remember. you have more rights than you have been led to believe.

you do not need him to do this. the money issue may make this harder, but you will find a way!

keep us posted. i want to know when you get your happy ending!

21 oct 08 : i-129F sent / 22 oct 08 : NOA1 / 23 feb 09: NOA2 / 13 mar 09 : rec'd 'packet 3' / 28 mar 09 : rec'd 'packet 4' / 20 apr 09 : interview / 22 apr 09 : passport/visa delivery by courier / 29 apr 09 : POE @ PHL / <3 05 may 09 : married <3 / 06 jul 09 : AOS submitted / 09 jul 09 : NOA for EAD/AP/i-485 / 28 jul 09 : biometrics / 31 aug 09 : AP rec'd / 02 sep 09 : EAD rec'd / 19 oct 09 : conditional green card rec'd

16 jul 11 : i-751 sent to VSC (fedex)

18 jul 11 : fedex confirmed delivery; NOA1 generated

20 jul 11 : NOA1 notice rec'd; check cashed; touch

26 jul 11 : NOA2 generated

28 jul 11 : NOA2 biometrics appt letter rec'd

29 jul 11 : letter req biometrics appt rescheduling sent

09 aug 11 : biometrics appt (could not attend); NOA3 generated

11 aug 11 : NOA3 (rescheduled) biometrics appt letter rec'd

24 aug 11 : biometrics appt

14 oct 11 : conditional green card expiry date

16 nov 11 : filed AR-11 for LPR online

18 nov 11 : mailed i-865 for USC

22 nov 11 : moved house; NOA4 change of address for USC rec'd

13 dec 11 : filed AR-11 for LPR by phone

29 dec 11 : filed hardcopy AR-11 for LPR by mail

18 jan 12 : 6 month mark ROC

05 apr 12 : approval letter rec'd

16 jul 12 : n-400 filing window opens

immediate concerns:

none, immigration-wise.
Posted

You won't be deported for using means tested benefits but if you aren't eligible then you probably will be denied when you apply. Otherwise, the government can go after your husband for the money to pay it back.

The affidavit of support is not to support you, though. It's a contract between him and the government. Even with a great lawyer your chances are slim to none of getting him to support you based on that affidavit.

Try to find a family lawyer who does free consultations or contact a place like Catholic Charities for assistance. This is a family law issue, not an immigration one.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Posted (edited)

It is ILLEGAL for him to keep your green card away from you. You need to get that back so that you can get a job (or get child support via a divorce order?). I don't know about all the resources that you can get, but you need to dump this guy and fast. He is NO good for you OR your children.

And yes, you have nearly all the rights of a US citizen. The exceptions are that you can't vote or take public office and maybe a few minor other things. But you have about 99% of the same rights as an American citizen.

He sounds like a ####### and I hope you can get out of that situation because it sounds like he is manipulating you for his own ends. Please do not give into him, for your sake and your children's sakes. Do you have family or a support system in Australia? What do they say?

Now to get to the green card question: When you got your green card, how many years were you married? If it was more than 2, then you should be okay and don't have to remove conditions, like a previous poster had said.

Edited by Justine+David

Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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