Desperate !

[habibti12 0]

my friend got her GC in january 2011 , she is married and has a kid from her husband but she wants to divorce from him coz of mentally and physically abuse . she can apply to ROC in sep 2012 but she cant handle him anymore . Can she divorce and apply to ROC after she got divorce degree or before this degree ? is it too hard to apply alone with waiver or kid is strong evidence ? she scaried that if she divorce from him its hard to get 10 yrs GC . and her husband said u should wait that 90 day window . but she is so tired from his abuse . whats her chance to get her 10 yrs GC ? Sorry for my english .and what if he refuse to divorcee her and can she divorce without him ? how many month she should wait to divorcing in TX ( do they give time 3 month or more to think before divorce procedure ?) beacause they have a kid , is it hard to divorce ? what if they r both to agree to divorce is it easy to divorce ? Thank you so much !

Unfortunately she has no proof of abuse , no police record , no picture of bruise he doesnt pay for anything , she start to work since last month . do they gonna ask for joint tax return ? can she file now or after she got divorce degree ? Thank you for helping !

[Bobby+Umit 161]

As soon as the divorce is final and she can prove it - she can file for the ROC at that time.

No need to wait for the 90 day window.

If she can prove that the marriage was entered in good faith - she should have little issue in getting the ROC removed. (plenty of people do it).

Can't help on the divorce questions - they vary state to state.

[JimVaPhuong 4,863]

Abuse can be used as the basis for a self-petition to remove conditions and get a 10 year green card, but concrete evidence of the abuse is required. If she doesn't have that evidence then it would be pointless to try to pursue that route. A self-petition can also be filed on the basis that the marriage ended in divorce. With either type of self-petition she'll need to provide evidence that she entered the marriage in good faith. With the abuse waiver she'd also need to prove the abuse occurred. With the divorce waiver she'd only need a divorce decree.

Nobody can tell you what her chances are, regardless of which route she takes. This isn't Las Vegas, where everyone's odds are the same. It depends entirely on the specific circumstances of her case and the evidence she's got, and we don't know those details. There are many factors that could radically change the outcome. For example, if she'd been in any trouble with the law then that could have an adverse effect. If the trouble were serious then it could be a dead stop. If there's any derogatory information already in her USCIS case file then that could have an adverse effect. If her husband sends an affidavit to USCIS accusing her of entering the marriage to get a green card then that might possibly have an effect, depending on what evidence he's got. If her evidence of good faith marriage is weak then that would have a negative effect. The list goes on and on.

Divorce laws vary radically from one state to another. Child custody will definitely have to be resolved, as will a property settlement. One party can always obtain a divorce without the cooperation of the other party, but it will take longer. If the divorce is contested then it might take a lot longer.

Texas allows several grounds for divorce, but they also allow a "no fault" divorce filing. These can usually be completed without a trial, but only if both parties agree. If one party contests the grounds then a trial will be needed. Again, this will add considerable time. The fastest way to divorce is Texas is to request the court to refer the case to arbitration or mediation. This will allow the couple to settle the terms without involving the court, and the judge will basically rubber stamp the final agreement.

Your friend should hire a divorce lawyer as soon as she's ready to begin.

[Macbook 2]

my friend got her GC in january 2011 , she is married and has a kid from her husband but she wants to divorce from him coz of mentally and physically abuse . she can apply to ROC in sep 2012 but she cant handle him anymore . Can she divorce and apply to ROC after she got divorce degree or before this degree ? is it too hard to apply alone with waiver or kid is strong evidence ? she scaried that if she divorce from him its hard to get 10 yrs GC . and her husband said u should wait that 90 day window . but she is so tired from his abuse . whats her chance to get her 10 yrs GC ? Sorry for my english .and what if he refuse to divorcee her and can she divorce without him ? how many month she should wait to divorcing in TX ( do they give time 3 month or more to think before divorce procedure ?) beacause they have a kid , is it hard to divorce ? what if they r both to agree to divorce is it easy to divorce ? Thank you so much !

Unfortunately she has no proof of abuse , no police record , no picture of bruise he doesnt pay for anything , she start to work since last month . do they gonna ask for joint tax return ? can she file now or after she got divorce degree ? Thank you for helping !

She can get divorce right now. Make sure that in divorce she says (ON RECORD) that she is divorcing because abuse.

Regarding GC she does not have to worry. She has the best evidence for bona fide marriage KID!

I'm not attorney and this is not legal advice. This is just my personal opinion!

[VanessaTony 3,567]

Regarding GC she does not have to worry. She has the best evidence for bona fide marriage KID!

Unless she has a DNA test proving he's the father the child is only proof she had sex with someone. Even with DNA, people get pregnant all the time to random one-night stands with no emotion involved so no it's NOT the "best evidence of a bonafide marriage". It's just one part of a puzzle... she won't be approved for kid alone.

Edited April 6, 2012 by Vanessa&Tony

[Macbook 2]

Unless she has a DNA test proving he's the father the child is only proof she had sex with someone. Even with DNA, people get pregnant all the time to random one-night stands with no emotion involved so no it's NOT the "best evidence of a bonafide marriage". It's just one part of a puzzle... she won't be approved for kid alone.

Birth certificate of child where father is USC and she is mother is proof of bonafide marriage and she won't need anything else! If there is not birth certificate or it says something else than is BIG problem!

I'm not attorney and this is not legal advice, this is just my personal opinion!

[VanessaTony 3,567]

Birth certificate of child where father is USC and she is mother is proof of bonafide marriage and she won't need anything else! If there is not birth certificate or it says something else than is BIG problem!

No it's not ENOUGH proof. It's one small piece yes but it doesn't prove without a doubt the marriage is fine. Unless there's DNA proving it's his child there's still no proof. Many men find out after the fact that "their child" isn't "their child" at all and their names were on the birth certs. In fact in some states if you're married the child is "automatically" your husbands which has bitten many men on the butt when the woman has been having affairs and he tries to get his name off the birth cert (in one case there was DNA evidence it wasn't his but that still wasn't enough).

A child isn't "be all and end all" proof of the relationship. They need financial co-mingling and other evidence. Plenty of people get approved without children so it's obviously not that all important proof. Again, the child is ONE piece of the puzzle and other evidence IS required. If they rock up with just a baby they run the risk of being denied. I would not recommend such an action.

Edited April 6, 2012 by Vanessa&Tony

[ladyg 10]

No it's not ENOUGH proof. It's one small piece yes but it doesn't prove without a doubt the marriage is fine. Unless there's DNA proving it's his child there's still no proof. Many men find out after the fact that "their child" isn't "their child" at all and their names were on the birth certs. In fact in some states if you're married the child is "automatically" your husbands which has bitten many men on the butt when the woman has been having affairs and he tries to get his name off the birth cert (in one case there was DNA evidence it wasn't his but that still wasn't enough).

A child isn't "be all and end all" proof of the relationship. They need financial co-mingling and other evidence. Plenty of people get approved without children so it's obviously not that all important proof. Again, the child is ONE piece of the puzzle and other evidence IS required. If they rock up with just a baby they run the risk of being denied. I would not recommend such an action.

She can get divorce right now. Make sure that in divorce she says (ON RECORD) that she is divorcing because abuse.

Regarding GC she does not have to worry. She has the best evidence for bona fide marriage KID!

I agree with the above .I have a child with a USC had the same problem.To prove that I entered in marriage in good faith the child I have with him was proof enough and uscis never asked for more on the subject ,I had to send copies of the birth certificate.I didnt have joint account or any document accept for medical insurance through his job.So yes a child is proof enough to have entered in marriage in good faith.

[VanessaTony 3,567]

I agree with the above .I have a child with a USC had the same problem.To prove that I entered in marriage in good faith the child I have with him was proof enough and uscis never asked for more on the subject ,I had to send copies of the birth certificate.I didnt have joint account or any document accept for medical insurance through his job.So yes a child is proof enough to have entered in marriage in good faith.

No. You also showed medical insurance but for AOS the burden of proof isn't as high as ROC. I challenge you (if you're willing to risk a RFE) to send ONLY the birth cert of your child with your ROC and see what happens. I can guarantee (about 98% sure) that you will be RFE'd for more info. A baby is NOT enough and saying it is is dangerous to other people. They NEED to co-mingle their lives to stand the best chance.

[ceadsearc 516]

It isn't enough. At least, it's not guaranteed to be enough. You have no way to know what the IO will ask at an interview. A birth certificate of a child is one piece of evidence you can send with your packet and that may be enough just to send. But you will likely get an RFE or an interview and that won't be enough.

We brought our daughter (and birth certificate!) to the interview we had for AOS. I realize AOS is different but USCIS expects to see MORE comingling by ROC, not less. Our IO basically said to us, "how do I know she belongs to your husband?" Then she looked hard at my daughter (spitting image of my husband) and said, "oh, she does look just like him." Then she asked us for a ton more evidence and grilled us on why we didn't have certain things.

Yes, having our child probably helped (moreso because she was there and looked just like my husband than because we had a birth certificate), but our IO was VERY clear that a child alone is NOT proof of a bonafide marriage. Advising people it WILL be enough is like telling someone Russian roulette isn't risky.

Edited April 7, 2012 by ceadsearc

[JimVaPhuong 4,863]

Birth certificate of child where father is USC and she is mother is proof of bonafide marriage and she won't need anything else! If there is not birth certificate or it says something else than is BIG problem!

I'm not attorney and this is not legal advice, this is just my personal opinion!

The presumption that having a child is all the evidence you'll need has gotten many people into big trouble. This is a big misconception that too many people unfortunately have. I've seen fiancee and spousal visas denied, even though there was a child that was proven to be the petitioner's. I've seen adjustment of status and removal of conditions cases denied, even though there was a child that was proven to the US citizen spouse's. A child is one piece of evidence. That's all. If there are negative factors then a child alone will not be enough to overcome them.

If all you had to do was get knocked up then that's what every visa and green card scammer would do.