Husband doesn't want to file papers

[Penny Lane 8,159]

How can the OP even file for AOS herself? It doesn't sound like the husband will sign an affidavit of support.

[AstaMarisa 84]

i offered u to ask my friends about specific military stuff if u have a question about it, but i just got a real weird personal email from u. what should i do with that?

I don't believe that you were abused or that you can help me because you asked me for the address where his office is, and I sent it to you. And you said you don't know what to do with this information. How do I know? You told me you need address and you willing to help me, but it's just too weird. Why would you ask for the place where he works? Just don't understand.

P.S. I thought I said that I take advices and work on them. And very grateful for all suggestions.

I want to try to file the papers first and if he will still not do it then I should try all other options.

Edited May 2, 2012 by murysa

[AF-Wife 181]

i wrote in my responds some pages ago i been there. 18years young all alone in a strange country and emotional and physical abused.

so trust me i know how it is and thats why i get offends about it when i think someone makes more to the story then there is.

earlier i send u links for shelters in cali, and i also wrote that u always can call them and ask them for advice or go see someone they really helpful with everything.

i also send u a link from the uscis if u wanna file aos on ur own and ur husband abuses u then there is VAWA.

cuz what u wrote at the beginning sounded like abuse, and then u backed out of it. if u want help and have a better life , change it. help and options are out there.

if u wrote that u said to them u were 24 weeks pregnant, my bad then. but still u must have had a tiny belly then.

i offered u to ask my friends about specific military stuff if u have a question about it, but i just got a real weird personal email from u. what should i do with that?

im out of this now, cuz i dont believe u. i tried to help u, give u links and options. u come up with excuses why u cant do this and that.

it's NOT about believing her, leave that up to USCIS I really think a moderator needs to step in now! because this whole threat is about believing her story and not helping her!!!

Edited May 2, 2012 by AF-Wife

[Dana-Mića 51]

I think this thread has gone on for too long without anything productive being done besides trying to figure out if it's try or not and her defending her self. With that said the OP wants to know how and if she should put that she was arrested since its not on her record? I believe that you need to say yes to that question and that it should also ask if you were convicted where you should state no since the charges were dropped. You should also add a letter explaining what happened but don't make it too long or personal also if you can get a hold of the police report and a court certificate stating you have no record it would be great. I'm just stating what I would do since I am not a professional and haven't been in your situation.

[ceadsearc 516]

Yes, you MUST admit to your arrests AND provide documentation from the PD about them. USCIS runs FBI background checks so they can access ANY arrest, even if you were not convicted or it was expunged. If you lie, they will definitely find out and you will be accused of material misrepresentation and deported for life. So do not lie.

[AstaMarisa 84]

Oh, do I really really have to find this document from the police?

Also one time they already put me in a car but then decided not to take me! Should I mention this one also?

Also does tax return paper look like "form 1040x" with the stamp "received " and 2nd page "form w-7". Is that the thing?

[ceadsearc 516]

Yes, you will have to get records of all arrests.

1040x is an amended tax return. You should request tax transcripts from IRS. See the IRS website for info on how to do so.

[Dana-Mića 51]

Oh, do I really really have to find this document from the police?

Also one time they already put me in a car but then decided not to take me! Should I mention this one also?

Also does tax return paper look like "form 1040x" with the stamp "received " and 2nd page "form w-7". Is that the thing?

Get your arrest record from the police first and than you will see if you need to put it or not. Because if they just put you in the car and than let you go it means they probably didnt file any charges at that point. An arrest to me at least is when they take you to the precint and book you.

Edited May 2, 2012 by Dana-Mića

[bigdog 376]

24-Hour Toll Free Crisisline:

1-888-DVLINKS (385-4657)

www.dvlinks.org

Center for Community Solutions in San Diego might be a start. good luck.

[Kathryn41 3,205]

The OP has come asking for specific advice about filing to adjust her status. She has shared some of the extenuating circumstances that relate to questions she has filling out the forms. Thank you to those who have taken the time to respond to Murysa's questions. For those of you who wish to challenge her veracity, please keep your comments to yourself. Visa Journey is supposed to be a forum to provide assistance and support, not to make judgmental personal attacks because you don't like the circumstances that have been presented. If there is a problem with the truth, USCIS is the appropriate one to determine this. I have read over this thread and I have no difficulty in believing the truth of Murysa's situation. Some of us would perhaps manage things differently if we were in her situation, but that's the thing, none of us are and the best assistance you can offer is to help her with her questions - or not post in this thread at all.

Any further negative, critical or judgmental comments will result in a thread ban for the poster. I am leaving this thread open as Murysa still appears to have some questions with which she needs assistance. So, either provide the requested assistance, or do not participate.

[Ale_Grisolia 4]

Well he works at Public Affair office so he knows how to say right words to the right person, so he is very tricky, he put me in jail twice already every time after I tried to do something on my own, he also has money, lawyers around, a car and ability to do anything. And I can't even walk out of the door, because I have my baby in my hands, don't have a car or money to get anywhere. So even if I start something he will just put me in jail like always. And as I said his English is much better than mine so he will find a way to trick people to believe him. No lawyer could help me since I'm here so I decided to just deal with him by myself, just be nice to him and pretend that I'm happy with everything. At least he won't take my son from me.. I don't know. It's really risky to do anything.

Oh no! You have to do something. Several days ago my fiancee call USCIS and they gave us a web site to seek for legal help PRO BONO (for free), you have to call them and apply with a form but I think your case is screaming for PRO BONO help.

Here is the link: http://www.justice.gov/eoir/probono/freelglchtIL.htm#top

I also found this link: http://www.ovw.usdoj.gov/

Good luck!!!!

[AstaMarisa 84]

Kathryn41 Thank you.

I have some questions about i-864 form, it says

21. Yur household size DO NOT COUNT ANYONE TWICE

persons you are sponsoring in this affidavit

a/ Enter the number you entered on line 10. --- 1 ?

Persons NOT sponsored in this affidavit:

b/ yourself -------- 1

c/. If you are currently married, enter "1" for your spouse. --- 1 ? (did it mean I count myself twice? a bit confusing)

d. If you have dependent children, enter the number here. --- 1 ? (we have 1 child)

.....

h/ Add together lines and enter the number here. Household Size: ---- 2? (or 3?) - it's 3 of us, me, husband and son. Husband and son are US citizens.

Form is here http://www.uscis.gov/files/form/i-864.pdf

Please help!

And another question : I need copy of my birth certificate and translation - can I do the translation myself? Or it's supposed to be some office doing that?

[ErikaAndHamit 73]

no you do not need to provide any of the info when they "just put you in the car and let you go" just for anything that you were taken to jail for...just get your arrest records and go from there on what to include...you still need the I-864 or whatever it is called...yes you need tax returns, but he needs to do that paperwork since he is th esponsor

[KayDeeCee 4,894]

Kathryn41 Thank you.

I have some questions about i-864 form, it says

21. Yur household size DO NOT COUNT ANYONE TWICE

persons you are sponsoring in this affidavit

a/ Enter the number you entered on line 10. --- 1 ?

Persons NOT sponsored in this affidavit:

b/ yourself -------- 1

c/. If you are currently married, enter "1" for your spouse. --- 1 ? (did it mean I count myself twice? a bit confusing)

d. If you have dependent children, enter the number here. --- 1 ? (we have 1 child)

.....

h/ Add together lines and enter the number here. Household Size: ---- 2? (or 3?) - it's 3 of us, me, husband and son. Husband and son are US citizens.

Form is here http://www.uscis.gov/files/form/i-864.pdf

Please help!

And another question : I need copy of my birth certificate and translation - can I do the translation myself? Or it's supposed to be some office doing that?

You do not count anyone twice. For c. asking about a spouse, you put 0 there. a. 1, b. 1 and d. 1 will add up to your household size of 3.

[2011fall 0]

There are different types of people on VJ.

Some people are providing help and assistance to everyone who asks for help if they have knowledge and similar experience on that situation. They tend not to judge at all on the 'truth' of the story/situation described by OP (anyway no one can know the reality except the OP herself/himself, or there might always be something that has been 'tailored' for whatever reason, or people are just kind and sincere to help).

Some other people provide help and suggestions to OP they sympathize or refuse to give advice if they think/believe/feel OPs are bad people (for instance, people who fraud and got married just for green card or people who tried to get rid of their foreign spouse in a very nasty way.)

Some people are in the middle and swing between the two groups and it depends on the situation. No wrong or Correct on any of the above behavior I would say.

I really don't have any experience in military cases, and could not understand the abuse victim/abuser behavior, I doubt your story and your story on English, but I saw people were on your side and supporting you.

I am confused. I am usually the second type of people but I guess I am swinging now.

In regards to your questions on the arresting records--I really suggest you to go with the truth. Lies will either end up with horrible result, or will need bigger lies to cover the previous ones. If you decided to go for the abuse appeal process after trying out this normal process (anyone else please jump in and tell the OP if it is possible/better to go through two process at the same time, or one of them the first?), this can be the 'evidence' that he was abusing you and put you into jail, which also shows you have been always honest. (i think you might be in bad condition if you sue him on abuse and says that he puts you into jail, but tick 'no arresting' on this form, i guess)

In regards to your question on filing as normal I-485, I doubt it if you could do it without letting your husband (I think you could collect all the rest of the materials on your own. He is 'useful' mainly and importantly on the finance sponsorship stuff. And I don't think you could have some friend or even his family to SPONSOR you. They can only be 'COSPONSORS', which means you still need your husband's signature) Since you already asked about the tax return forms and I guess you could get them.

As a whole, I am strongly against any form of fraud, faking signatures, or fake materials. I am sorry if you have never thought about them. But if you have ever thought about these, please don't go after it.

I appreciate VJ people's time on helping, giving advice and expressing their opinions on why they chose not to help as well.

I personally will be off on this post though since I had my judgement as well.