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Filed: Citizen (apr) Country: Spain
Timeline
Posted

I just had an incident of domestic violence. I just finished speaking with the police officer and he is on his way to my separated husband's house to talk to him and possibly arrest him. We have a child and she is with him at the moment. I have already done my biometrics (about a month ago) and I am just waiting on the approval notice now. What do I do?? I am filing jointly as we are still married. Do I just leave it how it is and wait for my approval notice to be able to divorce him? Do I inform USCIS of what just happened? There are now 2 police reports on him. The first one for not letting me see my daughter for 3 days. I am scared that if I report it they will cancel my case and I have to start all over by filing by myself... but then I know they require a divorce certificate and we are NOT divorced yet. UGH why did I ever have to meet him?

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

You should wait to learn what law enforcement actually does, rather than guessing at the future.

Once you have facts, then proceed with the path you believe is best for your life. That may end up complicating your immigration path.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Well they were not able to locate him (nor my daughter) so now most probably they are going to issue a warrant for his arrest. ####### do I do???

You can either wait to see whether they want you to interview, OR if you're planning on filing for divorce now (which is a little hard to do if you can't find him) then you can make an infopass and change it to a waiver filing.

I suggest you wait and see what happens. if they find him they arrest him. Then you file for divorce and have him served in prison. then you make an infopass and change to a waiver filing. If your decree doesn't come in time to reply to the RFE you get denied, you go before an immigration judge who order them to wait until you get the decree, you get the decree, respond to the RFE, your ROC continues processing.

Or you can wait to see if you get the card without interview. If you DO get an interview then you'll need to change it at the interview to a waiver filing.

Basically. Wait.

Filed: Citizen (apr) Country: Spain
Timeline
Posted (edited)

I finally fixed my phone so I was able to call his mom's house (where he is staying.) He wouldn't let me speak to my daughter, but at least I know they are both there (which is good... at least knowing where they are...) Anyways... I am just going to wait and see I guess. He broke my car and my MP3 player, so he is also being charged with property damage, and may possibly end up in jail. BLEH BLEH BLEH... I met him when I was 17 (now I am 21), and I swear that if it wasn't for my daughter, I would consider him the worst mistake of my life.

Edited by LiveStrange
Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)

You found him, you found her, that's the main thing.

In the event you're called for interview, you will most likely not be approved unless he comes, and if he DOES come, what sort of damage could he do? I suggest speaking to a family attorney to find out about the divorce process in your state. If you are called for interview, you should either attend the interview and request the change to waiver filing there (if they say they can't approve you without him there), or file when you get the interview notice and still attend the interview and tell them you're changing to a waiver filing. This gives you more time.

Also, I would speak to a family attorney regarding your child custody order/visitation agreement, if you haven't already. If you don't have an order in place, speak to your attorney BEFORE advising him you're seeking legal advice re divorce/custody. i won't go into why here, they can tell you that.

**Edit - getting a waiver based on a abuse is harder than a waiver based on divorce. I suggest, if possible, to base it on divorce.

Edited by Vanessa&Tony
Filed: Other Country: Brazil
Timeline
Posted (edited)

It's not the first time I read people saying that the waiver based on abuse is harder than a waiver based on divorce. Where the hell did you guys get these facts from?. Thousands of waivers based in domestic violence are submitted every year and most of them are approved. Just here in the VJ I helped (pro bono) more than 20 people with their waivers based in domestic violence and I never had one single case denied. Once the violence happened you probably will have your waiver approved if you entered in your marriage in good faith and you were battered. There is no difference at all in the approval rate for I-751's based in good faith marriage that ended in divorce/annulment or domestic violence.

You can choose go forward with the I-751 waiver(you will need the divorce decree) or as a battered spouse(you don't need a divorce decree). Check this link out.

http://www.visajourney.com/forums/topic/364954-i751-and-domestic-violence/

Edited by sandranj
Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Well they were not able to locate him (nor my daughter) so now most probably they are going to issue a warrant for his arrest. ####### do I do???

It is out of your hands... The law enforcement will prosecute because there is a chance that the child could be endangered. His mistake was hiding, if your friends can find him, let them tell him there is a warrant for him and advise him to get a lawyer. Then turn himself in willingly on good effort and conduct. This would reduce the allegations and give him some favors in court.

"Family time is very precious and you should cherish every moment of it."

01/20/12 - I-130 sent to Chicago Lockbox.

01/26/12 - NOA1 received and processing at Vermont.

06/28/12 - NOA2 announced on status check.

06/29/12 - NVC received case learned on 07/2/12.

06/30/12 - Hard copy NOA2 received.

07/09/12 - NVC Casefile Number and IIN Issued.

07/16/12 - Receive and Sent DS-3032 via email.

07/17/12 - Mailed DS-3032 via mail, AOS bill received via email, paid online, Optin email sent.

07/18/12 - Optin accepted and new case number, AOS marked paid, emailed AOS packet.

07/24/12 - Assigned as Agent, IV Fee bill received via email, paid online.

07/25/12 - IV Fee marked paid, emailed IV packet.

07/31/12 - Emailed GZO Supplemental Packet 3.

08/02/12 - Case completed and commenced final review.

08/03/12 - Shipped all copies of forms/letters/documents to my wife - arriving on 8/9/12.

08/06/12 - Case completed final review.

08/09/12 - Appointment letter received via email interview date set 9/6/12.

08/14/12 - Medical exam done.

08/15/12 - Medical exam results all normal.

09/06/12 - Submitted required documents at the embassy and interview set next day at 0730.

09/07/12 - Visa approved, click here for review http://www.visajourney.com/reviews/view-dos-cis-reviews.php?entry=10401 .

09/14/12 - Visa received on hand!

10/07/12 - Arrived at NYC! click here for review http://www.visajourney.com/reviews/view-poe-reviews.php?entry=15293

10/20/12 - Received welcome letter from USCIS.

10/25/12 - Green Card received!

"Nothing is more difficult than the art of maneuvering for advantageous positions." - Sun-Tzu

04/27/13 - Submitted DS-160 online for parent-in-laws and sister-in-law.

05/01/13 - Paid DS-160 or MRV Fee Payments on CGI Stanley.

05/03/13 - Made appointment for 05/16/13 on CGI Stanley.

05/16/13 - Arrived at GUZ and impromptu notice on the front it was closed.

05/30/13 - B2 visa interview passed! Read review here http://www.visajourney.com/forums/topic/433263-b2-visa-was-approved-for-parentinlaw/ <p>

"Good ideas are not adopted automatically. They must be driven into practice with courageous patience." - ADM Hyman G. Rickover

08/08/14 - Mailed I-175 application.

08/11/14 - I-175 arrived at VSC.

08/18/14 - Received NOA1 with date 08/12/14.

08/27/14 - Received biometrics appointment for 09/09/14.

02/27/15 - GC in production from email notification.

03/02/15 - Received NOA2 with approval dated 02/25/15.

 
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