URGENT - Domestic Violence just now while pending approval

[LiveStrange 0]

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?

[Anh map 2,098]

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.

[LiveStrange 0]

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???

[VanessaTony 3,567]

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.

[LiveStrange 0]

Mhh... So I will wait... In the meanwhile I still don't where my daughter is.

[Sandra G. 5,075]

if you are filing ROC based in domestic violence YOU DON'T NEED divorce decree to submit I-751,but if you are filing based just in bonafide marriage then you need the divorce decree.

Sandra

Edited September 9, 2012 by sandranj

[LiveStrange 0]

So can I change my application at this point to Domestic Violence? I mean there is a police report on it... or would I have to start all over?

Edited September 9, 2012 by LiveStrange

[Harpa Timsah 13,258]

Just wait, there are more pressing things at the moment. Best of luck.

[LiveStrange 0]

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 September 9, 2012 by LiveStrange

[VanessaTony 3,567]

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 September 9, 2012 by Vanessa&Tony

[del-2-5-2014 1,339]

My heart bleeds for this innocent child.

[Sandra G. 5,075]

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 September 9, 2012 by sandranj

[M_&_R 77]

My heart bleeds for this innocent child.

If I didn't know where my baby was I'd be way too frantic to sit at a keyboard.

M

[quann 26]

If I didn't know where my baby was I'd be way too frantic to sit at a keyboard.

M

but she REALLY wants to know how it would affect her case, the daughter is probably fine

[unlockingsky 94]

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.