Husband kicked me out:-(

[shin shin 3]

Got my conditional green card few weeks ago married for less than a year my husband not really treating me right I guess he's seeing his ex wife again.very controlling,very jealous,hes not supporting me at all dont have a job dont have a car..last Thursday he got home from work and really mad grabbed the router and disconnected my internet punched my laptop while talking to my family back home and i was scared and he said I have to move out right away and said if im not gonna move out he'll make it harder for me i dont know what he meant by that so that night i packed all my stuff in trash bags asked my friend to pick me out..

I dont have family here too....

were living in military housing...the next day i went to the base and make a report of what he did to me

then the next day i went to Jag lawyer they all said I have the right to stay at the house because were still married...

he's been telling me he already filed the divorce but his commander said he just filed it last monday...

right now I am overwhelmed of all whats goin on in my life..going to therapy right now recommend to take anti depressant and anti anxiety meds...

my husbnad also sent messages to my sister thet he reported me to the immigration and said i can be deported is that true??

I have plan to visit my family back home to gain more strenght from them for the long battle i have to go through..

Do you think i will have any problem coming back in the U.S??

[Darnell 8,478]

once you have your green card, you cannot be deported....

[shin shin 3]

once you have your green card, you cannot be deported....

but its only conditional and a short marriage..I'm just scared I cannot do the waiver and if I'll visit my family back home i cannot return anymore....

[shin shin 3]

any more input??

[rlogan 2,036]

any more input??

You can apply for removal of conditions yourself. You do not have to stay married to him. You will need to show you entered the marriage in good faith.

The more immediate concern is your safety, health, and welfare. You can leave with the green card but you also have to stay on top of whatever is going on with the divorce.

[Caryh 5,206]

any more input??

The green card is all you need at this point to leave and return to the USA. No he can't get you deported. He would have to give evidence of fraud to ICE, and they would have to make a case and prove fraud. When your divorce is final, you can remove conditions on your own, no need to wait for the two years. Forget his threats of getting you deported, you can see in this forum many angry USC who want to get their foreign born spouse deported when the marriage ends, it just doesn't happen without overwhelming evidence of fraud.

[jaycali 415]

Agree with above posters. Unless he can somehow prove that you tricked him into a marriage of convenience, he can't "get you deported" just like that. You can file for removal of conditions on your own with a divorce waiver. You'll need to prove that your marriage was entered into in good faith. You can file for ROC with a divorce waiver as soon as the divorce is final.

[shin shin 3]

You can apply for removal of conditions yourself. You do not have to stay married to him. You will need to show you entered the marriage in good faith.

The more immediate concern is your safety, health, and welfare. You can leave with the green card but you also have to stay on top of whatever is going on with the divorce.

His CO told me last Wed he will send me the paperwork of the divorce I asked him to mail it to me but he promised me he will not let my husband know where I'm staying at..as of today I haven't received anything yet...

I have all the proof of our marriage in good faith and he's the one who wanna get out of the marriage and not me...going through marriage counseling but he don't wanna go with me but Im still going....

[shin shin 3]

The green card is all you need at this point to leave and return to the USA. No he can't get you deported. He would have to give evidence of fraud to ICE, and they would have to make a case and prove fraud. When your divorce is final, you can remove conditions on your own, no need to wait for the two years. Forget his threats of getting you deported, you can see in this forum many angry USC who want to get their foreign born spouse deported when the marriage ends, it just doesn't happen without overwhelming evidence of fraud.

I am 100% sure that he dont have any evidences that Im fraud he sent message to my sister through Facebook that he called the immigration told them that I only want Greencard but he did that after i made the report to Military police i know thats his way of revenge....

The thing is I am overwhelmed about all whats goin on right now I wanna see my family first back home for weeks my concern is I'm scared that they will not let return to US or hold at the airport for such accusation without any proof....

[shin shin 3]

Agree with above posters. Unless he can somehow prove that you tricked him into a marriage of convenience, he can't "get you deported" just like that. You can file for removal of conditions on your own with a divorce waiver. You'll need to prove that your marriage was entered into in good faith. You can file for ROC with a divorce waiver as soon as the divorce is final.

I am sure about that we enter in good faith of marriage....so I can file waiver based on abuse i think??

when the time comes i have the final decree of divorce thats the time I have to ask for all the report I made at militray police and jag lawyer right???

[jaycali 415]

I am sure about that we enter in good faith of marriage....so I can file waiver based on abuse i think??when the time comes i have the final decree of divorce thats the time I have to ask for all the report I made at militray police and jag lawyer right???

You can file an abuse waiver, sure, but why would you? Unless you have evidence of this abuse it likely won't be approved. You can file a waiver based on divorce - That limits your burden of proof to proving the marriage was entered into in good faith.

[Caryh 5,206]

Then you have absolutely no worries then. Go visit your family and return. No one is going to deny you entry on your return unless you stay out of the country too long. Make sure you establish a new residence before leaving. He can complain all he wants saying you only wanted a green card, but USCIS and ICE are not going to listen to him unless he can produce a lot of evidence. They get those type of calls all the time when a marriage fails and immigration is involved, so don't worry about it. Heck even people who have tons of evidence of fraud on an immigrant spouse, rarely see that evidence used for removal. It is very common in divorce for people to blame it all on their spouse and want revenge. If that spouse in an immigrant, trying to get them kicked out of the country is the first thing they think of, but it rarely happens. Which is why people are constantly telling those who ask how to get their soon to be ex-spouse kicked out of the country, to forget about and just divorce and move on with their lives. I personally don't like divorce, and wish people would work more on saving their marriage than giving up on it. But that takes two people, and it only one is willing to work on the marriage, its not going to work out. And anyone getting married in a cross culture relationship had better expect there is going to be work to do, and most likely a lot of it.

I am 100% sure that he dont have any evidences that Im fraud he sent message to my sister through Facebook that he called the immigration told them that I only want Greencard but he did that after i made the report to Military police i know thats his way of revenge....

The thing is I am overwhelmed about all whats goin on right now I wanna see my family first back home for weeks my concern is I'm scared that they will not let return to US or hold at the airport for such accusation without any proof....

[shin shin 3]

You can file an abuse waiver, sure, but why would you? Unless you have evidence of this abuse it likely won't be approved. You can file a waiver based on divorce - That limits your burden of proof to proving the marriage was entered into in good faith.

Oh so waiver based on divorce is different from waiver based on abused???

which route i have to take??? i have the evidences of emotionally and financially abusing me...but not pysical

Edited November 27, 2012 by shin shin

[jaycali 415]

Oh so waiver based on divorce is different from waiver based on abused??? which route i have to take??? i have the evidences of emotionally and financially abusing me...but not pysical

"Financial abuse" is not going to fly. Especially given that you're married. Emotional abuse is another very difficult one to prove.

And yes. While the waiver itself is the same form, you can file the I-751 waiver on grounds of either abuse, or on divorce. You have a very legitimate reason to want a divorce, while proving abuse here is going to be difficult unless you have hard evidence, a restraining order and the like.

The bottom line is, divorce is a valid reason to file for ROC on your own. If you entered into the marriage in good faith and can show an immigration officer this beyond reasonable speculation, you'll probably be fine.

Edited November 27, 2012 by Jay Jay

[rlogan 2,036]

His CO told me last Wed he will send me the paperwork of the divorce I asked him to mail it to me but he promised me he will not let my husband know where I'm staying at..as of today I haven't received anything yet...

I have all the proof of our marriage in good faith and he's the one who wanna get out of the marriage and not me...going through marriage counseling but he don't wanna go with me but Im still going....

That's very good with the counseling because it again adds merit to the "marriage in good faith" claim. There's no reason to make a VAWA (abuse) claim. When the divorce goes through you are allowed to petition on your own.