Divorce or seperation before becoming Permanent resident for someone with K1 temporary green card?

[David & Diana R 1,005]

Hi guys ,With a very heavy heart and continuous tears I want to know what happens if your spouse wants to divorce or leave a person who came to the US on a k1 visa and got a temporary green card? What becomes of that immigrant spouse? Does he/she have to move back to the country they came from? or there is still a way to seek permanent residence here without the green card being temporary? I came to the US in Nov 2011 and got my temporary green card in September 2012. This gc will expire in September 2014. Me and my husband are having very difficult problems. After moving here I cam to find out that he is a heavy marijuana smoker, and painkiller abuser. He had told me that he had merely "tried" marijuana and will never do it again, before, I arrived here. So i Trusted him, however the real problem emerged with the financial situation we are in. Money is tight and he spends it all on getting high and does not refrain from physically and emotionally abusing me over it. He has choked me to the point where I started to feel that im passing out and pushing and shoving is very common. I never thought this could happen as he was the sweetest person i ever knew and I knew him since we were both 16 yrs old and got married at 25. At this point, I don't know what to do as he threatens to leave and divorce almost every day. and today as soon as i Got home from work he pushed me off the chair, started throwing stuff around and started cursing at me and telling me he will kill me. He asked to transfer his half of the rent that he paid at the beginning of the month into his account and that he will leave tomorrow and go to a nearby city where he has some family members. I've never asked for help on a public forum but I really dont know what to do? I recently got into a graduate program at the local university and i start classes in september. I don't want this bad relationship to ruin my whole life. I wanto to be able to atleast work, study and move on even if this relationship wont work. I need you guys to share if there are any options out othere for people like me to still continue their naturalization process. Thank you

First and foremost I am sorry this is happening to you. I am a state domestic violence investigator. There are federal laws that protect YOU. If I was in your situation this is what I WOULD DO. I would contact an organization that could help me. I would get away from this guy/abuser as SOON AS POSSIBLE. File Police reports for abuse. If you had difficulty breathing when he strangled, not choked you, this is a felony in my state and I'm pretty sure also yours. The correct term is strangled. You did not choke on a fish bone, he strangled you...there's a big difference there. I would get to a safe place, such as a womans shelter to protect myself. I can't tell you what to do but I would do these things immediately then worry about the visa later. This guy sounds very dangerous, you need to protect yourself first. It sounds like you might qualify for a U-Visa but you will have to check on that. First get to a safe place. Get a safety plan in place then worry about the visa process. Good luck and God bless.

Aloha Ke Akua

[David & Diana R 1,005]

I know many people on drugs in the USA and treating or acting really bad to their family members. You must have already tried telling him to stop what he is doing..try to involve family from his side and yours if that doesnt works..call 911 next time he abuses you in any way..? have him arrest in detention for a while then you will have a choice of bringing him out as well ..then bail him out and give him RED and final warning to be on the right path if he still continues to abuse "life" you are free to leave him at any point ..i do know personally a similar case like yours..she tried the same thing as i am suggesting and the guy is lot better now..occasionally old drug symptoms does emerge but you can say 90% that guys is now recovered as after arrest they also mandatory prescribed drug classes to him. Wish you all the best ..and be strong

I'm sorry but I strongly disagree with you on this. What you are giving is in my humble opinion very dangerous advice. The guy she describes sounds very dangerous at this point. He has "STRANGLED HER" at least once she reports where she felt as if she was fgoint to pass out. This can cause lasting effects and of course even death. This person is DANGEROUS. Her having him arrested and put into "detention" and then bailing him out is a BIG MISTAKE. That reinforces that he has the power, not her. That she can't live without him. Giving him a red warning...very dangerous. I would never recommend this to any victim of abuse.

Edited August 12, 2013 by David & Zoila

[AroojandAmin 7]

First and foremost I am sorry this is happening to you. I am a state domestic violence investigator. There are federal laws that protect YOU. If I was in your situation this is what I WOULD DO. I would contact an organization that could help me. I would get away from this guy/abuser as SOON AS POSSIBLE. File Police reports for abuse. If you had difficulty breathing when he strangled, not choked you, this is a felony in my state and I'm pretty sure also yours. The correct term is strangled. You did not choke on a fish bone, he strangled you...there's a big difference there. I would get to a safe place, such as a womans shelter to protect myself. I can't tell you what to do but I would do these things immediately then worry about the visa later. This guy sounds very dangerous, you need to protect yourself first. It sounds like you might qualify for a U-Visa but you will have to check on that. First get to a safe place. Get a safety plan in place then worry about the visa process. Good luck and God bless.

Aloha Ke Akua

Thank you for your response. My apologies on using the word incorrectly i did mean strangled. One time I called the domestic abuse helpline and explained my situation. I have since moved to a different city and will look up some DV resources here.

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

I'm sorry but I strongly disagree with you on this. What you are giving is in my humble opinion very dangerous advice. The guy she describes sounds very dangerous at this point. He has "STRANGLED HER" at least once she reports where she felt as if she was fgoint to pass out. This can cause lasting effects and of course even death. This person is DANGEROUS. Her having him arrested and put into "detention" and then bailing him out is a BIG MISTAKE. That reinforces that he has the power, not her. That she can't live without him. Giving him a red warning...very dangerous. I would never recommend this to any victim of abuse.

I couldn't agree more.

[David & Diana R 1,005]

Thank you for your response. My apologies on using the word incorrectly i did mean strangled. One time I called the domestic abuse helpline and explained my situation. I have since moved to a different city and will look up some DV resources here.

No need to apologize. I apologize if it sounded like I was scolding you for using the wrong word. I just wanted to make sure you would have the correct word to use in the future. When reporting these types of incidents it is important to use the correct word. I feel better knowing that you have moved. I hope he does know where you are or how to find you. If he gave you a phone make sure he is not tracking you with a GPS application. Again I apologize, I did not mean to make it sound as if I was scolding you. God Speed

Aloha Ke Akua

[David & Diana R 1,005]

Thank you for your support guys.He says he is moving out today and says its the last i'll see of him. I have a couple of pictures when he tried to choke me and it left some bruise marks on my neck but i dont have any proper evidence of his marijuana use. How would one go about proving proof that he smokes marijuana? i dont know if he's coming back or not. In the past , he's walked out on me many times but would come back looking like a fool. but I'm not sure about this time as he has some family where he is going and they will encourage him to leave me. His medical records do show that he was referred to a psychologist and was taking mood stabilizing drug , resperidone, which he has stopped taking since a year ago. His doctor also did a drug test where it came out positive. But I dont have access to his medical records as they are through the VA. However, i still need to know what i have to do to file on my own. I dont have any police reports as I was always too scared to call the cops because many times he would threaten to kill me and then kill himself. This man is seriously sick. I have no friends and family who would help me or be there for support. I need someone to please help me get information on how i can file for "removal of conditions" on my own. thanks

One more thing. You can contact the police and file felony abuse reports with them. You can provide evidence with the photos you have. Generally the Police are required to take abuse complaints and to follow up on them. You don't have to call the Police within minutes, hours or days ofd the incident. You can report montsh, sometimes years after the incident. You have photos. Have any of your friends seen bruises on you? Have you called a close friend or friends following an incident of abuse? This is all evidence that can be given to the police. Have any friends, family member or neighbors seen him abusing you? One thing I would recommend. If you do report the incidents, however many just be sure you keep copis of any evidence you turn over to Police for your own records. Contact a group that can assisit you in filing for an Order Of Protection, etc.

Aloha Ke Akua

[AroojandAmin 7]

No need to apologize. I apologize if it sounded like I was scolding you for using the wrong word. I just wanted to make sure you would have the correct word to use in the future. When reporting these types of incidents it is important to use the correct word. I feel better knowing that you have moved. I hope he does know where you are or how to find you. If he gave you a phone make sure he is not tracking you with a GPS application. Again I apologize, I did not mean to make it sound as if I was scolding you. God Speed

Aloha Ke Akua

yeah i know its important to use the correct term thank you for correcting me. About moving, i did not mean i moved by myself, we both relocated so atm he knows where i am and my cell number. I have also mentioned this to his father and his step mother and they have promised me their support as well. I will try to keep all evidences in order and will keep it updated here. thanks

[aamirpearl 47]

Hi guys ,With a very heavy heart and continuous tears I want to know what happens if your spouse wants to divorce or leave a person who came to the US on a k1 visa and got a temporary green card? What becomes of that immigrant spouse? Does he/she have to move back to the country they came from? or there is still a way to seek permanent residence here without the green card being temporary? I came to the US in Nov 2011 and got my temporary green card in September 2012. This gc will expire in September 2014. Me and my husband are having very difficult problems. After moving here I cam to find out that he is a heavy marijuana smoker, and painkiller abuser. He had told me that he had merely "tried" marijuana and will never do it again, before, I arrived here. So i Trusted him, however the real problem emerged with the financial situation we are in. Money is tight and he spends it all on getting high and does not refrain from physically and emotionally abusing me over it. He has choked me to the point where I started to feel that im passing out and pushing and shoving is very common. I never thought this could happen as he was the sweetest person i ever knew and I knew him since we were both 16 yrs old and got married at 25. At this point, I don't know what to do as he threatens to leave and divorce almost every day. and today as soon as i Got home from work he pushed me off the chair, started throwing stuff around and started cursing at me and telling me he will kill me. He asked to transfer his half of the rent that he paid at the beginning of the month into his account and that he will leave tomorrow and go to a nearby city where he has some family members. I've never asked for help on a public forum but I really dont know what to do? I recently got into a graduate program at the local university and i start classes in september. I don't want this bad relationship to ruin my whole life. I wanto to be able to atleast work, study and move on even if this relationship wont work. I need you guys to share if there are any options out othere for people like me to still continue their naturalization process. Thank you

salam, Iam so sorry for what you are going through.. well i'll sugest you to read this

Immigrants are particularly vulnerable because many may not speak English, are often separated from family and friends, and may not understand the laws of the United States. For these reasons, immigrants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships.

This fact sheet will explain domestic violence and inform you of your legal rights in the United States. Also, this fact sheet provides the same information as the pamphlet titled, “Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa.” The International Marriage Broker Regulation Act (IMBRA) requires that the U.S. government provide foreign fiancé(e)s and spouses immigrating to the United States information about their legal rights as well as criminal or domestic violence histories of their U.S. citizen fiancé(e)s and spouses. One of IMBRA’s goals is to provide accurate information to immigrating fiancé(e)s and spouses about the immigration process and how to access help if their relationship becomes abusive

Q1. What is domestic violence?

A1. Domestic violence is a pattern of behavior when one intimate partner or spouse threatens or abuses the other partner. Abuse may include physical harm, forced sexual relations, emotional manipulation (including isolation or intimidation), and economic and/or immigration-related threats. While most recorded incidents of domestic violence involve men abusing women or children, men can also be victims of domestic violence.Domestic violence may include sexual assault, child abuse and other violent crimes. Sexual assault is any type of sexual activity that you do not agree to, even with your spouse, and can be committed by anyone. Child abuse includes: physical abuse (any injury that does not happen by accident, including excessive punishment), physical neglect (failure to provide food, shelter, medical care or supervision), sexual abuse, and emotional abuse (threats, withholding love, support or guidance).Under all circumstances, domestic violence, sexual assault and child abuse are illegal in the United States. All people in the United States (regardless of race, color, religion, sex, age, ethnicity, national origin or immigration status) are guaranteed protection from abuse under the law. Any victim of domestic violence – regardless of immigration or citizenship status – can seek help. An immigrant victim of domestic violence may also be eligible for immigration related protections.

If you are experiencing domestic violence in your home, you are not alone. This fact sheet is intended to help you understand U.S. laws and know how to get help if you need it.

Q2. What are the legal rights for victims of domestic violence in the United States?

A2. All people in the United States, regardless of immigration or citizenship status, are guaranteed basic protections under both civil and criminal law. Laws governing families provide you with:

• The right to obtain a protection order for you and your child(ren).
• The right to legal separation or divorce without the consent of your spouse.
• The right to share certain marital property. In cases of divorce, the court will divide any property or financial assets you and your spouse have together.
• The right to ask for custody of your child(ren) and financial support. Parents of children under the age of 21 often are required to pay child support for any child not living with them.

Consult a family lawyer who works with immigrants to discuss how any of these family law options may affect or assist you.Under U.S. law, any crime victim, regardless of immigration or citizenship status, can call the police for help or obtain a protection order. Call the police at 911 if you or your child(ren) are in danger. The police may arrest your fiancé(e), spouse, partner, or another person if they believe that person has committed a crime. You should tell the police about any abuse that has happened, even in the past, and show any injuries. Anyone, regardless of immigration or citizenship status, may report a crime.

Likewise, if you are a victim of domestic violence you can apply to a court for a protection order. A court-issued protection order or restraining order may tell your abuser not to call, contact or hurt you, your child(ren), or other family members. If your abuser violates the protection order, you can call the police. Applications for protection orders are available at most courthouses, police stations, women’s shelters and legal service offices.If your abuser accuses you of a crime, you have basic rights, regardless of your immigration or citizenship status, including: the right to talk to a lawyer; the right to not answer questions without a lawyer present; the right to speak in your defense. It is important to talk with both an immigration lawyer and a criminal lawyer.

Q3. What services are available to victims of domestic violence and sexual assault in the United States?

A3. In the United States, victims of crime, regardless of their immigration or citizenship status, can access help provided by government or non-governmental agencies, which may include counseling, interpreters, safety planning, emergency housing and even monetary assistance.

The national telephone numbers or “hotlines” listed below have operators trained to help victims 24-hours a day free of charge. Interpreters are available and these numbers can connect you with other free services for victims in your local area, including emergency housing, medical care, counseling and legal advice. If you cannot afford to pay a lawyer you may qualify for a free or low-cost legal aid program for immigrant crime or domestic violence victims.

National Domestic Violence Hotline

1-800-799-SAFE (1-800-799-7233)

1-800-787-3224 (TTY)

www.ndvh.org

The National Center for Victims of Crime

1-800-FYI-CALL (1-800-394-2255)

1-800-211-7996 (TTY)

www.ncvc.org

Note: These are organizations whose primary mission is safety and protection.

Q4. If I am a victim of domestic violence, sexual assault or other crime, what immigration options are available to me?

A4. There are three ways immigrants who become victims of domestic violence, sexual assault and some other specific crimes may apply for legal immigration status for themselves and their child(ren). A victim’s application is confidential and no one, including an abuser, crime perpetrator or family member, will be told that you applied.

• Self-petitions for legal status under the Violence Against Women Act (VAWA)
• Cancellation of removal under VAWA
• U-nonimmigrant status (crime victims)

Edited August 13, 2013 by @@mirpeArL

[aamirpearl 47]

I hope it'll help you, nd my prayers are with you. its really hard for a newly married to go through this kind of situation. divorce is jst killing, be strong n jst move on. God bless you

Edited August 13, 2013 by @@mirpeArL

[Sonly19 0]

Hello,

That is always a scary situation, and it's a nightmare for the person who is under a removal condition. The fear and the administrative issue can be very hard, and terrifying. I know how you feel.

First, you need to get yourself straight. Stay out of stress, get better, go out, talk and be surrounded by good people.

Second, you will have to fill the I-751 waiver three months before your card expires. Although, if your divorce is final, you do not have to wait. Furnish as much proof as possible such as common utility bills, lease apartment, health care, affidavit of your friends and family, pictures, and any other proof that will support that it wasn't a fraud... Otherwise, you can file the I-751 waiver for abuse, but that has to be your choice.

Of course, I would advise you to have the support and the assistance of a lawyer if you can, because the USCIS gets automatically suspicious about this. You will have an interview, and they might contact your ex (or Husband), the change will be 50/50 for him to be contacted.

The easiest your life will be, the better you will feel. And when you will fill the waiver, stay honest, tell always the truth, just proof that you're entered the marriage in good faith, and everything should be fine. Prepare yourself to the fact that the USCIS will be very suspicious. The process will be long and hard, but it will be worth it. Remember why you moved into the USA, and do not let that even to affect you. Stay strong and truthful.

I hope I helped, :-)

[Mela17 36]

OP, please follow David and Zoila's advice! Domestic violence is a very serious issue. PLEASE take care of yourself. Best of luck to you.

[Darnell 8,478]

Read the I-751 instructions. There is tells you how to remove conditions on your own. You need to show proof of a bona fide marriage and that you entered the marriage in good faith but ended up getting divorced. His pot smoking doesn't matter for this.

Yup. This ^^^^

If you wish, you can file for divorce.

Once the divorce is finalized, file the ROC set.

Once the ROC set is approved, that's a 10 year card.

[Caryh 5,206]

We definitely entered marriage in good faith. and I have the leases with our names, joint bank account, joint tax returns, bills on same address for electric and cable. I dont know if the divorce is going to be finalized by then. Because right now we will be living separate. But i'm relieved to know that i can file on my own.

Can anybody tell me what is VAWA i've seen people mention it in other threads but dont really get what it is besides something related to domestic abuse?

You're going to have to divorce if you want to keep your green card when ROC comes up. You'll be filing by yourself, which will require the divorce to be finalized before the issuing of the 10 year green card.

Look he's abusive and thats not going to change. Drugs do not make people abusive, there are plenty of people addicted to drugs that don't abuse anyone. But there are probably a higher percentage of abusive people also addicted to drugs or alcohol. Don't ever let an abuser get away with the excuse it was the drugs or alcohol that caused it. I've known people like this, and I can tell you they were abusive even before the drugs started, and they were still abusive when they got off drugs. Unfortunately most of these people will never accept their personal responsibility to actually do something to stop their abusive behavior. The same things that make them abuse others is also the thing that makes them place the blame on everyone but themselves, so they never really seek treatment to stop the abuse.

You need to do what's best for you right now, and that's to keep away from him, get your divorce, and get your 10 year green card. If he someday gets himself off drugs and then also deals with his abuse issues, then he might be safe to be around, but forget trying to save this guy, he can only save himself.