Filipina threw out by husban

[I AM NOT THAT GUY 5,715]

The comments of some of the posters here in this topic demonstrate why it is necessary to have a robust and functioning Violence Against Women Act. Third world immigrants are especially vulnerable to abuse from their spouses, as they usually don't have the means to survive without their spouses.

It is not a requirement to have a police report. Many victims are fearful of calling the police and this does not preclude them for filing a VAWA self-petition.

• Abused spouses must additionally prove that the marriage was entered into in good faith, that the abuse occurred during the marriage, and that the marriage is still valid or was terminated less than two years prior to self-petitioning.
• The abuse must have occurred in the United States, and the victim must have lived with the abuser.
• The self-petitioner must provide evidence of his/her “good moral character.” This usually refers to a review of the self-petitioners criminal record or other immigration transgressions. Certain arrests or transgressions may be waived if the self-petitioner can show such actions were connected to the abuse s/he suffered. Applicants should consult with legal counsel for a close review of any such arrests, convictions or transgressions.

http://icwclaw.org/services-available/violence-against-women-act-vawa/

[I AM NOT THAT GUY 5,715]

When her husband threw her out she have bruises, we took picture of it. She is convinced that she is not going to come back to her husband because she is afraid that he will continue abusing her. Her husband keep messaging her on facebook threatening that she have no right to stay her, without him knowing that her green card is approved. We don't give any details to him so that he wont bother her anymore.

She needs an attorney.

This link may help:

http://www.helpguide.org/mental/domestic_violence_abuse_help_treatment_prevention.htm

[sister4ever 0]

Thank you patriot

[sister4ever 0]

She has pics of bruises from the violent behaviors, multiple threats on her safety and continually threatening that she will get deported. This is not a disagreement or simple argument.

[David & Diana R 1,005]

When her husband threw her out she have bruises, we took picture of it. She is convinced that she is not going to come back to her husband because she is afraid that he will continue abusing her. Her husband keep messaging her on facebook threatening that she have no right to stay her, without him knowing that her green card is approved. We don't give any details to him so that he wont bother her anymore.

Wait, you're not the original poster here, are you? I am somewhat confused now. Sorry but do you have info that we have not been given by the original poster? It would be great if the original poster furnished more info so this thread could be kept better on track.

Aloha Ke Akua

[VanessaTony 3,567]

I am sorry how misinformed you are. He threatened his wife with deportation. That is verbal abuse. VAWA doesn't require a high burden of proof. The presumption lies with the victim.

He didn't threaten her. He told her what he was going to do after he kicked her out. Abuse would be if he used her immigration status against her... like "Do this or I'll cancel it" or constantly threatening to do it to keep her in line.

Either way, the OP has said it's been approved so it's all moot now.

[VanessaTony 3,567]

She has pics of bruises from the violent behaviors, multiple threats on her safety and continually threatening that she will get deported. This is not a disagreement or simple argument.

It's DOESN'T MATTER now because she has had her GC approved.

You said her GC has been approved. She needs to intercept it. I suggest filing a change of address online immediately. I also suggest she goes to the post office of her town and puts a hold on HER mail. This means they will hold it at the post office rather than delivering it to the residence.

If she doesn't intercept it she needs to make an INFOPASS asap and explain that he threw her out and stole her GC. Get an I-551 (GC) stamp in her passport and move on with her life.

Once the divorce is final she needs to file for ROC (or during the 90 days) whichever comes first.

Edited September 23, 2013 by VanessaTony

[I AM NOT THAT GUY 5,715]

Wait, you're not the original poster here, are you? I am somewhat confused now. Sorry but do you have info that we have not been given by the original poster? It would be great if the original poster furnished more info so this thread could be kept better on track.

Aloha Ke Akua

That is the original poster.

He didn't threaten her. He told her what he was going to do after he kicked her out. Abuse would be if he used her immigration status against her... like "Do this or I'll cancel it" or constantly threatening to do it to keep her in line.

Either way, the OP has said it's been approved so it's all moot now.

She still needs to see an attorney.

[VanessaTony 3,567]

She still needs to see an attorney.

Why? For what purpose? For the eventual divorce? She can't file if she plans on the divorce being recognised in PI so she'll need to wait until he does.

[RGinWA 816]

The threat of "deportation" coupled with the added unfamiliarity of the US justice system, immigration laws and general dysfunction that comes with a breakup IS abusive in my book. Especially if you add the possibility of a language barrier as well. I'd be frightened if I were in her place. Strange country, threats of deportation? Come on.

You can say yes technically it's not verbal abuse or physical abuse. But if you add all the factors together it makes a compelling case.

Keep in mind that the threat of deportation is actually bogus considering the husband cannot deport anyone. Yet I suppose she initially believed it.

[David & Diana R 1,005]

That is the original poster.

She still needs to see an attorney.

You are correct. I guess I looked at the wrong page.

Aloha Ke Akua

[I AM NOT THAT GUY 5,715]

Why? For what purpose? For the eventual divorce? She can't file if she plans on the divorce being recognised in PI so she'll need to wait until he does.

She has rights by virtue of being married to the abuser. Divorce does not release the USC spouse's obligation to the immigrant spouse, and depending upon the state, she could end up with a majority of the husband's assets. She does not want to go through this without competent counsel, which the husband will end up paying for as well. Besides, why does she care if the divorce is recognized in the Philippines?

Edited September 24, 2013 by The Patriot

[VanessaTony 3,567]

She has rights by virtue of being married to the abuser. Divorce not not release the USC spouse's obligation to the immigrant spouse, and depending upon the state, she could end up with a majority of the husband's assets. She does not want to go through this without competent counsel, which the husband will end up paying for as well. Besides, why does she care if the divorce is recognized in the Philippines?

Because she's a Filipina? It would matter to me that I may be considered a bigamist in my home country.

If your suggestion is for her to milk her husband then I suggest she see a catholic charity or any other charity to help her. He may not end up having to pay for the attorney, that doesn't always occur. Also due to the relatively short marriage she may not "end up" with anything. The I-864 obligation doesn't end but the obligation is between her sponsor and the US government, she is not a party to it.

As a woman I am always offended when the "take him for all he's worth" bullsh*t gets rolled out. She isn't "entitled" to it simply because they married, or because the marriage ended badly... Such negative thoughts are poisonous to a person.

Better that she get what she IS entitled to (her possessions and possibly some monetary assistance for a couple of months while she gets set up or a flight back to her home country if that's what she wants) and then she should simply move on with her life, let go of the anger and bitterness.

[David & Diana R 1,005]

Because she's a Filipina? It would matter to me that I may be considered a bigamist in my home country.

If your suggestion is for her to milk her husband then I suggest she see a catholic charity or any other charity to help her. He may not end up having to pay for the attorney, that doesn't always occur. Also due to the relatively short marriage she may not "end up" with anything. The I-864 obligation doesn't end but the obligation is between her sponsor and the US government, she is not a party to it.

As a woman I am always offended when the "take him for all he's worth" bullsh*t gets rolled out. She isn't "entitled" to it simply because they married, or because the marriage ended badly... Such negative thoughts are poisonous to a person.

Better that she get what she IS entitled to (her possessions and possibly some monetary assistance for a couple of months while she gets set up or a flight back to her home country if that's what she wants) and then she should simply move on with her life, let go of the anger and bitterness.

VanessaTony,

Thanks for this very insightful response. Yes, it appears that someone here is very bitter and just wants to see this guy get screwed, whether he deserves it or not. I agree, resentment will eat away at a person. I am a man so people might not take the same comments from me so I really appreciate your thoughts here. I wish both of these persons a good outcome.

Aloha Ke Akua

[Sveta & Ron 23]

also if they were married in good faith everything would work out could also be ground for the pi to stay if I recall correctly