Staying in U.S.

[norrin 3]

This question is for an acquaintance of my wife's. A Ukrainian woman falls in love with a USC marries and moves with daughter to U.S. Husband changes and is totally controlling, doesn't want her to work, go out without him, have friends, call her family even speak anything other than English, calls her names and screams at her. She doesn't have the 2 yr conditional yet neither does her daughter, though they have filed they both have ead's but she is not allowed to work daughter is now 18 yrs old. Doesn't want a divorce but fears it's leading to that. Counseling is out if the question he won't allow it. What could she do to stay in the U.S. With her daughter if she files for divorce. She lives in Texas btw (community property no fault state) of course the husband is telling her lies and threatening to send her back to the Ukraine without her daughter if she steps "out of line". I say wait for the3 yrs file for citizenship then leave but my Natasha says she thinks this woman won't be able to hold out that long.

[Schlaire 2]

Do you mean that she has her CR-1 Conditional Residence, but doesn't have restrictions removed after two years?

Do you mean that she doesn't have a green card at all?

Makes a difference in terms of the length of the process, but either way, she needs to get out of the bad situation.

Assuming she has her green card, the USCIS folks should have given her a sheet when she received it. On that sheet, it explains that victims of domestic abuse who otherwise immigrated in good faith don't lose their green card just because they get out of abusive situations.

http://www.uscis.gov/humanitarian/battered-spouse-children-parents

See the link above. It also explains that she can file for herself even without her husband's consent or knowledge.

Praying for the best.

[dwheels76 5,468]

This question is for an acquaintance of my wife's. A Ukrainian woman falls in love with a USC marries and moves with daughter to U.S. Husband changes and is totally controlling, doesn't want her to work, go out without him, have friends, call her family even speak anything other than English, calls her names and screams at her. She doesn't have the 2 yr conditional yet neither does her daughter, though they have filed they both have ead's but she is not allowed to work daughter is now 18 yrs old. Doesn't want a divorce but fears it's leading to that. Counseling is out if the question he won't allow it. What could she do to stay in the U.S. With her daughter if she files for divorce. She lives in Texas btw (community property no fault state) of course the husband is telling her lies and threatening to send her back to the Ukraine without her daughter if she steps "out of line". I say wait for the3 yrs file for citizenship then leave but my Natasha says she thinks this woman won't be able to hold out that long.

Well you say they did file the AOS so she is waiting on that? How long ago they file? Yes she monitoring her case online and seeing whats up?

The 3 year clock is from when they become a LPR. She isn't one yet. And the rate they are approving AOS goodness its been like a year for many.

She needs to stay on top of her petition so when that card is issued he doesn't intercept it or hide it.

She should also check in her community a group or organization of people from her country or that deals with immigrants for help and advice. Even seek a attorney consult.

If she can't wait she can always go to a womans shelter if she feels her or her daughter are not safe.

[Darnell 8,479]

smells like a K-1 or a tourist visa, hitting a POE,

as CR-1 visa holders don't need any EAD. I'm leaning towards tourist visa, with the big AOS filed, as a K-2 isn't eligible for EAD.

As to their situation - it's difficult, yes? To balance marital problems against immigration status. Smells of human trafficking, slavery of a sort, and that's an arrestable offense in the USA.

[JohnR! 5,495]

If you want to help, have your wife take her to see an immigration lawyer and get some legal advice. Without knowing all the details of her status in the US it will be difficult for anyone to make a call.

Good luck!