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sara82

PLEASE HELP , I NEED HELP

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Filed: Timeline

Sara,

The best thing you could do is to get the restraining order than you can stay in the house without him there until you figure out what to do.

Jon

beleie me this is the best solution, but my family they will be veryyyy sad if they know i did something like that , they love him, they still don't know whats happened, except my sister she cray all time, blaming me because i called the police, we are musulmane conservative, no body like whats is happening,

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Filed: Timeline

Sara, you are a Permanent Resident of the US and San Diego. It's extremely hard to balance your traditions and your new and future realities, once you're involved in violence known to public and authorities. You can't initiate a felony charge (which you rightfully did with an emergency phone call), and then withdraw your co-operation. Prosecution can't do their job without your signed agreement to testify. If they have that from you, then they can force him into therapy. Remember: best outcome is him being forced into accepting plea bargain - probation, therapy in exchange for no jail time. You must work diligently with prosecution to achieve that. And apply for pro-bono divorce attorney immediately

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Sara, read this San Diego website.

It has all the information you need.

http://www.sdcourt.ca.gov/portal/page?_pageid=55,1524115&_dad=portal&_schema=PORTAL

Please don't blame yourself for what happen.

Done with K1, AOS and ROC

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Filed: Country: Philippines
Timeline

He has little other option other than to make nice with you with a felony DV charge hanging over his head -- when you're looking at spending up to 4 years in a California state prison, that has a way of adjusting one's attitude, even if only temporarily.

Sara, if he hires a lawyer it's a common strategy when a felony domestic violence charge is pending for the lawyer to send one of its investigators to your house or try to arrange an interview with you for the purpose of trying to get you to sign a sworn statement that you "misunderstood" the situation when you called the police or made a "false statement" when you were interviewed by the arresting officer.

Do not sign anything presented to you by his lawyer or an investigator working for the lawyer. Lawyers use that strategy (your sworn statement) to try to get a felony charge(s) dismissed, as leverage to get the prosecutor to offer a plea bargain to reduce the charge(s) to misdemeanor domestic violence, or to get the charge(s) changed to something simple like 'disturbing the peace.'

In the city and county of San Diego, there is a "No-drop domestic violence" prosecution policy, and the city attorney's office and the county district attorney are very aggressive about domestic violence charges. Even if you do not want him prosecuted, the city or the district will move forward with the prosecution without you -- based on the evidence alone -- they do not need your help if you are unwilling. However, what you say during your interview (along with the evidence and the arresting officer's statement) with the prosecutor's investigator will help determine how strong of a case they have against your husband.

Treating you badly from the start of your arrival/marriage, leading up this incident shows a pattern -- which does not look good in the eyes of the prosecutor. They want to break the cycle, that is why they often prosecute without the victims cooperation.

To be charged with felony domestic violence in California is a very serious charge -- he will not walk away from this without a conviction of some sort. The difference between a misdemeanor and a felony domestic violence conviction is a matter of the possible jail time and where it is served, all other punishment is the same. A misdemeanor domestic violence conviction is no small matter and certainly nothing to feel lucky about.

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Filed: Citizen (apr) Country: Italy
Timeline

Get yourself some time and space to think... You cannot do that bing in the sme house as him. Call the number, they will get you a place to sleep and counselors to help you sort out the conflicted feelings. But get away and some time to yourself... Do NOT stay in the same home... Call the numbers and ask for help,with a place to stay... They will help you..

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Filed: Timeline

Sara, you are a Permanent Resident of the US and San Diego. It's extremely hard to balance your traditions and your new and future realities, once you're involved in violence known to public and authorities. You can't initiate a felony charge (which you rightfully did with an emergency phone call), and then withdraw your co-operation. Prosecution can't do their job without your signed agreement to testify. If they have that from you, then they can force him into therapy. Remember: best outcome is him being forced into accepting plea bargain - probation, therapy in exchange for no jail time. You must work diligently with prosecution to achieve that. And apply for pro-bono divorce attorney immediately

i don't want to think about the divorce right now, im thinking how i will be far from him right now , before the court ,

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I don't know why certain people insist on muddying the waters for this woman with "extra advice" and advice she doesn't understand. There is a language barrier here and this woman has been given the proper support and help by people who speak her language. Talking to her in terms of US law and procedures is not helping matters.

Good job Mimolicious!

Edited by Teddy B
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Filed: Timeline

He has little other option other than to make nice with you with a felony DV charge hanging over his head -- when you're looking at spending up to 4 years in a California state prison, that has a way of adjusting one's attitude, even if only temporarily.

Sara, if he hires a lawyer it's a common strategy when a felony domestic violence charge is pending for the lawyer to send one of its investigators to your house or try to arrange an interview with you for the purpose of trying to get you to sign a sworn statement that you "misunderstood" the situation when you called the police or made a "false statement" when you were interviewed by the arresting officer.

Do not sign anything presented to you by his lawyer or an investigator working for the lawyer. Lawyers use that strategy (your sworn statement) to try to get a felony charge(s) dismissed, as leverage to get the prosecutor to offer a plea bargain to reduce the charge(s) to misdemeanor domestic violence, or to get the charge(s) changed to something simple like 'disturbing the peace.'

In the city and county of San Diego, there is a "No-drop domestic violence" prosecution policy, and the city attorney's office and the county district attorney are very aggressive about domestic violence charges. Even if you do not want him prosecuted, the city or the district will move forward with the prosecution without you -- based on the evidence alone -- they do not need your help if you are unwilling. However, what you say during your interview (along with the evidence and the arresting officer's statement) with the prosecutor's investigator will help determine how strong of a case they have against your husband.

Treating you badly from the start of your arrival/marriage, leading up this incident shows a pattern -- which does not look good in the eyes of the prosecutor. They want to break the cycle, that is why they often prosecute without the victims cooperation.

To be charged with felony domestic violence in California is a very serious charge -- he will not walk away from this without a conviction of some sort. The difference between a misdemeanor and a felony domestic violence conviction is a matter of the possible jail time and where it is served, all other punishment is the same. A misdemeanor domestic violence conviction is no small matter and certainly nothing to feel lucky about.

Thank you for the interesting information you gave me, i m not going to sign any paper , pls i told him yesterday im not going to the court if they don't want me, he told me , anybody can go, i think a lawyer talked to him , he is asking now for some kind of evidence that he is good person, i told him even if they want me , im not going to tell them i was lying , or something , i will tell them the truth and of course i forgive him, he told me it was just misunderstanding between us, so i know he knew different things now , especially one of his relative he works in another city as a detective police, he told me i will call , him to help , and he told me we will work together to move on this situation, but i don't feel comfortable , because i don't know what will happens,

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Filed: Timeline

Get yourself some time and space to think... You cannot do that bing in the sme house as him. Call the number, they will get you a place to sleep and counselors to help you sort out the conflicted feelings. But get away and some time to yourself... Do NOT stay in the same home... Call the numbers and ask for help,with a place to stay... They will help you..

yes this is exactly what i need

I don't know why certain people insist on muddying the waters for this woman with "extra advice" and advice she doesn't understand. There is a language barrier here and this woman has been given the proper support and help by people who speak her language. Talking to her in terms of US law and procedures is not helping matters.

Good job Mimolicious!

yes i'm lucky to have this support here , in different languages :yes:

don't be jealous

Edited by sara82
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Filed: Timeline

i have one question , and i really need a answer

if i stay at the house without requesting restraining order, and without going to the shelter, is this mean i'm not co- operating with the Prosecution? what i told the officer the first time is exactly what i will tell forever.

i'm going out right now, i hope i get answer on my phone, Thanks

(The husband ) is at his job

Edited by sara82
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Go ahead Sara , and try to call the Islamic C

04/11/2009 MARRIAGE (IR1 VISA)

10/06/2013 I-130 SENT

12/06/2013 NOA 1 Form I-797 . USCIS received

20/12/2013 NOA 2 Transfer notice, Texas Service Center

17/01/2014 I-130 Approved

29/01/2014 NVC received the case

21/03/2014 Receive AOS Fee Payment 88$

23/03/2014 Receive DS-261 Agent and Address

25/03/2014 AOS Fee Payment PAID 88$

28/03/2014 Received IV Bill 230$

31/03/2014 IV Bill PAID 230$

03/04/2014 DS-261 DONE , SENT

03/04/2014 Received Affidavit of Support

04/04/2014 DS-260 DONE , SENT

06/04/2014 Original and Supporting documents , DONE , SENT .

21/04/2014 Affidavit of Support , DONE , SENT

07/05/2014 NVC First CHECKLIST ( Passport first page)

15/05/2014 NVC Second CHECKLIST(Affidavit of support)

08/07/ 2014 CASE COMPLETE

14 /08 2014 Interview Date, delayed due to Gaza war

23/10/2014 Interview Date , Delayed due to late arrival of appointment letter

26/11/2014 Interview Date , Delayed due to no permit to reach embassy

04/12/2014 Interview Date , Delayed due to no permit to reach embassy

23/02/2015 Interview Date , DONE , WAITING VISA .

23/03/2015 VISA ISSUED

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Go ahead Sara , and try to call the Islamic Center in SD m they are interested in Muslims people , for sure they will help you immediately and telling you what to do in your problem .

Fernando .

04/11/2009 MARRIAGE (IR1 VISA)

10/06/2013 I-130 SENT

12/06/2013 NOA 1 Form I-797 . USCIS received

20/12/2013 NOA 2 Transfer notice, Texas Service Center

17/01/2014 I-130 Approved

29/01/2014 NVC received the case

21/03/2014 Receive AOS Fee Payment 88$

23/03/2014 Receive DS-261 Agent and Address

25/03/2014 AOS Fee Payment PAID 88$

28/03/2014 Received IV Bill 230$

31/03/2014 IV Bill PAID 230$

03/04/2014 DS-261 DONE , SENT

03/04/2014 Received Affidavit of Support

04/04/2014 DS-260 DONE , SENT

06/04/2014 Original and Supporting documents , DONE , SENT .

21/04/2014 Affidavit of Support , DONE , SENT

07/05/2014 NVC First CHECKLIST ( Passport first page)

15/05/2014 NVC Second CHECKLIST(Affidavit of support)

08/07/ 2014 CASE COMPLETE

14 /08 2014 Interview Date, delayed due to Gaza war

23/10/2014 Interview Date , Delayed due to late arrival of appointment letter

26/11/2014 Interview Date , Delayed due to no permit to reach embassy

04/12/2014 Interview Date , Delayed due to no permit to reach embassy

23/02/2015 Interview Date , DONE , WAITING VISA .

23/03/2015 VISA ISSUED

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Filed: IR-1/CR-1 Visa Country: China
Timeline

i have one question , and i really need a answer

if i stay at the house without requesting restraining order, and without going to the shelter, is this mean i'm not co- operating with the Prosecution? what i told the officer the first time is exactly what i will tell forever.

i'm going out right now, i hope i get answer on my phone, Thanks

(The husband ) is at his job

Yes, that's exactly what it means.

It might be useful, if the prosecution is trying to build a case against him, and the only viable witness, you, is not co-operating,

then

the DA's office will try something else.. In the end, the case might be dropped, on court day, but is too many variables for what's what.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: Citizen (apr) Country: Morocco
Timeline

Yes, Sarah. Go to a shelter. It is not permanent, but can allow you the space to think, can get you opportunity to speak to counselors and sort things out for yourself. You don't tell him where you are going. It remains a secret. Although people don't like to call the police for these issues in Morocco, you have done the right thing for yourself. Continue to protect yourself. Don't worry about him now. I have been through this. You will do the right thing by going to a shelter in order to not have to deal with him. He will just try to convince you all is ok. Domestic Violence is a cycle. Now is the sweet-talking period.

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K1 Visa
Event Date
Service Center : Texas Service Center
Consulate : Morocco
I-129F Sent : 2011-03-07
I-129F NOA2 : 2011-07-08
Interview Date : 2011-11-01
Interview Result : Approved
Visa Received : 2011-11-03
US Entry : 2012-02-28
Marriage : 2012-03-05
AOS sent: 05/16/2012
AOS received USCIS: 5/23/2012
EAD Delivered: 8/3/2012
AOS Interview: 08/20/2012.
Green Card Received: 08/27/2012

ROC Form Sent 07/17/2014

ROC NOA 07/24/2014
ROC Biometrics Appt. 8/21/2014
ROC RFE 10/2014 Evidence sent 1/4/2014

ROC Approval Letter received 1/13/2015

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