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Filed: AOS (apr) Country: Vietnam
Timeline
Posted

Hi everybody,

I am a newbie and i am kind of confused about everything even i tried to read all of the thread.

I sent out my I360, I 765 and I 485 out last week and usps tracking said my package was delivered yesterday.

Actually, I have my own attorney but he just answers my call and my email when it's time to pay payments.

I don't know if my case is strong or not. Here is my story.

I first came to US in 2009 as F-1 student visa, i first met my abusive husband that year. We were just friend back then so I just have 1 picture of us together.

We have been friend since then. I was dating other guy and have my son with this guy in 2012.

My abusive husband, my ex boy friend, and I moved in together since 2011. We shared an apartment.

After i had my baby, my ex boy friend left me.

My family turned their back at me and my ex left me. I was depressed. My husband who lived in the same apartment seemed to understand and lifted me up at that time. You know that it is unacceptable for a Asian woman to have a child without marriage. So we started dating in 2012.

Until August 2013, he decided to leave to other state for his master. We still texted, called and Facetime.

January 2014, he came back and proposed me, we married Jan 06, 2014. Then he gone for his school.

He finally came back to me May 2014 and we rent a house together, had bank account together and everything like other husband and wife.

Living together for about 9 months, i recognized that he used me because i believed he proposed me on purpose. He came back in town in May 2014 and had no place to go, he needed somebody to support him financially. Of all the time living together, he never found a job or attempted to find one. He always blamed me that I never bought him computer or phone so he couldn't find a job. When i used my connection to get him a job interview he never showed up at the interview. So he never send me money for the bills, I have to pay all our bills by myself. I have Lupus and I am very sick but I cant never take one day off, I have to work to support my husband and my son. I work overtime a lot even I am very sick.

He is very smart, he never touch me or my son. He just told me "you should hit him with the belt" "Slap him".... He yelled at my son anytime that my son sang in the morning.

He started threatening me about being deported.

I always tell him that we need to file tax together by the end of January this year so we can file applicantion for my greencard. I also reminded him that my EAD card from my F-1 visa was going to expired by end of Feb 2015 so he should give me his W2 as soon as he had it.

Then just a few days before my EAD expired, he disappeared without saying anything. He left with all my valuable stuff like phone, tivi and laptop. He left through the window.

Then he tried to transfer all money from our share account to his personal account. That was all my money i just got from my paycheck. Luckily I stopped the transaction.

When he knew that I stopped the transaction, he blackmailed me and asked me for $1000.

I called my lawyer right away and stopped contact and ignored him.

Recently, I saw him posted on his Twitter some his pictures with other girls from Tinder app - the dating online app.

So I have our pictures since 2012-2014 since we started dating until we married.

Also have pictures since 2014 - he left after we married.

Also have pictures and messages that we contacted when he was in other state for his degree.

Also have share bank account, cars, lease contract....

I have the message that he blackmailed me and everything.

I am very worried about my case because my attorney didn't explain things for me.

Please tell me what i have to do next. Should I move out of the house? Should I divorce him now? What can I do to divorce him?

I am so scare that when he needs money, he will come back and blackmail me, or maybe he is going to kidnap my son or something like that.

Posted

Linh Luong, I am sorry to hear that you went thru an unpleasant marriage. I just wanted to clarify a few things that you posted. I'm Asian but I really can't relate to the point where " having a child with no marriage is not acceptable for Asian women" What asian country are you referring to? I'm disapointed with the fact of your generalization. There're a lot of women in where I am from are single mothers and very well respected because how succesfully raised their children regardless of their marital status.

Furthermore, what type of abuse you think you and your child suffered from, that VAWA would consider?

VAWA is not the way of obtaining a green card when men/women are failed by their US spouses' green card sponsorship in the first place. I hope you are not one of them who simply could not get along with her husband as well as not able to convince him to sponsor her green card.

Best of Luck

Filed: AOS (apr) Country: Vietnam
Timeline
Posted

Linh Luong, I am sorry to hear that you went thru an unpleasant marriage. I just wanted to clarify a few things that you posted. I'm Asian but I really can't relate to the point where " having a child with no marriage is not acceptable for Asian women" What asian country are you referring to? I'm disapointed with the fact of your generalization. There're a lot of women in where I am from are single mothers and very well respected because how succesfully raised their children regardless of their marital status.

Furthermore, what type of abuse you think you and your child suffered from, that VAWA would consider?

VAWA is not the way of obtaining a green card when men/women are failed by their US spouses' green card sponsorship in the first place. I hope you are not one of them who simply could not get along with her husband as well as not able to convince him to sponsor her green card.

Best of Luck

Thank you leilabird for your fast reply.

I am from Vietnam. My family was old school type and they turned their back at me when they knew that I had a baby on the way. They thought that I humiliated them. My ex boy friend left me because he was at school and couldn't afford to have a baby. I felt really depressed and lonely at that time.

I think my case is financial and metal abuse.

I am very sad, disappointed and feeling blue right now. My husband had been dating someone else and blackmailed me, trying to take advantage of me.

I just want to work legally to raise my son.

I don't know what i should do next.

Filed: Other Country: Brazil
Timeline
Posted (edited)

Linh Luong because you did not mention any abuse here then it's impossible to say if you have a VAWA case. You described here just marital conflicts,and an unpleasant marriage, but not abuse. He is still married and dating someone this is not abuse.

Financial abuse is not just telling USCIS that he never worked and asked you to pay the bills. Financial abuse is characterized by a pattern of coercive behavior such as the husband/wife managing all bank accounts alone, controlling all decisions of how the money should be spent. Forcing the wife/husband to ask permission to use her/ his own money.Demanding the person gives to him/her all work payment,having reckless debts on credit card use and ruining your credit, forbidding the spouse to work etc..

Edited by sandranj
Filed: AOS (apr) Country: Vietnam
Timeline
Posted

Thank you Sandra for your information.

I have questions. He threatened me of being deported and blackmailed me. Are there considered abuse?

Now he is gone, What can I do about my case? I can't go home where my family doesn't love me no more, I can't stay here illegal.

If you have any idea, please tell me.

Do you think my lawyer trick me, tell me to apply for vawa case to take my money?

Filed: Other Country: Brazil
Timeline
Posted

ling luong threats of deportation is not abuse. We use to describe some threats when the alien has a child with the abuser and the threats of deportation causes suffering to the victim regarding the possibility to be separated from the child.

I prefer not to voice my opinion about your attorney.

You did not mention circumstances of abuse, then probably you don't have a VAWA case.USCIS will take in consideration that your family does not love you anymore because you had a child without being married. Vawa is about to prove abuse and bona fide marriage.

 
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