Very complicated situation

[smferguson16 2]

I have no idea how this will be received here, I guess I'm looking for some advice.

I married my husband over two years ago. Applied for his green card, received the conditional residency. Anyways, he became extremely abusive. I mean like, breaking my nose, sexually assaulting me..abusive. I had him move out over a year ago when he broke my nose in front of our child. He had already had a girlfriend while he was still living with me. Anyways, he moved back to his home country with new girlfriend last July. Barely any contact with his son, no child support. Real winner I picked. His conditional green card ran out in April. I thought I was in the clear. He just returned for a surprise 'visit' 2 weeks ago. Although, I figured it was more than a visit, I was hoping not. Today he told me that he isn't leaving, and instead going to attempt to gain permanent residency using the expired conditional one, by writing a letter to the center while filing the divorce waiver (even though we're not divorced as I haven't been able to get him to sign papers for almost 6 months now). My question is, do they consult me at all about why he didn't file? I know it says extraordinary circumstances, but he doesn't have any. Just that he was living the life with his gf and now she has to come back here as she's a US citizen. I have police records, medical records, pictures of the abuse and mental treatment center stays for him, and destruction of property...Can I call someone and speak to them? I am worried he will make up a story and they won't check if it was true with me and then he'll get permanent residency. I have all the proof in the world. But I don't know if they even check with me to see what happened. He's currently in the states on a VWP. I'd appreciate any help or information you could give. Sorry if it's all thrown together. I'm pretty shaken up.

[Ontarkie 14,303]

~~Moved to Effects of Major Family Changes on Immigration Benefits from Removal of Conditions. - As similar threads are discussed here.~~

[Boiler 45,719]

If his GF is a USC that would be a more logical option.

His process has nothing to do with you.

[smferguson16 2]

I know, it would be a more logical option for him to do it with his gf. But he's using the green card obtained through our marriage. The expired conditional residency to try to now change it to permanent.

Sorry if I didn't make it clear.

He has an expired conditional residency through our marriage, which I am the sponsor. He has returned after a year to now try to remove the conditions on that to make it a permanent residency. He isn't interested in doing it by divorcing me and marrying her.

Edited June 15, 2015 by smferguson16

[Boiler 45,719]

I can see a number of hurdles to overcome, biggest in my mind is entering on the VWP after being out for a year.

Sounds like he needs the divorce whatever route he chooses.

[Anh map 2,098]

Make an Infopass appointment at your nearest USCIS office and tell your story. That's likely all that you can do.

[smferguson16 2]

I figured I couldn't do much. I guess I was preparing myself for the outcome.

[belinda63 3,039]

By using the VWP to enter the US he has essentially abandoned his green card. He entered as a visitor, not an LPR. Now I don't know the technicalities of all of it but combine that with his conditional card expired a year ago and he has not been living in the US and I would guess his chances of success are next to zero.

[smferguson16 2]

It expired this April 2015. He's been gone since June 2014. I was just wondering if they even check up on the story he tells them. Surely they wouldn't give a permanent residency to someone who has recorded evidence of domestic abuse and homicidal psychotic breaks. But I have no idea. Thanks.

[Boiler 45,719]

Criminal Conviction for DV I though would stop him using the VWP?

[smferguson16 2]

There isn't a conviction. Just police reports, hospital records, and photographic/audio/written evidence.

[Boiler 45,719]

There is a warrant out for his arrest?

[smferguson16 2]

No, I filed a report for the broken nose but there weren't charges filed as I was terrified of him. (obviously wish I would have now) Hospital records from that though. He had some other brushes with the police for mental illness that were reported too.

[marriedguy 34]

He might not get the greencard but he can come any time on VWP.

[CowBoE 429]

What a useless human being.

A man is supposed to protect his own family,

and certainly not become the biggest threat.

Normally, I would say, just divorce and move on,

but we don't need another violent mad man in the country.

I would send a detail letter with evidence (police, medical reports, pictures, etc.)

to USCIS...hopefully they will keep that tied to his file,

and would negatively impact his future immigration filings.

That said, be happy to get rid of this rotten man out of your life,

and look forward to a fresh start with a better man.