Very complicated situation

[Darnell 8,478]

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.

I've not read any of the responses here, but here's my 3 nickles worth.

you can write up letters of attestation about this abuse, showing copies of the records you mention,

and get into the local USCIS office via an infopass appointment.

See https://infopass.uscis.gov - and no, it doesn't matter what the reason is from that web site, just get the next available appointment.

Once you are inside, and talking with a human, ask to speak to the floor supervisor.

Once you have the floor supervisor, ask to speak with the FDNS officer. Be prepared to wait.

Once you are in front of the FDNS officer, tell the FDNS officer that you wish to open up a casefile concerning fraud and abuse. Show the officer the stuff you have. If the officer thinks your stuff merits further investigation, an investigation will be performed. If the facts revealed during the investigation are sufficient, then the results of the investigation along with a tag of 'hold for deportation' will be added to his A-File.

So, when/if he passes through another immigration control point, or shows up for an interview with USCIS - he will be passed over to ICE, detained, and deported [if'n that tag exists]

It's a long slog. You can't expect immediate results. IF he's been arrested as a result of the police reports, that's a plus...

[smferguson16 2]

Thank you everyone. I guess I will just send what I have, speak with my lawyer and just hope for the best.

[Darnell 8,478]

send? using the process I've described, it's a physical hand-over,

from your hand to the FDNS officer's hand.

[is63 7]

As mentioned earlier, he entered on a VISA so basically he is not conditional permanent resident anymore.

In worst case senario, he would file for divorce waiver but he would still have to go through biometric and FBI check.

In that case he would get a negative background check (due to police records) and should not get his permeant residency.

On another note, if you do want him to help you with the baby expense you should file a case against him while he is in USA and also finalize your divorce.

Good luck

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.

[Cathi 5,771]

As mentioned earlier, he entered on a VISA so basically he is not conditional permanent resident anymore.

In worst case senario, he would file for divorce waiver but he would still have to go through biometric and FBI check.

In that case he would get a negative background check (due to police records) and should not get his permeant residency.

On another note, if you do want him to help you with the baby expense you should file a case against him while he is in USA and also finalize your divorce.

Good luck

huh? He didn't enter this time with a visa, he used the visa waiver program, this is NOT a visa. And if someone DOES enter with a cr1- visa for the first 2 years they are absolutely a conditional resident. Everything about your post is wrong.

[is63 7]

Yes you are right. I made a mistake, I meant he entered as a visitor on the visa waiver program.

He is definitely not a resident anymore for being out of USA for a long time.

Instead of picking on my post, you can try helping out.

Enjoy your day.

huh? He didn't enter this time with a visa, he used the visa waiver program, this is NOT a visa. And if someone DOES enter with a cr1- visa for the first 2 years they are absolutely a conditional resident. Everything about your post is wrong.

[DanteInfe 1]

My 2¢...

Focus on what you CAN do... file for a divorce, Child Custody & Support while he is in the US; Any road that he takes with his immigration process (with or without you) is going to be tied to his previous relations (marriages)... things like domestic abuse, failure to comply with child support and marital abandonment (depending of state laws) can and will jeopardize his chances of getting a LPR or citizenship (...)

And file an appointment with infopass just to be safe...

Ps. Pardon my English and may God be with you.

[madtownguy 164]

You should get a restraining order, and then file for child support. When he doesn't attend or doesn't pay, you could get a warrant for arrest at that point. You should have already done this though... The broken nose is enough for a solid restraining order, every time he enters the country they will red flag him regardless of his current status. Hopefully that will make them look twice at his residency when he files to extend that. Good luck.

[hovman 2]

You can go to court commissioner, make a sworn statement, show them the police, hospital reports and get a warrant for DV. Depends on the state, you usually have one year to get a warrant from the time of incident. Broken nose is usually a felony charge.

[Sweetfruits 4]

Make an appointment at USCIS and they would be able to guide and help you more

[at long last 58]

I thought that if our conditional green cards expire without filing for ROC they move it automatically into removal proceedings. Also can she have her sponsorship of him rescinded?

Gosh I'm so sorry you have to endure this and hopefully your child won't remember the witnessed abuse.

Take care and I wish you well.

[sachin1 42]

Number one thing I found on this is that you have not yet divorce him. DO it asap.

[marriedguy 34]

File for divorce immediately, I don't know why you waited this long, when he abused you and was cheating on you.

[Gosia & Tito 199]

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.

Since you mention not divorced; first thing you want to do is to file for separation, as in today/tomorrow; while you prepare filing for divorce. If you are still married, any debt he incurs is also yours. Not sure what state you are, but in most, you can serve by publication, that is, if he can't or don't want to be located, it is published; you might want to get a family attorney if you do not know how to do this.

If every soon to be ex-husband refused to sign papers, many people would still not be divirced.

Second, I would think you can still press charges, that is, if you wish to do so and have proof, like hospital.medical exams of the broken nose and sexual assault; you must understand that not having documented proof might not get you anywhere, but that is for an attorney to define.

Third, his immigration issues are his; your focus needs to you in you and your family. Other than making an infopass appointment and bringing documentation you would hopefully have; not much else you could do there.

As I noted above, focus on your protection, financially and physical and worry less about his immigration matters.

Edited June 15, 2015 by Gosia & Tito

[belinda63 3,039]

File for divorce and child support. I bet as soon as he finds out he has to pay for the child he will high-tail it back across the pond.