Spouse does not support in removal of conditions on CR1 visa (merged)

[Amadia 711]

Following things have happened during the last few months since he and his family started pushing me for money and investments.

1. He withdrew showing love, affection and physical relations

2. His father told me to leave the country and go back to India. When I told him I will check with Cops if asking me to do so is the right thing to ask, he snatched away the phone from me, punched me and left me with bleeding finger. Husband snatched away cell phone and threw in toilet. Later he pleaded me to not make a call to cops as it will spoil his career and everything. I did not make any calls. His parents left the house next day and moved to relatives place. Husband went out of house for 3 weeks. They all told me they got scared if I call cops, hence they left me alone in house.

I thought it was my mistake to tell them I should check with cops and should not have done that

Hi,

I must state that domestic violence is not tolerated at all! Indian culture forces females in marriages to stay with their husbands regardless of the situation...it is truly an absurd culture but..to each his own, right.

It is up to you to wake up and realize that your marriage has now become a "sham" if he has withdrawn his affection from you over the issue of finances. True love will never lead to that road.

This is the sole reason why consular officials question the basis of your marriage to determine its viability by asking how long you knew each other before marriage, have you met each others' parents,etc. While many marriages turn out legit, yours may seem now as a "free ticket" to the USA.It may not BE that but it may LOOK that way.

I feel sorry for you bcuz the abuse is not only coming from him, it is also meted out by your inlaws. They reacted the way they did bcuz reporting their behaviour to the cops will get them locked up for possible immigration fraud. You don't know if he did this to some1 before you 2 met and is possibly hiding this from you.

Go the route that others have suggested....call the local police, file a report, get advice on how to proceed with the ROC and get the hell out of that man's life! Do not EVER blame yourself for being the brunt of domestic violence...ppl hurt you bcuz they think they can...don't let them get another opportunity to do so. You may love your "husband" but he definitely has ulterior motives...who knows...he probably had those all along and just waited for you to arrive in the USA under the pretense of love....That is a harsh reality to swallow...but the reality nonetheless.

Be strong and come back to these forums for assistance.

[Darnell 8,478]

Query - could this be classified as international extortion combined with human trafficking? I think yes, so it'd be a good thing to call up the FBI office for your area and get an opinion from any Special Agent.

[IcezMan_IcezLady 582]

lol.. you are arguing with Sandranj, the VJ grandmaster of VAWA knowledge?

(She is actually an attorney who helps men/women of VAWA).

lol..I know right...

[Destiny Child 4]

Hi

I am currently on CR1 visa (marriage based green card). Due to marital issues, husband does not want to help to remove conditions on CR1 visa and make it permanent GC.

My employer is willing to apply for H1B visa under premium processing.

Can someone please help if this kind of application can work out? I have all the evidences that the marriage was in good faith.

Please help! Thank you

[aaron2020 11,651]

If your husband refuse to file for ROC, then you can divorce and file on your own.

You do not qualify for an H1b while holding a green card. If you want an H1b, then you will need to give up the green card first by terminating your status by leaving the US.

[Destiny Child 4]

If your husband refuse to file for ROC, then you can divorce and file on your own.

You do not qualify for an H1b while holding a green card. If you want an H1b, then you will need to give up the green card first by terminating your status by leaving the US.

My CR1 visa is valid only till Aug 2016. If H1 works I can anyway work only after Oct 2016. Hence was wondering if it can work that way.

The reason I don't want to divorce and file for ROC is because I want to try to save our marriage. I do not wish to divorce for purpose of saving GC.

[Ontarkie 14,221]

~~Duplicate thread merged. Please do not make more then one thread for the same similar topic.~~

[deleted this acco 44]

I don't know how you plan to save a marriage with someone you stated doesn't want to go forward with you. People have told you to divorce and file ROC on your own or the other option is to go back home. Start gathering evidence for a bonafide marriage and do it on your own.

[SennaBrigante 92]

The question is, does HE want to save your marriage?

And why do you want to stay married to someone who doesn't care whether you get deported or not?

[Tahoma 2,292]

It's unhealthy to allow yourself to be treated poorly by your husband and your inlaws. Why would you want to save an abusive relationship?

[Darnell 8,478]

Destiny Child - are you spending anytime researching divorce processes in your county?

I'm of the opinion, that if you:

1. File a petition for divorce

2. include restraining order with the divorce petition

3. include temporary orders in the divorce petition that gives you the domicile for the duration of the divorce proceedings

4. Get a job after 1/2/3

5. File the RoC casefile with the divorce box ticked, when the divorce is granted,

then you'll be just about 'spot on' with the RoC timeline of when to file.

Think about it a bit, as these 5 steps make a lot of sense to me .

[newacct 688]

My CR1 visa is valid only till Aug 2016. If H1 works I can anyway work only after Oct 2016. Hence was wondering if it can work that way.

The reason I don't want to divorce and file for ROC is because I want to try to save our marriage. I do not wish to divorce for purpose of saving GC.

First of all, you do not have a "visa". You are a US permanent resident. Permanent residents don't use visas. You have conditional permanent residency, which means you have to apply for Removal of Conditions before 2 years is up. If you do not remove conditions, they can deport you (which may not immediately happen). If you want to be in the US in nonimmigrant status like H1b, the only way is if you 1) leave the US, 2) go to a US consulate to abandon your permanent residency, and also apply for a visa like H1b visa, and then 3) enter the US on that visa.

[Ischnura 285]

Following things have happened during the last few months since he and his family started pushing me for money and investments.

1. He withdrew showing love, affection and physical relations

2. His father told me to leave the country and go back to India. When I told him I will check with Cops if asking me to do so is the right thing to ask, he snatched away the phone from me, punched me and left me with bleeding finger. Husband snatched away cell phone and threw in toilet. Later he pleaded me to not make a call to cops as it will spoil his career and everything. I did not make any calls. His parents left the house next day and moved to relatives place. Husband went out of house for 3 weeks. They all told me they got scared if I call cops, hence they left me alone in house.

I thought it was my mistake to tell them I should check with cops and should not have done that

I suspect after four pages of similar responses you wont get m/any further options to choose from in your situation. Sounds like it's time to sit down and have a chat with yourself about it all, thinking with your head not your heart. You're living with a bully and he has full back up of his ole man and his fist. What they are doing to you is wrong and green card or not you shouldn't be allowing anybody to treat you in such abusive ways. Report them anyways? Why would they all run and hide at the prospect of the cops showing up. . . cause what they're doing is wrong and they wouldn't and shouldn't get away with it.

I really hope you come to a point where you decide looking out for yourself first is the best option. *hugs*

[destinychild1 10]

Hi

I am on CR1 visa with conditional GC expiring Aug 2016. Spouse is US citizen who wants to take divorce on mutual consent basis only in India (since we got married in India).

He is not willing to jointly apply for I751 and help me remove conditions, as he thinks this can be considered as marriage fraud. Please note the marriage was in good faith.

I would like to know is it necessary to have divorce application / decree from NC state or Indian divorce will hold good?

Also, given the situation if he helps me remove condition jointly, is it marriage fraud?

Any suggestion is highly appreciated! Thank you

[Cheezees 1,514]

If you are divorced, he cannot sign a joint petition. It would be immigration fraud (not marriage fraud). You can be divorced and file to remove there conditions on your own. USCIS will later on ask for the final divorce decree via an RFE.

I have only seen other VJ members post about getting a divorce in the US so I cannot say for sure but I think a divorce decree from India (especially if that is where you got married) would suffice. Good luck!