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

[Morningmist 76]

I wouldn't go back to India for anything right now. Never trust someone who insist that you do something in India. The laws are not that different so there is no reason to go to india and add to the complication of a foreign divorce decree and the bribery and back and forth that will happen. Something is up and it might actually be worse than a divorce. I've read stories where women who have problems with their In laws will go to India on their in laws insistence to visit family for a relative's marriage or take care of property and never return or to be seen again.

There is no reason you can't file for divorce in NC.

As an Indian woman I understand that divorce is not to be taken lightly. In fact I have lived in the south enough to know that many here do not take divorce lightly either.

[destinychild1 10]

Thank you all for the suggestions and feedback!

Its been a month I was forced to leave USA and return to India. Since I do not have any friends/family there and my health had gone from bad to worst, with spouse not willing to take me to doctor, I was in need of family support.

Was detected with depression by doctors in India. Within 4 weeks of me coming to India, spouse also came here. He came at my parents home and tried to hit me causing bruises and scratches on arm. With families support I was able to file police complaint against him in India.

My issue is I cannot file for divorce in NC / India as both need 1 year of separation time before filing divorce. Also, spouse has kept all the joint documents with him and there is no way he will give them to me now (joint IT return statement, joint mediclaim, joint car insurance, joint bank account statement from which he got my name removed last year, never included my name in the lease agreement)

Can somebody tell me if I can apply under mental cruelty waiver with following documents?

1. Marriage certificate

2. His name included as emergency contact number with my employer

3. Affidavits from neighbor stating the incidents that happened in USA

4. Police report from India

5. Psycatrist report from India

[Harpa Timsah 13,258]

DESTiNY.

I know you are going through a tough time but you are still confused and missing out on important advice and concepts that will help you.

1. if it was a joint tax return or joint car insurance or anything, then you have the ability and right to call up the company and get a copy of the records. You DO NOT need your husband to give them to you. You can get them on your own. In the US, the companies save the records too.

2. You were told multiple times how to file RoC before divorce decree is in hand. Please go back and reread, and if you do not understand, then please hire a lawyer in the US to do it for you.

[destinychild1 10]

Divorce in India can be a lengthy and highly complicated process. This is probably the reason why the husband wants a divorce in India because OP then will surely run out of time with green card renewal among other issues. OP, your best bet will be to remain in the U.S., stay somewhere safe and away from your husband and his family. You are probably far safer staying in the U.S. than India and can divorce in the U.S. with more dignity. Do you have family from your side in the U.S. or friends you can stay with till divorce is finalized? As others have already suggested, file the I-751 with a divorce waiver.

Thanks Happy Chic!

Unfortunately, I have no support system in USA like friends / family.

Husband has said if I file divorce myself in NC, he will disclose that we have not yet completed a year of separation as per NC state laws.

I understand what everybody on the forum is mentioning to apply for divorce and remove RoC. But since spouse is not agreeing to backdated separation date, it is not possible to apply for divorce until Feb next year.

[Caryh 5,206]

Thanks Happy Chic!

Unfortunately, I have no support system in USA like friends / family.

Husband has said if I file divorce myself in NC, he will disclose that we have not yet completed a year of separation as per NC state laws.

I understand what everybody on the forum is mentioning to apply for divorce and remove RoC. But since spouse is not agreeing to backdated separation date, it is not possible to apply for divorce until Feb next year.

you still file the ROC application on time. It will not be granted until the divorce is finalized but you still need to file on time and check the divorce box. But if you stay out of the USA for too long, you'll lose your green card through abandonment.

[Lemonslice 4,841]

Thanks Happy Chic!

Unfortunately, I have no support system in USA like friends / family.

Husband has said if I file divorce myself in NC, he will disclose that we have not yet completed a year of separation as per NC state laws.

I understand what everybody on the forum is mentioning to apply for divorce and remove RoC. But since spouse is not agreeing to backdated separation date, it is not possible to apply for divorce until Feb next year.

Please read what Harpa Timsah wrote to you. Please read it again and again. You still have the steps wrong: remove conditions THEN apply for divorce.

Harpa Timsah

Posted Today, 10:04 AM

DESTiNY.

I know you are going through a tough time but you are still confused and missing out on important advice and concepts that will help you.

1. if it was a joint tax return or joint car insurance or anything, then you have the ability and right to call up the company and get a copy of the records. You DO NOT need your husband to give them to you. You can get them on your own. In the US, the companies save the records too.

2. You were told multiple times how to file RoC before divorce decree is in hand. Please go back and reread, and if you do not understand, then please hire a lawyer in the US to do it for you.

[Transborderwife 4,666]

Just to agree with the other posters:

1) file for legal separation in NC

2) when it's time file your I-751 waiver

3) when you receive the RFE for the divorce decree, send back an explanation why you don't have it yet

4) you will not lose your status, once you have your divorce decree, USCIS will give you your 10-year GC

Op, follow this advice. Instead of looking at yourself as the victim, become a warrior and take up your cause. Nobody can do it for you.

[Ontarkie 14,221]

You need a lawyer to help with the divorce in the US. Since you have no friends and family move to a different State that has shorter or no separation period. If you want to go back to NC ask a lawyer is the 1 yr separation applies when there is domestic violence?

Do some research become a resident of a state that does not require a long separation. Why stay where he is when he is violent? You said you have nothing there so start fresh elsewhere.

[Caramel Swirl 54]

Destiny Child.....look at your name.

Get up and take charge of yourself and future. USA is the land of opportunity and is the perfect place for a new beginning if this is where you want to be. You got a chance to be here and to continue to make something of yourself. Resources are countless use them....internet, billboards, telephone, people and etc etc.... Stop feeling and acting like you are not strong. Think positive.

You have gotten solid and great advise from this forum and it's time you make a decision. Know what you want, arm yourself with the right tools and move forward. Show your husband what you are made of...SUCCESS!!

[EM_Vandaveer 2,408]

Move back to the US, go to Nevada. There you can file for divorce after 6 weeks of residency. You have to fight. Also, file your ROC when it's time to do so. You'll have to be in the US for biometrics & possible interview. YOU DO NOT HAVE TO HAVE A DIVORCE DECREE AT THE TIME OF FILING A DIVORCE WAIVER I-751. You can provide the divorce decree later on.

Edited April 5, 2016 by EM_Vandaveer

[destinychild1 10]

Hi All

 

I am the same person who started this thread and wanted to update you all of the final outcome.

 

- I was forced to leave the country and go back to India in Mar 2016

- Spouse came to India, was physically and verbally abusive to me at my parents place in front of them

- Police complaints were filed against him, I got detected with clinical depression 

- Underwent treatment for 3 months and was decided to come back to USA and give a try to removal of conditions

- June 2016 I was back in USA with just 2 bags of my luggage standing at the airport with nowhere to go

- Found a job, accommodation and a lawyer to help me with i751

- Gathered all documentation required for ROC with my lawyer's support and gods grace

- Filed i751 in Aug 2016 under extreme cruelty

- Stabilized emotionally and physically

- i751 approved in Aug 2017 without any RFE / interview

 

All I want to say is life is unplanned, but as human beings all we can do is try. God is great and will make ways for us but the first step needs to be taken by us.

 

Thank you all for the guidance and support during that phase of my life. Visajourney is a great platform and I am thankful to you all. Good luck!

[Waittrain 17]

11 hours ago, destinychild1 said:

Hi All

 

I am the same person who started this thread and wanted to update you all of the final outcome.

 

- I was forced to leave the country and go back to India in Mar 2016

- Spouse came to India, was physically and verbally abusive to me at my parents place in front of them

- Police complaints were filed against him, I got detected with clinical depression 

- Underwent treatment for 3 months and was decided to come back to USA and give a try to removal of conditions

- June 2016 I was back in USA with just 2 bags of my luggage standing at the airport with nowhere to go

- Found a job, accommodation and a lawyer to help me with i751

- Gathered all documentation required for ROC with my lawyer's support and gods grace

- Filed i751 in Aug 2016 under extreme cruelty

- Stabilized emotionally and physically

- i751 approved in Aug 2017 without any RFE / interview

 

All I want to say is life is unplanned, but as human beings all we can do is try. God is great and will make ways for us but the first step needs to be taken by us.

 

Thank you all for the guidance and support during that phase of my life. Visajourney is a great platform and I am thankful to you all. Good luck!

Thanks for updating.

 

This is really helpful.

[Going through 5,671]

Congrats on your approval.

[TBoneTX 45,287]

Congratulations, and thanks for returning with the happy update.

[EmilyW 1,434]

This is just amazing news.  I remember how confused you were and now, you post like a lion: strong, confident, resilient.

 

Well done.  What a great happy ending.