Abused wife filing for ROC.

[missvrapter 9]

Hey guys. I came to the U.S in November 2013 on my K1 Visa from the UK. My husband is military. I have been abused (emotionally and physically) throughout my marriage. Please leave out the negative comments (why didnt you just leave bla bla bla). being in a foreign country with no friends or family, and only having the one person you thought you were madly in love with you mistreat you, its a little difficult to leave.
Anyway, I found out in January I was 8 weeks pregnant. As soon as I found out, I knew I had no choice but to come home to the UK. There is no way I could raise a child around an abusive husband. If he can do these things to me, who's to say he wont do it to our child? There are ongoing investigations with the military into the domestic violence and the several accounts of adultery on his side.

I want to go back to the US, I made a life for myself there, and no mattter what I have tried back here in the UK, I cant seem to settle or feel comfortable here.
So, I guess these are my questions:

Can I file my ROC from outside the U.S?
I plan on filing individually as i am filing for divorce in the upcoming weeks - will I need to supply proof of domestic violence? (that wont be a problem)
Will I have a problem filing individually?

Thanks in advance.

[aleful 1,905]

hi

no, you need to return to the US, divorce and file for removal of conditions on your own

it may be hard because you need to send evidence of bona fide marriage, when you left, did you collect evidence or did you leave everything behind

you will get your 10 year GC based on evidence, a GC is for living in the US

[missvrapter 9]

Thankyou for the response.
I do plan on returning to the U.S as soon as I can, I need to wait for the military to issue a protection order through the civilian police department. I left everything behind. it says on the USCIS removal of conditions instruction page that i need to submit proof of abuse. Police reports, hospital records, things like that. Those arent a problem because i have all of those.

I guess I dont understand why I would have to supply evidence of a legitimate marriage if im filing individually as a battered spouse?

[newacct 688]

The I-751 form can be filed while outside of the US. However, as a permanent resident (conditional or not), you should not spend too much time outside the US or you risk losing your permanent residency. Also, note that you will need to be in the US for the ROC interview, and there will almost certain be one if you are filing by yourself.

I am not quite understanding why you have to be in the UK now. Being in the US doesn't mean you have to be around your husband. Is it because you need family members to help take care of your child, or something?

[NikLR 13,227]

Suggestion... its easier to file just with the divorce than with abuse. Do you have police reports, etc of the abuse?

I'm not suggesting in any way shape or form that he wasn't but you'd need proof and just the divorce waiver is easier.

Did you ever report him to his CO?

[Dohan 133]

the I-751 is a 2 prong test: 1) evidence that there was a bona fide marriage entered into with intention of building a family and a future together: this can be evidenced by photos, affidavits from friends, family, neighbours, anyone who knew you guys as a married couple. Any kind of bills that were in both your names, leases, car and/or health insurance, joint bank account, filing taxes jointly.

2) proving the abuse with police, hospital records, and affidavits from you, and people who knew about the abuse.

[Nich-Nick 3,354]

To clarify, people who divorce without abuse can file on their own. They just show things they had joint during the marriage to show they had married in good faith and it didn't work out. The documentation is very much like people who are still married, but it may not be a full two years worth of they divorced sooner.

[Boiler 45,486]

Suggestion... its easier to file just with the divorce than with abuse. Do you have police reports, etc of the abuse?

I'm not suggesting in any way shape or form that he wasn't but you'd need proof and just the divorce waiver is easier.

Did you ever report him to his CO?

Agree Divorce waiver would be simpler.

[verysadguy 170]

Please clarify these opposing comments:

"being in a foreign country with no friends or family, and only having the one person you thought you were madly in love with you mistreat you, its a little difficult to leave. "

You left, but you state "I made a life for myself there, and no matter what I have tried back here in the UK, I cant seem to settle or feel comfortable here." You don't have friends and family in the UK? How did you make a life if you only had one person making you miserable yet so difficult to leave? Have you gone to grief counseling?

Bona fide marriage proof: your marriage certificate, bills in your name and his (cell phone, car payment, rental lease, taxes etc.) as stated by others.

Other things we don't know. How long were you here? How long were you married? Is the unborn child his?

[EM_Vandaveer 2,408]

Bona fide marriage has to be proven even if you file based on abuse. For this reason it's easier to file based on divorce, then you only prove bona fide marriage & divorce, rather than bona fide marriage & abuse.

[Lee&Ana 88]

Sorry to hear op

[TBoneTX 45,284]

Thread is moved from ROC forum to the Effects of Major Changes forum, where similar situations are often discussed.

[FarrahIdir 46]

I'm sorry you had to go through this. Hugs

[Maria2012 16]

She doesn't owe you or anyone else any explanations. Her questions can be answered without us sticking our noses in her business.

Please clarify these opposing comments:

"being in a foreign country with no friends or family, and only having the one person you thought you were madly in love with you mistreat you, its a little difficult to leave. "

You left, but you state "I made a life for myself there, and no matter what I have tried back here in the UK, I cant seem to settle or feel comfortable here." You don't have friends and family in the UK? How did you make a life if you only had one person making you miserable yet so difficult to leave? Have you gone to grief counseling?

Bona fide marriage proof: your marriage certificate, bills in your name and his (cell phone, car payment, rental lease, taxes etc.) as stated by others.

Other things we don't know. How long were you here? How long were you married? Is the unborn child his?

Edited February 15, 2016 by Maria2012

[missvrapter 9]

1. Yes, the unborn child is my husbands,

2. We have been married for 2 years and 3 months,

3. I came back to the UK to get a break and to get away from him, I needed to be around family and friends which are here in the UK,

4. Yes, his CO was informed and there are two ongoing investigations - one for adultery on his behalf and the second for the domestic violence

5. Because he is military, once i file for the divorce back in the U.S, and the divorce comes through, I will also lose my healthcare (tricare) which means I will be pregnant without any kind of health insurance.

6. I will look further into it to see if the divorce way will be easier. I need to file in April, so that gives me enough time to weigh up my options.