AOS horror

[Everlast 49]

Sorry to read about your situation. Besides reading what your rights are on the link from Ross2015, i can put you in touch with another South African here in the US , if you want to share your story with another sister.

You can PM me, if you want.

Wish you well!

[Bill and Vicky 25]

If you want to get divorced from your husband, you have rights. You need to talk to a divorce attorney.

Why not get a court order that requires your husband to pay you some sort of alimony during the divorce process? Then you would have money.

You appear to be at the point where your marriage is a business decision. If he wants out, fine, but it'll cost him. You might even negotiate: I'll give you a divorce with no alimony requirements, but you're going to have to pay me an up-front settlement so I have money to go home.

If your marriage is over, get the emotion out of it. Become very clinical and business-like. You need a solution to your marriage that will allow you to get back to where you want to be. Don't let your husband excuse his way out of it.

Regards,

Bill

[Boiler 45,434]

Alimony?

For being married 10 minutes?

[ManCharsey 254]

If you want to get divorced from your husband, you have rights. You need to talk to a divorce attorney.

Why not get a court order that requires your husband to pay you some sort of alimony during the divorce process? Then you would have money.

You appear to be at the point where your marriage is a business decision. If he wants out, fine, but it'll cost him. You might even negotiate: I'll give you a divorce with no alimony requirements, but you're going to have to pay me an up-front settlement so I have money to go home.

If your marriage is over, get the emotion out of it. Become very clinical and business-like. You need a solution to your marriage that will allow you to get back to where you want to be. Don't let your husband excuse his way out of it.

Regards,

Bill

I agree.

At this point you have to think about your self and well being and do what is right for you.

If you can't even afford to get a ticket and go back home like you want to, it's time to get down to business and ensure you're stable to at least be able to afford a ticket or reside here -you don't want to end up on the streets or in a shelter.

He brought you here and can't suddenly shirk his responsibilities. If you're going the divorce route, make sure you're getting money out of it (at least so you can afford a trip back home).

I see these kind of ill treatment of a foreign spouse way too often.

[Randyandyuni 2,682]

Take his mother up on the offer to pay your way home and make up with your family to ensure you have a home to go to. The situation is bad, don't stay it will not get better and most likely will become worse. In court it depends on who has the best lawyer sometimes, not the best case, you may be 100% right but the court may not do what you wish, alimony is not always granted and he has minor children that may take precedence. Salvage what you can , but most importantly be safe

[Bill and Vicky 25]

Alimony?

For being married 10 minutes?

She gave up everything she had in another country to move here and be with him. The situation is untenable.

I can think of states where, upon filing, she would immediately receive half of his income until the issue was resolved in court.

Regards,

Bill

[Villanelle 4,122]

She gave up everything she had in another country to move here and be with him. The situation is untenable.

I can think of states where, upon filing, she would immediately receive half of his income until the issue was resolved in court.

Regards,

Bill

It depends what state she is in. IF she is in North Carolina like her profile states she may be able to obtain something and be able to stay in the US and file for VAWA.

In North Carolina alimony is possible. It can be temporary, short term or long term. They take into account things like abuse of one party or adultery. They look at one party being at a disadvantage which she clearly is. I do not see the court having an issue with giving her something. Yes, the marriage was SHORT- but they look at the totality of the circumstances which will balance out to something for her...

It may be possible for her to obtain VAWA and a favorable divorce settlement. She can then choose to remain in the US with her VAWA based GC or return home with the funds from her divorce.

kekeac can you please post back with some more info? Do you have an interview pending? If so you can attend the interview and advise them you will be filing for VAWA. If you do not have one then you do not need to worry about that.

You need to get out of the abusive home for your safety. Please consider joining the VAWA thread in the Effects forum where you can find help on how to file VAWA. By filing VAWA you will have valid status in the US while you sort out other things regardless of whether or not you ultimately decide to remain or not- so please consider filing it.

If you can not stay with extended family or friends you will need to find a shelter to go to, because it is unsafe for you to remain in the abusive home. Far too many women are killed or permanently injured by their partners. No one here wants you to end up a statistic. Please find somewhere safe. At a shelter they can help you file for VAWA.

In the VAWA thread you can find resources for filing like how to find legal aid or assemble the paperwork yourself. You are also going to want to find legal aid in helping you to file for divorce. Again a shelter can assist you with this. You can also get help from an immigrant aid clinic. Please speak to someone for legal assistance for your options before making any decisions. There are most likely options available to you.

[kekeac 0]

Well I once called VAWA and they were willing to take me in,for some reason he apologised and as usual I forgave foolishly.Theres a South African immigration lawyer that's based here in America.He asked me to contact him on Monday.Im hoping to get help,I'm a hardworking person and I believe with a place to live in back at home I can find my way to make it like I did before.Thank you everyone.

[EM_Vandaveer 2,408]

VAWA is different from a domestic abuse shelter. VAWA is a petition filed with USCIS based on you being a victim of abuse perpetrated by your USC husband.Look up form I-360.

Ask some questions in this thread:

http://www.visajourney.com/forums/topic/579084-vawa-part-7/page-66

Edited December 10, 2016 by EM_Vandaveer

[USAMorocco 143]

She gave up everything she had in another country to move here and be with him. The situation is untenable.

I can think of states where, upon filing, she would immediately receive half of his income until the issue was resolved in court.

Regards,

Bill

No state is going to give her half of what he makes because she moved here to be with him. OP is an adult and made the decision to move. No court is going to say "oh you gave up your life there to move here so here you can have half." The law just doesn't work that way. Don't give the OP false hope. In order to get alimony, the couple has to be married for years like 10, 15, 20 years. Just because you marry someone does not mean you automatically get half of what they have. In addition, no court at all is going to give anyone half of anything before the case is heard and resolved in court.

[EM_Vandaveer 2,408]

No state is going to give her half of what he makes because she moved here to be with him. OP is an adult and made the decision to move. No court is going to say "oh you gave up your life there to move here so here you can have half." The law just doesn't work that way. Don't give the OP false hope. In order to get alimony, the couple has to be married for years like 10, 15, 20 years. Just because you marry someone does not mean you automatically get half of what they have. In addition, no court at all is going to give anyone half of anything before the case is heard and resolved in court.

Bill and Vicky meant half what he makes until the divorce is final, not indefinitely.

[USAMorocco 143]

Bill and Vicky meant half what he makes until the divorce is final, not indefinitely.

I know what they meant. No court is going to give any spouse money before the case is heard. You don't fill out paperwork and get a ticket to collect half of your spouses pay.

[Ontarkie 14,207]

I know what they meant. No court is going to give any spouse money before the case is heard. You don't fill out paperwork and get a ticket to collect half of your spouses pay.

Actually they do it's called maintenance payments.

[Randyandyuni 2,682]

I believe maintenance is made during the process after the initial filing and court appearance not before the case goes to the magistrate

[Eric-Pris 1,606]

Ive sold my house and car before I left South Africa

You sold a house and car, so what happened to all that money?

You chose a man over your family, so I don't think it will be easy to makeup with them.

One of life's cruel lessons.... ALWAYS LEAVE YOURSELF AN OUT (Have money saved for an emergency.)

Good luck. Get a lawyer and file for divorce.