BIG PROBLEMS RE: FILING I751 / COMBATIVE HUSBAND

[jhonster 23]

Hello all.  Just wanted to ask the group a question for my wifes friend.  My wife is Filipina and so is her friend, I'm an American.  We are already at the i751 stage and filed way back in Nov of 2016. We got an extension and then another extension.  I guess USCIS is so backed up.  But, onto my wifes friend.  We have known her and her American husband for almost 4 years.  Their marriage is pretty much in shambles.  They have a nearly 2 year old together, and we have known them for quite sometime now.  So we know their marriage was bonafide. 

 

Her husband purposely kept her green card from her and never shared any of the USCIS communications with her.  She doesn't have access to their mailbox.  She was only given her green card recently and it expires today (2-19-18).  She called us in desperation asking what to do.  We told her to come here and we would help her fill out the i751 form and set it up to get postmarked tomorrow (today is Presidents day here in the U.S., so the post offices and USCIS are closed).  I don't think she has most of the documents she will need like her husbands taxes, joint bank accounts, joint bills, etc.  I don't think she even knows her case number.  But, she obviously has her green card.  We've celebrated Christmas with them at friends parties and had several outings with them.  We were going to include affidavits from us along with the application to help her prove her bonafide marriage.  She doesn't even have a copy of their marriage license nor the babies birth certificate.  He's basically hidden this from her.  She was supposed to come to our house this morning, but....there was a snafu.  So she is still at home (12 noon).  I accidentally texted what she needed to file to her husband by mistake last night.  So, he has realized that someone is trying to help her file her i751.  He basically told her that she's a piece of poo poo (expletive removed) and that he won't help her with the process.  But, since I messed up and sent him that text last night, he came home early from work telling her that if she files, that he will call USCIS and have them cancel her application (which I know he can't do.....he's just doing that to scare her).  I spoke to a friend who's an immigration attorney, and she said she needs to get her application post marked tomorrow.  Any other advise anybody else can give?  Thanks in advance.

[Russ&Caro 1,549]

Even a barebones application will keep her immigration possibilities open, so you're a good friend in attempting to help her with that. I believe there's a box that you can check that indicates you intend to file a divorce waiver at a future date when the divorce is final. You might want to check that. Also make sure you include the fees.

[jhonster 23]

Thanks Russ and Caro.  I didn't see a box that said she could check which indicated she could/would file for a divorce at a later date.  And since nobody has filed for divorce yet, I think it might be a little premature.  But, we did include the fees.  She gave me cash and I just wrote a personal check for her.