Brazilian Messed Up!!

[woodsman4cb 8]

My wife is Brazilian. We live here in USA, and have no problems. However, my wife has made friends with another Brazilian that is desperately in need of help. Her friend lives in a distant state. She came here 4 months ago on a tourist visa. She married the American that paid for her plane tickets. She is also here with two kids  that are also hers. What started out seeming like a good relationship turned bad. He has went as far as putting her and her kids outside in the freezing cold during an heated argument. She doesn't know English, has no phone, no money and he is more or less holding her hostage in the fact she wants to go back, has no money, no job to go back to in Brazil, can't drive here...He leaves and comes back every other day or so. She thought about going to a shelter for help, since the food is limited, but was told by the shelters lawyer that she will be illegal in a few days, since her spouse has not filed papers to acquire a green card, so would be better off staying at her spouses house.

I know that there are some very knowledgeable people on this site, and am hoping you guys can give me some advice to pass on to her. I know, as well as she knows, she chose to marry on a tourist visa, which is illegal to do, but want to know if there is anything she can do at this point, or just continue being abused...   Thanks in advance!!

[Ontarkie 14,221]

~~Moved to Effects of Major Family Changes, from Off Topic - Similar topics are discussed here.~~

[mcdull 474]

It is totally legal to marry whilst on a tourist visa.

 

Are you asking if she could obtain any immigration status? 

 

 

[Roel 7,192]

Gather money somehow, ask family and leave USA. Pretty sure that's better then being abused. 

[Boiler 45,484]

Does she need help going home, does she have return tickets?

[samiam5211 4]

28 minutes ago, woodsman4cb said:

My wife is Brazilian. We live here in USA, and have no problems. However, my wife has made friends with another Brazilian that is desperately in need of help. Her friend lives in a distant state. She came here 4 months ago on a tourist visa. She married the American that paid for her plane tickets. She is also here with two kids  that are also hers. What started out seeming like a good relationship turned bad. He has went as far as putting her and her kids outside in the freezing cold during an heated argument. She doesn't know English, has no phone, no money and he is more or less holding her hostage in the fact she wants to go back, has no money, no job to go back to in Brazil, can't drive here...He leaves and comes back every other day or so. She thought about going to a shelter for help, since the food is limited, but was told by the shelters lawyer that she will be illegal in a few days, since her spouse has not filed papers to acquire a green card, so would be better off staying at her spouses house.

I know that there are some very knowledgeable people on this site, and am hoping you guys can give me some advice to pass on to her. I know, as well as she knows, she chose to marry on a tourist visa, which is illegal to do, but want to know if there is anything she can do at this point, or just continue being abused...   Thanks in advance!!

If she is married to a US citizen and he is abusing her, she can file an I-360.  She needs to be able to document the abuse, but if she can prove it she can get a green card as the self petitioning spouse of a United States citizen.

[Ben&Zian 4,398]

If only been  a couple months I would just get help to leave the US.... said she doesn't even speak English so (assuming she only speaks Portuguese.), probably easier back home.

[bad4tatt 168]

49 minutes ago, woodsman4cb said:

My wife is Brazilian. We live here in USA, and have no problems. However, my wife has made friends with another Brazilian that is desperately in need of help. Her friend lives in a distant state. She came here 4 months ago on a tourist visa. She married the American that paid for her plane tickets. She is also here with two kids  that are also hers. What started out seeming like a good relationship turned bad. He has went as far as putting her and her kids outside in the freezing cold during an heated argument. She doesn't know English, has no phone, no money and he is more or less holding her hostage in the fact she wants to go back, has no money, no job to go back to in Brazil, can't drive here...He leaves and comes back every other day or so. She thought about going to a shelter for help, since the food is limited, but was told by the shelters lawyer that she will be illegal in a few days, since her spouse has not filed papers to acquire a green card, so would be better off staying at her spouses house.

I know that there are some very knowledgeable people on this site, and am hoping you guys can give me some advice to pass on to her. I know, as well as she knows, she chose to marry on a tourist visa, which is illegal to do, but want to know if there is anything she can do at this point, or just continue being abused...   Thanks in advance!!

Helping her get back home is probably a better idea. Why would the suggestion of even staying with a man that is supposedly abusive even being entertained? I am getting a  sense that she thinks his free ride to the US is a ticket to the American Dream that does not exist. Who is going to be financially responsible for her? She doesn't speak English so how is she going to even get a job?

[woodsman4cb 8]

She was just now served a mutual restraining order and a complaint for divorce. She simply wants to survive. She DOES NOT want to be with him. She wants to go back to her country, but has no money. She had a very good job in Brazil, but once you leave the type of job she had, you can't go back. She is worried about the childs future, he is telling her that he is going to get custody of the child.  It's messed up...

 

[Boiler 45,484]

1 minute ago, woodsman4cb said:

She was just now served a mutual restraining order and a complaint for divorce. She simply wants to survive. She DOES NOT want to be with him. She wants to go back to her country, but has no money. She had a very good job in Brazil, but once you leave the type of job she had, you can't go back. She is worried about the childs future, he is telling her that he is going to get custody of the child.  It's messed up...

 

Did she not have a return ticket.

 

Can you help her get tickets on the next plane home?

[woodsman4cb 8]

1 hour ago, samiam5211 said:

If she is married to a US citizen and he is abusing her, she can file an I-360.  She needs to be able to document the abuse, but if she can prove it she can get a green card as the self petitioning spouse of a United States citizen.

She wants to go back, but just doesn't have the money. He knows that. He also knows that if the baby is born here, the baby can't leave without his authorization.

 

[Boiler 45,484]

She is pregnant?

[woodsman4cb 8]

She is in fact pregnant. I do not have the money for 3 plane tickets, which would be approximately $3000. She would like to get some child support I'm sure. She doesn't want to stay in the USA. One other thing, he married in one state, but they have lived in another state the entire time. The divorce complaint says they both live in the state they married, but they don't. Is that anything she can use to her advantage?

 

[woodsman4cb 8]

1 hour ago, mcdull said:

It is totally legal to marry whilst on a tourist visa.

 

Are you asking if she could obtain any immigration status? 

 

 

It is legal to marry, but not to travel to USA on a tourist visa with intent to marry.

[Boiler 45,484]

4 minutes ago, woodsman4cb said:

She is in fact pregnant. I do not have the money for 3 plane tickets, which would be approximately $3000. She would like to get some child support I'm sure. She doesn't want to stay in the USA. One other thing, he married in one state, but they have lived in another state the entire time. The divorce complaint says they both live in the state they married, but they don't. Is that anything she can use to her advantage?

 

She could look to get child support but obviously that is a long way away.

 

Perhaps friends and family could help with the plane ticket, contact the Brazilian Consulate?

 

PS sounds a lot, maybe shop around?