My husbands girlfriend is threatening me with deportation

[Credo 12]

NB(This is not my story but for a friend, check my profile, you will see I have filed and received my green card). 

 

My friend got married to her boyfriend last year August , she came with a visiting visa. Shortly after getting married he went to Jail for probation violation, she visited and sent money while he was in jail. They didn’t save up for filing for she hasn’t filed or planning to even file yet. He cane out January this year and my friend wanted a divorce but he refused and pleaded. He is living with his sister in law while she is living with her brother in another cities but 2hrs driving distance. My friend is wirking( Braider) while he can’t leave the county due to his probation hence they are living apart but has supported him financially . 

 

Three days ago, my friend started receiving threatening messages from a girl that identifies as her husbands girl friend. Threatening to have her deported and harm her if I don’t divorce her husband. Asking She sends her money or she will call the police. 

 

What can she do? She has not filed any paper work since they got married. Is there any path way for GC under domestic violence/abuse? Should she send her the money to avoid problems cos she is scared of police or ICE. 

 

What can she do. divorce and move away cos the girl also knows where she lives and the current political climate is not immigration friendly .  

 

Kind advice please. 

[Going through 5,671]

16 minutes ago, Credo said:

What can she do? She has not filed any paper work since they got married. Is there any path way for GC under domestic violence/abuse?

She's not being harrassed/threatened by the husband whom she has a relationship/lives with.  She's being harrassed/threatened by the husband's ex-girlfriend, whom she does not have a relationship with or lives with----so no, there is no pathway for a GC under domestic violence/abuse.

 

16 minutes ago, Credo said:

What can she do.

Divorce her husband if she no longer wishes to be married to him.

 

or

 

File for AOS.  Then she is in the country under authorized stay while her application is pending, and the ex-girlfriend cannot do anything to affect her legal status/immigration proceedings.

 

On a side note---if she can afford to pay off the ex-girlfriend, then most likely she can afford to file the AOS.

Edited June 4, 2018 by Going through

[Roel 7,192]

I'd they don't even live together they would have a lot of issues with getting AOS approved. 

 

If that girl will report her ICE might look into your friend. Especially if she overstayed already. They might or might not bother. Especially she is also working illegaly. 

 

Your friend can divorce and move be back to her country. Especially if she's out of status . 

 

Or file AOS and hope it gets approved (but maybe it would be a good idea to actually live with her husband? ). 

[SusieQQQ 11,586]

I’m not sure if I misunderstood something in the OP but it sounded to me like the friend arrived on a visit visa and never filed for AOS thus is working illegally and has overstayed. She wants a divorce. It doesn’t sound to me like she has any option other than to leave the country?

Edited June 4, 2018 by SusieQQQ

[nyhd92 19]

12 hours ago, SusieQQQ said:

I’m not sure if I misunderstood something in the OP but it sounded to me like the friend arrived on a visit visa and never filed for AOS thus is working illegally and has overstayed. She wants a divorce. It doesn’t sound to me like she has any option other than to leave the country?

Her only option is to have her US citizen husband file asap. And try to work things out and move in together, if they are able to. 

 

[SusieQQQ 11,586]

45 minutes ago, nyhd92 said:

Her only option is to have her US citizen husband file asap. And try to work things out and move in together, if they are able to. 

 

Why is that her only option when she wants a divorce? And when it seems pretty clear from what the OP describes that the husband only wants her money and is using threat of deportation to get it, and now the husband’s girlfriend has jumped on this bandwagon? Of course he won’t file for her, he loses his leverage over her as soon as he does that..... if she becomes legal they can’t threaten her anymore and then where do they get their money from? I’m sorry but she’s being blackmailed in a totally toxic situation. She needs to get out of it.

Edited June 4, 2018 by SusieQQQ

[azblk 338]

14 hours ago, Credo said:

NB(This is not my story but for a friend, check my profile, you will see I have filed and received my green card). 

 

My friend got married to her boyfriend last year August , she came with a visiting visa. Shortly after getting married he went to Jail for probation violation, she visited and sent money while he was in jail. They didn’t save up for filing for she hasn’t filed or planning to even file yet. He cane out January this year and my friend wanted a divorce but he refused and pleaded. He is living with his sister in law while she is living with her brother in another cities but 2hrs driving distance. My friend is wirking( Braider) while he can’t leave the county due to his probation hence they are living apart but has supported him financially . 

 

Three days ago, my friend started receiving threatening messages from a girl that identifies as her husbands girl friend. Threatening to have her deported and harm her if I don’t divorce her husband. Asking She sends her money or she will call the police. 

 

What can she do? She has not filed any paper work since they got married. Is there any path way for GC under domestic violence/abuse? Should she send her the money to avoid problems cos she is scared of police or ICE. 

 

What can she do. divorce and move away cos the girl also knows where she lives and the current political climate is not immigration friendly .  

 

Kind advice please. 

Send no money and report the black mailer to the police. Theoretically she can try for VAWA but its unlikely she would be approved. The sounds so much like a married for papers deal gone wrong.

[nyhd92 19]

2 hours ago, SusieQQQ said:

Why is that her only option when she wants a divorce? And when it seems pretty clear from what the OP describes that the husband only wants her money and is using threat of deportation to get it, and now the husband’s girlfriend has jumped on this bandwagon? Of course he won’t file for her, he loses his leverage over her as soon as he does that..... if she becomes legal they can’t threaten her anymore and then where do they get their money from? I’m sorry but she’s being blackmailed in a totally toxic situation. She needs to get out of it.

You're right. I read it as an ex-girlfriend being jealous or something. Didn't know the husband was in it too. Isn't there an option for battered/abused spouses of US citizen? I'm sure it'll be difficult case for her. 

[MyJourney 276]

She came for him, he turned out not to be right person and already in a relationship with another woman.....Unfortunately, she has to leave. 

[NancyLyz 58]

Well, it's just her choice at the end of day.

 

1. File AOS asap:

a. The ex-girlfriend thing doesn't necessarily have anything to do with the AOS process; Even if she overstayed and worked illegally, as long as there is no warrant issued against her, it shouldn't affect her application. But with her husband not working, they need a sponsor for the AOS. After that, work things out and continue the process as husband and wife. Even if they're not living together, as long as they have legitimate reasons for that, they have plans to change that in the near future, and they have enough evidence to prove that this is a bona fide marriage, the application should be approved.

b. Once she receives her conditional green card, she can file for divorce based on emotional abuse (if she has enough evidence). Later on, she can use that evidence to file I751 independently. It's risky, but USCIS does have policies supporting that.

 

2. Divorce and leave:

This is more of a simple process. Once the divorce is finalized, leave the country. For some, being in a one-sided or toxic relationship is probably the last thing they need. 

 

Regardless of what choices she pick, she can always report that woman for blackmailing.