Family violence

[littlepeanut25 0]

Hi all,

I’m not in process for US visa and not planning to. I’m here just to secretly ask and help a friend of mine who is there in California at the moment. She got sponsored by her husband on spouse visa to come to the state, they have 3 yrs kid. As soon as she got to US she found out he has a big debt because of gambling. Of course she doesn’t want to divorce because she think she has to pay it, but her husband keeps playing and building the debt up. Whenever she tries to convince him to give up, he bullies her, sends text message and say she a bad person...I believe there is no physical violence so far, only mentally. They are living with his parents at this stage, she has no job and now studies a cert to be able to work. She is now really depressed, she wants to divorce but she is scared of loosing her child since she has no job and has to go back to the country. She now has 2 yrs green card. I’m really wondering and trying to find if there is a good way for her to remain safely, away from her husband in the State with her kid? Her English is still quite limited.

Thank you, and please help.

[Going through 5,671]

She can file for the i-751 (Removal of Conditions) with a divorce waiver and will need to prove that she entered the marriage with bonafide intent and that it was a true marriage until it broke down (evidence of that would be co-mingling of finances, tax returns, joint utility bills, joint health insurance, joint bank accounts, etc.).  If successfully approved, she would receive the 10-year green card.

 

As far as custody issues are concerned, that's a matter for divorce court/family court.

[geowrian 22,337]

* Moved form IR-1/CR-1 Progress Reports to Effects of Major Family Changes on Immigration Benefits *

 

First item is to make sure she's safe. It sounds like a bad situation.

 

Since she already has a green card, she can divorce at any time and it won't impact her immigration status.

She will need to file for ROC before her green card expires - either within 90 days before it expires or anytime after she divorces. For ROC, if she divorces then she needs to show that she entered into the marriage in good faith + provide the divorce decree.

 

Things regarding child custody, possible spousal support, etc. are something to discuss with a divorce attorney.

Her spouse is still bound by the I-864 even if she divorces.

 

Good luck.

[Lil bear 4,228]

23 minutes ago, littlepeanut25 said:

Hi all,

I’m not in process for US visa and not planning to. I’m here just to secretly ask and help a friend of mine who is there in California at the moment. She got sponsored by her husband on spouse visa to come to the state, they have 3 yrs kid. As soon as she got to US she found out he has a big debt because of gambling. Of course she doesn’t want to divorce because she think she has to pay it, but her husband keeps playing and building the debt up. Whenever she tries to convince him to give up, he bullies her, sends text message and say she a bad person...I believe there is no physical violence so far, only mentally. They are living with his parents at this stage, she has no job and now studies a cert to be able to work. She is now really depressed, she wants to divorce but she is scared of loosing her child since she has no job and has to go back to the country. She now has 2 yrs green card. I’m really wondering and trying to find if there is a good way for her to remain safely, away from her husband in the State with her kid? Her English is still quite limited.

Thank you, and please help.

She should look for free community legal advice .. she can file for divorce and remove her conditions on the Green Card herself , filing a divorce waiver .. the debt issue is a big concern as she can potentially be held liable for spousal debt. 

[laylalex 7,289]

Do you know which county she is in in California? Some of the counties have family court self-help offices at the courthouses, and she can find out about low-cost divorce help there. Source: I got divorced in California and although I had a lawyer I saw info on the county court (LA county) website about this.

[hannahragen 0]

Look into filing a VAWA (Violence Against Women Act) Petition: Form I-360. You can file as the abused spouse of a USC. VAWA petitions do not require a filing fee if filing as an abused spouse, and if approved, gives the applicant certain benefits. 

[geowrian 22,337]

2 hours ago, hannahragen said:

Look into filing a VAWA (Violence Against Women Act) Petition: Form I-360. You can file as the abused spouse of a USC. VAWA petitions do not require a filing fee if filing as an abused spouse, and if approved, gives the applicant certain benefits. 

They have a green card already. VAWA no longer applies for anything.

[Sandra G. 5,048]

14 hours ago, hannahragen said:

Look into filing a VAWA (Violence Against Women Act) Petition: Form I-360. You can file as the abused spouse of a USC. VAWA petitions do not require a filing fee if filing as an abused spouse, and if approved, gives the applicant certain benefits. 

She has a green card already then she CANNOT file VAWA (I360)..In case of abuse the green card holder can file l751 waiver based on abuse.Vawa was enacted in 1994,the one she might benefit was enacted in 1986.

[Eric-Pris 1,606]

15 hours ago, hannahragen said:

Look into filing a VAWA (Violence Against Women Act) Petition: Form I-360. You can file as the abused spouse of a USC. VAWA petitions do not require a filing fee if filing as an abused spouse, and if approved, gives the applicant certain benefits. 

Where is the abuse, he sends her mean text messages.  Really?