I need help! Physically separated from American Spouse - I have a Conditional Green Card

[da95826 387]

Divorce is no fault almost everywhere in the USA, you can file just because you don't want to married anymore citing irreconcilable differences. Your spouse can not stop you from filing for and getting a divorce. 

 

If you want a divorce then file for one right away. it is up to you no need to wait for your spouse. 

 

Take control of your situation and make what ever move that make sense for yourself. prepare a i751 waver for abuse if you have evidence of  physical and emotional abuse, or file for divorce and later file an i751 waver for divorce.

 

I personally think a divorce waiver case is easier you just need a divorce no additional proof needed beyond good faith marriage proof you need for all i751 cases anyway. 

 

[NikLR 13,227]

Divorce waivers are much easier than abuse waivers.  
 

Ideally the OP should file for divorce. A person can’t force you to stay married. It doesn’t matter if they don’t sign. Eventually the divorce will be granted.

[Lenchick 133]

On 11/2/2020 at 5:13 PM, Ray.Bonaquist said:

In just two years? Wow you rock!

it is not that hard once you've got a job. After a year being in the area where I am now, I've made at least two friends. If I pursued the goal to make  friends/ find support, I would've made even more friends for this time frame.  

[Jenny15 22]

I was on the same situation as yours but I just got lucky coz my ex filed for the divorced. I had an attorney as I need to know the proper way filing for self petition. The women’s desk and my attorney advised me to do a self petition within 6 mons after finalization of my divorced and that’s what I did. 
 

You have to gather all your proof of genuine relationship from K1 to 2yrs GC. They’re more concerned of how genuine your relationship than your story how bad he is. But of course you still need to gather all your accusations against your husband. No matter how small the details are it’s still helpful. 
 

Expect as well that you’ll have an interview especially when they’re not satisfied of your evidences. 
 

You’ll be fine. You got this!  

[Electrichead64 29]

What state do you live in?  Most states in the union are community property states.  *I*, *I*....

Hence the problem.  Marriage is a commitment.  I can totally understand why your husband might think you deliberately tried to sabotage the marriage and cover it up.

There's no such thing as being blinded by love.  You can be blinded by infatuation, but love is what you do, not what you feel.

[NikLR 13,227]

On 11/8/2020 at 4:59 PM, Lenchick said:

it is not that hard once you've got a job. After a year being in the area where I am now, I've made at least two friends. If I pursued the goal to make  friends/ find support, I would've made even more friends for this time frame.  

Meh I've made friends and lost friends here.  But I'd still return to Canada if my husband and I divorced.  That's where my family is which would be my real support system, not the few friends I have here. But some people don't have that kind of family which I totally understand.

Edited November 10, 2020 by NikLR

[NikkiFromCanada 233]

I am filing paperwork today. No divorce has been filed and I am afraid to do it because I am afraid my ex will find me and contact me. I am filing with the abuse waiver if I can figure out exactly what to form to file. It's not about doing what's easiest for me, it's about the truth. I have plenty of proof of extreme emotional abuse, controlling, intimidation, threats, etc. Does anyone know what form I need to file for the renewal of green card with abuse waiver? Any help is greatly appreciated!! 

[neca 166]

16 minutes ago, NikkiFromCanada said:

No divorce has been filed and I am afraid to do it because I am afraid my ex will find me and contact me.

https://www.peoples-law.org/protective-orders

You can start here, if he's not legally able to contact you or see you then that theoretically affords you peace of mind.

 

19 minutes ago, NikkiFromCanada said:

It's not about doing what's easiest for me, it's about the truth.

Getting a divorce to me seems like it'd be both the easiest thing to do and the most honest representation of your relationship.

 

I can't help you with what forms you need to fill out, so this post isn't directly helpful, but have some resources for people in your situation!

 

A list of domestic abuse resources

Mental health resources

Women's Law Center of MD, can potentially help with divorce

 

Your mental health is very important, I would argue that it's the most important thing for a human to focus on. I obviously don't know you and your specifics, but please don't be afraid to affirm and take care of yourself. Hope this comes to an amicable conclusion.

[milimelo 4,475]

It’s the same form I-751. Just tick the appropriate box. 

[da95826 387]

You file an i751 and select the waiver option(s) that apply to your case. You alone will sign as the petitioner no need for spouse's signature in an i751 waiver case.

You will need to provide proof of abuse and proof of a bona fide marriage up to the point of separation in your i751 application. Tax transcripts, joint accounts, old joint lease, W2. police reports, medical records, reports from batter spouse resources, shelters.  Submit all the proof you have.

Be sure to include a cover letter outlining your marriage and what happened.

[NikkiFromCanada 233]

On 3/27/2021 at 1:41 PM, neca said:

https://www.peoples-law.org/protective-orders

You can start here, if he's not legally able to contact you or see you then that theoretically affords you peace of mind.

 

Getting a divorce to me seems like it'd be both the easiest thing to do and the most honest representation of your relationship.

 

I can't help you with what forms you need to fill out, so this post isn't directly helpful, but have some resources for people in your situation!

 

A list of domestic abuse resources

Mental health resources

Women's Law Center of MD, can potentially help with divorce

 

Your mental health is very important, I would argue that it's the most important thing for a human to focus on. I obviously don't know you and your specifics, but please don't be afraid to affirm and take care of yourself. Hope this comes to an amicable conclusion.

Thank you. I've been in therapy since I left him. I found the forms I need to fill out to renew my Green Card with an abuse waiver. I appreciate you responding!!