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Filed: AOS (apr) Country: Cambodia
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Posted

I know it’s best for people to make their own accounts here and ask questions, which I suggested, but for now I figured I would ask here my self to get some advice.

 

A friend of my wife has been married about 10 years.  She has been in America for 5 years and her and her husband have one child.

 

The husband has been psychologically abusive, controlling her and her money, and pretty much everything, etc.  No physical violence as far as I know.

 

She applied for her 10 year green card and has the extension letter.  She wants to apply for citizenship but her husband doesn’t want her to.  One time her husband tried to keep her ID’s and she said she would call the police, so he gave them back.

 

I suggested she consult with an immigration attorney on the best way to move forward, and possibly she could file for VAWA, but I’m not sure if she qualifies.  I also said if she has any fear for safety, she should call the police and get out of their (try a shelter or a friend, etc.), but I don’t want to advise that if it winds up making things worse / making him become angry and become violent, possibly.

 

That’s about all the information I have.  I suggested she make an account here to ask for herself (not sure she will), so figured I would ask if anyone has any other suggestions I can give her.

 

Thank you, and thanks to Visa Journey for all the questions I got answered while going through immigration with my wife 😊

Filed: Country: Jamaica
Timeline
Posted
13 minutes ago, magicant said:

I know it’s best for people to make their own accounts here and ask questions, which I suggested, but for now I figured I would ask here my self to get some advice.

 

A friend of my wife has been married about 10 years.  She has been in America for 5 years and her and her husband have one child.

 

The husband has been psychologically abusive, controlling her and her money, and pretty much everything, etc.  No physical violence as far as I know.

 

She applied for her 10 year green card and has the extension letter.  She wants to apply for citizenship but her husband doesn’t want her to.  One time her husband tried to keep her ID’s and she said she would call the police, so he gave them back.

 

I suggested she consult with an immigration attorney on the best way to move forward, and possibly she could file for VAWA, but I’m not sure if she qualifies.  I also said if she has any fear for safety, she should call the police and get out of their (try a shelter or a friend, etc.), but I don’t want to advise that if it winds up making things worse / making him become angry and become violent, possibly.

 

That’s about all the information I have.  I suggested she make an account here to ask for herself (not sure she will), so figured I would ask if anyone has any other suggestions I can give her.

 

Thank you, and thanks to Visa Journey for all the questions I got answered while going through immigration with my wife 😊

Since she already has her GC she can either file a divorce waiver or an extreme cruelty waiver for her I-751. Both are available to her if she decides to leave him. 

Phase I - IV - Completed the Immigration Journey 

 

 

Posted
57 minutes ago, magicant said:

A friend of my wife has been married about 10 years.  She has been in America for 5 years and her and her husband have one child.

 

The husband has been psychologically abusive, controlling her and her money, and pretty much everything, etc.  No physical violence as far as I know.

 

She applied for her 10 year green card and has the extension letter

You say she is married for 10 years…if that is true, she would have been granted a permanent card from the start..nor a conditional 2 year. 
 

You can check with her on

date of marriage 

date on her green card 

date she applied for I-751

 

 

Filed: AOS (apr) Country: Cambodia
Timeline
Posted

Pinkrlion, thank you for the comments.  I assume she should still probably consult with an attorney?  I believe she would need help in doing things properly and getting evidence to prove the marriage was legitimate.

 

Family, I see what you are saying, so maybe I wasn't given all the information /  correct information .  I was told she has been living here for 5 years and recently applied for the 10 year green card and has the extension letter.  And is eligible and wants to apply for citizenship.  So not sure of any other details at this time.  Will have to get more information.

 

Thank you both.

 

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Ask how many years she was married when she entered the US. She may have been given the 2 yr green card in error. Then all she would need is to send in a correction form to have the 10yr card issued. 

 

She has plenty of years as a permanent resident to naturalize under the 5yr rule and can do this even if she leaves her husband. She should talk to a lawyer about custody and divorce. She should do that then when she can talk to an immigration lawyer to help her file Naturalization. But double and triple check how long she was married at the time she entered the US. If she's been married nearly 10yrs sounds like 4-5 yrs before the move, so no way should she have been given the 2yr card unless it was in error. 

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Posted

@magicant how did your friend move to the US? What type of visa?

The first thing you should do is ask her to show you the passport she came to the US on… and her current green card. Also what is the extension letter she has? 
Did she move to the U.S. on a tourist visa and she is finally applying for status OR did she move to the U.S. with a K1 visa, a K3 visa (rare but possible), or an immigrant visa CR1 or IR1.

Once you find out this information we can help you and your friend further. 

Filed: AOS (apr) Country: Cambodia
Timeline
Posted

Yea so turns out it's a friend of my wife's friend, not my wife's direct friend.  A misunderstanding.

So I'm waiting for my wife to talk to her friend, so she can ask her friend these questions.  But seems they don't talk all the time.

 

Ya try to help, and then have to wait lol.  Her friend said that this woman was going to try and talk to a lawyer.

 

I appreciate all the comments and I will definitely report back when I get more information.

 

Thank you all very much.

Posted
11 minutes ago, magicant said:

Yea so turns out it's a friend of my wife's friend, not my wife's direct friend.  A misunderstanding.

So I'm waiting for my wife to talk to her friend, so she can ask her friend these questions.  But seems they don't talk all the time.

 

Ya try to help, and then have to wait lol.  Her friend said that this woman was going to try and talk to a lawyer.

 

I appreciate all the comments and I will definitely report back when I get more information.

 

Thank you all very much.

You are doing so much good for your friend. Thank you for helping her out. 
 

 
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