Filipina threw out by husban

[sister4ever 0]

I have a friend she's been here Dec 2012, she's done biometrics for her green card. Her husband told her hes gonna call the immigration to send her back to the Philippines. Does her husband have the right to send her to the Philippines even she have the papers proving the they process her papers?

[I AM NOT THAT GUY 5,715]

How is she here? Tourist visa? K-1?

If they are adjusting status, and the husband doesn't want to be with her any longer, she needs to file under VAWA on her own. Be a friend and give her sanctuary away from her abusive husband.

http://www.visajourney.com/forums/forum/127-effects-of-major-family-changes-on-immigration-benefits/

[RickJovi 81]

How is she here? Tourist visa? K-1?

If they are adjusting status, and the husband doesn't want to be with her any longer, she needs to file under VAWA on her own. Be a friend and give her sanctuary away from her abusive husband.

http://www.visajourney.com/forums/forum/127-effects-of-major-family-changes-on-immigration-benefits/

She can't file a VAWA Waiver as the poster related the husband wanted her to leave. There is no mention about abuse so the waiver would not apply. Since she is adjusting status and has not received the green card, she cannot stay as the husband wants her to leave. The husband has a right to cancel her adjustment of status at any time prior to her receiving the green card and revoke the support affadavit. If they had to go to an interview to get the green card , he can simply inform USCISs he no longer wanted to pursue adjusting her status. She had better have a strong documented case of abuse to file a VAWA. Waiver, which telling her he no longer wants her here and to leave is not abuse but his right as long as she has not received her green card and is still in the process of obtaining it.

[I AM NOT THAT GUY 5,715]

I am sorry how misinformed you are. He threatened his wife with deportation. That is verbal abuse. VAWA doesn't require a high burden of proof. The presumption lies with the victim.

[sister4ever 0]

We check her status today and says that they will mail her green card and approved since yesterday. Do you think her husband can still deport her?

[I AM NOT THAT GUY 5,715]

We check her status today and says that they will mail her green card and approved since yesterday. Do you think her husband can still deport her?

No. Only the government can deport her.

[I AM NOT THAT GUY 5,715]

Also, she has rights by virtue of being married. If he continues to abuse her, she should call the police and file a police report. Then, if the husband decides to divorce her, which is his only recourse, then she can file to have the conditions removed from her green card once the divorce is granted. She should talk to a lawyer as soon as possible.

And makes sure she checks the mail before her husband does!

[TBoneTX 45,008]

*** Thread moved from General Immigration Discussion to the Effects of Major Changes forum as a more pertinent location for this topic. ***

Edited September 23, 2013 by TBoneTX

[Brian1967## 119]

Wow Patrot.. I did not know a man could say you need to go back home becuase he feels the marriagevis not working, what if this person fron PI was abusing the USC? I think all of us are looking at this with limited info. And to OPif they mailed the green card it is to late, the immigrant and get a mew address and ask and pay for a new one

[Villanelle 4,122]

Lol. I think people just need to use their common sense here. Theres a huge difference between saying to someone- hey things arent working out, I think we should break up and you should move out and go back home to your parents. You have a right to make that statement during a break up, and if your partner happens to be from another country and that means they would be leaving the US- so be it. Just like you have the right to say to another USC you are breaking up with and living with hey I think we should break up and you should move out with out being accused of threatening to put them out on the street and make them homeless.

Theres a huge difference between that and the USC who threatens deportation to the alien they are married to. A threat of deportation is usually he/she told me if I did not do exactly as wanted I would be deported. Thats not true. Thats a false threat of intimidation. You cant intimidate someone with deportation. Thats abuse. .

Because of the limited info in the post its hard to tell which situation the above is. Perhaps things just didnt work out between the couple and the husband said to the wife, its over you are going to be deported now since we broke up goodbye best of luck. Well, hes wrong. She has her card as it has been produced. Shes going to have to attempt to ROC when they divorce if she wants to keep the card so she should get herself over to the ROC forums. Sometimes people say nasty things to each other during break ups. A lot of USCs are under the impression that the alien is only entitled to the benefit as long as they are married and if the person is not with them then they dont get the benefit and perhaps if they broke up sooner and he withdrew his support prior to the card being issued he couldve stopped the card from coming, but at this point its too late.

Or perhaps the man is abusive and has been making statements like this throughout the marriage and she put up with it because she believed him (that he could deport her- which is kind of odd because she shouldve went to that class about abuse) and this final him kicking her out was the last piece to it. But again at this point since the card was issued she needs to realize her status is safe for now and his threats are meaningless. She needs to shift her focus to ROC and divorce and move on.

[Sandra G. 5,043]

To prove mental abuse the alien must prove humiliation,control,degradation,isolation etc..the alien must have a psychological evaluation showing major depression or pos traumatic disorder, just saying "i will call Uscis to deport you" is not mental abuse, the threat of deportation must show a pattern of mental abuse. The ALIEN MUST PROVE mental abuse not only with her/his testimony but with a psychological evaluation stating the alien suffered extreme cruelty and due the abuse the alien cannot function properly right now,her mental state changed completely., without proving these things is a waste of time to file Vawa.

[Cathi 5,740]

I am sorry how misinformed you are. He threatened his wife with deportation. That is verbal abuse. VAWA doesn't require a high burden of proof. The presumption lies with the victim.

you are jumping to conclusions. Merely asking his wife to leave and telling her she will probably have to go home is NOT abuse..I didn't see the OP say that there any threats or abuse whatsoever

[RickJovi 81]

I am sorry how misinformed you are. He threatened his wife with deportation. That is verbal abuse. VAWA doesn't require a high burden of proof. The presumption lies with the victim.

I found this. Telling her to leave to me is not considered abuse, but if he threatened her to gain control over her or intimidate her then it may be considered abuse. I guess she will try to file a VAWA waiver. It doesn't mean it will be approved. I guess we should know more about her story then taking her for face value. There is always two sides to a story. Why all of a sudden does he want her to leave? Maybe her attitude or demeanor changed once she married him an assumed that once she had her adjustment of status filed, her true nature could be revealed. I am not saying this is how it could have happened, but it could be a possibility. If her green card is in production and she receives it then her husband is out of luck and can not tell her to leave the country. He can't tell her to leave even if she did not receive her green card, but if he stopped it in time, he could report her to USCIS for deportation unless as you say she can prove a case for a VAWA waiver. I just think it is odd that her husband would spend all of the time, money and effort to get a wife here only to change his mind after filing AOS. Something a lot deeper than you and I know is going on. Only her and her husband know. There are a lot of Filipinas that use their petitioners for a green card only and the good ones stay married for what they were petitioned for and that is to be a good wife and starting a family. Well it is their problem to sort out.

http://www.nolo.com/legal-encyclopedia/proving-your-vawa-case-evidence-submit.html

Proof That You Suffered Abuse

It is crucial that you provide as much evidence as possible showing that you have suffered abuse. Some of the best evidence of this would be police reports or restraining orders against the abuser. If the abuser was arrested or convicted of physically abusing you, you can submit court records discussing this. If you saw a doctor because of abuse, submit copies of your medical records. Similarly, if you have seen a counselor or have gone to a domestic violence shelter, you can submit evidence of that as well.

Remember, you do not have to show physical abuse in order to qualify under VAWA. Emotional or psychological abuse may be enough. If you have seen a psychologist or have been prescribed medication by a doctor due to the abuse, submit evidence of this as well.

As always, if you have difficulty obtaining this type of evidence, you can submit declarations from family members and friends who have witnessed the abuse you suffered, or to whom you have spoken about the abuse.

[bigdog 376]

Intercept your green card before it disappears and get another plan to stay.

[I AM NOT THAT GUY 5,715]

Theres a huge difference between that and the USC who threatens deportation to the alien they are married to. A threat of deportation is usually he/she told me if I did not do exactly as wanted I would be deported. Thats not true. Thats a false threat of intimidation. You cant intimidate someone with deportation. Thats abuse. .

Exactly.