Marriage Problems and GC Process

[khans]

I'm asking this on behalf of a friend of mine.

She came to the US on a visitor visa in November last year to visit her brother. While here she went through an arranged marriage to a US citizen (mid Feb). Since then the marriage has been nothing been trouble. Examples of problems include

- husband waiting until the last possible second before the expiration of her visitor visa to file for her GC (May)
- husband refusing to file her EAD and TD to maintain "control" over her
- relegating her to effectively a servant in his household
- constant psychological abuse from both the husband and his mother
- threatening to end the marriage / send her home

She just got fingerprinted for I-485. She's a very traditional girl and really wants to make it work, but knows there are a lot of problems and asked me to look into what her options are.

So I ask the more knowledgable people on this forum - what are her options in this situation? Should she continue to endure this nonsensical treatment to get her GC? Should she end the marriage - what would her options be then?

Help please.

thanks.

[LucyMO]

Well, she really doesn't have any options, if she divorces him. She will need to leave U.S. immediately.

If she stays married to him, the abuse won't stop. There are no guarantees that he will go to the interview with her and will play by the rules to help her get a gc. he may screw it up for her at any moment. Let that be a lesson to anyone who is entering an arranged marriage for GC purposes.

She doesn't need her husband to apply for EAD. Just enclose a copy of notice of receipt for I-485 to an application for I-765 and a couple of photos and a fee (which may prove difficult, but she has friends like you). She will have her work permit really soon. Now, will it aggravate the husband - probably.

Where did they file? Does she have proof that he filed the applications? she needs to have the notices of receipt in her posession. If she ever needs to prove she was here legally - they will serve as a proof.

[khans]

Just to clear up some confusion - she didn't go through an arranged marriage to get a GC - it's arranged in the indian subcontinent sense of arranged - i.e. 2 families get together and ask their kids if they want to get married and if the kids say yes they go ahead with it.

She lives in Virginia and filed in May. She has all relevant documents (I-485 receipt, finger prints receipt etc.) on her.

thanks.

[LucyMO]

oh, I see. I apologise.

Well, then - is she going to stay in that kind of abusive marriage? she needs to make a choice for herself. In case of a divorse, she needs to leave the States in order not to accumulate any illegal presense.

[GeorgeF]

Just out of curiosity, since I'm not familiar with traditional Indian marriages... What would happen if this was in India? In other words, what would happen if there wasn't an immigration issue but "just" bad marriage?
Thank you.

[atbaig]

Geroge,

He will get beaten up by her family. If she has no family, well thats very rarely true in the sub continent. She can call police, ask friends, neighbours for help.

She can divorce him and still stay here but she needs help from a good lawyer and she needs to document all the abuse. She has to have a solid proof of abuse. Talk to a lawyer.

Baig

[khans]

George,

If this was in India (or Pakistan) this would end in a divorce as well - no different from here.

atbaig, LucyMO,

Is I-360 applicable here?

thanks.

[atbaig]

I am not sure.. Please consult a lawyer.. They are usually not expensive for immigration purposes.

[LucyMO]

lawyers are always expensive, especially for immigration purposes.

I am not sure if 360 will apply here. I know that if she had a conditional card already, she could divorce him and still get an unconditional card with the help of a lawyer and well-documented abuse.

If she doesn't have even an unconditional card, well, then she doesn't have a chance.

[khans]

Could she switch to a student or work visa without leaving the country?

thanks.

[detroitimmi]

sounds like your main question is "how can I get out of an abusive marriage without jeopardizing my legal residency in the US?"
Could you not ask an immigration attorney if you can switch to F1--it would be hard to revert back to non immigration status I believe. In this case an attorney--expensive or not--is the only recourse, unfortunately.
She could try for an H1, also with lawyer's help. A green card is at stake, right? That's what keeping her from going "non traditional?" I mean why else would a young woman with self respect want to stick it out in a marriage where the spouse is so horendously disrespectful to her? I don't understand what is so "traditional" about wanting to stay put in an abusive relationship. Why not just name the motive--it is understandable--she can't leave because that would force her to leave the country as well. It is hardly "traditional" or "Indian" to live with abuse.

[kchoro]

I kinda have the same problem, I'm been married for 3 years and just a week ago she tell me she is lesbian.(no wonder so many problems, I lover but I also don't wanna live with some body that is not willing to get some help, I know she is confused. If I get the divorce can I get my green card just because is not my foul that she is lesbian ???????? please help

[GotPR?]

Originally Posted by khans

I'm asking this on behalf of a friend of mine.

She came to the US on a visitor visa in November last year to visit her brother. While here she went through an arranged marriage to a US citizen (mid Feb). Since then the marriage has been nothing been trouble. Examples of problems include

- husband waiting until the last possible second before the expiration of her visitor visa to file for her GC (May)
- husband refusing to file her EAD and TD to maintain "control" over her
- relegating her to effectively a servant in his household
- constant psychological abuse from both the husband and his mother
- threatening to end the marriage / send her home

She just got fingerprinted for I-485. She's a very traditional girl and really wants to make it work, but knows there are a lot of problems and asked me to look into what her options are.

So I ask the more knowledgable people on this forum - what are her options in this situation? Should she continue to endure this nonsensical treatment to get her GC? Should she end the marriage - what would her options be then?

Help please.

thanks.

Do research how expensive the divorce is in the US(sure it's expensive) and let her husband know the cost. He may try to make it work.

[LucyMO]

GotPR, this topic is three years old. I am sure they have resolved the problem by now (somehow)....

[GotPR?]

Oh, I didn't notice it that old.. I hope they have resolved the problem in good way.

[okongo]

I think if she gets her conditional green card she can file to have the conditional status removed on the basis that she is in an abusive relationship/marriage. That would be a way that she might be able to stay in the US. But she has to get her conditional green card first.

[LucyMO]

and she needs to have proof that the marriage was abusive. Proof!!!

[kchoro]

We are been married for 3 years and my wife just came out of the closet telling me she is lesbian and refused to go to counseling, now there is really nothing I can do I love her and I really want to work things out. Now my question is what can i do if we get the divorce? can i still get my permanent green card? I got married in good faith and is not my foul she is lesbian now, you know?. We file under the program DORA in Dallas,tx interview when ok but I'm stuck in name check
and still waiting until to date for green card. the interview was done 10/30/06. I got my EAD. what can i do?what will happened to me?