marriage termination

[tarakonas]

Hello,

I'm foreign country citizen, and I'm married to US citizen. I live in US and have sent docs to INS for status changing, but didn't receive work permit yet. I'd like to ask about all possible marriage terminations - with or without my permit to do it.

I really need help, thanks.

tom

[VivaLasVegas]

It depends on the basis of your marriage termination.

If you have been subjected to extreme mental cruelty you can file the form I-360 with the Vermont Service Center which on approval will give you an immediate immigrant visa.
check this URL for the battered spouse information:

http://www.ins.usdoj.gov/graphics/howdoi/battered.htm


The INS gives you a work permit while your application is pending adjudication.

Consult a good immigration attorney to help you with this case as it's getting quite complex.

Good Luck

Sachin

[tarakonas]

Thanks for reply!

But this isn't about cruelty, just my wife (US citizen) is thinking about divorce, and I, of course, don't want it. So, I'd like to know what are possible ways she can terminate our marriage. (she's evil - she even can report to INS that our marriage is fake, which isn't)

i'm trapped

tom

[VivaLasVegas]

Tom,

Is she exploiting you?? demanding money?? all these are examples of battery or domestic violence.

If she is you can file a local police report and seek counselling.
Is she having an affair?? If she is seeking divorce to marry someone else you can prove that you married her for the right reasons but she didnt.

what state do u live in?? Every state has its own divorce laws.

Also gather as much proof as you can against her.

1. joint bills you both have / bank accounts / car title may be an insurance policy.

you said she is a cruel person. I would say safe guard your money your assetts.

I would highly recommend that you consult and immigration attorney. If you dont have one I can recommend one to you.

let me know and keep us posted

Sachin

[tarakonas]

Well, the situation I have is a bit more complicated, because I don't want to report to police and I don't want do anything at all, just stay married. Of course, if I would have no choice, I'd use something against her. So my question, I asked, was What she can do to terminate our marriage with or without my permission.

thanks
tom

[VivaLasVegas]

Tom,

Like I said before. Domestic Relations laws differ from every state. In Florida you can file for a divorce just because you want to. You can file the divorce as Contested or Uncontested.

I hate to say this but if she wants to file for a divorce she can .. it may take a lot of time to get it processed but yes its very much possible with or without your consent.

Do consult an immigration attorney / divorce attorney because your immigration status in the US is at stake.

Let us know if you need any more help.

Sachin

[diavon]

Battery is literally the act of battering someone. It requires physical touch (as opposed to assault which can just be the act of raising a weapon with or without touch).

So, your wife telling you that she will report your marriage as fake to the INS may qualify as black mail but it most certainly is not battery.

Be very critical of the advice you receive on this board and contact an attorney before you take any important step.

[VivaLasVegas]

Battery can also be defined as but not restricted to verbal abuse / mental abuse / exploitation.

it all falls under the domestic violence category.

Yes this forum is to help you with immigration issues. It is always suggested and recommended that you consult an attorney to handle these cases.

[diavon]

battery

from law.com dictionary

n. the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight. Negligent or careless unintentional contact is not battery no matter how great the harm. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. It is often coupled with "assault" (which does not require actual touching) in "assault and battery."

or from nolo.com dictionary

A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behavior or how severe the injury. A fist fight is a common battery; being hit by a wild pitch in a baseball game is not.

or from merriam websters:

1 a : the act of battering or beating b : an offensive touching or use of force on a person without the person's consent


Get your definitions straight. Domestic violence as mandated by INS laws may include verbal or mental abuse. I dont know that and you probably know better on that issue. But battery is different from verbal or mental abuse. Someone black-mailing or using invectives or even racial slurs is not committing the act of battery. They maybe or may not be breaking other laws, but they are not committing battery.

[VivaLasVegas]

Thanks for pointing that out!!

Although battery can come under domestic violence.

What I meant to say was verbal abuse / mental abuse etc are all examples of domestic violence.

any way thanks again

[tarakonas]

Thanks for replies!

tom