Need advice for Abuse - on a Conditional GC now

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drskss

Registered Users (C)
hi - I have been married to a USC in May 2007 after coming to USA on K1 visa. I got my conditional GC in Oct'07. She has a lot of psychiatric issues and has abused me by threatening to withdraw my petition and also cutting off my phone, throwing me out of the house and insulting me in front of her family and friends. She made sure that our marriage was not consummated by lying that her health is not good and we have to wait sometime. She threatened to commit suicide and even attempted it once and was hospitalized. She is an alcoholic and has been arrested for DUI. Her parents said that she will take psychotherapy and she will be ok soon, and so I waited for so many days. But now she wants divorce saying that she never wanted to marry but was forced by her parents. I have all the proof of her emails and her phone recording. Please help me.

- drskss
 
Provided that the marriage was entered into in good faith, then you should have no problems removing the conditions on your greencard if you are divorced.
 
Mr.Elcupabras, please tell me if I have to wait, to file for the waiver, within 90 days of my conditional green card expiration or I can do it now. Also if I take divorce, how long does it take to be granted, please explain and thanks again
 
Do you mean apply to apply to remove the conditions of your greencard 90 days before the 2 year expiration....then yes, the same length of time still applies. Once you get your 10 year greencard and you are divorced, the only difference is that you need to wait 5 years from your original greencard issuance date in order to apply for citizenship....the 3 year rule would only apply if you are still married to the original petitioner.

As for the divorce....then that will depend upon the state that you are in, and how smoothly it runs with your wife etc.

Oh- and its Ms Elcupacabras (ha ha)....for some reason most people who respond to me think Im male (Ive been called 'dude' and 'man' so many times)....Im really a 27 year British female :p
 
Ms.Elcupacabras,

Thanks again and I really appreciate your reply. Is it better to talk to a lawyer before taking any steps and does my wife need to know that I will be applying an abuse case against her.
 
I definitely think at least a one time consultation with an immigration lawyer will help lead you in the right direction. One thing though I would definitely make sure it is an immigration lawyer and not just an average lawyer.
You might want to look on www.aila.org (American Immigration Lawyers Association) to find someone in your area who you could possibly use.

Another thing to look into when youre having your consultation/preparing divorce/removing your conditions is VAWA (violence against women act). Now I obviously know that youre a male, but VAWA was specifically set up to protect women who are going through the immigration process/adjustment of status/removal of conditions etc who victims of abuse from their spouses (whether it be physical or sexual).....so if you do some google searching, you may be able to come up with information about how VAWA has been able to protect males in the exact same situations (Im also sure that will be mentioned somewhere in the other forum that I sent you a link to previously)

Good luck :)
 
Oooops!!! Just realised that I made a mistake in one of my earlier posts to you.

You asked whether you should file the waiver now.....well Ive just realised that you file the i-175 waiver as soon as the divorce is final (ie, you have the divorce decree is in your hand).

I hope this hasnt caused you too much confusion.
 
no need for a divorce if you file I-751 waiver under abuse, no need to wait neither you can file it at any time but usually USCIS will find an excuse to deny it after couple years of waiting.
 
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