Abused: Need divorce, worried about GC

G

gc_menia

Registered Users (C)
Hi,

I need some suggestions.
My cousin was married to US citizen and came into US 45 days back. After coming to US, she realized that her husband is drug addict and he has been taking drug since last 10 years. She was even forced to take drugs otherwise he threatened her that he will go to another girl so initially she took drug once in pressure but then it was intolrebale.she was also forced to work 12 hrs/day for 35 days without any break. He and his whole family is fraud. After 35 days, it was impossible to live with him and his family so she called to her Parents (India) and me so I took her from her husband's home. She will be applying for divorce.

Now what can be done? I am little hesitant to do police report since we do not have any physical evidence but we can have her own affidivat as well as if police take his drug test then i am 200% sure that it will be positive since he has been taking many years.

Is there any way to save her greencard? remove condition's from GC without her fraud husband's help.

Also, Does anyone know any good divorce lawyer in NJ. My cousing was living in CA so is it necessary to have lawyer from CA?

Any help? any suggestions?
 
Last edited by a moderator:
You can still retain your GC based on the fact that you are in an abusive marriage, Under the Violence Against Women Act.
http://www.uscis.gov/graphics/howdoi/battered.htm

The first step is to talk with an Attorney immediatly, th elonger you wait the worse things can get. Do not let him know your intentions as he may lash back and you may be held laible for his drug use.

Please get out of that situation as soon as possible

I will pray for your safety and well being. Good luck
 
gc_menia said:
Hi,

I need some suggestions.
My cousin was married to US citizen and came into US 45 days back. After coming to US, she realized that her husband is drug addict and he has been taking drug since last 10 years. She was even forced to take drugs otherwise he threatened her that he will go to another girl so initially she took drug once in pressure but then it was intolrebale.she was also forced to work 12 hrs/day for 35 days without any break. He and his whole family is fraud. After 35 days, it was impossible to live with him and his family so she called to her Parents (India) and me so I took her from her husband's home. She will be applying for divorce.

Now what can be done? I am little hesitant to do police report since we do not have any physical evidence but we can have her own affidivat as well as if police take his drug test then i am 200% sure that it will be positive since he has been taking many years.

Is there any way to save her greencard? remove condition's from GC without her fraud husband's help.

Also, Does anyone know any good divorce lawyer in NJ. My cousing was living in CA so is it necessary to have lawyer from CA?

Any help? any suggestions?
Click to expand...

You already acted very wisely by removing her from that household. Your next step would be to find an attorney --- you do not mention which state you are in now. You do not necessarily need an attorney from CA for the immigration issues, since it is a matter of federal law --- if the divorce will be in CA, it would be a good idea to retain an attorney there. You may have to consult with both a divorce and immigration attorney.

Once you have consulted, you will probably initiate divorce proceedings and gather evidence of his drug use/abuse. As soon as the divorce has gone through, she can file I751 even if it has not been 2 years. She would need to prove good intent on having entered into the marriage --- with good evidence of the start of the marriage and the eventual turn for the worse, this should not be a problem.

But see an attorney in your area ASAP.
 
i have been there

First of all, you, guys, did great helping her out.
About your question. Yes, there is big chance for her to keep her GC and do it on her own without him or his knowledge.
I have been there and I know what I am talking about.
First, find someone who will do it for you since INS take this situation more seriously and with deeper consideretation when someone but not you represent a case.
Then you will have to file I-360 VAWA. You can check it out on the web site www.uscis.gov/forms
In order to present this type of case a spouse is asigned to prove abusive behavior of other spouse. If you don't have any police/ medical record that indicates some kind of abusive treatment, your friends, family members can write a letter telling their view and thier impression of your marriage. Also, your OWN stroy will play the biggest part of the process, so be ready to talk about things you might not want to.

Good luck,
Trust me, you can do it!

:)
 
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