consiglere
Registered Users (C)
This post is for a friend of mine. She needs some help and advice on what to do for this situation:
please help me post it and email me the thread name/link...thank you
Please can someone please help out with my situation. I got married to USC last year in March 2007, he is 10 years older than me. We were both in love and we both married through mutual consent. We had been engaged to be married since September 2006. When we got married, I was working in F-1 OPT status. I am an engineer who went to college in the US, and my company was ready to sponsor my H1B visa and then my green card/labor certification after 1 year. I just did not pursue this route further since my husband and I were getting married.
After our marriage, my USC spouse became very psychologically abusive to me. He would also push and shove me around very frequently. He blamed me for his lack of business and many other things. I lived in a constant climate of fear and sadness. He applied for my green card and I received the conditional card in August 2007 after the AOS interview where it was established we had a bonafide marriage. We had pictures with family and friends, joint checking account, proof of cohabitation, joint investment account, joint dental insurance, joint dental bill, cards to both of us, trip tickets together etc.
In January 2008, my husband shoved me so hard that I injured my arm. I never called the police because I was afraid of my husband. He also threatened to kill me several times if I ever left him. My husband would tell me that he had other women just waiting to take my place, and that the only reason that he married me is because I was smart because he had other beautiful and rich women. It is at that point I began to get counseling from a therapist and decided I needed to leave my marriage. I realized that domestic violence escalates and staying would be dangerous for my life as I did not know when he could snap. My husband has always in our marriage threatened to call immigration to deport me many times, using his sponsorship of my green card through marriage as a means of control. Before the AOS interview, he would threaten not to attend the interview. After the AOS interview when my conditional card was granted in August 2007, he would threaten to call immigration and tell them lies that our marriage was fraudulent so that I could be deported. I moved out of the home where we lived together at the end of Feb. 2008 and filed for divorce in Feb. 2008.
After I moved out, he sent me an email in March 2008 that he still loves me. In that same email he stated that he choose not to file annulment because he should not prevent me from succeeding in the US now that I have my green card. That at the end of the day he still loves me, he said I should get the divorce paperwork ready and he would sign but that it is so diificult without me and that he loves me. I had already petitioned and filed the divorce with the court at this time. He was served with a petition for order of protection few days later so he would not harm me. Now my husband has responded to the divorce petition and has also filed a counter-petition for annulment on grounds of fraud stating that our marriage was never valid because I only married him for immigration status. He claims that he never abused me which is untrue. He also states I am lying about abuse just to keep my immigration status.
I never committed fraud nor am I lying about the abuse. My parents in my home country know of our marriage and we have visited his family together in the States. I visited my home country last Xmas and his family members came to my parent's house to meet me in person since we got married in the US.
I believe that my husband knows that I did not marry him fraudulently but he is just doing this to retaliate against me because I am seeking an order of protection so that he will not harm me. He knows that getting an annulment based on fraud will jeopardize my present immigration status and any future application for any immigration benefits. I did not commit fraud, I just did not want to be abused anymore. In fact, the way that I think about it is that if truly my husband was not abusive to me and I was in this just for green card, why would I jeopardize my green card status by filing for divorce before the removal of conditions was completed in 1 yr 9 months. I am not sure how to deal with this, and do not know how a USC can prove allegations of fraud by their alien spouse in order to be able to obtain annulment of the marriage.
him and his attorney in their response also stated that I have a 4.0 GPA and that I am very intelligent and I'm just making the abuse up. He also attached a copy of my expiring OPT card (which expired in April 2007, one month after we got married) as proof of fraud and he is lying that he never knew my immigration status until after we got married. Yet he was aware that my company was going to send me to a location in Canada in between my OPT expiration and when the H1B would kick in on October 1st. He said that he did not want to be apart from me ever and that I should not pursue the employment based visa route since we were getting married. Please someone help me.
please help me post it and email me the thread name/link...thank you
Please can someone please help out with my situation. I got married to USC last year in March 2007, he is 10 years older than me. We were both in love and we both married through mutual consent. We had been engaged to be married since September 2006. When we got married, I was working in F-1 OPT status. I am an engineer who went to college in the US, and my company was ready to sponsor my H1B visa and then my green card/labor certification after 1 year. I just did not pursue this route further since my husband and I were getting married.
After our marriage, my USC spouse became very psychologically abusive to me. He would also push and shove me around very frequently. He blamed me for his lack of business and many other things. I lived in a constant climate of fear and sadness. He applied for my green card and I received the conditional card in August 2007 after the AOS interview where it was established we had a bonafide marriage. We had pictures with family and friends, joint checking account, proof of cohabitation, joint investment account, joint dental insurance, joint dental bill, cards to both of us, trip tickets together etc.
In January 2008, my husband shoved me so hard that I injured my arm. I never called the police because I was afraid of my husband. He also threatened to kill me several times if I ever left him. My husband would tell me that he had other women just waiting to take my place, and that the only reason that he married me is because I was smart because he had other beautiful and rich women. It is at that point I began to get counseling from a therapist and decided I needed to leave my marriage. I realized that domestic violence escalates and staying would be dangerous for my life as I did not know when he could snap. My husband has always in our marriage threatened to call immigration to deport me many times, using his sponsorship of my green card through marriage as a means of control. Before the AOS interview, he would threaten not to attend the interview. After the AOS interview when my conditional card was granted in August 2007, he would threaten to call immigration and tell them lies that our marriage was fraudulent so that I could be deported. I moved out of the home where we lived together at the end of Feb. 2008 and filed for divorce in Feb. 2008.
After I moved out, he sent me an email in March 2008 that he still loves me. In that same email he stated that he choose not to file annulment because he should not prevent me from succeeding in the US now that I have my green card. That at the end of the day he still loves me, he said I should get the divorce paperwork ready and he would sign but that it is so diificult without me and that he loves me. I had already petitioned and filed the divorce with the court at this time. He was served with a petition for order of protection few days later so he would not harm me. Now my husband has responded to the divorce petition and has also filed a counter-petition for annulment on grounds of fraud stating that our marriage was never valid because I only married him for immigration status. He claims that he never abused me which is untrue. He also states I am lying about abuse just to keep my immigration status.
I never committed fraud nor am I lying about the abuse. My parents in my home country know of our marriage and we have visited his family together in the States. I visited my home country last Xmas and his family members came to my parent's house to meet me in person since we got married in the US.
I believe that my husband knows that I did not marry him fraudulently but he is just doing this to retaliate against me because I am seeking an order of protection so that he will not harm me. He knows that getting an annulment based on fraud will jeopardize my present immigration status and any future application for any immigration benefits. I did not commit fraud, I just did not want to be abused anymore. In fact, the way that I think about it is that if truly my husband was not abusive to me and I was in this just for green card, why would I jeopardize my green card status by filing for divorce before the removal of conditions was completed in 1 yr 9 months. I am not sure how to deal with this, and do not know how a USC can prove allegations of fraud by their alien spouse in order to be able to obtain annulment of the marriage.
him and his attorney in their response also stated that I have a 4.0 GPA and that I am very intelligent and I'm just making the abuse up. He also attached a copy of my expiring OPT card (which expired in April 2007, one month after we got married) as proof of fraud and he is lying that he never knew my immigration status until after we got married. Yet he was aware that my company was going to send me to a location in Canada in between my OPT expiration and when the H1B would kick in on October 1st. He said that he did not want to be apart from me ever and that I should not pursue the employment based visa route since we were getting married. Please someone help me.