Diverse while I-485 pending

I

infok

Registered Users (C)
It is for one of my friend regarding Diverse

One of my friend’s husband has been threatening her with canceling her Green Card. She thought he is not really going to cancel it. But it turned out to be they are heading in that direction. Here I am giving details.

They are in the Adjustment of Status stage (I-485 with VSC). They did receive FP notices couple of weeks back and they were supposed to go for Finger Printing on Friday last week. She was told by her husband not to go for Finger Printing and he refused to give her copy on the day that they were supposed to go for Finger Printing. He alone went and had his FP done. He has been treating her really bad for couple of years and they also going for marriage counseling.

My question is what options she has at this point? Can he do that (not letting her to take her FP). Since she can’t go for Finger Printing is INS going to cancel her I-485. She already got her EAD.

Thanks a lot

JK
 
call the lawyer

Call the lawyer. He might have a copy of the FP form? Tell him what is happening?
 
Consult An Attorney

Also, she can take him to court and win if she can prove that when she married him she did not marry him for the greencard, even though they subsequently moved for a divorce.

 Also she should contact Manavi or some such organization...
 
There are protections for victims of Domestic Violence

Domestic violence victims have their immigration status protected in most cases. Consult a good immigration attorney since this will become very fact specific.

Jim
 
Basic human values needed

This is outrageous. If the woman is totally dependent on this idiot, he should at least have some sense of humanity and fairness towards his wife and not stop her GC, regardless of their personal quarrels. I don’t understand why so many people think of GC as nirvana and neglect basic human values. I haven’t heard of anybody living (happily!!!!) forever after getting GC.
Anyway, this case is a no-brainer. If she gets a good attorney, or gets help from Manavi as esbee says, she should be able to get her GC. FP is the last rite you have to carry before getting your GC, save an RFE. She can also try to get a copy from her lawyer, as mysven suggests. Infok, you have a chance to make a difference in this unfortunate person’s life.
 
basic reasons for conflict

I think the basic reasons for conflict are problems arising out of needless talk and difference of opinion

example

if one person says \'lets go two blocks down to find the place and the other person says no we should go back\'

The place maybe two blocks down or two blocks back

but for no reason at that point there is an argument stemming out of the fact that both do not know if it is two blocks down or back

I think that life can be lived without a lot of needless arguments

My suggestions to both the Husband and the wife is to avoid needless
arguments and to hold each other tight and cuddle up before going to sleep

It is best to go to sleep with a happy mind

Both the husband and wife if they divorce and find other partners I am sure that they will have the same problems and petty arguments.

They should rise above all this and try to improve their life

I dont think that going around the main issue and obtaining the documents from lawyer etc etc and going for fp is correct

The husband can withdraw affidavit of support and refuse to allow his wife to get the green card

Hence best solution is to somehow solve the main issue
which is the mysteries of marriage and try to live a happy life

If the major issue that is the marriage problems are solved - green card and other minor issues will be easily tackled
 
Divorce is dangerous. You will not think of it if you read below.

One of my friend (couple) has been arguing/quarrelling over small differences to big differences. The husband was more abusing and went to jail and after lot of efforts the girl released him from jail/expunging the records. They went on counselling too. But nothing helped. Finally they decided to separate and they guy kept on bothering her and finally he committed suicide. They also had a child in between. End result - The girl is a widow now with a kid and troubling to raise.
Please solve your differences amicably yourself or with the help of real friends/elders othewise you will loose the gift of life. I do not want to go into details but thought this will discourage divorce/abuse.
 
The problem in your friend\'s very unfortunate case was not the divorce but the abuse

Abuse also tends to escalate over the course of years and have a drastic effect on children that are brought up in abusive homes. Most of these children either are later abused themselves in relationships or they become the abusers.

It\'s a tragedy and the cycle of abuse needs to end somewhere. Unfortunately, it normally ends in either divorce or death, and in you\'r friends\'s case it ended in both.

I\'m very sorry to hear about what happened to your friend and the family. Everyone normally get\'s hurt in these type of situations. There is no winning, only degrees of losing.

Jim
 
Jail

Please advise the wife to go to a pay phone and call one of these Domestic Violence hotlines [Depending on the State you live in] and get this SOB sent to jail. I am positive he\'ll won\'t be such a tough guy when the cops come to haul him away.

There are enough organizations out there that take care of battered women and the INS will at least have a positive attitude towards her immigration situation.
 
jail

Yes - u will succeed in sending the sob to jail and what will happen next

He will be let off with a fine
His green card application will be cancelled
He may resort to violence again with his wife
The marriage will definitely get over
and both the husband and wife will be back in India
repenting
and finally everyone loses

which couple in their life dont have problems

best method is to overcome problems and to be happy with each other
do not try to act tough
it never works
 
No Title

RsGRC:

 Just because the husband withdraws support does not mean she does not get the green card. She must consult an attorney. This is a legal issue - its gone beyond addressing the \'main issue\' you are refering to.
 
Divorce is not a solution, it is a escape.

Divorce is not an alternative. It is a escape from a problem. It is a temparary relief but it is a shadow for the entire life.

I learned How painful is the life for a divorce lady from one of my friends.

She had been though the same Divorce process and she realized very late that she made a biggest mistake in her life.
She lost her valuable 6 years, so much pain, mental tension, remarriage trials, failures, blames what not. Finally she found a ordinary guy, she had no choice and got to marry some one. She is good looking, educated girl, but ruined her own life with supid decision.
Imagine how much she was depressed all though 6 years, lost enjoyment, happiness everything.
What she gained by taking divorce is sorrowfull six years (lost peace of mind and young age). How happy she will be in future god knows but she had enough strain for her life.
 
And sometimes escape is the only solution

Yes, sometimes divorce makes things worse, and sometimes the woman stays and gets beaten to death by the abuser.

All situations are different and to make unequivocal statements does not account for how horrible some abusive situations can become.

BTW, why would your friend "have no choice and got to marry someone" if she is good looking and educated? Did her new husband beat her up like your friend\'s ex husband apparently did?

Sometime you try getting beat up a couple times a week by someone who is physically much stronger and larger than you are and I think you will see what I mean. Some people don\'t listen to reason and since the physical fighting skills are nearly always with the man, what choice does the woman have if the man will not listen to reason? I see two: 1) stay, take the abuse, and hope to survive, or 2) escape.

Jim
 
Kishan : what made you think this is not an Indian couple.

I know this would be a different topic on this board --- ofcourse not a philosophy something practical of our life.

I have seen so many cases of divorce(s) going on thru this board most of them were Indians, it seems that
we are trying to change our culture and pick/adopt unwanted things, we go upto any extend and doesn\'t
care about the cost we have to pay for. I am not blamming them, also I can understand the pain they
are going thru, but one most important thing we should remember is OUR CULTURE why our parents
or grant parents didn\'t file for divorce ? why these things are coming up more recently. May be these
unfortunate couples dont\' have there parents here to control or good friends to stop them from doing great
blunders, these people need more love/affection/guidance from others including friends & relatives.
May god bless them and all of us.
 
hobo-i read the article that u talked about -It is reproduced below- thank u for sharing this with a

Updated 01/24/2002: Eligibility Changes in Battered Spouse Self Immigrant Petition

On October 28, 2000, the President signed into law the Battered Immigrant Women Protection Act. Before this law was enacted, a battered spouse of a U.S. citizen or permanent resident could file the I-360 self immigrant petition only if the battered spouse had remained in marriage at the time the petition was filed.
The new law changed this requirement. Under the new law, the battered woman can file a self I-360 immigrant petition even if the marriage was termined before the filing of I-360 immigrant petition "inasmuch as" the marriage was terminated during the 2-year period immediately before the filing of the self-petition.
This new law applies to all self-petitions pending on or filed on or after October 28, 2000.
However, if a self petition was denied prior to October 28, 2000, she can still make a case if she proves that (1) termination of marriage before the filing of petition was "sole" ground for denial, and (2) the marriage was termnated within 2-year immediately preceding October 28, 2000. Such self petitioner may file a motion to reopen with the Vermont Service Center.
Mr. Michael Pearson, executive Associate Commissioner, Office of Policy and Planning, INS issued a memorandum to all the INS field offices on January 2, 2002 reminding them of the change of legal requirement for I-360 self-petition. Important memorandum and law for the battered spouse of a U.S. citizen or permanent resident who seek a self immigrant petition.

This was copied from immigration-law.com (breaking news section)
 
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