Married with child but wife is divorcing me

Rae E.

Registered Users (C)
Hello everybody...
After all the legal questions I was facing, I have been through the forum and decided to seek some help from you. Anything will be greatly appreciated...

Background: I came in US as an F-1 student, am 23 now and due to funds being sent late from my country at the time of registration, in the beginning of 05, i could not register on time and went out of status on my F-1 visa. During that timeframe, I and my girlfriend who was living with me (and still does), found out she was pregnant, and with the pregnancy, she could not go to work or anything. We had talked about marriage before, my parent were happy so I proposed her. My attorneys who were handling my reinstatement suggested I actually adjust my status to LPR instead of the problematic F-1 visa (it's a non-immigrant visa but i had a baby, + I was married so I would not convince the officers I wanted to be a non immigrant) and to be able to work.

Things went by, and now I received my biometrics apointment, and my lawyers are very confident in our hability to go smoothly.

Unfortunately, our marriage has also seen a lot. We have had hard time dealing with each other, I have been assaulted many times, and yelled at publicly in my wife's anger outbursts, which led her to jail. She has threatened to lie to officers that I assault her to try to have me deported, but fortunately, the officers, after hearing both sides have always sided with me. And after the abuses, partly thanx to phone records, I have found out now she might be having an affair with an ex. She says she can do whatever she wants, and have other relationships. She decided to move out, is paking up and now she is telling me she is going to file for divorce.

I am back to school now, and I really don't care much about the LPR if I cannot have it, except that I want to get the degrees for which i came, that I have a baby, that I'm so far the sole provider, and that I do wanna see her grow here without me having to get kicked out of here.

I have substantial proof that the marriage was bona fide and I am wondering, if she does file for divorce, do I have any legal avenues to pursue... and what should be my actions now.

Thanx so much for reading it through and if you have any suggestions I would deeply be grateful
 
Don't worry at all. If you have police report proofing that your wife treated you bad you just need to file an abusive spouse petition. You need to have a statement saying the all story with your own words and off course the reports beside a few affidavits of your both friends and family. If you want to make sure get a medical about your mental hurt also. The baby is more than a proof of the bona fide marriage. Your wife even will not know what's going on... More people are in the same situation than you think!
 
Thank you so much for your quick reply... I have known about filing it that way, but I've heard that you have to be severely beaten or suffer terrible emotional abuse, and although I have been so humiliated sometimes, I don't know how to prove my case that way, because even though I called the police and file reports, I never wanted my wife to go to prison or anything so I haven't pressed any charges...
 
Rae E. said:
Thank you so much for your quick reply... I have known about filing it that way, but I've heard that you have to be severely beaten or suffer terrible emotional abuse, and although I have been so humiliated sometimes, I don't know how to prove my case that way, because even though I called the police and file reports, I never wanted my wife to go to prison or anything so I haven't pressed any charges...

You don't have to be killed or end up to the ER (I'm exaggerating a little bit here) to prove your case.

Still you need to work with your lawyer and make sure s/he is a very good one, especially since you're a male and usually the "spouse abuse" is seen usually the other way around...you know, when man yells to his wife, everybody cries "abuse" when is happening the other way around...well people are circumspect :rolleyes:

Well enough about the equal rights lecture, just be careful and prepare your case with your lawyer and I think you should have a good chance, but once again, with the risk of repeating myself, prepare yourself for the worst, don't forget any little detail and evidence you may be able to produce.

Like you've said, she will try to present facts from her perspective and without a strong case, people (including Judges) will be inclined to believe her.

Good luck and hopefully you'll be able to stay, raise your daughter and be a good father for her
:)
 
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