plz help ...urgent...in crisis

blury

Registered Users (C)
i'll try to tell my problem in short so no one gets bored...i'm married to a USC..got my conditional GC last month...was married 4 yrs ago but my husband was a GC holder n waited to become a citizen b4 he applued for me..i came on a visit visa last yr n he married me here again in court in march of this year and applied for my GC.now the problem is that he is always blackmailing me that he will write a letter to the immigration and cancel my green card if i dont obey him and keep my mouth shut at all times..i'm from the subcontinent of asia and he tells me he will get me thrown out of the country.i'm an ducated girl and cant be torchered like this.he has become very mean ever since i became a doctor here.(i passed the US licencing exams and will start working as a resident doctor next july).my conditional GC will expire in oct 2008...i just want to ask if he can actually do that b4 my GC expires b/c he said he wont go with me...my marriage is real..i hav a 7 month daughter with him...he has a domestic violence case on him b/c he beat me as well..i hav no joint accounts or lease with him at all..he doesnt put my name on anything..the only proof of genuine marriage we had on the inv was my child and me covered under his health insurance and my GC was approved immediately..plz help me..i;m being treated very badly n he didnt even give me my daughters birth certificate to make her passport and says i cant take her out of the country.he ays he can throw me out n keep the child..how tre is this ..plz help..thank you and i know its a long story but i need ur help..
 
who is your sponsor? if he is then you can apply for your own immigration and use your income to qualify--i wouldnt worry about what he threatens--its a control game--you can qualify yourself and apply for yourself-- and i am sure your case can be expedited as well because of the domestic violence--good luck

armik
 
He can't really do that. He's threatening u and that constitutes abuse in itself as if his prior history of abuse wasn't damaging already.

U need to get hold of a lawyer....although u're usually required to file to remove conditions together there are instances where u can file alone. Should u be divorced before the time's up...u would need to prove the marriage was bonafide when it was entered into. Now abuse is another different matter, I'd say u stand a 90% chance of approval if u can prove it. U need to gather evidence such as Police reports etc. I'm guessing an immigration attorney would be in a better position to handle this. Ignore ur husband's threats to have u deported, he can't do that...U should be concerned about him harming u physically.
 
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i also just found out that america doesnt deport unless you commit a crime--your husband is WRONG AND DOESNT KNOW THE LAW!!!!! CONTACT A LAWYER AS SOON AS POSSIBLE BUT KEEP IT A SECRET!!!!!

ARMIK
 
armik said:
i also just found out that america doesnt deport unless you commit a crime

ARMIK

Not necessarily, I concur...her husband doesn't know the law but the statement above is inaccurate...An illegal immigrant or one who overstays his/her visa can be placed in deportation hearings when a subsequent application for immigration benefit is denied. There are other ways to get deported.

Nonetheless, it doesn't apply to Blury. Her husband cannot get her deported on his say-so.

Just trying to clarify...
 
kevinglenn---didnt you read her visa expires in 2008 and i am a usc and even a friend of mine(male) had a immigrant visa and got a misdemeanor charge and still is in america--so unless you commit a big crime --your safe--and she is a doctor and has a valid visa till 2008--thats enough time to apply for herself!!!!!!
unitednations--she never said she lied or implied it--where do you see such a thing????

i am married to a pakistani and when we get to america we will marry there as i cant change my name unless there is a marriage cert on file there--
i dont see where she lied to get a visitor visa--she was married 4 years!!!
armik
 
blury...sorry to hear your story. yes he has a right to cancel your green card because it is conditional GC.he is the one who sponsor you.you should not be disappointed.contact the lawyer. another thing you did not explain how did you get your visit visa. i mean what did you write in your visa application. armik yes in USA they can deport. unitednations is absolutely right. we do not know her case detail at all.in some point your husband has the upper hand, but it does not mean you tolerate his BS. stay calm and write your whole case in detail.
gogi274
 
blury,

I'm so sorry you're going through all this. Your husband is dead wrong about getting you deported. You already have a conditional greencard. The only thing your husband can do immigration-wise is to make the removal of conditions difficult for you. This would have to be done around the two-year anniversary of your conditional GC. But it IS possible for you to petition to remove the conditions yourself -- even without your husband's cooperation. I'm not sure what exactly is involved, but in general it would involve showing that your marriage is (or was) genuine. Having a child together should certainly make that easy to show. There is also the Violence Against Women Act (VAWA) that gives certain immigration benefits to spouses who have been the victims of domestic violence. You might be entitled to some benefits under this law as well.

But these are complicated issues. Are you able to consult an immigration attorney? If you can't (and perhaps even if you can) I would recommend getting in touch with organizations dealing with domestic violence issues. Here is a list of organizations in different parts of the US: http://www.sawnet.org/orgns/violence.php. Most of them focus specifically on Asian (especially South Asian) women and will also be able to advise you on the immigration consequences of whatever you decide to do.

I do hope everything works out well for you and your daughter. All the very best.
 
blury,
unitednations is right. one problem leads to another.whatever you do should be secret.contact a good lawyer.
gogi274
 
blury--

One more thing: visajourney.com has a forum devoted specifically to issues surrounding the removal of conditions. I've seen many posts there from people in situations similar to yours. You might consider reading through some of that.
 
If you can get an evidence that he is abusing you, you can get the real GC by yourself, Get yourself a lawyer ASAP, a good lawyer there quack lawyers out there so get a good one. Don't be threaten, you are a professional.
 
Gogi274---her Chances Of Being Deported Are Slim! She Has Not Commited A Crime And She Is A Victim Of Abuse. She Has A Reputable Job And Her Chances Of Staying And Being Able To File Herself Are High. I AM A USC BORN IN USA,AND HAVE DONE ALOT OF RESEARCH ON IMMIGRANT VISAS AND THE CONDITIONS THAT ARE GIVEN.SHE CAN QUALIFY FOR HERSELF AS SHE IS A DOCTOR. AND HER CHILD PROBABLY IS A USC AS SHE IS ONLY 7 MONTHS OLD.

Blury--contact A Lawyer And Ignore Your Husbands Statements--some Men Feel Macho When They Think They Have Control--i Think You Will Come Out Of This Fine--and Especially That Your Child Is A Usc!!!!

Armik
 
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unitednations said:
She entered on a visitors visa. It is single intent. If she had completed the forms and said she was married to a US permanent resident then consulate would have denied the visa (100%) because there would have been high probability she would have stayed in USA.
That's all irrelevant now given that she already has got the conditional green card I'd say.
 
dr_lha said:
That's all irrelevant now given that she already has got the conditional green card I'd say.

I know what you are suggesting, but it is not entirely irrelevant. USCIS can revoke anytime if there is evidence of fraudulent misrepresentation. Perhaps unlikely in this case, but possible.
 
pianoplayer said:
I know what you are suggesting, but it is not entirely irrelevant. USCIS can revoke anytime if there is evidence of fraudulent misrepresentation. Perhaps unlikely in this case, but possible.
As a battered spouse I think the laws will be on her side enough that any minor visa infractions such as coming on a visitor's visa will not be an issue in this case.

However the best advice is for the OP to get a lawyer.
 
first of all thank you all so much..i wasnt expecting such a good response..ppl here r very helpful...now giving the further details...YES i lied to the immigration wen i applied 4 the visitors visa..i came here on a visa to give the USMLE STEP 2 CS COMPONENT of the exam...came in august 2005 and got married(legally here) in march 2006 while i was pregnant..and regarding the domestic violence issue...yes i have 2 case no.s which i was assighned after the police were called by neighbours..the domestic violence social workers call me regularly to c if i'm doing ok...another thing is...that the day i went to court i found out that my husband was married b4..i found that out while he checked the "divorced" box on the marriage certificate incase u were married b4.i tried asking him and his family wen this was but they never told me and said the marriage just lasted for 1 week only..this makes me think he might not hav applied 4 my change of status b/c maybe he was still married..i'm saying this b/c he has been living in this country for 20 yrs and his family said he cant apply b/ he has a green card and it takes a lotta time..i know my case is really complicated but mine was an arranged marriage and i didnt know him at all...he took sum papers with him to the GC inv but the lady didnt ask him any details abt his previous marriage and he didnt show them to me..and yes my daughter is a USC too thats y he says that cant take her outta the country if he desnt allow me to n he can get me kicked out n keep the baby b/c she has nmore ties to this country..thanks all of u 4 ur help once again
 
to add..yes he is my financial sponsor b/c i havnt started working yet...and i gotmarried in my country 4 yrs ago..came on a visit visa ang got married in court here again...wat i know is its ok to get married again in the states if u got married elsewhere but yes i did show my status as single on the visa application...i told the policeman who took picturs of me for the domestic violence case that i was his wife but not legally in american court and papers(the abuse case took place in october 2005 and we got married in court in 2006 march)
 
First of all let me say you shouldn't have lied, but if they gave you green card, I guess it is "water under the bridge" as was stated above.


Secondly, all you have to do to get daughters birth certificate is apply for it. You can do it online or either download the application, mail it in. I think you need to protect yourself against this man. Get a P.O. box so that you can have the birth certificate sent to you.

Thirdly, you will need to get documentation of your husbands abuse and have available for immigration. You don't have to stay in that marriage no matter that you told a "lie', you still don't deserve to be treated like that. You will be more than likely able to have custody of child since your husband will have domestic violence charge. Also, get the neighbors to write an affidavit stating the fact that they are aware of the domestic violence. This should help a lot.

Fourthly, don't necessary disclose everything about your situation on this forum. I know it is good to "clear the conscious" and that is ok but you have to protect yourself (since no-good hubby is not going to :( ) .

Fifthly (if that is a word :p ) read this information regarding battered spouse abuse and you will have to make a decision.

http://www.bibicheff.com/batteredspouse.htm#4
http://www.ailc.com/howdoi/battered.htm

However, I would say that if what you have shared with us is true then you should be able to continue your life here. If you do succeed in the medical profession you should do fine. I wish you well and try to protect yourself with documentation and third parties.
 
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unitednations said:
blury, first thanks for posting these details as it gives more clarity.

I'm sure you are in touch with a lawyer. You need to be brutally honest with him and figure out all possible ramifications. Some people think that stating you were not married on a visa form when in fact you were is "immaterial". Actually, it is very material. They would not have given you a visa otherwise. You obviously knew this and this is why you answered it the way you did.

You need to consider that the first case of violence was filed almost six months before you got married. You need to figure out how to explain why you then got married. (outside observer would think it was purely for greencard). Now you have a problem but are looking to save greencard even though the conditions existed before hand.

Lastly; looks like both of you are dirty; you lied, he lied, domestic violence, etc.

My experience has shown me that when people are dirty and they are trying to harm each other then there is usually this uneasy truce that if you screw me I will screw you.

If he tells that you were married before you got visa then you have polygamy against him. He already has domestic violence against him. I don't know how a judge would do the custody battle.

Make sure you tell the whole truth to the attorney. They will be able to navigate it for you. I think you need to keep the trump card regarding polygamy on his part if he shouldn't conform to the desired behaviour that you need.


this was an arranged marriage--sometimes you have no choice or say so.he would have had to show divorce papers to file for her visa--i had to show mine at the submition time of my I-130.
armik
 
Blury, sorry about your situation. Hope everything will work out for you and your baby. As other mentioned above it is possible for you to get 10 year green card and lift conditions of your current green card by yourself. So this is one way. Another way I think you must consider is your profession. Have you passed all 3 USMLE steps? Even, with 2 you may get at least J1 visa that would allow you to live and work here for the whole duration of your residency.If you passed all 3, then you could apply for H1-work visa that could later lead you to a green card. This country does need doctors, and you should be very proud of yourself that you not only have a medical diploma, but also passed USMLE Steps that are considered to be some of the hardest tests in the world! My dearest brother is going through Step 2 series now( Step 1 is passed!) and I could very much understand how hard it is to get into residency program in the US hospital being a foreign graduate.So my deep respect and sincere congratulations on this.
Bottom line-you have high chances to get your green card if not through this lousy marriage then through your work. Last thing-please don't let this looser, your husband, to make you feel scared about anything. You will be a doctor, and all he is capable to do-blackmail the mother of his baby...how pathetic, though very common for lower brain powered and weak individuals!
Best of luck to you, but I'm sure you will do just fine.
 
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