plz help ...urgent...in crisis

[susan ward]

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..

Your husband cannot treat you this way, get out or get him arrested.


The law is on your side so get immigration and divorce lawyer

You can get copy birth cerificate

 

[blury]

thanks nikaDV2007 for your encouragement..i havent done my step3 b/c i was not required if i didnt want a sponsorship visa..secondly do u think its possible for me to change my green card to an H1 or J1 just like that?if i can..i can start looking into that option...
united Nations...thanks 4 ur replies but i wud say u shudnt judge people like that...i didnt play dirty with my husband at all..u shud understand that different cultures hav different upbringings....wen he came to get married,me and my famiily knew nothing about immigration b/c we dont hav family here..his family just told us that he can apply b/c he has a green card so we shud apply for a visit visa so i can visit him till my studies dont finish and he becomes a citizen...we didnt know the details..his father took a form with himself,filled it and sent it to us telling us that this is wat we hav to write...i got the visa and visited him twice on the visa.It is only now that i found out the immigration laws after he started blackmailing me that he can get me kicked out b/c hes the petitioner..he cudnt say that b4 b/c i was on a visit visa..ignorance has its own price but that doesnt make people cheats and liars..if i am sent back that wudnt be fatal to me but my biggest worry is my daughter...i dont want to leave her behind..i want to take her with me if i go back n i know he wudnt let me...so u shudnt make such hasty remarks b4 knowing wat people go thru..

 

[pianoplayer]

I'm not being judgmental. Many people already know the ins and outs of their cases. You probably have already talked to an attorney. Many people just come here to see if others can give constructive ideas.

You can't just get positive advice; you also need to know the other side of the argument. USCIS in my opinion doesn't show mercy on people.

The things I have pointed out are things you are going to have to deal with or consder how to deal with as this goes further. Credibility is key in the justice/legal system not only in USA but everywhere.

Your credibility will be undermined because:

You were married and misled on visitor visa
There was domestic violence charge before you got married and you still went through with it.
You are going to be a Doctor and the "stupidity defense" is harder to use.

I'm sure you know all of the above. My message is just to be open and honest with your attorney as he will have to figure out how to deal with these issues as you go further along in the process.

For the large part, this is very SOUND advice. People tend to get emotional and confuse two issues which are SEPARATE.

There is most likely a claim of being a battered spouse --- provided that it is well documented, there should be no problem with that.

The separate issue is that of the misrepresentation of the visa application. Just because she is likely a battered spouse, does not necessarily mean that USCIS will overlook the misrepresentation. I do not mean to sound unsympathetic, but this is an issue that will have to be considered. Even though many others on here claim that it will not be a problem, since she already has a conditional GC, that is not really correct. USCIS has absolute discretion to dig that up if they want to ---- misrepresentation at any point COULD bring about revocation.

I am not suggesting that this will happen. But it is a very real possibility. Consult with a good immigration attorney and look over your options carefully.

 

[NikaDV2007]

Blury, I think one should always look at all possible options taking in consideration given circumstances of the particular situation. Looks like in your situation it makes sense to try at least to proceed with what you have now-green card based on the marriage, and if it won't work, then you should try all other ways. Switching right now might be first of all unnecessary (after all your husband has NOT withdrawn his petition yet, as people say the dog that barks doesn't bite and even if he will do it you’ll have a chance to prove that your marriage was entered in a good faith, and that is mostly all what USCIS is concerned about in marriage based cases ) and secondly quite risky to get the unfavorable reaction from USCIS(trying any other ways to get green card now means you'll have to return your temporary green card yourself, and later be ready to explain what made you seek giving away the green card just a month after it was granted to you ). Also, all of the above are just thoughts and recommendations from other people like yourself and you might want to let the professional in this area to give you specifics on which way is better for you to go. Good luck and the best to you and your baby!