Self-petitioning battered or abused spouses

I

iurii@ymail.com

New Member
I have a queation if I have a legal case here and if its worth a shot.
Here we go
I'm guy, married to USC for about 2.5 years.
Everything were fine for the first year except problems with her parents - we tried to live together but it didn't work for us so we moved out.
But last summer she got to jail for soliciting but it was a misunderstanding (at least I believed so) and charges were dropped. and we worked it out and everything were ok except she didn't wanna go the interview for my I-485. thats was her way to control me. Then this spring she got jailed twice for drugs possession (cocaine) but we fixed that problem as well. And in march she told me that she's pregnant. I was so happy. But few days ago i found out thats not my child so right after hospital she moved to her parents. we filed the second I485 cause the first one weas denied because she didn't want to go to the interview with me.
now i don't even know what did she put in the kids birth certificate.

can i file i360 and what supportive docs do i need?
thanks
 
This doesn't fall under a Battered Spouse petition. From what you have mentioned it doesn't look like you have been subjected to Physical or Emotional Cruelty by your US Citizen spouse. You might want to consult an immigration attorney since your I130/485 was denied you may not have any basis to stay in the United States and may be subject to removal from the country.
 
Would be there any chance to win this case even if there was battery or abuse? This is not I751. He hasn't even got the first green card.
 
Czech guy said:
Would be there any chance to win this case even if there was battery or abuse? This is not I751. He hasn't even got the first green card.
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That is a question an attorney can better answer. If there is significant evidence of abuse / battery or cruelty there is a chance but involving a competant attorney would be the first step.
 
Marrying a miserable excuse for a human being is unfortunately not cruelty.
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LOL @ this, couldn't help myself. In my book, it is cruel to live with a miserable excuse for a human being :)


IIURI,
I think the question is on what basis do you wanna file for abuse? Was there any emotional or physical abuse? And if yes, do you have any proof that such abuse took place? You have to have some sort of proof, even if its witnesses, medical records, police records.....
 
hi my friend! you got the same situation as mine. i hired a very best lawyer. my wife got a child with her boyfriend too. my lawyer said to me " they test your DNA and the son,if they are not matched, you have to be deported despite whatever reasons are". if you need anything more information, reply to me. I am free to answer because i have had the same situation as yours.i am under removal process now. you can asked any thing you are unclear, i will try my best to answer to you because i have been through before . YOU BETTER FIND A LAWYER NOW BEFORE IT IS TOO LATE or before the removal process letter comes, AND IT COSTS YOU LOT OF MONEY (10k) ACCORDING TO MY CASE.
 
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Having a USC infant does not grant any right to live in the US if the father (or mother) does not qualify on his(her) own. In some cases "extreme hardship" could result in a waiver, but this does not seem to be the case here.

A DNA non-match would mean is that the child could not petition the father at age 21.
 
Concerned4us said:
Having a USC infant does not grant any right to live in the US if the father (or mother) does not qualify on his(her) own. In some cases "extreme hardship" could result in a waiver, but this does not seem to be the case here.

A DNA non-match would mean is that the child could not petition the father at age 21.
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A petitioner who files the I-360 no longer needs to prove extreme hardship for the petition approval.
 
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