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Immigration Forum / USA Marriage Base / December 2006Victim of domestic violence (male)
Hi all, I have been a victim of domestic violence , as my wife hit me resulting in her being arrested and server with Final Restraining Order , prior to that we failed to attend the green interview due to the wife hiding the letter . Hence thinking it was lost in the mail I am now filing for divorce on the grounds of DV. I would like to ask has anybody been this route to obtain a green card ? if so what steps and could I be deported as I don’t know my status OI do have a lawyer but need to be on the other side of the coin oh i have seen the ACT 237 > Hi all, > [quoted text clipped - 9 lines] > > oh i have seen the ACT 237 I don't think hiding a green card constitutes domestic violence, but I could be wrong. What does this mean? You posted in September 2005 that your AOS had been denied. What have you been doing for 9 months? Ian > Hi all, > [quoted text clipped - 9 lines] > > oh i have seen the ACT 237 NO I she has been arrested on of domestic violence changes , And frim thime of interview I have tried to do motion to reopen which is a waste of time > NO I she has been arrested on of domestic violence changes , > > And from the time of interview I have tried to do motion to reopen > which is a waste of time > > (oh my time line is way out and has not been updated) I dont see why you would not be able to obtain a waiver after divorce, if you have good documentation about the battery/abuse. Domestic violence against men in the household is becoming more and more common. However, I think that this is something that you would definitely need legal guidance for, someone who can help you prepare your documentation, argument etc. You may need an attorney in any event for divorce. Best of luck. > I dont see why you would not be able to obtain a waiver after divorce, > if you have good documentation about the battery/abuse. Domestic [quoted text clipped - 3 lines] > your documentation, argument etc. You may need an attorney in any > event for divorce. Best of luck. I have an attorney just would like to share the info with the forum and give the men a heds up the we also get abused . No disrespect to females . but if any other users are going through the same thing can we share the info , thanks > I have an attorney just would like to share the info with the forum > and give the men a heds up the we also get abused . No disrespect to > females . > > but if any other users are going through the same thing can we share > the info , thanks There have been many threads on this subject, search for VAWA. As far as I am aware the principals are the same, male or female. > I have an attorney just would like to share the info with the forum > and give the men a heds up the we also get abused . No disrespect to > females . > > but if any other users are going through the same thing can we share > the info , thanks You said back in Sept 2005 that you never got your appointment letter because you had moved and the letter was not forwarded to your new address. No mention of domestic violence or marital problems. You came back in March 2006 and said that you had applied for a new EAD (even though you are here illegally and not eligible for one) and wanted to know how you could renew your drivers license. Again, no mention of domestic violence or marital problems. You have said in several threads that you have tried to file a MTR but that it's "a waste of time". From that I'm assuming that it did not go your way? Or did you simply never file a MTR? You got your denial letter almost 10 months ago and you still have not said what the current status is on your case. I am sorry if your wife hit you, but given all the other elements to your immigration journey thus far -- which you left out of this thread -- it sounds like filing via VAWA is a convenient stretch. ~ Jenney > Hi all, > [quoted text clipped - 9 lines] > > oh i have seen the ACT 237 You have an attorney. The board does not know your whole story and all of its idiocincrasies or have all your documents and issues in front of us to peruse. Follow the advice of the atty you're paying. If you want another side of the coin, as you put it, go and consult with another atty. > You have an attorney. > [quoted text clipped - 5 lines] > If you want another side of the coin, as you put it, go and consult > with another atty. Thanks for all your help and keep up the good work on the forum.. Plese ignore the timeline as i have found out the truth on why the interview was missed q) Public Charge is wife still responsible for me while I am married ? also where is the ACT number on the BCIS site Sometimes all we need some advise to point us in the correct direction as nobody know every thing this is why we must ask > Thanks for all your help and keep up the good work on the forum.. > Plese ignore the timeline as i have found out the truth on why the [quoted text clipped - 5 lines] > Sometimes all we need some advise to point us in the correct direction > as nobody know every thing this is why we must ask She is responsible *only* if you successfully adjust your status. Since that hasn't happened and isn't likely to happen... she does not have to worry about it. Ian > She is responsible *only* if you successfully adjust your status. > Since that hasn't happened and isn't likely to happen... she does not > have to worry about it. > > Ian Hmm so what dose this mean the (corret me if i am a wrong) Secition (6) on the I-i34 (affiidavit of support) which was sent in with the appliaction > Hmm so what dose this mean the (corret me if i am a wrong) > Secition (6) on the I-i34 (affiidavit of support) which was sent in > with the appliaction The I-134 that was submitted with the application for your K-1 visa is no longer valid. It's the I-864 that was submitted with your AOS paperwork that Ian was referring to. That one would only be valid if you do indeed adjust status. Besides which, the I-134 is not a legally binding contract, whereas the I-864 is. Rene > The I-134 that was submitted with the application for your K-1 visa is > no longer valid. It's the I-864 that was submitted with your AOS [quoted text clipped - 5 lines] > > Rene Hmm so how do you work that out ? in section SIX and reads your are bound for 3 years > Hmm so how do you work that out ? in section SIX and reads your are > bound for 3 years These are very good questions to ask that second lawyer you consulted with. :) Rene > These are very good questions to ask that second lawyer you consulted > with. :) > > Rene I just noticed in your timeline: 07.02.03 K1 Visa issued in London That means the I-134 was signed previous to that time. Which means the 3 years is coming to a close anyway....if it is valid for 3 years, it's over in a few days anyway. Rene > Hmm so how do you work that out ? in section SIX and reads your are > bound for 3 years This has been discussed ad nauseum for years in this forum. Even the attorneys who frequent this newsgroup have agreed (well, if memory serves) that the I-134 is not enforceable. It sounds like you're simply angry and are trying to screw over your wife. Hey... good luck to you! Ian > Hmm so how do you work that out ? in section SIX and reads your are > bound for 3 years What is it you're trying to accomplish, anyway? Whether the I-134 is still valid or not, doesn't really affect your immigration status here at all. What's your main goal here? Rene > What is it you're trying to accomplish, anyway? Whether the I-134 is > still valid or not, doesn't really affect your immigration status [quoted text clipped - 3 lines] > > Rene Just wanted to know that’s all if she was responsible for me as I cannot work as I do have a EAD due to the fact the Interview letter was hidden > Just wanted to know that’s all if she was responsible for me as I > cannot work as I do have a EAD due to the fact the Interview letter > was hidden I see. > Hmm so how do you work that out ? in section SIX and reads your are > bound for 3 years Just to inform you all you do not need a lawyer in this case no disrespect to all the advise given , save some cash and just file I 360 and your problems are solved just give BCIS all the documentation required and hay preseto Thanks again for all the giving advice here > Just to inform you all you do not need a lawyer in this case no > disrespect to all the advise given , save some cash and just file I > 360 and your problems are solved just give BCIS all the documentation > required and hay preseto > > Thanks again for all the giving advice here Firstly, every case is different. It is irresponsible to suggest that all one needs to do is "just file I-360 and your problems are solved" -- because what if it isn't enough? What happens to the person then?? Secondly, I see that after last hearing about your tangled immigration journey, you're planning to move back to the UK. (http://britishexpats.com/forum/showthread.php?t=415822) So, when you say that your problems were "solved" did you mean that you decided to just leave the US? ~ Jenney > Firstly, every case is different. It is irresponsible to suggest that > all one needs to do is "just file I-360 and your problems are solved" [quoted text clipped - 7 lines] > > ~ Jenney Strange...strange indeed. The mind boggles. > Hi all, > [quoted text clipped - 9 lines] > > oh i have seen the ACT 237 After hearing about your past immigration issues, such as not going to the AOS interview, not filing an MTR, etc., I'm just guessing that you actually have no status here right now, and are here illegally, and do not have permission to work. Of course your lawyer would know better than I would, but I'm just guessing that even if you divorce, you no longer have a route to a green card because you actually have no status now to adjust from. Something to ask your lawyer about. By the way, what DOES your lawyer advise, and why do you want to get laymen's opinions? Maybe your lawyer is telling you some news you don't want to hear? Rene > After hearing about your past immigration issues, such as not going to > the AOS interview, not filing an MTR, etc., I'm just guessing that you [quoted text clipped - 11 lines] > > Rene HELP - note the key word here - "lawyer, lawyer, lawyer". |
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