karenaviva

I only realized how abusive my soon-to-be-ex (he's from UK, temp green card, expires in Nov. 2012) has been (I'm the US citizen) when he smacked me in a drunken rage last weekend. I then learned he has a concealed weapons permit & had a gun in the vehicle (mine) that he'd been driving -- and even still -- even after calls to the battered women's shelter, law enforcement, attorneys -- I've been told to change the locks & hope for the best.

He seems to think that he can divorce me (ok, that part is quite mutual), but that he can stay working in his business (he'd been planning to leave & take a pay-out, but since he doesn't want to appear like he has any "liquid assets," he has chosen not to leave) -- so he will look impoverished, give me no support (ie contribute nothing to the household -- after all, he's moved out, any "help" he would "give me" is, to his way of thinking, only if he is feeling generous enough) and then STAY HERE -- with access to his weapons -- EARNING (the business was struggling, but will be doing well in the coming months -- and so he'll capture those earnings -- nevermind that I supported him for the first year as he took NOTHING out to build the business -- and the part that caused most tension for us -- then REFUSED TO BRING ME IN TO THE company -- preferring the the male, heavy drinking company of his VERY misogynistic partners instead, but I digress) -- but the part that is galling me is that he feels ENTITLED TO STAY.

Since I've been told BY LAW ENFORCEMENT that, because I have nothing bruised or bleeding (he picked me up by my hair & throat as I lay on the mattress & slammed me into the bed repeatedly), it's just "he said / she said" and there is no benefit to filing anything, as doing so would probably just enrage him (he's told me that he will leave me alone only insofar as I "leave him alone" (ie, cause him no consequence).

He has me JUST where he wants me -- and, if nothing DOES pain, him, his entitlement just grows. And if law enforcement HERE cant help me feel safe, can BCIS? Do they CARE? Is there anything I can do to INTEREST THEM in my circumstance?

He realizes (I believe) that he will have to be going -- by his Temp. Green Card expiration -- Nov. 4, 2012 -- but do I have to live in fear until then? (or watch him skim cash from the company & take it all with him?)

I do realize that some of my issues are best addressed to counsel -- and I have many calls in -- i think the complexity of the immigration piece is repelling many of them

Help? Please?

dreamercon

There is no such thing as a temporary green card. There is conditional permanent resident status, but even if it expires he can still stay in the country if he shows that he married you in good faith.

It looks like most of your issues are of a personal nature - if you dislike your husband, you should divorce and move on with your life.

ian-mstm

While his green card may expire on November 4, 2012... he's likely correct in that he can probably have the conditions successfully removed on his 2-year green card (I'm guessing that's what you mean when you say "temp green card"). Very likely, there is nothing you can do about his status in the US... and he can file all the documents himself without your help.


Likely not, no.


No... because it's not their job! While there are laws against spousal abuse, it's not the job of US immigration to sort it out.


Probably not. He's in the US legally and that's all that really matters to them.


If he files to remove the conditions on his status, he likely won't be required to leave... and there's really nothing you can do about it.


No - you get yourself out of the situation. You should not have to live in fear.

In a nutshell - this is not an immigration issue.

Ian

Nutmegger

There is really no immigration situation to concern you; that is out of your hands. Change those locks, stay away from him, document any contact he may initiate (e.g. save abusive emails and phone messages), if you have to see him try to ensure that someone is with you, hire counsel to start divorce proceedings, and get on with your life. Don't take any notice of his situation, just do all you can to protect yourself. All the best.

Noorah101

Yes, he is entitled to TRY to stay. Once you are divorced, he can file the I-751 to remove his conditions. He will file "with waiver", which means he does not need your signature on the I-751, but he needs to prove the marriage was entered into in good faith. It may or may not get approved, that will be up to USCIS.

As for you supporting him for the first year, etc....you signed an I-864 Affidavit of Support which is a binding contract with the US government, saying you WILL support him at the minimum income level, and that you'll repay the government if he collects any means-tested benefits. Divorce does not relieve you of that obligation. Of course you only have to actually pay any money out if he DOES use means-tested benefits and the government asks for repayment. Or, if he takes you to court and sues you for support.

Be safe,
Rene

karenaviva

Thank you. This is all extremely helpful insight. Thank you. It actually helps change my perspective some -- I appreciate it. Thanks.

Yes. My "issues" are of a personal nature. I am not whining or complaining -- I am looking for someone (not you guys -- you really DID actually help) to help and it's so frustrating because it appears as if he's right -- nothing of consequence will happen to him. Nothing. Wow. Just wow.

jeffreyhy

You should be discussing this with a family lawyer, not with "LAW ENFORCEMENT". Try to get a better one than he gets, with respect to both the divorce issues and the abuse issues.

As others have written, his immigration situation is his problem, not yours, except to the extent that you remain bound by the I-864 you signed.

Regards, JEff

md95065

You need to get a good divorce attorney to protect your interests.

Depending on the laws in your state you may be entitled to a share of your soon to be ex-husband's business if you contributed money to help set it up.

Good luck.

jeffreyhy

I beg to disagree. All green cards are temporary - they are all valid for only a limited period of time.

Now back to our originally scheduled program ...

Regards, JEff

S Folinsky

OK -- forget about his immigration for now.

You have received advice to see a family law attorney. One thing you can obtain with relative ease is a "stay away" restraining order and have it served on him. The advantage of such order is that is what give law enforcement power to really protect you -- just being at the same place as you are is a violation!

On the immigration end of things -- a conviction for violation of such an order is a ground of removal and there is no defense to that ground until the alien has been in the US for 7 years, 5 of which are as a permanent resident.