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-   -   (ab)use of "battered spouse" (https://britishexpats.com/forum/marriage-based-visas-35/ab-use-battered-spouse-456970/)

klinus Jun 9th 2007 4:27 am

(ab)use of "battered spouse"
 
How easy is to (ab)use "battered spouse"? Does USCIS need to see police reports? is the entire process confidential?

Ray Jun 9th 2007 4:31 am

Re: (ab)use of "battered spouse"
 

Originally Posted by klinus (Post 4892124)
How easy is to (ab)use "battered spouse"? Does USCIS need to see police reports? is the entire process confidential?

This site may help ..... you would of course need evidence ...

http://www.peaceathomeshelter.org/DV...mmigrants.html

ian-mstm Jun 9th 2007 9:46 pm

Re: (ab)use of "battered spouse"
 

Originally Posted by klinus (Post 4892124)
How easy is to (ab)use "battered spouse"?

Your use of the English language is confusing. Are you asking how easy it is to abuse and/or batter your spouse?

Ian

klinus Jun 10th 2007 3:47 am

Re: (ab)use of "battered spouse"
 
The context is how easy is an unabused spouse to abuse "battered spouse" to obtain residency. Unabused as in there simply was none and no police reports et al

Originally Posted by ian-mstm (Post 4894541)
Your use of the English language is confusing. Are you asking how easy it is to abuse and/or batter your spouse?

Ian


ian-mstm Jun 10th 2007 11:49 am

Re: (ab)use of "battered spouse"
 

Originally Posted by klinus (Post 4895004)
The context is how easy is an unabused spouse to abuse "battered spouse" to obtain residency. Unabused as in there simply was none and no police reports et al

Ah... okay! I'm guessing it's pretty easy to abuse the concept of "battered souse". The abuse does not have to be physical... so very often, there are no physical marks to indicate abuse. When the abuse is psychological, it's very often one spouse's word against the other... and, more often than not, the law seems to side with the alleged victim - if for no other reason than to avoid a possible mistake!

Ian

klinus Jun 10th 2007 2:52 pm

Re: (ab)use of "battered spouse"
 
No tests or anything? That seems to be a fool proof way of staying in the country.

Originally Posted by ian-mstm (Post 4895940)
Ah... okay! I'm guessing it's pretty easy to abuse the concept of "battered souse". The abuse does not have to be physical... so very often, there are no physical marks to indicate abuse. When the abuse is psychological, it's very often one spouse's word against the other... and, more often than not, the law seems to side with the alleged victim - if for no other reason than to avoid a possible mistake!

Ian


Rete Jun 10th 2007 3:22 pm

Re: (ab)use of "battered spouse"
 

Originally Posted by klinus (Post 4896546)
No tests or anything? That seems to be a fool proof way of staying in the country.


Not quite that easy as stated. There must be some supporting documentation that the physical or physcological abuse has occurred. Be it a doctor's report, a shrink's report, affidavits from neighbors and/or friends, police reports, etc. it has to be documented. It is not just a matter of one partner's word against the other.

Suggest you read up on the VAWA and read the instructions on the petition.

Poppy girl Jun 10th 2007 4:22 pm

Re: (ab)use of "battered spouse"
 

Originally Posted by klinus (Post 4896546)
No tests or anything? That seems to be a fool proof way of staying in the country.

There are no tests but believe me they will look into your background and his very carefully, and the process can take along time, you do not need Police reports but they are helpful as Rete mentioned you will need basically solid evidence to prove your case if your ex has any kind of criminal background? that can hold against him also, it is not a nice process to go through think very carefully before you enter into it get all your facts right and never lie.

And yes the process is confidential he need never know that you have filed.

Good Luck

Ray Jun 10th 2007 5:10 pm

Re: (ab)use of "battered spouse"
 

Originally Posted by Poppy girl (Post 4896812)
There are no tests but believe me they will look into your background and his very carefully, and the process can take along time, you do not need Police reports but they are helpful as Rete mentioned you will need basically solid evidence to prove your case if your ex has any kind of criminal background? that can hold against him also, it is not a nice process to go through think very carefully before you enter into it get all your facts right and never lie.

And yes the process is confidential he need never know that you have filed.

Good Luck

I have a feeling the OP ...is the accused ...

meauxna Jun 10th 2007 5:12 pm

Re: (ab)use of "battered spouse"
 

Originally Posted by Ray (Post 4897074)
I have a feeling the OP ...is the accused ...

Like no one saw this coming after the last thread...

Ray Jun 10th 2007 5:19 pm

Re: (ab)use of "battered spouse"
 

Originally Posted by meauxna (Post 4897088)
Like no one saw this coming after the last thread...

We are all innocents of the world ...

lpdiver Jun 11th 2007 5:04 pm

Re: (ab)use of "battered spouse"
 

Originally Posted by meauxna (Post 4897088)
Like no one saw this coming after the last thread...

Well,

I have been in the position of the accused and it is not pleasant. To me this is one of the lowest things one person can do to another. I was fortunate and authorities saw right through it.

My wife ended up needing to attend anger management classes for a year because of her accusations. All it did was make her REALLY angry though.

t

klinus Jun 12th 2007 2:43 am

Re: (ab)use of "battered spouse"
 
Will the facts be shared with the family court system if there is a disputed custoy case involved?

Originally Posted by Poppy girl (Post 4896812)
There are no tests but believe me they will look into your background and his very carefully, and the process can take along time, you do not need Police reports but they are helpful as Rete mentioned you will need basically solid evidence to prove your case if your ex has any kind of criminal background? that can hold against him also, it is not a nice process to go through think very carefully before you enter into it get all your facts right and never lie.

And yes the process is confidential he need never know that you have filed.

Good Luck


SecretGarden Jun 12th 2007 3:03 am

Re: (ab)use of "battered spouse"
 

Originally Posted by lpdiver (Post 4900747)
Well,

I have been in the position of the accused and it is not pleasant. To me this is one of the lowest things one person can do to another. I was fortunate and authorities saw right through it.

My wife ended up needing to attend anger management classes for a year because of her accusations. All it did was make her REALLY angry though.

t

Tony,
Hopefully this was your previous wife! :(

~SG

Rete Jun 12th 2007 1:10 pm

Re: (ab)use of "battered spouse"
 

Originally Posted by klinus (Post 4892124)
How easy is to (ab)use "battered spouse"? Does USCIS need to see police reports? is the entire process confidential?

Look at Hazeleyes post. Here is a woman who is legitimately using the I-360 for residency having been married to a man who was an abuser. You can see that it is not the easiest thing in the world to prove.


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