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Old May 29th 2004, 3:39 am
  #1  
Paul Clark
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Default Battered Spouse Petition?

Hello,

I'm a British citizen, and I filed for residency in the summer of
2002, with my wife, who's an American citizen, sponsoring me. However,
my wife filed for divorce in December of 2003. I didn't notify the INS
of my situation for fear of being deported.

My wife and I have two children together, one son who is just over 2
years old, and a newborn son, whose name I don't yet know, as my wife
has broken off all communication with me.

I've discovered my wife was (and still is) having an affair prior to
filing for divorce. Also, my wife's mother attempted to burn down the
so-called "marital home", while occupied. I called the police
regarding the arson attempt, which was the beginning of the end for my
marriage. My mother-in-law has now been convicted of "attempted
arson", receiving only 90 days jail-time (suspended).

My calling the police gave my wife the excuse to leave me, and she's
been "flaunting" her affair ever since. As soon as I was evicted from
the marital home, my wife moved her boyfriend in.

There was also an attempt made to poison me. I was assuming it was my
mother-in-law, but in retrospect, it could have been my wife, or even
both. The poisoning attempt concerned the "spiking" of a bottle of
hydrogen peroxide (which I used as a gargle) with 3-in-1 oil. Upon
gargling, my throat became constricted, and I was admitted to the
Emergency Room.

I have the medical report for that incident in my possession. However,
I didn't report the poisoning attempt to the police, as I was already
in enough trouble with my wife for calling the police about the arson
attempt.

My divorce attorney believes I may be able to convert my "spousal
petition" into a "battered spouse petition"? There have been other
incidences where my mother-in-law has physically abused me, with my
wife doing nothing to remedy the situation. I made several requests to
my wife to move away, but she didn't want to leave her mother.

I don't have any income whatsoever, with only a little "personal"
money coming from my mother in the United Kingdom. I didn't obtain
work authorization from the INS, as I was a full-time "stay at home
father" to my son, and also looking after my father-in-law who has
Alzheimer's disease. I didn't apply for work authorization after I was
evicted from the marital home because I didn't want to alert the INS
to my situation.

I would be grateful for people's opinions regarding converting the
"spousal petition" into a "battered spouse petition", and also, does
anyone know of a pro-bono immigration attorney in the Lake County (or
nearby) area of Ohio?

Many thanks,

Paul
 
Old May 29th 2004, 4:34 am
  #2  
Andrew DeFaria
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Default Re: Battered Spouse Petition?

Paul Clark wrote:

    > Hello,
    > I'm a British citizen, and I filed for residency in the summer of
    > 2002, with my wife, who's an American citizen, sponsoring me. However,
    > my wife filed for divorce in December of 2003. I didn't notify the INS
    > of my situation for fear of being deported.

Sorry that last line doesn't compute! What were you figuring was gonna
happen? Getting a divorce is not a crime. You will have to face the
USCIS eventually.. so you figure you'll just hide for a while??? Makes
no sense.

    > My wife and I have two children together, one son who is just over 2
    > years old, and a newborn son, whose name I don't yet know, as my wife
    > has broken off all communication with me.

I'm confused. Were you not present for the birth? Perhaps not.

    > I've discovered my wife was (and still is) having an affair prior to
    > filing for divorce. Also, my wife's mother attempted to burn down the
    > so-called "marital home", while occupied.

What do you mean attempted? What do you mean "marital home"? Why the
quotes? Why the "so-called"? Why the "while occupied"? Seems like an
extremely odd set of wording.

Also why would your mother-in-law suddenly think it's a good idea to
burn down a house that her daughter's living in? Were you in the house
(cause the wording of your statement above is sufficiently vague and
suspect in my mind to not being the real true story)? Was she trying to
"get you"? If so what would compelll her to do that?

    > I called the police regarding the arson attempt, which was the
    > beginning of the end for my marriage. My mother-in-law has now been
    > convicted of "attempted arson", receiving only 90 days jail-time
    > (suspended).

Well lacking any qualitative information about why such an odd event
occurred to you I would tend to believe your wife at this point. It just
gets me when people who are attempting to claim they were abused
descirbe fascinating stories of people treating them horribly and yet
describe nothing about what might cause their accused abusers to even
want to perform such odd abuses. I'm not saying that it didn't happen
but it sure is odd that your mother-in-law tried to burn down your house
and "poison" you for no apparent reason.

    > My calling the police gave my wife the excuse to leave me, and she's
    > been "flaunting" her affair ever since. As soon as I was evicted from
    > the marital home, my wife moved her boyfriend in.

Flaunting and moving in with her boyfriend, while it sucks, is
irrelevent to your abuse claim since you are claiming that she (or her
mother - I'm confused) abused you before the relationship fell apart.

    > There was also an attempt made to poison me. I was assuming it was my
    > mother-in-law, but in retrospect, it could have been my wife, or even
    > both.

Hmmm... Why would your wife suddenly feel the need to "poison" you with
"oil"? You reported an arson that your mother-in-law happened to have
committed so your wife decides to kill you? And.... you didn't get your
ass out of there lickity split?!? Again sounds odd to me.

    > The poisoning attempt concerned the "spiking" of a bottle of hydrogen
    > peroxide (which I used as a gargle) with 3-in-1 oil. Upon gargling, my
    > throat became constricted, and I was admitted to the Emergency Room.

People who poison other people don' tuse 3-in-1 oil! Odd again.

    > I have the medical report for that incident in my possession.

Big deal! You have no indication of who put that oil in that bottle nor
if it was even intended to harm anybody. You , sir, have nothing.

    > However, I didn't report the poisoning attempt to the police,

They wouldn't have believed you anyway.

    > as I was already in enough trouble with my wife for calling the police
    > about the arson attempt.

If your incredible story were true, that your mother-in-law attempted to
arson (for no particular reason) then why would your wife be made at you?

    > My divorce attorney believes I may be able to convert my "spousal
    > petition" into a "battered spouse petition"?

Don't see why. Seems like your divorce attorney is trying whatever is
available.

    > There have been other incidences where my mother-in-law has physically
    > abused me, with my wife doing nothing to remedy the situation.

It's interesting that right after the abuse word comes out a statement
of "oh, yeah, and she physically abused me to" comes out. If your intend
is to claim abuse I would think you would have mentioned this stuff
before hand.

Let's see what we have here... Mother-in-law supposedly burns down
house. How is this abuse of you? You did not mention that you where in
the house or that the mother-in-law was attempting to kill you though
you set it up so that's the impression that people get. Instead you
choose the word "occupied". Hmmm Suspicious to me.

Mother-in-law (or wife) tries to "poison" you with a non-poison. Again,
no explaination of why your mother-in-law would do such a thing. Does
she hate you? Why is that? And there is no proof of who did this - could
have been simply an accident or whatever. Hmmm... Suspicious to me.

"Oh and yeah I was physically abused by my soon to be mother-out-law"
again with no explaination of what that was nor why that might be.
Suspicious to me again.

    > I made several requests to my wife to move away, but she didn't want
    > to leave her mother.
    > I don't have any income whatsoever, with only a little "personal"
    > money coming from my mother in the United Kingdom. I didn't obtain
    > work authorization from the INS, as I was a full-time "stay at home
    > father" to my son, and also looking after my father-in-law who has
    > Alzheimer's disease.

Stay at home fathers are rare here in the US. Most men pull their own
weight and/or bring in the bacon. Was this plain on being a stay at home
father something you and your wife discussed and agreed on? Also the
father-in-law Alzheimer's thing is suspicous to me? Just seems too
convenient and odd that you're taking care of your wife's father and
your wife's mother is trying to kill you!

    > I didn't apply for work authorization after I was evicted from the
    > marital home because I didn't want to alert the INS to my situation.

What the f**k does that mean? Again, what were you thinking - that you
could simply avoid the INS forever? And how were you intending on
eating? How did you survive before? Sounds like your wife supported you
and you refused to get work authorization nor get a job, even when
forced out on your own after your wife got tired of supporting you.

    > I would be grateful for people's opinions regarding converting the
    > "spousal petition" into a "battered spouse petition", and also, does
    > anyone know of a pro-bono immigration attorney in the Lake County (or
    > nearby) area of Ohio?
    > Many thanks,

Don't think you'll be successful. From your story I feel that there is
stuff that you're hiding cause it doesn't make you look good, and the
story as it stands is weak at best. Why don't you just chalk this up to
experience and go back home?
--
Clones are people two.
 
Old May 29th 2004, 3:50 pm
  #3  
Ray
 
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Default Re: Battered Spouse Petition?

As soon as I was evicted from
the marital home, my wife moved her boyfriend in.
Andrew.. I think I can see it.. the above statement should have said "As soon as I was evicted from the mental home, my wife moved her boyfriend in"

I can't for the life of me think why you could possibly want to stay ..return to your mum ASAP before they get you...
Ray is offline  
Old Jun 5th 2004, 5:55 pm
  #4  
Amanda
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Posts: n/a
Default Re: Battered Spouse Petition?

[email protected] (Paul Clark) wrote in message news:<[email protected]. com>...
    > Hello,
    >
    > I'm a British citizen, and I filed for residency in the summer of
    > 2002, with my wife, who's an American citizen, sponsoring me. However,
    > my wife filed for divorce in December of 2003. I didn't notify the INS
    > of my situation for fear of being deported.

If your story is true, of course, you can get Battered Spouse
Petition. But you are not going to win just because your lawyer
suggests you to claim those. What does he have to lose? So, be
careful about being ripped off by the lawyer.

Why you didn't apply for EAD at the first opportunity is beyond me?
 

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