Originally Posted by Rete

Phew that is what I thought. When you said you were going for unconditional residency it could have been taken either way by people.

1. You were yet to adjust status and when you did it would be after your 2nd wedding anniversary; or

2. You were a CR and were going to remove conditions.

I was 99.99% sure that you both had already adjusted status.

When you apply for removal (I-751) your daughter is included in your petition. Her conditional status is derived from your status as is her removal.

To make you feel more comfortable with what to do, spend the money required for a consultation with an immigration attorney, even if it is a telephone consultation. Getting the correct information from a person who can confirm the law will help you to sleep better at night.

Good luck to your daughter in getting the <bad language adjective> husband out of her life. Get an order of protection, file for divorce and/or annulment if applicable, and don't be afraid to report any infractions of the order to the police.

Rete

Originally Posted by sal_whit

Hi Duckie

We looked into that but we were told because he is millitary he is the one that has to do that???
Of course he will not do such a thing,He said he will not let her go and she will have a long wait if he has to do anything.
It is Maryland law the she has to be married for a year before she can file for divorce!!!!

Sal

Originally Posted by Folinskyinla

Hi Sal:

A weird thing which the attorney may or may not have mentioned -- The Soldier & Sailors Relief Act of 1940. It makes it hard to get default judgements.

Originally Posted by sal_whit

The Army had already told my Daughter this,That's why we have to wait a year also.I just hope we can get all this over and done with before our removal of conditions.Thank you for your help

Sal

Originally Posted by Folinskyinla

Hi Sal:

A weird thing which the attorney may or may not have mentioned -- The Soldier & Sailors Relief Act of 1940. It makes it hard to get default judgements.

Originally Posted by Rete

I ran this past Capt. Wilson ;0-)

They have had this problem in the Guard and he says, yes it is true. However, it does not apply in cases where violence is the cause of the divorce. If the daughter has called the police and filed charges, then that the basis needed for the divorce to proceed without having to wait the year under the Relief Act. Perhaps you might want to check that out with the attorney.

Originally Posted by sal_whit

Well now here is the problem,She never called the police and filed charges!!!!!! She called his officer in charge!!!!!!As at the time she loved him and didn't want to cause trouble for him ( her words not mine)
It wasn't until she moved back home did she manage to get the one year restraining order on him of which he appeared in court and admitted to abuse.
so now you can see what she is up against.

Sal

Originally Posted by Rete

That stinks! Ahhh what fools we are when we are young and in love. God save us from ourselves.

Well the blank blank comes anywhere near her and does anything I hope she calls the police quickly and files charges. Although if it were to happen, my prayers are that she is not hurt.

Rita