I-751 Separation and Divorce
Mar 16th 2004, 8:06 am
#31
Guest
Posts: n/a
Re: I-751 Separation and Divorce
AGUILA wrote:
> I think that Justice has a case of mental cruelty not solely based on
> the adultery issue, but rather on the treatment for anxiety and
> depression he has received. I must also state that the bona fide
> marriage waiver is DISCRETIONARY as opposed to the extreme mental
> cruelty wherein if proven must be granted this a big difference when
> you have lots of evidence about a bona fide marriage but you might
> still get denied.
The discretion in the abuse case is the "extreme" and "cruelty" portions
of the claim.
> Mental cruelty is a very subjective matter,
Which makes it hard to prove. You present your argument and they use
their discretion to determine whether or not it qualifies.
> maybe for one person having a wife that is cheating on him will not
> cause so much pain, but for another person it might destroy a mans
> life to such extreme of even commiting suicide,
Yeah and that's the part that gets me. You ignore your spouse because
they are behaving irrationally and sometimes it's just that. Other
times, unknown to you your spouse is a real wacko and kills themself and
somehow you are more to blame? IMHO, people who are that unstable should
not be allowed to abuse the extreme mental cruelty clause. IOW it need
to be shown that the "abuser" caused the extreme mental cruelty and that
it was somehow deliberate. Otherwise it often can be easily attributed
to the "abused" just being a psycho. And I'm not trying to blame the
accuser necessarily but there are those nut cases out there.
> the poing I want to get across is if he has received treatment for
> depression/anxiety due to his wife behaviors then he qualifies for the
> extreme mental cruelty waiver.
No it doesn't. You need more prove than you were just depressed or
anxious. You need to show that the spouse caused it directly.
> I am not afraid of anything, I had a bona fide union that did not last
> and I was involved with a very abusive wife, so I will apply for both
> waivers and I have evidence to support both claims. Don't take it
> personally when I refer to the term 'woman'.
> I make comments in this topic because I myself have been evaluated by
> EXPERTS in the field recognized by USCIS to determine extreme mental
> cruelty. In addittion, I have done a lot of research in the topic for
> several months and I have been trated for anxiety and depression
> disofrders as well.
So don't project your situation onto another person's situation as if it
were the bible. You may have very well experienced extreme mental
cruelty but the OP may very well have not.
> Leslie:
> An alien can apply for all the waivers that he qualifies in the form
> I-751, they would be argue separately, if you prove one then that is
> it you don't have to prove the other ones. You should also know that
> in order to prove mental cruelty/battery waiver, the alien must also
> prove bona fide marriage as well, I know it doesn't make that much sense.
Makes sense to me. I wonder what you don't think it makes sense.
> Furthermore, if an alien qualifies for more than the waiver than the
> one he/she is applying for and is denied the alien will not able to
> submit another petition based on the other waiver grounds he/she might
> qualify therefore the alien must check all the boxes that apply to
> his/her case.
> --
> Error: Keyboard not attached. Press F1 to continue.
> I think that Justice has a case of mental cruelty not solely based on
> the adultery issue, but rather on the treatment for anxiety and
> depression he has received. I must also state that the bona fide
> marriage waiver is DISCRETIONARY as opposed to the extreme mental
> cruelty wherein if proven must be granted this a big difference when
> you have lots of evidence about a bona fide marriage but you might
> still get denied.
The discretion in the abuse case is the "extreme" and "cruelty" portions
of the claim.
> Mental cruelty is a very subjective matter,
Which makes it hard to prove. You present your argument and they use
their discretion to determine whether or not it qualifies.
> maybe for one person having a wife that is cheating on him will not
> cause so much pain, but for another person it might destroy a mans
> life to such extreme of even commiting suicide,
Yeah and that's the part that gets me. You ignore your spouse because
they are behaving irrationally and sometimes it's just that. Other
times, unknown to you your spouse is a real wacko and kills themself and
somehow you are more to blame? IMHO, people who are that unstable should
not be allowed to abuse the extreme mental cruelty clause. IOW it need
to be shown that the "abuser" caused the extreme mental cruelty and that
it was somehow deliberate. Otherwise it often can be easily attributed
to the "abused" just being a psycho. And I'm not trying to blame the
accuser necessarily but there are those nut cases out there.
> the poing I want to get across is if he has received treatment for
> depression/anxiety due to his wife behaviors then he qualifies for the
> extreme mental cruelty waiver.
No it doesn't. You need more prove than you were just depressed or
anxious. You need to show that the spouse caused it directly.
> I am not afraid of anything, I had a bona fide union that did not last
> and I was involved with a very abusive wife, so I will apply for both
> waivers and I have evidence to support both claims. Don't take it
> personally when I refer to the term 'woman'.
> I make comments in this topic because I myself have been evaluated by
> EXPERTS in the field recognized by USCIS to determine extreme mental
> cruelty. In addittion, I have done a lot of research in the topic for
> several months and I have been trated for anxiety and depression
> disofrders as well.
So don't project your situation onto another person's situation as if it
were the bible. You may have very well experienced extreme mental
cruelty but the OP may very well have not.
> Leslie:
> An alien can apply for all the waivers that he qualifies in the form
> I-751, they would be argue separately, if you prove one then that is
> it you don't have to prove the other ones. You should also know that
> in order to prove mental cruelty/battery waiver, the alien must also
> prove bona fide marriage as well, I know it doesn't make that much sense.
Makes sense to me. I wonder what you don't think it makes sense.
> Furthermore, if an alien qualifies for more than the waiver than the
> one he/she is applying for and is denied the alien will not able to
> submit another petition based on the other waiver grounds he/she might
> qualify therefore the alien must check all the boxes that apply to
> his/her case.
> --
> Error: Keyboard not attached. Press F1 to continue.
Mar 16th 2004, 2:23 pm
#32
Guest
Posts: n/a
Re: I-751 Separation and Divorce
> I understand what you mean. It's as if husbands cannot be abused yet we
> all know that that is not true. Anyway, battered spouses, to me, are
> those who are "put in the hospital" because their spouse hit them or
> they have been extremely controlled (locked in the house, denied food,
> forced to work and the wages confiscated), etc. Battered spouses are
> *not* people who have simply been in arguments or who have been cheated
> on. Granted, such behavior hurts too, no doubt. But your liberty was not
> compromised, your person was not violated - your pride was simply hurt.
>
> But again, assuming you have prove that your marriage was legitimate
> (and I believe you said you did) then what stops you from simply self
> petitioning?
The thing that I don't understand is Andrew trying to say if I didn't
go to a hospital with one of my bones broken, then the law will not
going to consider my situation! what would you call it when somebody
spends 2 days living on coffee and cigarettes with no food! What would
you call it when somebody carries the blood test in his hand and has
no right to ask about the baby if she is going to keep it or kill it
as it is an invasion of her privacy, and is something belongs to her
and I'm not allowed to share it. And I'm simply hurt! What logic is
that? How can I go to work and have to do creative work while my mind
is full of all kind of questions that have no answers, sadness, doubt,
and anger!
Am I supposed to quit my job, go to live in the street, and throw
everything behind my back? Then the BCIS would understand that I'm
suffering all kind of mental cruelty!
And again for some people who keep bringing up the Asylum thing, I've
never brought that up, all what I said is in my situation I have to
suffer all this and stay in this country because I have no other
choice, Andrew in his 1st post made like it is illegal to say I want
to stay in this country.
Whatever you call it "Battered spouse" or "Mental Cruelty" this is my
situation, and I'm here to ask people who know more than me.
Thanks for everybody.
> all know that that is not true. Anyway, battered spouses, to me, are
> those who are "put in the hospital" because their spouse hit them or
> they have been extremely controlled (locked in the house, denied food,
> forced to work and the wages confiscated), etc. Battered spouses are
> *not* people who have simply been in arguments or who have been cheated
> on. Granted, such behavior hurts too, no doubt. But your liberty was not
> compromised, your person was not violated - your pride was simply hurt.
>
> But again, assuming you have prove that your marriage was legitimate
> (and I believe you said you did) then what stops you from simply self
> petitioning?
The thing that I don't understand is Andrew trying to say if I didn't
go to a hospital with one of my bones broken, then the law will not
going to consider my situation! what would you call it when somebody
spends 2 days living on coffee and cigarettes with no food! What would
you call it when somebody carries the blood test in his hand and has
no right to ask about the baby if she is going to keep it or kill it
as it is an invasion of her privacy, and is something belongs to her
and I'm not allowed to share it. And I'm simply hurt! What logic is
that? How can I go to work and have to do creative work while my mind
is full of all kind of questions that have no answers, sadness, doubt,
and anger!
Am I supposed to quit my job, go to live in the street, and throw
everything behind my back? Then the BCIS would understand that I'm
suffering all kind of mental cruelty!
And again for some people who keep bringing up the Asylum thing, I've
never brought that up, all what I said is in my situation I have to
suffer all this and stay in this country because I have no other
choice, Andrew in his 1st post made like it is illegal to say I want
to stay in this country.
Whatever you call it "Battered spouse" or "Mental Cruelty" this is my
situation, and I'm here to ask people who know more than me.
Thanks for everybody.
Mar 16th 2004, 3:08 pm
#33
Joined: Apr 2002
Posts: 35,082
Re: I-751 Separation and Divorce
Originally posted by Justice Whatever you call it "Battered spouse" or "Mental Cruelty" this is my
situation, and I'm here to ask people who know more than me.
situation, and I'm here to ask people who know more than me.
Mar 16th 2004, 4:21 pm
#34
Guest
Posts: n/a
Re: I-751 Separation and Divorce
Justice wrote:
>
>
> The thing that I don't understand is Andrew trying to say if I didn't
> go to a hospital with one of my bones broken, then the law will not
> going to consider my situation! what would you call it when somebody
> spends 2 days living on coffee and cigarettes with no food! What would
> you call it when somebody carries the blood test in his hand and has
> no right to ask about the baby if she is going to keep it or kill it
> as it is an invasion of her privacy, and is something belongs to her
> and I'm not allowed to share it. And I'm simply hurt! What logic is
> that? How can I go to work and have to do creative work while my mind
> is full of all kind of questions that have no answers, sadness, doubt,
> and anger!
I don't think adultery meets the legal terms for extreme mental cruelty.
Do you think she is doing it to be cruel to you, or because she wants
sex with someone else? Abuse is when someone does something to hurt you.
Do you feel she is having the abortion to be cruel to you, or because
she feels that it is the best course of action for her? If your spouse
commits suicide, is that an example of her abusing you because it
affects your mental state?
>
>
> The thing that I don't understand is Andrew trying to say if I didn't
> go to a hospital with one of my bones broken, then the law will not
> going to consider my situation! what would you call it when somebody
> spends 2 days living on coffee and cigarettes with no food! What would
> you call it when somebody carries the blood test in his hand and has
> no right to ask about the baby if she is going to keep it or kill it
> as it is an invasion of her privacy, and is something belongs to her
> and I'm not allowed to share it. And I'm simply hurt! What logic is
> that? How can I go to work and have to do creative work while my mind
> is full of all kind of questions that have no answers, sadness, doubt,
> and anger!
I don't think adultery meets the legal terms for extreme mental cruelty.
Do you think she is doing it to be cruel to you, or because she wants
sex with someone else? Abuse is when someone does something to hurt you.
Do you feel she is having the abortion to be cruel to you, or because
she feels that it is the best course of action for her? If your spouse
commits suicide, is that an example of her abusing you because it
affects your mental state?
Mar 16th 2004, 7:01 pm
#35
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Re: I-751 Separation and Divorce
Originally posted by Mtravelkay
Justice wrote:
>
>
> The thing that I don't understand is Andrew trying to say if I didn't
> go to a hospital with one of my bones broken, then the law will not
> going to consider my situation! what would you call it when somebody
> spends 2 days living on coffee and cigarettes with no food! What would
> you call it when somebody carries the blood test in his hand and has
> no right to ask about the baby if she is going to keep it or kill it
> as it is an invasion of her privacy, and is something belongs to her
> and I'm not allowed to share it. And I'm simply hurt! What logic is
> that? How can I go to work and have to do creative work while my mind
> is full of all kind of questions that have no answers, sadness, doubt,
> and anger!
I don't think adultery meets the legal terms for extreme mental cruelty.
Do you think she is doing it to be cruel to you, or because she wants
sex with someone else? Abuse is when someone does something to hurt you.
Do you feel she is having the abortion to be cruel to you, or because
she feels that it is the best course of action for her? If your spouse
commits suicide, is that an example of her abusing you because it
affects your mental state?
Justice wrote:
>
>
> The thing that I don't understand is Andrew trying to say if I didn't
> go to a hospital with one of my bones broken, then the law will not
> going to consider my situation! what would you call it when somebody
> spends 2 days living on coffee and cigarettes with no food! What would
> you call it when somebody carries the blood test in his hand and has
> no right to ask about the baby if she is going to keep it or kill it
> as it is an invasion of her privacy, and is something belongs to her
> and I'm not allowed to share it. And I'm simply hurt! What logic is
> that? How can I go to work and have to do creative work while my mind
> is full of all kind of questions that have no answers, sadness, doubt,
> and anger!
I don't think adultery meets the legal terms for extreme mental cruelty.
Do you think she is doing it to be cruel to you, or because she wants
sex with someone else? Abuse is when someone does something to hurt you.
Do you feel she is having the abortion to be cruel to you, or because
she feels that it is the best course of action for her? If your spouse
commits suicide, is that an example of her abusing you because it
affects your mental state?
Does anyone else get the impression that there at least two sides to this scenario?
Abused and abuser can be and often are synonymous in differing situations.
Regardless of "who started it".
Mar 17th 2004, 12:14 am
#36
Concierge
Joined: Apr 2001
Posts: 46,469
Re: I-751 Separation and Divorce
Originally posted by AGUILA
Rete:
I am very dissapointed with you. I think that Justice has a case of mental cruelty not solely based on the adultery issue, but rather on the treatment for anxiety and depression he has received. I must also state that the bona fide marriage waiver is DISCRETIONARY as opposed to the extreme mental cruelty wherein if proven must be granted this a big difference when you have lots of evidence about a bona fide marriage but you might still get denied.
Rete:
I am very dissapointed with you. I think that Justice has a case of mental cruelty not solely based on the adultery issue, but rather on the treatment for anxiety and depression he has received. I must also state that the bona fide marriage waiver is DISCRETIONARY as opposed to the extreme mental cruelty wherein if proven must be granted this a big difference when you have lots of evidence about a bona fide marriage but you might still get denied.
What you fail to grasp is that everything about USCIS processing is discretionary.
What is the percentage of denial of claims of filers who are seeking condition removal based on a bona fide marriage and the percentage of those seeking condition removal based on mental cruelty.
Look up Jackie Zimmerman. Here you will find a woman who divorced her husband, filed for removal based on a bona fide marriage, married another while waiting for adjudication and still had her conditions removed successfully. She is only one of several over the last year to have success. Not one poster todate has posted that they have been unsuccessful.
Mental cruelty is a very subjective matter, maybe for one person having a wife that is cheating on him will not cause so much pain, but for another person it might destroy a mans life to such extreme of even commiting suicide, the poing I want to get across is if he has received treatment for depression/anxiety due to his wife behaviors then he qualifies for the extreme mental cruelty waiver.
Adultery is grounds for divorce in most states. It is in New York State. While I would agree that some people will become depressed and sudicial when faced with a spouse who has committed adultery, one should look to the fact that the depression and anxiety might already be part of their character and that the symptons might have been one of the factors in causing the adulterous behavior of the other spouse.
I am not afraid of anything, I had a bona fide union that did not last and I was involved with a very abusive wife, so I will apply for both waivers and I have evidence to support both claims. Don't take it personally when I refer to the term 'woman'.
I make comments in this topic because I myself have been evaluated by EXPERTS in the field recognized by USCIS to determine extreme mental cruelty. In addittion, I have done a lot of research in the topic for several months and I have been trated for anxiety and depression disofrders as well.
I make comments in this topic because I myself have been evaluated by EXPERTS in the field recognized by USCIS to determine extreme mental cruelty. In addittion, I have done a lot of research in the topic for several months and I have been trated for anxiety and depression disofrders as well.
[/QUOTE]
Mar 17th 2004, 12:37 am
#37
Concierge
Joined: Apr 2001
Posts: 46,469
Re: I-751 Separation and Divorce
Originally posted by Justice
[The thing that I don't understand is Andrew trying to say if I didn't
go to a hospital with one of my bones broken, then the law will not
going to consider my situation! what would you call it when somebody
spends 2 days living on coffee and cigarettes with no food! What would
you call it when somebody carries the blood test in his hand and has
no right to ask about the baby if she is going to keep it or kill it
as it is an invasion of her privacy, and is something belongs to her
and I'm not allowed to share it. And I'm simply hurt! What logic is
that? How can I go to work and have to do creative work while my mind
is full of all kind of questions that have no answers, sadness, doubt,
and anger!
[The thing that I don't understand is Andrew trying to say if I didn't
go to a hospital with one of my bones broken, then the law will not
going to consider my situation! what would you call it when somebody
spends 2 days living on coffee and cigarettes with no food! What would
you call it when somebody carries the blood test in his hand and has
no right to ask about the baby if she is going to keep it or kill it
as it is an invasion of her privacy, and is something belongs to her
and I'm not allowed to share it. And I'm simply hurt! What logic is
that? How can I go to work and have to do creative work while my mind
is full of all kind of questions that have no answers, sadness, doubt,
and anger!
Unless you have proof that your wife committed adultery then you have no right to publicly accuse her of such an act. While some people might think suggestive or explicitly sexual e-mails are adultery, if they have not physically been together and you can prove this then the written word is not proof. At least not in my book. It might be an indicator that the act might have occurred or will occur in the future but it is not the act itself.
As for the pregnancy test being positive, that is an issue, as is your wife's fidelity, between you and she. Marriages do not end in one swift stroke. They start to disintergrate long before someone mentions the divorce word.
I don't know you nor do I know her and I certainly do not know what either of you wanted from this marriage nor what either of you gave to make this marriage work. But it is apparent that someone or both of you did not get what you thought you needed to make this marriage last.
As for her pregnancy, many would say that it is her body and her choice. And there are states that will back that up. I don't know if your state is one of them. If you feel this is indeed your child and your admits to not having committed adultery and to only having thought of doing so, then it is your child as apparently from your posts you both were sexually active with one another up until the end of this marriage.
My advise would be to gather all the documentation you can of what you filed in the past with USCIS. Gather all the documentation you need to support your claim of a bona fide marriage and if you two can't work through your issues to sustain your marriage then move out. Your obligation is to yourself at that point. Your physical and mental well being is in your hands. It always has been if you haven't been overpowered by a spouse with a strength greater than yours or with a weapon in their hands.
Am I supposed to quit my job, go to live in the street, and throw
everything behind my back? Then the BCIS would understand that I'm
suffering all kind of mental cruelty!
everything behind my back? Then the BCIS would understand that I'm
suffering all kind of mental cruelty!
And again for some people who keep bringing up the Asylum thing, I've
never brought that up, all what I said is in my situation I have to
suffer all this and stay in this country because I have no other
choice, Andrew in his 1st post made like it is illegal to say I want
to stay in this country. Whatever you call it "Battered spouse" or "Mental Cruelty" this is my
situation, and I'm here to ask people who know more than me.
Thanks for everybody.
never brought that up, all what I said is in my situation I have to
suffer all this and stay in this country because I have no other
choice, Andrew in his 1st post made like it is illegal to say I want
to stay in this country. Whatever you call it "Battered spouse" or "Mental Cruelty" this is my
situation, and I'm here to ask people who know more than me.
Thanks for everybody.
Good luck with your case and your life.
Rete
Mar 17th 2004, 2:43 am
#38
Guest
Posts: n/a
Re: I-751 Separation and Divorce
Leslie66 <member14032@british_expats.com> wrote in message
> You said............
>
> "I have the report that shows the blood test
> result is positive,"
>
> If your wife is (still) pregnant then exactly what
> blood test are you talking about? Did they do an in-vitro DNA paternity
> test? They would have also had to have a sample of your DNA to perform
> this type of testing. If it was just blood typing that does not prove
> you are the father. It just means that you cannot be excluded as the
> father at this time.
I have said this many times now, how can I get a DNA test while she is
not allowing me to share her decision to keep the baby or to have an
abortion?
> I'm not sure why any of this would be relevant in
> either the "extreme mental cruelty" or the "asylum" scenario.
>
There is no confusion, it's just somebody used his/her imagination, I
didn't bring up anything about asylum, and I know that asylum is
something totally different, and if I wanted to go that route I could
have done that long time ago. Please read post #19
> If there are things you cannot post then you won't ever
> really get accurate responses in this type of forum. Have you consulted
> an attorney?
Things that I cannot post are very private and not really nice to be
posted here. I'm going to see an attorney tomorrow.
> You said............
>
> "I have the report that shows the blood test
> result is positive,"
>
> If your wife is (still) pregnant then exactly what
> blood test are you talking about? Did they do an in-vitro DNA paternity
> test? They would have also had to have a sample of your DNA to perform
> this type of testing. If it was just blood typing that does not prove
> you are the father. It just means that you cannot be excluded as the
> father at this time.
I have said this many times now, how can I get a DNA test while she is
not allowing me to share her decision to keep the baby or to have an
abortion?
> I'm not sure why any of this would be relevant in
> either the "extreme mental cruelty" or the "asylum" scenario.
>
There is no confusion, it's just somebody used his/her imagination, I
didn't bring up anything about asylum, and I know that asylum is
something totally different, and if I wanted to go that route I could
have done that long time ago. Please read post #19
> If there are things you cannot post then you won't ever
> really get accurate responses in this type of forum. Have you consulted
> an attorney?
Things that I cannot post are very private and not really nice to be
posted here. I'm going to see an attorney tomorrow.
Mar 17th 2004, 2:51 am
#39
Guest
Posts: n/a
Re: I-751 Separation and Divorce
meauxna <member1851@british_expats.com> wrote in message news:<[email protected]>...
> Originally posted by Justice Whatever you call it
> "Battered spouse" or "Mental Cruelty" this is my
> > situation, and I'm
> here to ask people who know more than me.
> >
> >
>
> Am I having a
> total brain fade here? Can't you divorce now and self-petition based on
> a bonafide marriage? Why go the Abused/Battered route?
No you're not, I need to know my options, before I take action.
> Originally posted by Justice Whatever you call it
> "Battered spouse" or "Mental Cruelty" this is my
> > situation, and I'm
> here to ask people who know more than me.
> >
> >
>
> Am I having a
> total brain fade here? Can't you divorce now and self-petition based on
> a bonafide marriage? Why go the Abused/Battered route?
No you're not, I need to know my options, before I take action.
Mar 17th 2004, 3:11 am
#40
Guest
Posts: n/a
Re: I-751 Separation and Divorce
Rete wrote:
> Originally posted by AGUILA
>
>>Rete:
>>I am very
>
> dissapointed with you. I think that Justice has a case of mental
> cruelty not solely based on the adultery issue, but rather on the
> treatment for anxiety and depression he has received.
Being treated for anxieety and depression is his reaction to the events,
not because he was "abused'. His wife was doing something for herself,
she wasn't doing it to be doing something to him.
> Originally posted by AGUILA
>
>>Rete:
>>I am very
>
> dissapointed with you. I think that Justice has a case of mental
> cruelty not solely based on the adultery issue, but rather on the
> treatment for anxiety and depression he has received.
Being treated for anxieety and depression is his reaction to the events,
not because he was "abused'. His wife was doing something for herself,
she wasn't doing it to be doing something to him.
Mar 17th 2004, 3:13 am
#41
Guest
Posts: n/a
Re: I-751 Separation and Divorce
Rete wrote:
>
> As for her pregnancy, many would
> say that it is her body and her choice. And there are states that will
> back that up.
The Supreme Court backed this one up in Roe vs Wade.
If it were up to the states, she could simply go to another state.
>
> As for her pregnancy, many would
> say that it is her body and her choice. And there are states that will
> back that up.
The Supreme Court backed this one up in Roe vs Wade.
If it were up to the states, she could simply go to another state.
Mar 17th 2004, 3:15 am
#42
Guest
Posts: n/a
Re: I-751 Separation and Divorce
Justice wrote:
> Things that I cannot post are very private and not really nice to be
> posted here. I'm going to see an attorney tomorrow.
Isn't the whole adultery issue private?
Her being pregnant and wanting an abortion is not really an immigration
issue.
> Things that I cannot post are very private and not really nice to be
> posted here. I'm going to see an attorney tomorrow.
Isn't the whole adultery issue private?
Her being pregnant and wanting an abortion is not really an immigration
issue.
Mar 17th 2004, 3:17 am
#43
Guest
Posts: n/a
Re: I-751 Separation and Divorce
Justice wrote:
> meauxna <member1851@british_expats.com> wrote in message news:<[email protected]>...
>
>>Originally posted by Justice Whatever you call it
>>"Battered spouse" or "Mental Cruelty" this is my
>>>situation, and I'm
>> here to ask people who know more than me.
>>>
>>Am I having a
>>total brain fade here? Can't you divorce now and self-petition based on
>>a bonafide marriage? Why go the Abused/Battered route?
>
>
> No you're not, I need to know my options, before I take action.
If you really married legitimately, then there should be no issue with
filing I-751 on your own after the divorce.
> meauxna <member1851@british_expats.com> wrote in message news:<[email protected]>...
>
>>Originally posted by Justice Whatever you call it
>>"Battered spouse" or "Mental Cruelty" this is my
>>>situation, and I'm
>> here to ask people who know more than me.
>>>
>>Am I having a
>>total brain fade here? Can't you divorce now and self-petition based on
>>a bonafide marriage? Why go the Abused/Battered route?
>
>
> No you're not, I need to know my options, before I take action.
If you really married legitimately, then there should be no issue with
filing I-751 on your own after the divorce.
Mar 17th 2004, 3:55 am
#44
Guest
Posts: n/a
Re: I-751 Separation and Divorce
Justice wrote:
>> I understand what you mean. It's as if husbands cannot be abused yet
>> we all know that that is not true. Anyway, battered spouses, to me,
>> are those who are "put in the hospital" because their spouse hit them or
>> they have been extremely controlled (locked in the house, denied
>> food, forced to work and the wages confiscated), etc. Battered
>> spouses are *not* people who have simply been in arguments or who
>> have been cheated on. Granted, such behavior hurts too, no doubt. But
>> your liberty was not compromised, your person was not violated - your
>> pride was simply hurt.
>> But again, assuming you have prove that your marriage was legitimate
>> (and I believe you said you did) then what stops you from simply self
>> petitioning?
> The thing that I don't understand is Andrew trying to say if I didn't
> go to a hospital with one of my bones broken, then the law will not
> going to consider my situation!
No I'm sure they will consider it. What I'm saying is that they may not
deem it extreme mental cruelty.
> what would you call it when somebody spends 2 days living on coffee
> and cigarettes with no food!
A crappy two days! :-)
Not sure what you mean here. Did she somehow prevent you from obtaining
food? Did she only allow you coffee? What stopped you from going to the
fridge and getting some food? Etc.
> What would you call it when somebody carries the blood test in his
> hand and has no right to ask about the baby if she is going to keep it
> or kill it as it is an invasion of her privacy, and is something
> belongs to her and I'm not allowed to share it.
I call it sucky. Personally I find the medical privacy stuff that seems
to be getting more and more exclusive, a step in the wrong direction,
especially in cases such as these where it is quite possible that the
baby is yours and therefore you should have some say so. What does the
law say about this? What does your attorney say about this? And finally,
if the law allows the mother such privacy rights then can it be claimed
to be abuse?
> And I'm simply hurt!
No doubt. I would be too.
> What logic is that?
I guess the logic is that as of yet the baby is indeed hers and not
necessarily yours (until proven). That said, if the baby is not yours
then why do you think you have rights WRT the baby? (Hey I'm guessing here).
> How can I go to work and have to do creative work while my mind is
> full of all kind of questions that have no answers, sadness, doubt,
> and anger!
Hey dude, lots of people go through lots of questioning, sadness, doubt
and anger WRT their family situations. You've got a situation where you
have trouble in your marriage. Such a situation is not necessarily
abuse, just a bad situation.
> Am I supposed to quit my job, go to live in the street, and throw
> everything behind my back?
That's up to you. I don't see why you would choose that course of action.
> Then the BCIS would understand that I'm suffering all kind of mental
> cruelty!
Self inflicted if you chose (with emphasis on the work chose) to follow
that course of action. Hey a long time ago I was in a similar situation
- not a cheating but a siltation regarding babies and girlfriends at the
time. Needless to say I was also conflicted, distracted, confused, sad,
angry, etc. I went to work. I probably didn't perform well. I didn't
quit my job, etc. You are supposed to handle such situations, albeit
difficult sitatuions. Just because your in a difficult situation does
not necessarily mean that your spouse is purposefully attempting to
inflict mental cruelty on you nor does it mean that it is extreme. It's
tough, due to the situation at hand. You may feel that she is doing this
on purpose with meanness and vengeous but so far you have yet to show
that this is the case. Her actions can be easily explained as her
likewise feeling she's in a bad situation and as a result she had turned
to another for emotional support and perhaps even gotten too involved
with that other person. That's not the mark of somebody who is "out to
get you" as it were.
> And again for some people who keep bringing up the Asylum thing, I've
> never brought that up, all what I said is in my situation I have to
> suffer all this and stay in this country because I have no other choice,
And why is that? Why do you have no other choice? Why can't you go back
home? Or is it really that you don't want to go back home (nothing
necessarily wrong with that but you speak as if it is impossible yet
fail to tell us why).
> Andrew in his 1st post made like it is illegal to say I want to stay
> in this country.
I didn't say at all that it was illegal to want to stay in this country.
It is, however, illegal to abuse the system, to trick it so that you are
granted the right to stay when you should not really be granted the
right to stay.
Additionally, and you have been asked several times now, why can't you
simply self-petition? Failing to address that simple question makes your
responses in general questionable because it gives about the appearance
that you are hiding something.
> Whatever you call it "Battered spouse" or "Mental Cruelty" this is my
> situation, and I'm here to ask people who know more than me.
IMHO you have neither. You are just a jilted husband who is hurt and is
trying to classify that hurt into "mental cruelty" so you can gain an
immigration benefit.
--
"Criminal Lawyer" is a redundancy.
>> I understand what you mean. It's as if husbands cannot be abused yet
>> we all know that that is not true. Anyway, battered spouses, to me,
>> are those who are "put in the hospital" because their spouse hit them or
>> they have been extremely controlled (locked in the house, denied
>> food, forced to work and the wages confiscated), etc. Battered
>> spouses are *not* people who have simply been in arguments or who
>> have been cheated on. Granted, such behavior hurts too, no doubt. But
>> your liberty was not compromised, your person was not violated - your
>> pride was simply hurt.
>> But again, assuming you have prove that your marriage was legitimate
>> (and I believe you said you did) then what stops you from simply self
>> petitioning?
> The thing that I don't understand is Andrew trying to say if I didn't
> go to a hospital with one of my bones broken, then the law will not
> going to consider my situation!
No I'm sure they will consider it. What I'm saying is that they may not
deem it extreme mental cruelty.
> what would you call it when somebody spends 2 days living on coffee
> and cigarettes with no food!
A crappy two days! :-)
Not sure what you mean here. Did she somehow prevent you from obtaining
food? Did she only allow you coffee? What stopped you from going to the
fridge and getting some food? Etc.
> What would you call it when somebody carries the blood test in his
> hand and has no right to ask about the baby if she is going to keep it
> or kill it as it is an invasion of her privacy, and is something
> belongs to her and I'm not allowed to share it.
I call it sucky. Personally I find the medical privacy stuff that seems
to be getting more and more exclusive, a step in the wrong direction,
especially in cases such as these where it is quite possible that the
baby is yours and therefore you should have some say so. What does the
law say about this? What does your attorney say about this? And finally,
if the law allows the mother such privacy rights then can it be claimed
to be abuse?
> And I'm simply hurt!
No doubt. I would be too.
> What logic is that?
I guess the logic is that as of yet the baby is indeed hers and not
necessarily yours (until proven). That said, if the baby is not yours
then why do you think you have rights WRT the baby? (Hey I'm guessing here).
> How can I go to work and have to do creative work while my mind is
> full of all kind of questions that have no answers, sadness, doubt,
> and anger!
Hey dude, lots of people go through lots of questioning, sadness, doubt
and anger WRT their family situations. You've got a situation where you
have trouble in your marriage. Such a situation is not necessarily
abuse, just a bad situation.
> Am I supposed to quit my job, go to live in the street, and throw
> everything behind my back?
That's up to you. I don't see why you would choose that course of action.
> Then the BCIS would understand that I'm suffering all kind of mental
> cruelty!
Self inflicted if you chose (with emphasis on the work chose) to follow
that course of action. Hey a long time ago I was in a similar situation
- not a cheating but a siltation regarding babies and girlfriends at the
time. Needless to say I was also conflicted, distracted, confused, sad,
angry, etc. I went to work. I probably didn't perform well. I didn't
quit my job, etc. You are supposed to handle such situations, albeit
difficult sitatuions. Just because your in a difficult situation does
not necessarily mean that your spouse is purposefully attempting to
inflict mental cruelty on you nor does it mean that it is extreme. It's
tough, due to the situation at hand. You may feel that she is doing this
on purpose with meanness and vengeous but so far you have yet to show
that this is the case. Her actions can be easily explained as her
likewise feeling she's in a bad situation and as a result she had turned
to another for emotional support and perhaps even gotten too involved
with that other person. That's not the mark of somebody who is "out to
get you" as it were.
> And again for some people who keep bringing up the Asylum thing, I've
> never brought that up, all what I said is in my situation I have to
> suffer all this and stay in this country because I have no other choice,
And why is that? Why do you have no other choice? Why can't you go back
home? Or is it really that you don't want to go back home (nothing
necessarily wrong with that but you speak as if it is impossible yet
fail to tell us why).
> Andrew in his 1st post made like it is illegal to say I want to stay
> in this country.
I didn't say at all that it was illegal to want to stay in this country.
It is, however, illegal to abuse the system, to trick it so that you are
granted the right to stay when you should not really be granted the
right to stay.
Additionally, and you have been asked several times now, why can't you
simply self-petition? Failing to address that simple question makes your
responses in general questionable because it gives about the appearance
that you are hiding something.
> Whatever you call it "Battered spouse" or "Mental Cruelty" this is my
> situation, and I'm here to ask people who know more than me.
IMHO you have neither. You are just a jilted husband who is hurt and is
trying to classify that hurt into "mental cruelty" so you can gain an
immigration benefit.
--
"Criminal Lawyer" is a redundancy.
Mar 17th 2004, 5:51 am
#45
BE Enthusiast
Joined: Nov 2003
Posts: 325
Re: I-751 Separation and Divorce
Originally posted by Andrew DeFaria
Justice wrote:
arguments or who [/q2]
>> have been cheated on. Granted, such behavior hurts too, no doubt. But
>> your liberty was not compromised, your person was not violated - your
>> pride was simply hurt.
>> But again, assuming you have prove that your marriage was legitimate
>> (and I believe you said you did) then what stops you from simply self
>> petitioning?
> The thing that I don't understand is Andrew trying to say if I didn't
> go to a hospital with one of my bones broken, then the law will not
> going to consider my situation!
No I'm sure they will consider it. What I'm saying is that they may not
deem it extreme mental cruelty.
> what would you call it when somebody spends 2 days living on coffee
> and cigarettes with no food!
A crappy two days! :-)
Not sure what you mean here. Did she somehow prevent you from obtaining
food? Did she only allow you coffee? What stopped you from going to the
fridge and getting some food? Etc.
> What would you call it when somebody carries the blood test in his
> hand and has no right to ask about the baby if she is going to keep it
> or kill it as it is an invasion of her privacy, and is something
> belongs to her and I'm not allowed to share it.
I call it sucky. Personally I find the medical privacy stuff that seems
to be getting more and more exclusive, a step in the wrong direction,
especially in cases such as these where it is quite possible that the
baby is yours and therefore you should have some say so. What does the
law say about this? What does your attorney say about this? And finally,
if the law allows the mother such privacy rights then can it be claimed
to be abuse?
> And I'm simply hurt!
No doubt. I would be too.
> What logic is that?
I guess the logic is that as of yet the baby is indeed hers and not
necessarily yours (until proven). That said, if the baby is not yours
then why do you think you have rights WRT the baby? (Hey I'm guessing here).
> How can I go to work and have to do creative work while my mind is
> full of all kind of questions that have no answers, sadness, doubt,
> and anger!
Hey dude, lots of people go through lots of questioning, sadness, doubt
and anger WRT their family situations. You've got a situation where you
have trouble in your marriage. Such a situation is not necessarily
abuse, just a bad situation.
> Am I supposed to quit my job, go to live in the street, and throw
> everything behind my back?
That's up to you. I don't see why you would choose that course of action.
> Then the BCIS would understand that I'm suffering all kind of mental
> cruelty!
Self inflicted if you chose (with emphasis on the work chose) to follow
that course of action. Hey a long time ago I was in a similar situation
- not a cheating but a siltation regarding babies and girlfriends at the
time. Needless to say I was also conflicted, distracted, confused, sad,
angry, etc. I went to work. I probably didn't perform well. I didn't
quit my job, etc. You are supposed to handle such situations, albeit
difficult sitatuions. Just because your in a difficult situation does
not necessarily mean that your spouse is purposefully attempting to
inflict mental cruelty on you nor does it mean that it is extreme. It's
tough, due to the situation at hand. You may feel that she is doing this
on purpose with meanness and vengeous but so far you have yet to show
that this is the case. Her actions can be easily explained as her
likewise feeling she's in a bad situation and as a result she had turned
to another for emotional support and perhaps even gotten too involved
with that other person. That's not the mark of somebody who is "out to
get you" as it were.
> And again for some people who keep bringing up the Asylum thing, I've
> never brought that up, all what I said is in my situation I have to
> suffer all this and stay in this country because I have no other choice,
And why is that? Why do you have no other choice? Why can't you go back
home? Or is it really that you don't want to go back home (nothing
necessarily wrong with that but you speak as if it is impossible yet
fail to tell us why).
> Andrew in his 1st post made like it is illegal to say I want to stay
> in this country.
I didn't say at all that it was illegal to want to stay in this country.
It is, however, illegal to abuse the system, to trick it so that you are
granted the right to stay when you should not really be granted the
right to stay.
Additionally, and you have been asked several times now, why can't you
simply self-petition? Failing to address that simple question makes your
responses in general questionable because it gives about the appearance
that you are hiding something.
> Whatever you call it "Battered spouse" or "Mental Cruelty" this is my
> situation, and I'm here to ask people who know more than me.
IMHO you have neither. You are just a jilted husband who is hurt and is
trying to classify that hurt into "mental cruelty" so you can gain an
immigration benefit.
--
>> I understand what you mean. It's as if husbands cannot be abused yet
>> we all know that that is not true. Anyway, battered spouses, to me,
>> are those who are "put in the hospital" because their spouse hit them or
>> they have been extremely controlled (locked in the house, denied
>> food, forced to work and the wages confiscated), etc. Battered
[q2]>> spouses are *not* people who have simply been in
"Criminal Lawyer" is a redundancy.
Justice wrote:
arguments or who [/q2]
>> have been cheated on. Granted, such behavior hurts too, no doubt. But
>> your liberty was not compromised, your person was not violated - your
>> pride was simply hurt.
>> But again, assuming you have prove that your marriage was legitimate
>> (and I believe you said you did) then what stops you from simply self
>> petitioning?
> The thing that I don't understand is Andrew trying to say if I didn't
> go to a hospital with one of my bones broken, then the law will not
> going to consider my situation!
No I'm sure they will consider it. What I'm saying is that they may not
deem it extreme mental cruelty.
> what would you call it when somebody spends 2 days living on coffee
> and cigarettes with no food!
A crappy two days! :-)
Not sure what you mean here. Did she somehow prevent you from obtaining
food? Did she only allow you coffee? What stopped you from going to the
fridge and getting some food? Etc.
> What would you call it when somebody carries the blood test in his
> hand and has no right to ask about the baby if she is going to keep it
> or kill it as it is an invasion of her privacy, and is something
> belongs to her and I'm not allowed to share it.
I call it sucky. Personally I find the medical privacy stuff that seems
to be getting more and more exclusive, a step in the wrong direction,
especially in cases such as these where it is quite possible that the
baby is yours and therefore you should have some say so. What does the
law say about this? What does your attorney say about this? And finally,
if the law allows the mother such privacy rights then can it be claimed
to be abuse?
> And I'm simply hurt!
No doubt. I would be too.
> What logic is that?
I guess the logic is that as of yet the baby is indeed hers and not
necessarily yours (until proven). That said, if the baby is not yours
then why do you think you have rights WRT the baby? (Hey I'm guessing here).
> How can I go to work and have to do creative work while my mind is
> full of all kind of questions that have no answers, sadness, doubt,
> and anger!
Hey dude, lots of people go through lots of questioning, sadness, doubt
and anger WRT their family situations. You've got a situation where you
have trouble in your marriage. Such a situation is not necessarily
abuse, just a bad situation.
> Am I supposed to quit my job, go to live in the street, and throw
> everything behind my back?
That's up to you. I don't see why you would choose that course of action.
> Then the BCIS would understand that I'm suffering all kind of mental
> cruelty!
Self inflicted if you chose (with emphasis on the work chose) to follow
that course of action. Hey a long time ago I was in a similar situation
- not a cheating but a siltation regarding babies and girlfriends at the
time. Needless to say I was also conflicted, distracted, confused, sad,
angry, etc. I went to work. I probably didn't perform well. I didn't
quit my job, etc. You are supposed to handle such situations, albeit
difficult sitatuions. Just because your in a difficult situation does
not necessarily mean that your spouse is purposefully attempting to
inflict mental cruelty on you nor does it mean that it is extreme. It's
tough, due to the situation at hand. You may feel that she is doing this
on purpose with meanness and vengeous but so far you have yet to show
that this is the case. Her actions can be easily explained as her
likewise feeling she's in a bad situation and as a result she had turned
to another for emotional support and perhaps even gotten too involved
with that other person. That's not the mark of somebody who is "out to
get you" as it were.
> And again for some people who keep bringing up the Asylum thing, I've
> never brought that up, all what I said is in my situation I have to
> suffer all this and stay in this country because I have no other choice,
And why is that? Why do you have no other choice? Why can't you go back
home? Or is it really that you don't want to go back home (nothing
necessarily wrong with that but you speak as if it is impossible yet
fail to tell us why).
> Andrew in his 1st post made like it is illegal to say I want to stay
> in this country.
I didn't say at all that it was illegal to want to stay in this country.
It is, however, illegal to abuse the system, to trick it so that you are
granted the right to stay when you should not really be granted the
right to stay.
Additionally, and you have been asked several times now, why can't you
simply self-petition? Failing to address that simple question makes your
responses in general questionable because it gives about the appearance
that you are hiding something.
> Whatever you call it "Battered spouse" or "Mental Cruelty" this is my
> situation, and I'm here to ask people who know more than me.
IMHO you have neither. You are just a jilted husband who is hurt and is
trying to classify that hurt into "mental cruelty" so you can gain an
immigration benefit.
--
>> I understand what you mean. It's as if husbands cannot be abused yet
>> we all know that that is not true. Anyway, battered spouses, to me,
>> are those who are "put in the hospital" because their spouse hit them or
>> they have been extremely controlled (locked in the house, denied
>> food, forced to work and the wages confiscated), etc. Battered
[q2]>> spouses are *not* people who have simply been in
"Criminal Lawyer" is a redundancy.
I have a question for you, what does qualify for extreme mental cruelty, because you seem to be an expert in the field to determin what is not, so I would like to know from an expert like you what constitutes extreme mental cruelty.
Secondly, Justice cannot self-petition (I-360) because he is already a CPR, self-petitioning is available to aliens that have no status at all.
Perhaps Justice has already establish his life in the US, has a job, friends, and probably would be an extreme hardship to return to his home country. I many times wonder why are you around this board, so far, I have only seen you criticizing people and telling them for what they do not qualify etc, the worst is that you write here as if you were some sort of Immigration authority or even worse some sort of psychological/psychiatric authority...
"You are just a jilted husband who is hurt and is
trying to classify that hurt into "mental cruelty" so you can gain an
immigration benefit."
It is unbelievable who can you judge someone that you don't even know, applying your retarded thinking style I can conclude that you are very frustrated person to whom probably his wife/girlfriend has cheated on, have no friends, and is more miserable than Saddam Hussein.
