British Expats

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-   -   Victim of domestic violence (male) (https://britishexpats.com/forum/marriage-based-visas-35/victim-domestic-violence-male-381533/)

Help Jun 26th 2006 7:37 am

Victim of domestic violence (male)
 
Hi all,

I have been a victim of domestic violence , as my wife hit me resulting in her being arrested and server with Final Restraining Order , prior to that we failed to attend the green interview due to the wife hiding the letter . Hence thinking it was lost in the mail I am now filing for divorce on the grounds of DV. I would like to ask has anybody been this route to obtain a green card ? if so what steps and could I be deported as I don’t know my status

OI do have a lawyer but need to be on the other side of the coin

oh i have seen the ACT 237

ian-mstm Jun 26th 2006 12:00 pm

Re: Victim of domestic violence (male)
 

Originally Posted by Help
Hence thinking it was lost in the mail I am now filing for divorce on the grounds of DV

I don't think hiding a green card constitutes domestic violence, but I could be wrong.



I do have a lawyer but need to be on the other side of the coin
What does this mean?


You posted in September 2005 that your AOS had been denied. What have you been doing for 9 months?

Ian

Help Jun 26th 2006 2:34 pm

Re: Victim of domestic violence (male)
 

Originally Posted by Help
Hi all,

I have been a victim of domestic violence , as my wife hit me resulting in her being arrested and server with Final Restraining Order , prior to that we failed to attend the green interview due to the wife hiding the letter . Hence thinking it was lost in the mail I am now filing for divorce on the grounds of DV. I would like to ask has anybody been this route to obtain a green card ? if so what steps and could I be deported as I don’t know my status

OI do have a lawyer but need to be on the other side of the coin

oh i have seen the ACT 237

NO I she has been arrested on of domestic violence changes ,

And from the time of interview I have tried to do motion to reopen which is a waste of time

(oh my time line is way out and has not been updated)

pianoplayer Jun 26th 2006 2:39 pm

Re: Victim of domestic violence (male)
 

Originally Posted by Help
NO I she has been arrested on of domestic violence changes ,

And from the time of interview I have tried to do motion to reopen which is a waste of time

(oh my time line is way out and has not been updated)

I dont see why you would not be able to obtain a waiver after divorce, if you have good documentation about the battery/abuse. Domestic violence against men in the household is becoming more and more common. However, I think that this is something that you would definitely need legal guidance for, someone who can help you prepare your documentation, argument etc. You may need an attorney in any event for divorce. Best of luck.

Help Jun 26th 2006 2:53 pm

Re: Victim of domestic violence (male)
 

Originally Posted by pianoplayer
I dont see why you would not be able to obtain a waiver after divorce, if you have good documentation about the battery/abuse. Domestic violence against men in the household is becoming more and more common. However, I think that this is something that you would definitely need legal guidance for, someone who can help you prepare your documentation, argument etc. You may need an attorney in any event for divorce. Best of luck.


I have an attorney just would like to share the info with the forum and give the men a heds up the we also get abused . No disrespect to females .

but if any other users are going through the same thing can we share the info , thanks

scrubbedexpat099 Jun 26th 2006 2:59 pm

Re: Victim of domestic violence (male)
 

Originally Posted by Help
I have an attorney just would like to share the info with the forum and give the men a heds up the we also get abused . No disrespect to females .

but if any other users are going through the same thing can we share the info , thanks

There have been many threads on this subject, search for VAWA.

As far as I am aware the principals are the same, male or female.

Just Jenney Jun 27th 2006 4:13 pm

Re: Victim of domestic violence (male)
 

Originally Posted by Help
I have an attorney just would like to share the info with the forum and give the men a heds up the we also get abused . No disrespect to females .

but if any other users are going through the same thing can we share the info , thanks

You said back in Sept 2005 that you never got your appointment letter because you had moved and the letter was not forwarded to your new address. No mention of domestic violence or marital problems. You came back in March 2006 and said that you had applied for a new EAD (even though you are here illegally and not eligible for one) and wanted to know how you could renew your drivers license. Again, no mention of domestic violence or marital problems.

You have said in several threads that you have tried to file a MTR but that it's "a waste of time". From that I'm assuming that it did not go your way? Or did you simply never file a MTR? You got your denial letter almost 10 months ago and you still have not said what the current status is on your case.

I am sorry if your wife hit you, but given all the other elements to your immigration journey thus far -- which you left out of this thread -- it sounds like filing via VAWA is a convenient stretch.

~ Jenney

janadeen Jun 27th 2006 4:20 pm

Re: Victim of domestic violence (male)
 
You have an attorney.

The board does not know your whole story and all of its idiocincrasies or have all your documents and issues in front of us to peruse.

Follow the advice of the atty you're paying.

If you want another side of the coin, as you put it, go and consult with another atty.




Originally Posted by Help
Hi all,

I have been a victim of domestic violence , as my wife hit me resulting in her being arrested and server with Final Restraining Order , prior to that we failed to attend the green interview due to the wife hiding the letter . Hence thinking it was lost in the mail I am now filing for divorce on the grounds of DV. I would like to ask has anybody been this route to obtain a green card ? if so what steps and could I be deported as I don’t know my status

OI do have a lawyer but need to be on the other side of the coin

oh i have seen the ACT 237


Noorah101 Jun 27th 2006 4:27 pm

Re: Victim of domestic violence (male)
 

Originally Posted by Help
I have been a victim of domestic violence , as my wife hit me resulting in her being arrested and server with Final Restraining Order , prior to that we failed to attend the green interview due to the wife hiding the letter . Hence thinking it was lost in the mail I am now filing for divorce on the grounds of DV. I would like to ask has anybody been this route to obtain a green card ? if so what steps and could I be deported as I don’t know my status

OI do have a lawyer but need to be on the other side of the coin

oh i have seen the ACT 237

After hearing about your past immigration issues, such as not going to the AOS interview, not filing an MTR, etc., I'm just guessing that you actually have no status here right now, and are here illegally, and do not have permission to work.

Of course your lawyer would know better than I would, but I'm just guessing that even if you divorce, you no longer have a route to a green card because you actually have no status now to adjust from. Something to ask your lawyer about.

By the way, what DOES your lawyer advise, and why do you want to get laymen's opinions? Maybe your lawyer is telling you some news you don't want to hear?

Rene

janadeen Jun 27th 2006 4:35 pm

Re: Victim of domestic violence (male)
 
HELP - note the key word here - "lawyer, lawyer, lawyer".








Originally Posted by Noorah101
After hearing about your past immigration issues, such as not going to the AOS interview, not filing an MTR, etc., I'm just guessing that you actually have no status here right now, and are here illegally, and do not have permission to work.

Of course your lawyer would know better than I would, but I'm just guessing that even if you divorce, you no longer have a route to a green card because you actually have no status now to adjust from. Something to ask your lawyer about.

By the way, what DOES your lawyer advise, and why do you want to get laymen's opinions? Maybe your lawyer is telling you some news you don't want to hear?

Rene


Help Jun 27th 2006 4:48 pm

Re: Victim of domestic violence (male)
 

Originally Posted by janadeen
You have an attorney.

The board does not know your whole story and all of its idiocincrasies or have all your documents and issues in front of us to peruse.

Follow the advice of the atty you're paying.

If you want another side of the coin, as you put it, go and consult with another atty.


Thanks for all your help and keep up the good work on the forum..
Plese ignore the timeline as i have found out the truth on why the interview was missed

q) Public Charge is wife still responsible for me while I am married ?
also where is the ACT number on the BCIS site

Sometimes all we need some advise to point us in the correct direction as nobody know every thing this is why we must ask

ian-mstm Jun 27th 2006 5:40 pm

Re: Victim of domestic violence (male)
 

Originally Posted by Help
q) Public Charge is wife still responsible for me while I am married ?

She is responsible *only* if you successfully adjust your status. Since that hasn't happened and isn't likely to happen... she does not have to worry about it.

Ian

Help Jun 27th 2006 6:04 pm

Re: Victim of domestic violence (male)
 

Originally Posted by ian-mstm
She is responsible *only* if you successfully adjust your status. Since that hasn't happened and isn't likely to happen... she does not have to worry about it.

Ian


Hmm so what dose this mean the (corret me if i am a wrong)
Secition (6) on the I-i34 (affiidavit of support) which was sent in with the appliaction

Noorah101 Jun 27th 2006 6:20 pm

Re: Victim of domestic violence (male)
 

Originally Posted by Help
Hmm so what dose this mean the (corret me if i am a wrong)
Secition (6) on the I-i34 (affiidavit of support) which was sent in with the appliaction

The I-134 that was submitted with the application for your K-1 visa is no longer valid. It's the I-864 that was submitted with your AOS paperwork that Ian was referring to. That one would only be valid if you do indeed adjust status.

Besides which, the I-134 is not a legally binding contract, whereas the I-864 is.

Rene

Help Jun 27th 2006 6:32 pm

Re: Victim of domestic violence (male)
 

Originally Posted by Noorah101
The I-134 that was submitted with the application for your K-1 visa is no longer valid. It's the I-864 that was submitted with your AOS paperwork that Ian was referring to. That one would only be valid if you do indeed adjust status.

Besides which, the I-134 is not a legally binding contract, whereas the I-864 is.

Rene


Hmm so how do you work that out ? in section SIX and reads your are bound for 3 years


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