self petition for battered spouse
Mar 10th 2003, 1:30 pm
#16
Concierge
Joined: Apr 2001
Posts: 46,476
Re: self petition for battered spouse
Originally posted by bobzy
The I-751 is the form that is used "two years into the marriage" (I'll explain the quotes in a moment) to "petition to have conditions removed on residency." Normally, your US spouse signs and submits this to basically say that you have been in a real marriage for a few years. In most cases, you don't even do an interview -- they simply mail a card that says that you are a permanent resident and everyone lives happily ever after, even if they hate each other and get divorced.
The I-751 is the form that is used "two years into the marriage" (I'll explain the quotes in a moment) to "petition to have conditions removed on residency." Normally, your US spouse signs and submits this to basically say that you have been in a real marriage for a few years. In most cases, you don't even do an interview -- they simply mail a card that says that you are a permanent resident and everyone lives happily ever after, even if they hate each other and get divorced.
The I-751 is the form that is used to remove conditions placed on the foreign spouses status if their residency was approved before their second wedding anniversary. You cannot apply to remove those conditions two years into the marriage. You petition to remove conditions 90 days before the expiration of the conditional two year green card.
Also the petition is not only signed by the USC spouse but the foreign spouse as well. It is joint petition by both partners in a marriage and by the foreign spouse at any time after divorce but before the expiration of the conditional two year green card.
They do not simply mail a card when approved without an interview. If approved by the service center, a letter is received directing you to go to the district/local BCIS office for completion of a new I-89 for the manufacture of your ten year green card.
I hope that clarifies the I-751 in case anyone was confused.
Rete
Mar 10th 2003, 2:27 pm
#17
Guest
Posts: n/a
Re: self petition for battered spouse
DCMark wrote:
>
> That is really none of your business.
Are you replying to the OP or someone else?
This post was directly linked to the Original Post, so that is
confusing.
>
> That is really none of your business.
Are you replying to the OP or someone else?
This post was directly linked to the Original Post, so that is
confusing.
Mar 11th 2003, 4:12 am
#18
Guest
Posts: n/a
Re: self petition for battered spouse
soleil wrote in message news:...
> Bellac,
>
> Sorry to hear about your unfortunate situation. I hope things will
> work out soon.
>
> Just a side note about your other options. Please don't rule out moving
> back to France if the only reason is because you are worried about your
> daughter being able to adjust.
>
> I moved to America at the age of 5 as well and trust me - only the first
> 1-2 years was hard and that was because of the language barrier.
>
> Kids are quick to pick up new languages (you said she already
> understands French, but doesn't speak, right?). She will be fine.
>
> If there are other reasons you don't want to move back to France, that
> is a different story.
> I was asking this question about the evenements before me too i am feeling a lot of hostility since France took its position but well I live in Alabama we cannot expect too much understanding here....
I am at this time doing something again about my INS situation,4
months ago I hired an immigration attorney ,at this time is waiting to
get my file out of the probono attorney to check exactly what had been
done.
For my understanding it seems that since august 2000 when my first
application has been denied I have no status.
My new attorney told me that after examen of my file he will file if
possible an I.485 to readjust my status and from there we will file
I.360 self petition for battered spouse (we got evidences of the abuse
)and during the process we will ask for an authorization for work.
My attorney is worried about the delays because it seems that I had to
do this application within two years after my divorce (oct
1999).talking about delays what about the time wasted by the poor
legal services of the probono attorney, what about the time that he
took me to find out new resources ( informations and money ) and what
about the fact that after 4 months my file is still not in the hands
of the "new attorney" is it going to be taken in consideration???
> I just wanted to say though - you won't be doing any kind of injustice
> to your daughter if you choose France. Maybe comfortable and familiar
> setting is exactly what you need to move past your troubles?
>
> Good luck and my best regards,
> Sunny
> Bellac,
>
> Sorry to hear about your unfortunate situation. I hope things will
> work out soon.
>
> Just a side note about your other options. Please don't rule out moving
> back to France if the only reason is because you are worried about your
> daughter being able to adjust.
>
> I moved to America at the age of 5 as well and trust me - only the first
> 1-2 years was hard and that was because of the language barrier.
>
> Kids are quick to pick up new languages (you said she already
> understands French, but doesn't speak, right?). She will be fine.
>
> If there are other reasons you don't want to move back to France, that
> is a different story.
> I was asking this question about the evenements before me too i am feeling a lot of hostility since France took its position but well I live in Alabama we cannot expect too much understanding here....
I am at this time doing something again about my INS situation,4
months ago I hired an immigration attorney ,at this time is waiting to
get my file out of the probono attorney to check exactly what had been
done.
For my understanding it seems that since august 2000 when my first
application has been denied I have no status.
My new attorney told me that after examen of my file he will file if
possible an I.485 to readjust my status and from there we will file
I.360 self petition for battered spouse (we got evidences of the abuse
)and during the process we will ask for an authorization for work.
My attorney is worried about the delays because it seems that I had to
do this application within two years after my divorce (oct
1999).talking about delays what about the time wasted by the poor
legal services of the probono attorney, what about the time that he
took me to find out new resources ( informations and money ) and what
about the fact that after 4 months my file is still not in the hands
of the "new attorney" is it going to be taken in consideration???
> I just wanted to say though - you won't be doing any kind of injustice
> to your daughter if you choose France. Maybe comfortable and familiar
> setting is exactly what you need to move past your troubles?
>
> Good luck and my best regards,
> Sunny
Mar 11th 2003, 4:16 am
#19
Guest
Posts: n/a
Re: self petition for battered spouse
soleil wrote in message news:...
> Bellac,
>
> Sorry to hear about your unfortunate situation. I hope things will
> work out soon.
>
> Just a side note about your other options. Please don't rule out moving
> back to France if the only reason is because you are worried about your
> daughter being able to adjust.
>
> I moved to America at the age of 5 as well and trust me - only the first
> 1-2 years was hard and that was because of the language barrier.
>
> Kids are quick to pick up new languages (you said she already
> understands French, but doesn't speak, right?). She will be fine.
>
> If there are other reasons you don't want to move back to France, that
> is a different story.
> I just wanted to say though - you won't be doing any kind of injustice
> to your daughter if you choose France. Maybe comfortable and familiar
> setting is exactly what you need to move past your troubles?
>
> Good luck and my best regards,
> Sunny
by the way I am from Paris but most of my family lives in Limoges....
> Bellac,
>
> Sorry to hear about your unfortunate situation. I hope things will
> work out soon.
>
> Just a side note about your other options. Please don't rule out moving
> back to France if the only reason is because you are worried about your
> daughter being able to adjust.
>
> I moved to America at the age of 5 as well and trust me - only the first
> 1-2 years was hard and that was because of the language barrier.
>
> Kids are quick to pick up new languages (you said she already
> understands French, but doesn't speak, right?). She will be fine.
>
> If there are other reasons you don't want to move back to France, that
> is a different story.
> I just wanted to say though - you won't be doing any kind of injustice
> to your daughter if you choose France. Maybe comfortable and familiar
> setting is exactly what you need to move past your troubles?
>
> Good luck and my best regards,
> Sunny
by the way I am from Paris but most of my family lives in Limoges....
Mar 11th 2003, 5:50 am
#20
Forum Regular
Joined: Dec 2002
Location: Texas, USA
Posts: 288
Re: self petition for battered spouse
Originally posted by Rete
<snip>Also the petition is not only signed by the USC spouse but the foreign spouse as well. It is joint petition by both partners in a marriage <snip>
<snip>Also the petition is not only signed by the USC spouse but the foreign spouse as well. It is joint petition by both partners in a marriage <snip>
Bellac: I just thought of something. One source of advice that you might consider is a woman's advocacy group, especially in a large city with an immigrant community. I was represented by the attorney of a local Women in Crisis group (I am a male USC - long story), and she seemed to have useful expertise in my case because she had assisted another client in filing an abuse case with INS. I suspect that attorneys for these advocate groups are more likely to have experience in this very specialized issue than would immigration attorneys.
Last edited by bobzy; Mar 11th 2003 at 8:42 am.
Mar 11th 2003, 7:58 am
#21
Forum Regular
Joined: Dec 2002
Location: Texas, USA
Posts: 288
Bellac, if you are still reading this old thread:
I got curious and did some web surfing merely to answer questions in my own mind. In addition to "self petitioning" on the I-751, one is also able to consider "suspension of deportation" as an option - it now looks like this is what you are doing in your current timeline. Pay attention to a variety of conditions under which this can be done.
I flagged the following merely for my own knowledge:
See summary points of a newer bill (apparently signed in OCT 2000) at:
http://www.law.washington.edu/IFAP/v...tion_fixes.htm
See also, deliberately placed in scrambled order:
http://www.family-crisis-center.org/immigrants.html
http://www.humanrightsattorney.com/VAWAVisaOptions.htm
http://www.ojp.usdoj.gov/vawo/laws/vawo2000/
http://www.hhs.gov/ocr/immigration/bifsltr.html
http://www.visalaw.com/01feb3/12feb301.html
www.legalaidhawaii.org/lash/family/fs3.pdf
http://www.acf.dhhs.gov/HyperNews/ge...reaut/388.html
http://www.icirr.org/publications/VA...nofRemoval.pdf
http://www.worldesquire.com/WomenImmigration.html
http://www.publiccounsel.org/overview/irp.htm
http://endabuse.org/programs/display.php3?DocID=115
$125 book on self-petitioning using VAWA might have samples and such:
http://www.cliniclegal.org/publications.html
I got curious and did some web surfing merely to answer questions in my own mind. In addition to "self petitioning" on the I-751, one is also able to consider "suspension of deportation" as an option - it now looks like this is what you are doing in your current timeline. Pay attention to a variety of conditions under which this can be done.
I flagged the following merely for my own knowledge:
See summary points of a newer bill (apparently signed in OCT 2000) at:
http://www.law.washington.edu/IFAP/v...tion_fixes.htm
See also, deliberately placed in scrambled order:
http://www.family-crisis-center.org/immigrants.html
http://www.humanrightsattorney.com/VAWAVisaOptions.htm
http://www.ojp.usdoj.gov/vawo/laws/vawo2000/
http://www.hhs.gov/ocr/immigration/bifsltr.html
http://www.visalaw.com/01feb3/12feb301.html
www.legalaidhawaii.org/lash/family/fs3.pdf
http://www.acf.dhhs.gov/HyperNews/ge...reaut/388.html
http://www.icirr.org/publications/VA...nofRemoval.pdf
http://www.worldesquire.com/WomenImmigration.html
http://www.publiccounsel.org/overview/irp.htm
http://endabuse.org/programs/display.php3?DocID=115
$125 book on self-petitioning using VAWA might have samples and such:
http://www.cliniclegal.org/publications.html
Last edited by bobzy; Mar 11th 2003 at 8:40 am.
Mar 12th 2003, 2:50 am
#22
Guest
Posts: n/a
Re: self petition for battered spouse
bobzy wrote in message news:...
> Bellac, if you are still reading this old thread:
>
> I got curious and did some web surfing merely to answer questions in my
> own mind. In addition to "self petitioning" on the I-751, one is also
> able to consider "suspension of deportation" as an option - it now looks
> like this is what you are doing in your current timeline. Pay
> attention to a variety of conditions under which this can be done.
>
> I flagged the following merely for my own knowledge:
>
> See summary points of a newer bill (apparently signed in OCT 2000) at:
>
> ]http://www.law.washington.edu/IFAP/v...gration_fixes-
> htm[/url]
>
> See also, deliberately placed in scrambled order:
>
> http://www.family-crisis-center.org/immigrants.html
> http://www.humanrightsattorney.com/VAWAVisaOptions.htm
> http://www.ojp.usdoj.gov/vawo/laws/vawo2000/
> http://www.hhs.gov/ocr/immigration/bifsltr.html
> http://www.visalaw.com/01feb3/12feb301.html
> www.legalaidhawaii.org/lash/family/fs3.pdf
> ]http://www.acf.dhhs.gov/HyperNews/ge...anfreaut/388.-
> html[/url]
> www.icirr.org/publications/VAWACancellationofRemoval.pdf
> http://www.worldesquire.com/WomenImmigration.html
> http://www.publiccounsel.org/overview/irp.htm
> http://endabuse.org/programs/display.php3?DocID=115
THANK YOU SO MUCH BOZBY FOR YOUR TIME AND YOUR ACCURATE AND CLEAVERS
ANSWERS I REALLY DO APPRECIATE...BUT ,I STILL DID NOT FIND THE ANSWER
TO THIS QUESTION AS WELL AS : IS IT POSSIBLE TO "DISCUSS" THE FACT
THAT MY APPLICATION (i.360) WILL TAKE PLACE MORE THAN TWO YEARS AFTER
MY DIVORCE???THANKS AGAIN AND HAVE A GREAT DAY...AUREVOIR..
> $125 book on self-petitioning using VAWA might have samples and such:
> http://www.cliniclegal.org/publications.html
> Bellac, if you are still reading this old thread:
>
> I got curious and did some web surfing merely to answer questions in my
> own mind. In addition to "self petitioning" on the I-751, one is also
> able to consider "suspension of deportation" as an option - it now looks
> like this is what you are doing in your current timeline. Pay
> attention to a variety of conditions under which this can be done.
>
> I flagged the following merely for my own knowledge:
>
> See summary points of a newer bill (apparently signed in OCT 2000) at:
>
> ]http://www.law.washington.edu/IFAP/v...gration_fixes-
> htm[/url]
>
> See also, deliberately placed in scrambled order:
>
> http://www.family-crisis-center.org/immigrants.html
> http://www.humanrightsattorney.com/VAWAVisaOptions.htm
> http://www.ojp.usdoj.gov/vawo/laws/vawo2000/
> http://www.hhs.gov/ocr/immigration/bifsltr.html
> http://www.visalaw.com/01feb3/12feb301.html
> www.legalaidhawaii.org/lash/family/fs3.pdf
> ]http://www.acf.dhhs.gov/HyperNews/ge...anfreaut/388.-
> html[/url]
> www.icirr.org/publications/VAWACancellationofRemoval.pdf
> http://www.worldesquire.com/WomenImmigration.html
> http://www.publiccounsel.org/overview/irp.htm
> http://endabuse.org/programs/display.php3?DocID=115
THANK YOU SO MUCH BOZBY FOR YOUR TIME AND YOUR ACCURATE AND CLEAVERS
ANSWERS I REALLY DO APPRECIATE...BUT ,I STILL DID NOT FIND THE ANSWER
TO THIS QUESTION AS WELL AS : IS IT POSSIBLE TO "DISCUSS" THE FACT
THAT MY APPLICATION (i.360) WILL TAKE PLACE MORE THAN TWO YEARS AFTER
MY DIVORCE???THANKS AGAIN AND HAVE A GREAT DAY...AUREVOIR..
> $125 book on self-petitioning using VAWA might have samples and such:
> http://www.cliniclegal.org/publications.html
Mar 12th 2003, 4:36 am
#23
Concierge
Joined: Apr 2001
Posts: 46,476
Re: self petition for battered spouse
Originally posted by bobzy
Rete: Re. Bellac's *abuse* questions and attempts to clarify what was meant by "battered spouse application": See instructions at the bottom of I-751 page 1 re. joint filing waiver; box 2e (abuse) is not for a jointly filed petition. The scam that I experienced was not an interpretation; it was very real. You always seem to have the right answers, so perhaps I am missing something in your point. (Sincere humble statement.) Keep in mind that it is not clear where Bellac is in the process, what exactly has been filed, or if there are any options left in the timeline. <edit: was not clear at the time of the original post>
Rete: Re. Bellac's *abuse* questions and attempts to clarify what was meant by "battered spouse application": See instructions at the bottom of I-751 page 1 re. joint filing waiver; box 2e (abuse) is not for a jointly filed petition. The scam that I experienced was not an interpretation; it was very real. You always seem to have the right answers, so perhaps I am missing something in your point. (Sincere humble statement.) Keep in mind that it is not clear where Bellac is in the process, what exactly has been filed, or if there are any options left in the timeline. <edit: was not clear at the time of the original post>
This phrase has no meaning whatsoever in the scheme of the removal of conditions for any petitioner regardless of their marital situation.
Scenarios for
1. Still Married Couples
The I-751 can only be submitted 90 days prior to the expiration of the ~conditional~ green card which is valid for two years in the case of a still married couple. At this point, the length of their marriage is irrelevant as they adjusted status prior to their second wedding anniversary in order to only have been issued conditional status.
2. Divorced Foreign Spouse or Widow or Widower of USC Spouse or Abused Foreign Spouse
Neither of the above residents have to wait for the 90 day before expiration of green card window that still married couples have to wait for. For the above residents they are free to file for removal of their conditions the moment their divorce is final, their spouse dies and/or they have adequate proof of abuse to submit with their application.
While the BCIS is time specific for the filing of removals for the still married couple, they are vague on the timeline for the filing of removal for the other categories. Yes, we know that they can file immediately but we don't know does the timeline end with the expiration of their green card or are they given additional time after its expiration.
However, it is safe to assume that it would be before the expiration of the two year green card and that an immigration attorney would know if there is a way around it if filing occurs after the expiration.
Bear in mind, that nowhere is the phrase "two years into the marriage" used at any time in any of the scenarios.
This was the misconception I was attempting to correct. Why? Because a newbie will read your post and think "Oh damn I thought I still had time to remove conditions and our second wedding anniversary was last month. I'm going to be deported."
Hope I helped clear up why I posted.
Rete
Mar 12th 2003, 9:10 am
#24
Forum Regular
Joined: Dec 2002
Location: Texas, USA
Posts: 288
Re: self petition for battered spouse
Bellac: Can't say more about your last question, sorry.
Mar 18th 2003, 2:41 am
#25
Guest
Posts: n/a
Re: self petition for battered spouse
bobzy wrote in message news:...
> Bellac: Can't say more about your last question, sorry.
SO THAT 'S IT????i AM RUNNIG OUT OF MONEY BUYING A BOOK 125 USD TO
FIND AN EVENTUAL ANSWER,THAT'S TOO MUCH FOR ME RIGHT NOW...
WHEN YOU ANSWERED CAN'T SAY MORE ABOUT MY LAST QUESTION REGARDING
"LIMITED TIME
TO APPLY" DO YOU MEAN THAT THIS KIND OF ANSWER ARE RESERVED TO THE
APPRECIATION OF THE INS PROCESSOR THAT THERE IS NO TEXT CONCERNING
THIS MATTER OF TIME??
> Bellac: Can't say more about your last question, sorry.
SO THAT 'S IT????i AM RUNNIG OUT OF MONEY BUYING A BOOK 125 USD TO
FIND AN EVENTUAL ANSWER,THAT'S TOO MUCH FOR ME RIGHT NOW...
WHEN YOU ANSWERED CAN'T SAY MORE ABOUT MY LAST QUESTION REGARDING
"LIMITED TIME
TO APPLY" DO YOU MEAN THAT THIS KIND OF ANSWER ARE RESERVED TO THE
APPRECIATION OF THE INS PROCESSOR THAT THERE IS NO TEXT CONCERNING
THIS MATTER OF TIME??
Mar 18th 2003, 6:08 am
#26
Forum Regular
Joined: Dec 2002
Location: Texas, USA
Posts: 288
Re: self petition for battered spouse
Bellac,
Browse through the links that I posted -- some of these are very easy to read. Laws as well as public policy have changed in the last few years -- you really need to find an advocate who has some recent expereince. Some of the links might be helpful in this regard.
Browse through the links that I posted -- some of these are very easy to read. Laws as well as public policy have changed in the last few years -- you really need to find an advocate who has some recent expereince. Some of the links might be helpful in this regard.
Mar 18th 2003, 7:50 am
#27
Guest
Posts: n/a
Re: self petition for battered spouse
bellac wrote:
>
> bobzy wrote in message news:...
> > Bellac: Can't say more about your last question, sorry.
>
> SO THAT 'S IT????i AM RUNNIG OUT OF MONEY BUYING A BOOK 125 USD TO
> FIND AN EVENTUAL ANSWER,THAT'S TOO MUCH FOR ME RIGHT NOW...
> WHEN YOU ANSWERED CAN'T SAY MORE ABOUT MY LAST QUESTION REGARDING
> "LIMITED TIME
> TO APPLY" DO YOU MEAN THAT THIS KIND OF ANSWER ARE RESERVED TO THE
> APPRECIATION OF THE INS PROCESSOR THAT THERE IS NO TEXT CONCERNING
> THIS MATTER OF TIME??
That's what? We don't have all of the answers.
At this point, I am not even sure of what your present status is.
Did you ever apply for adjustment of status? When?
Did you ever get adjustment of status approved?
If you had AOS approved and got conditional status,
Did you ever file I-751 to remove conditions?
Are you claiming you are a battered spouse?
Do you have police and/or court documentation to back this up?
>
> bobzy wrote in message news:...
> > Bellac: Can't say more about your last question, sorry.
>
> SO THAT 'S IT????i AM RUNNIG OUT OF MONEY BUYING A BOOK 125 USD TO
> FIND AN EVENTUAL ANSWER,THAT'S TOO MUCH FOR ME RIGHT NOW...
> WHEN YOU ANSWERED CAN'T SAY MORE ABOUT MY LAST QUESTION REGARDING
> "LIMITED TIME
> TO APPLY" DO YOU MEAN THAT THIS KIND OF ANSWER ARE RESERVED TO THE
> APPRECIATION OF THE INS PROCESSOR THAT THERE IS NO TEXT CONCERNING
> THIS MATTER OF TIME??
That's what? We don't have all of the answers.
At this point, I am not even sure of what your present status is.
Did you ever apply for adjustment of status? When?
Did you ever get adjustment of status approved?
If you had AOS approved and got conditional status,
Did you ever file I-751 to remove conditions?
Are you claiming you are a battered spouse?
Do you have police and/or court documentation to back this up?
Mar 18th 2003, 9:17 am
#28
Guest
Posts: n/a
Re: self petition for battered spouse
welcome to the united states .. you dont like it get out.
Mar 18th 2003, 10:36 am
#29
Guest
Posts: n/a
Re: self petition for battered spouse
A real touchy-feely kinda guy.
"Lynch Bizkket" wrote in message
news:[email protected]...
> welcome to the united states .. you dont like it get out.
"Lynch Bizkket" wrote in message
news:[email protected]...
> welcome to the united states .. you dont like it get out.
Mar 20th 2003, 2:34 am
#30
Guest
Posts: n/a
Re: self petition for battered spouse
[email protected] (Lynch Bizkket) wrote in message news:...
> welcome to the united states .. you dont like it get out.
On this group we are dealing with some real serious issues so, please
spare us with your comments.Freedom of speech should not alterate
respect...
> welcome to the united states .. you dont like it get out.
On this group we are dealing with some real serious issues so, please
spare us with your comments.Freedom of speech should not alterate
respect...
