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horrible marriage need to get out!

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  • horrible marriage need to get out!

    Hi all!
    I hope somebody out there has experince with my situation and can give me very good and accurate advice! I was just granted conditional residence thru marriage to a usc. this man treats me like total dog poop. he treathens me with divorce all the time because he knows it will affect my status. he haunts me with verbal abuse. he calls me everyname in the book! But he wont put his hands on me because he knows i could file as a battered spouse! my question is do i really, really need to stay in this hell to get my permanent! i saw on i-761 where it says if the marriage ends in divorce u can self petition as long as u can prove the marriaga was entered in good faith. I can. we have a child together, joint accounts, joint tax returns, joint bills, joint mails etc.. is it really that simple get a divorce now ? is it better if I file for divorce or should i let him? how couls i prove verbal abuse? please i need some advice i need to get out of this for me and my child.
    Last edited by whybblue; 04-17-2008, 08:18 PM.

  • #2
    hi don't know much about but there is something call Violence Against
    Women Act (VAWA).Unfortunately, some U.S. citizens and LPRs misuse their control of this process to abuse their family members, or by threatening to report them to the USCIS. As a result, most battered immigrants are afraid to report the abuse to the police or other authorities.



    Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser. Victims of domestic violence should know that help is available to them through the National Domestic Violence Hotline on 1-800-799-7233 or 1-800-787-3224 [TDD] for information about shelters, mental health care, legal advice and other types of assistance, including information about self-petitioning for immigration status.
    What is the Legal Foundation?
    The Immigration and Nationality Act (INA) is the law that governs immigration in the United States. The Violence Against Women Act (VAWA) provisions relating to immigration are codified in section 204(a) of the INA. Rules published in the Federal Register explain the eligibility requirements and procedures for filing a self-petition under the VAWA provisions. These rules can be found in the Code of Federal Regulations at 8 CFR § 204. The Battered Immigrant Women Protection Act of 2000 (BIWPA) made significant amendments to section 204(a) of the INA. Self-petitions may be filed according to the amended requirements but adjudication may be delayed until rules are published.

    " there is pleny of info in USCIS.GOV search for: Vawa forms, or How Do I Apply for Immigration Benefits as a Battered Spouse or Child? my sister did and it work for her" Good Luck..

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