Immigration/Divorce: Green card conditions removed when I can't prove the abuse?

[Catherine]

Help!
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.

I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.

I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?

Many thanks in advance for all help and advice.

P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.

[flresident]

Contact local domestic violence against women groups. they would help you out with legal, accommodation and rest of the process.

[Catherine]

Thank you flresident, I really appreciate the advice. Unfortunately the group I had been getting some help from had to cut a number of services when their funding was cut a couple months ago. All the other help and advice I've received from those quarters has either led to a dead-end or provided me with exactly the kind of conflicting advice I mentioned. Nonetheless, I do thank you for the idea.

I wonder if there are any other ideas out there? Thanks one and all.

[memyselfandus]

Seewa helps people who have undergone similar experiences as you did. Call them for advice and help. If they can't directly help you atleast they can refer to a proper organization that would.

SEWAA - Service and Education for Women Against Abuse

All the best.

[nousername]

Sorry to hear about your situation.. Your husbands b***s should be chopped for physically abusing you..

I'm not sure where you are based or which country you originally belong to but like in SF Bay Area (California) there is Indian Community Center which on Sunday's offer free legal advice. Here is the link Free Legal Clinic | Indiacc Home

You might have something like this around you live..

Good luck.

Originally Posted by Catherine

Help!
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.

I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.

I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?

Many thanks in advance for all help and advice.

P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.

[helterskelter]

Regarding your status in the country, assuming that you acquired the green card before you married, a green card divorce does not change anything with your immigration status, but it may delay your application for full citizenship. I'm not sure if this is helpful since you've consulted about this topic but here's the link for more information about green card divorce Green Card Divorce - LoveToKnow Divorce

[Catherine]

Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.

The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:

"Divorce Before Green Card Issued

Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.

However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.

If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.

But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver

The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:

* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.

Waivers often require an interview of the immigrant spouse to get approval."

[Catherine]

The link and article are a little confusing in that they say that divorce does not affect immigration status once a green card has been issued. This is not always correct. I have a green card but it has conditions, i.e. an expiration date. This is what married couples have to apply to have removed after two years (actually in a 90 day window prior to the two year anniversary of receiving the card).

If you divorce prior to that date, you will be unable to file jointly (or at least, technically you shouldn't, though I've heard of some couples that may have done so as their relationship is still amicable) to have the conditions removed and attain unconditional residency.

Thus, you could have a green card (with conditions) and divorce WOULD affect your immigration status. As per the article, you would need then to file a waiver to have the conditions removed and keep your green card past its expiration date.

Hope that helps someone.

[Tazike]

I read an answer written by an immigration lawyer about this type of situation and according to him once the divorce is final the conditional green card is invalid effective that day. That means that the immigrant spouse becomes out of status and would lose her right to work. Because of this the immigrant spouse should apply for a waiver right away once the divorce is final. Staying here and working while being out of status can cause problems of its own.

It's generally true that getting divorced does not affect one's green card. The exception however is when a person has a conditional marriage based green card and gets divorced before the conditions are removed.

[Catherine]

Thank you for the information, Tazike. I've heard many conflicting viewpoints on this but none that say you immediately lose your status - I will look into it.

I can say, though, that I've traveled in and out of the US on my green card since the divorce became final, including telling an immigration official that I was now divorced on my most recent return, and yet I have still been allowed back in each time. Perhaps I have just been lucky. Also, I did mention on that last journey that I have a waiver application currently submitted.

Fingers crossed...