I need your help and advice please.

[ChinaDoc]

Hello, my English name is Brandy and I arrived in the USA on a K-1 visa in September of 2008 and also got married in September. I received my two year green card in May of this year. My husband has become very mentally abusive towards me and wants me to move out from our home. He gives me no money for food or anything and I will soon have no savings left. He is now threatening to sell our home and he will move into a small apartment. This will cause my son and me to have nowhere to live. I can not return to China as my son is in school here and I do not want for him to have to make a major move again. I need help and advice please. I was a doctor in China, but I am not working here and have no income. I plan to divorce him, but I do not know what to do really. Can I apply for ten year green card if I divorce? His family has agreed to write letters for me. When should I send I-751? Please tell me what I should do.

[dnoblett]

These things make me upset, I hope you have friends who can help you out. I have a friend who was a doctor in China, and has been working very hard to become a doctor here in the USA.

 

But yes, you can file to remove conditions with a waiver claiming that you entered the marriage in good faith. You can do this after divorce is final, and also do not need to wait until you are within 90 days before the CR-Green-Card to file the I-751, you can file as soon as divorce is finalized.

[ChinaDoc]

These things make me upset, I hope you have friends who can help you out. I have a friend who was a doctor in China, and has been working very hard to become a doctor here in the USA.

 

But yes, you can file to remove conditions with a waiver claiming that you entered the marriage in good faith. You can do this after divorce is final, and also do not need to wait until you are within 90 days before the CR-Green-Card to file the I-751, you can file as soon as divorce is finalized.

thank you for your reply.

[warpedbored]

I'm with Dan here. Not much pisses me off more than men with a disposable wife attitude. They bring the woman here then two years later when it's time to get the 10 year green card they decide they want to dump her and send her back home. As Dan said you can adjust status on your own based on entering the marriage in good faith. You do need to be divorced first. A second option is if you are an abused woman. You mentioned that he is mentally abusive. This is harder to prove than physical abuse.

 

It is better if he divorces you since that makes it appear the divorce was his idea not yours.

 

He may try to make you leave the country and return to China by letting the green card expire before the divorce is final. It is not impossible to get a waiver under these circumstances but much more difficult. If at all possible try to get the divorce final before filing to remove conditions.

 

When you filed AOS your husband would have had to sign an I-864 affidavit of support. I know of no cases where the I-864 has ever been enforced except in divorce court where the judge ordered support based on the I-864. It is much better if you can get a job and show the USCIS that you can support yourself when you remove conditions. Good luck.

[Guest jin979]

Try contacting members of this board who live in your area and are "safe harbor" members or NUWORLD he is the boss there. Local members may be able to help you.

[ChinaDoc]

I'm with Dan here. Not much pisses me off more than men with a disposable wife attitude. They bring the woman here then two years later when it's time to get the 10 year green card they decide they want to dump her and send her back home. As Dan said you can adjust status on your own based on entering the marriage in good faith. You do need to be divorced first. A second option is if you are an abused woman. You mentioned that he is mentally abusive. This is harder to prove than physical abuse.

 

It is better if he divorces you since that makes it appear the divorce was his idea not yours.

 

He may try to make you leave the country and return to China by letting the green card expire before the divorce is final. It is not impossible to get a waiver under these circumstances but much more difficult. If at all possible try to get the divorce final before filing to remove conditions.

 

When you filed AOS your husband would have had to sign an I-864 affidavit of support. I know of no cases where the I-864 has ever been enforced except in divorce court where the judge ordered support based on the I-864. It is much better if you can get a job and show the USCIS that you can support yourself when you remove conditions. Good luck.

 

 

thank you very much for your reply. now i am struggle with that man. he is cruel.

[dnoblett]

thank you very much for your reply. now i am struggle with that man. he is cruel.

I know what you mean, I cannot say much, but my wife is in the process of helping another Chinese lady that came over on K-1 and is a resident, she is in same boat, with an abusive husband.

[splinterman]

My heart goes out to these girls.

 

I also personally know a Chinese woman who came here with her daughter and married a naturalized Pakistani who treats her like dirt, and mentally and emotionally abuses both her and her daughter. This woman has a heart of gold and puts up with his crap, not wanting to do anything or take steps against him because she feels sorry for him and doesn't want to cause him problems-she continues to put him first instead of looking out for herself. All she wants is a husband who will take care of her and treat her and her daughter well and with a little respect-and she currently has a second daughter in the process of coming here to join her mother and sister (her GUZ interview is 11/9).

 

I ask her why she continues to stay there and put up with the abuse, especially when she is bringing her other daughter here and SHE will also be subjected to this torture.

 

Her answer? "I have nowhere else to go. I gave up everything when I left China."

 

It puts blood in my eyes....