Could you help me determine if by 'during' your marriage' statement it also could mean during the divorce proceeding or not...

Asked over 1 year ago - Los Angeles, CA

I am referring to this statement I found regarding domestic violence where a spouse is trying to obtain his or her conditional green card by filing a domestic violence claim. So if something happened during the divorce proceeding....after several months from the time of petitioning for divorce while the divorce was in process....could it still constitute as domestic violence claim or it has to happen before (meaning during) the marriage before I had even filed for divorce. Here's the statement "You must be abused during the marriage or must be the parent of a child who has been subjected to cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage." Could you please explain that statement pertaining to domestic violence claim.

Attorney answers (3)

  1. Atousa Saei


    Contributor Level 16


    Lawyers agree

    Answered . I agree with Mr. Dwyer's response. With that in mind, I would like to also state that your soon to be ex-spouse cannot abuse you. Regardless of time or place or situation, you have rights and should not be abused and I hope that you are currently safe. I would be more than happy to either sit down or talk with you over the phone to discuss your case. If you would like to understand your potential legal options moving forward with your domestic violence claim, feel free to contact me at my office: (310) 855-3386. Best of luck.

  2. Tricia Dwyer

    Contributor Level 19


    Lawyers agree

    Answered . Hello. I am not sure to what exactly you are referring, of course, but I can respond in generalities. By definition, a person is married until a divorce (in Minnesota, termed 'marital dissolution') has been made final by the Court. I urge you to seek private attorney counsel regarding your legal problems with domestic violence, divorce and 'green card' issues. I recommend you telephone several attorneys in choosing one attorney to help you, because with issues such as you describe, it is very important that you feel a high degree of trust and confidence. All the best.

  3. Edna Carroll Straus

    Contributor Level 18

    Answered . This is an immigration question. Immigration laws are federal, so an immigration lawyer will have ti respond ti this question. My guess is if it is a pretext the immigration people will have seen it before.

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

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