Asked 4 months ago - New York, NYFlag
I filed vawa petition coupleof days ago.Didn't get any responce yet. I am still legally married to an abusive USC. I want to divorce him. Should I proceed cruelty or simply "no fault". I know he is going to fight cruelty grounds,even though I have police reports, medical reports,eye witnesses (even his friends), voice mails with different threats and mokery. I never obtained order of protection, I just run away. I am currently under a supevision of psychistrist and getting psychologycal counceling. I am not in mental or physical condition to withstand his fight in the court. One of his last threats was "he would become a rabid dog if I try to complicate his life" and I do not want complicate mine even more. Based on your experience if I file "no fault" would it complicate my vawa case?
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I encourage you to retain both a divorce lawyer and an immigration lawyer. What you put into your divorce pleadings will impact the ultimate decision by CIS. Your divorce lawyer will best know how to plead your matter to obtain the termination of the marriage. These two intertwine and for you to put your case in the light most favorable to you, the lawyers should work together.
As relates to the VAWA petition I agree with my colleague. You should receive a 797 indicating whether you have presented sufficient evidence within a couple of months.
Most states have "no fault" divorce laws. No one can be forced to stay married. Do consult a family/divorce lawyer in your state.
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