Vawa and divorce. I need a second, third ets.opinion from immigration attorneys. Any responce will be helpful.

Asked 4 months ago - New York, NY

Flag

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?

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary

Attorney answers (3)

  1. Contributor Level 19

    1

    Lawyer agrees

    1

    Answered February 02, 2013 07:48. 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.

  2. Contributor Level 17

    1

    Lawyer agrees

    Answered February 01, 2013 21:25. The VAWA application could take over one year to decide. You should ask a divorce attorney your questions regarding the divorce.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  3. Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered February 02, 2013 01:35. 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,034 answers this week

2,626 professionals answering