iam 30 yr old Male,i am on F1 visa,i got married to my girl friend after 7 yr of relationship,we married in good faith in big religious & civil ceremony in US.she had pending green card at tht time.after marriage she totally changed she started abusing me,got violent,verbal abuse.(hve recording proof)she threaten me to get arrested as she is a women,kept me isolated complete under control.everything undr her name ph bill,lease,acount.i was completely unaware when she secretly filed divorce(on June 2013) and she lived with me 3days after filing and i was nt aware of divorce at all. later on 4th day i ws shock home was sealed and i was homeless with no phone,money or place to live.few friends helped me,i ws depressed n helpless.can i file for green card?i currently dnt knw her statusbut recently i heard she got married immediately after 3 month of divorce to US citizen. and she had cheated on me that is why she was abusing physically, emotionally and mentally torturing me. this has ruined my carrier and caused mental,economical damage. what is the best solution to file Green card? i have wedding photos, family photos, voice recording of verbal abuse and video of physical abuse which i did for my safety, as she was very manipulative in talks. i have lease, 2 air ticket in our both names.
I'm sorry to hear about your situation. Agreeing with my colleague, you need to begin moving on any VAWA petition, given the date of divorce you provided. This is because there is a 2 year time limit from when you got divorced. I also recommend contacting an experienced VAWA attorney in your area. You can review the requirements for a VAWA visa on the USCIS website. Good luck.
Attorney Jason Forcier's (former USCIS and Immigration Court Judical Law Clerk) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Forcier's reply on AVVO does not create an attorney/client relationship or constitute legal advice.
Men certainly can be victims of spousal abuse as much as women. Indeed, they are much less likely to report it . You do need to get corroborating evidence of both abuse ( which can be emotional and mental as well as physical) and of the bona fide nature of your marriage, in order to pursue an I-360. You need to talk to attorneys skilled in domestic violence cases as well as in Immigraiton law.
Before filing your WAVA petition be sure to see an immigration attorney and discuss your case in details. Also, be sure to visit a psychologist and determine the degree of mental abuse on you. Gather, police report, and affidavits from friends and co workers. Good luck.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,nor should it be viewed as establishing an attorney client relationship of any kind.
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