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

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.

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Attorney answers 3


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.


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.


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 email at: All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.

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