Legal Question in Immigration Law in New York

Verbal abuse, threats and end of a real marriage

I came here 1992 with a tourist visa with my family and it expired we could not find a way to apply to stay here legally but I managed to finish high school and finished college on business management.I was going to leave but met this lady who at the time of our marriage was a green card holder and the became a citizen after we applied for my greencard.We fell in love got married September 2000 have a four year old daughter right now.However,I have been getting a lot of verbal abuse from my wife for the last3-4 months up to our greencard interview together.I still dont understand the reason of her abuse and crankiness towards me to this day but we passed the interview on 2/9/2005.Even though we both decided our marriage was not going any where, it was just we were hurting our daughter and then ourselves.We decided to get seperated,but we had a mortgage on my wife and on my mom's names.So that had to be resolved financially.She wanted go to Turkey for 3 weeks with our daughter,she left.I got a phone call from my immigration attorney she sent a letter to immigration before she left to Turkey saying that our 5 year marriage together was fake.I need to know my right against her lies she keeps saying I married her for this, another lie


Asked on 2/25/05, 12:15 am

2 Answers from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: Verbal abuse, threats and end of a real marriage

You ought to speak to your immigration attorney about this matter, but in general you would need to convince USCIS at the time you apply to remove your conditional LPR status that your wife's assertions about the bona fides of your marriage are untrue (unless USCIS contacts you first to investigate your wife's allegations and possibly intiates a removal or deportation process against you). What happens then is a question of proof and you should start immediately collecting all evidence that may be helpful to your position. There are several options that may be available to you to self-petition (without your wife or ex-wife if you obtain a divorce) for the removal of conditions in two year's time, but again you need to discuss them with your own counsel who is familiar with your case and circumstances.

This reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 2/27/05, 10:15 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Verbal abuse, threats and end of a real marriage

You should be in good shape on this one. After all, you have a child with this woman. That is very strong proof that the marriage was real and the birth certificate indicating that you are the father is excellent proof.

You are welcome to a consultation for no fee.

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Answered on 2/27/05, 10:44 pm


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