Legal Question in Immigration Law in Ohio

Re: Conditional Visa

Yes. You can file under the Violence Against Women Act (VAWA). Go to this URL and read up on it. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=499a6c854523d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=828807b03d92b010VgnVCM10000045f3d6a1RCRD

After that I would recommend that you speak to me because it is a complicated procedure and I'd like to make sure all your questions are answered. My recommendation to you is that the first thing you do is make sure that you have a copy of all important documents that show the legitimacy of your marriage. If you would like a list of these documents please email me and I will send them to you.

Re: Conditional Visa

Based on the facts you've presented, you may be eligible for two of the waivers of the joint filing requirement of your impending petition to remove conditions. You can plead with CIS to remove your conditions because you entered into the marriage in good faith and/or that your citizen spouse abused you.

The preparation and filing of such a case is substantial and intricate. Please contact an experienced immigration attorney to discuss this matter.

Re: Conditional Visa

Yes, it is important to be able to prove that the marriage is a "bonafide" marriage even though it ended it divorce. I would be happy to assist.

Re: Conditional Visa

Yes, you certainly have options available to be able to remain in the country. It is important that you consult an attorney regarding the documentation you will need and that you retain a qualified attorney who can guide you during through this process. It is also important that you start gathering all evidence of your marriage (pictures, joint accounts, taxes, insurance documents, bills, etc.), your subsequent annulment/divorce proceedings (final decree from the family and probate court, etc.) and any evidence that can establish his ill treatment towards you (affidavits/statements from friends, police, hospitals, if available, etc.) Feel free to contact me if you would like to discuss further in private. Good luck!

Re: Conditional Visa

You can file a waiver to remove the conditions when the time comes up and you will need a lot of evidence that your marriage was bonafide like joint bank accounts, evidence of residing at same address, etc.

Re: Conditional Visa

If you already have a Green card (even if conditional), it means that you do NOT need to file another petition under VAWA, as someone had suggested.

What you need to do: first of all, talk to your own divorce lawyer. You shall not agree to annulment of the marriage. It's in your interests to have a divorce, not annulment.

This way, after divorce (or even before) you can file the petition to remove conditions from residency, form I-751, by YOURSELF and without your unwilling husband's assistance. If you can show an abuse, you can file the I-751 right away and don;t have to wait for divorce.