I married a guy from N. Africa (Libya) and I need help with my divorce....

[sweets1girl]

What is the name of your state (only U.S. law)? Ohio

Last week, I discovered that my husband filed a false domestic violence report on me.
As soon as I verified this with the Columbus Police Department, they advised me that I needed to answer my warrant as soon as possible. I tried to explain to the officer that I had not laid a hand on my husband, and the sad part is his bestfriend said that he witnessed me choking my husband. So earlier this week I went down to the Public Defenders office and I attempted to get my warrant lifted, but my request was denied. For the last couple of days I have been very upset, basically because I have to turn myself in a face charges for something that I did not do. Which means I'm missing wages from my job. Then I have to turn around and hire an attorney with my own money, which I really cannot afford because my paycheck is already going to be short. Hopefully, I will not lose my job--- I work doing homecare and I cannot keep a job with a violent charge like that on my record. Can someone please help me? I'm trying to get as much feedback as possible, because I'm going absolutely crazy. The only thing I can think of, is that they've went as far as filing this false charge, and my husbands only reason for doing so is because I was about to leave the house with more of my things. And before I was going to leave I had said some real disrespectful things to him. Now the following day after the argument, I had actually called and apologized for saying the things I said and reacting the way that I did. So the same day after I got off from work, I went over to the house to apologize in person. Only after looking through the front window I saw a woman in the house. So I tried my door key and he had already changed the locks, so I bumped up against the door until it came open. Then only then that's how I found out that I had a warrant, because when he called the police he kept mentioning that I had a warrant. So I waited around for the police to get there, but then the more I thought about it, I wondered why he kept repeating the fact that I had a warrant. So I left and drove down the street, and I called the Clerk of Courts and that's how I found out about the warrant. Can someone please help me?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Ohio

Last week, I discovered that my husband filed a false domestic violence report on me.
As soon as I verified this with the Columbus Police Department, they advised me that I needed to answer my warrant as soon as possible. I tried to explain to the officer that I had not laid a hand on my husband, and the sad part is his bestfriend said that he witnessed me choking my husband. So earlier this week I went down to the Public Defenders office and I attempted to get my warrant lifted, but my request was denied. For the last couple of days I have been very upset, basically because I have to turn myself in a face charges for something that I did not do. Which means I'm missing wages from my job. Then I have to turn around and hire an attorney with my own money, which I really cannot afford because my paycheck is already going to be short. Hopefully, I will not lose my job--- I work doing homecare and I cannot keep a job with a violent charge like that on my record. Can someone please help me? I'm trying to get as much feedback as possible, because I'm going absolutely crazy. The only thing I can think of, is that they've went as far as filing this false charge, and my husbands only reason for doing so is because I was about to leave the house with more of my things. And before I was going to leave I had said some real disrespectful things to him. Now the following day after the argument, I had actually called and apologized for saying the things I said and reacting the way that I did. So the same day after I got off from work, I went over to the house to apologize in person. Only after looking through the front window I saw a woman in the house. So I tried my door key and he had already changed the locks, so I bumped up against the door until it came open. Then only then that's how I found out that I had a warrant, because when he called the police he kept mentioning that I had a warrant. So I waited around for the police to get there, but then the more I thought about it, I wondered why he kept repeating the fact that I had a warrant. So I left and drove down the street, and I called the Clerk of Courts and that's how I found out about the warrant. Can someone please help me?

If there's a violence charge against you and there is another witness, you're not likely to get it dropped - unless he drops the charge. You really need to get an attorney - particularly since your job is at risk. You can't lose your job for a CHARGE (AFAIK), but you may well lose it if you're convicted, so it's important to get a good attorney.

You also need the attorney to explain your rights to you with regards to the property. If you're still married, you have as much to go into the house as he does. I would not do so without witnesses, though.

 

[OldandTired]

I hate to tell you this, but you've been scammed. The ladies from Russia, men from Lybia, ladies from the Philippines, and many other 3rd world countries are all aware of the Immigration law that states, should a foreign national be married to a U.S. citizen and become the victim of Domestic Violence, and the other party is found guilty, the foreign national is given immediate permanent residency.

Ask anyone and everyone you know to loan you whatever money you need for an attorney to fight this. This is a man that needs to be deported, not babied as though he's a victim. Once you are proven innocent, contact your local Immigration and Customs Enforcement office and see what steps they can take to have him deported, since the length of time required to be married to a U.S. citizen will not have been fulfilled for permanent residency, if this is true.

Good luck to you. It's stories like these that make me livid that these people can come here and attempt to destroy the lives of good, honest American citizens.

 

[Isis1]

I hate to tell you this, but you've been scammed. The ladies from Russia, men from Lybia, ladies from the Philippines, and many other 3rd world countries are all aware of the Immigration law that states, should a foreign national be married to a U.S. citizen and become the victim of Domestic Violence, and the other party is found guilty, the foreign national is given immediate permanent residency.

Ask anyone and everyone you know to loan you whatever money you need for an attorney to fight this. This is a man that needs to be deported, not babied as though he's a victim. Once you are proven innocent, contact your local Immigration and Customs Enforcement office and see what steps they can take to have him deported, since the length of time required to be married to a U.S. citizen will not have been fulfilled for permanent residency, if this is true.

Good luck to you. It's stories like these that make me livid that these people can come here and attempt to destroy the lives of good, honest American citizens.

wow....just....wow.

 

[Bali Hai]

I hate to tell you this, but you've been scammed. The ladies from Russia, men from Lybia, ladies from the Philippines, and many other 3rd world countries are all aware of the Immigration law that states, should a foreign national be married to a U.S. citizen and become the victim of Domestic Violence, and the other party is found guilty, the foreign national is given immediate permanent residency.

I seriously doubt that the abused foreign national would be given immediate permanent residency without consideration of all other factors, one being a determination by INS that the foreign national did not enter into a fraudulent marriage to gain entry into the US.

Ask anyone and everyone you know to loan you whatever money you need for an attorney to fight this. This is a man that needs to be deported, not babied as though he's a victim. Once you are proven innocent, contact your local Immigration and Customs Enforcement office and see what steps they can take to have him deported, since the length of time required to be married to a U.S. citizen will not have been fulfilled for permanent residency, if this is true.

Wrong again!! Just because she WANTS him deported, does NOT mean that he will be!

Good luck to you. It's stories like these that make me livid that these people can come here and attempt to destroy the lives of good, honest American citizens.

MAYBE this is a scam and MAYBE not.

I envision you as an elderly white redneck who thinks "foreigners" should not be allowed to immigrate into the US.

Well guess what?

YOU are a "foreigner" and the only reason you are here is because your great great great grandfather came here and stole all the land from the original citizens, killed most of them and put the rest on reservations!!

 

[LdiJ]

MAYBE this is a scam and MAYBE not.

I envision you as an elderly white redneck who thinks "foreigners" should not be allowed to immigrate into the US.

Well guess what?

YOU are a "foreigner" and the only reason you are here is because your great great great grandfather came here and stole all the land from the original citizens, killed most of them and put the rest on reservations!!

Bali, what she said is true. If an immigrant spouse is divorcing due to domestic violence, and would not normally qualify for a green card because the length of marriage was not long enough, the domestic violence qualifies them for a green card.

Therefore, its totally within the realm of possibility that an immigrant spouse would trump up a charge of DV, in order to be able to stay, whether the marriage started out as a real one for both parties, or not.

It also happened to one of my employees in the past.

 

[Bali Hai]

Bali, what she said is true. If an immigrant spouse is divorcing due to domestic violence, and would not normally qualify for a green card because the length of marriage was not long enough, the domestic violence qualifies them for a green card.

The length of the marriage does NOT automatically qualify an individual for a green card.

Furthermore, the two year waiting period for a permanent green card is JUST that, a waiting period.

If the parties divorce prior to the end of the two year waiting period, it does NOT automatically disqualify the person from obtaining a permanent (ten year) green card.

I suggest you read form I-751 very carefully.

Therefore, its totally within the realm of possibility that an immigrant spouse would trump up a charge of DV, in order to be able to stay, whether the marriage started out as a real one for both parties, or not.

It also happened to one of my employees in the past.

You would think that the foreign national would just wait for the temporary green card conditions to be met and then automatically receive a permanent green card and then get divorced, instead of muddying the water with these so-called "trumped up charges".

There is a "realm of possibility for anything", but, to stereotype ALL foreign nationals who marry a US citizen as "destroying the lives of good, honest American citizens", is just plain ignorance and stupidity.

There is a realm of possibility that there WAS a domestic dispute about something that made the OP threaten the individual with deportation and therefore the trumped up charges. ANYTHING is possible.

 

[LdiJ]

You would think that the foreign national would just wait for the temporary green card conditions to be met and then automatically receive a permanent green card and then get divorced, instead of muddying the water with these so-called "trumped up charges".

There is a "realm of possibility for anything", but, to stereotype ALL foreign nationals who marry a US citizen as "destroying the lives of good, honest American citizens", is just plain ignorance and stupidity.

There is a realm of possibility that there WAS a domestic dispute about something that made the OP threaten the individual with deportation and therefore the trumped up charges. ANYTHING is possible.

How does the foreign national wait if its their US citizen spouse that wants the divorce and refuses to stay married?

 

[Bali Hai]

How does the foreign national wait if its their US citizen spouse that wants the divorce and refuses to stay married?

Nowhere does OP say that she intended to divorce her husband prior or after the alleged chocking incident.

 

[LdiJ]

Nowhere does OP say that she intended to divorce her husband prior or after the alleged chocking incident.

Go read it again Bali...she was moving out.

 

[njjean]

Read the first post

Nowhere does OP say that she intended to divorce her husband prior or after the alleged chocking incident.

The OP's post is entitled "I married a guy from N. Africa (Libya) and I need help with my divorce...."

 

[Bali Hai]

The OP's post is entitled "I married a guy from N. Africa (Libya) and I need help with my divorce...."

My oversight, sorry.

 

[OldandTired]

your great great great grandfather came here and stole all the land from the original citizens, killed most of them and put the rest on reservations!!

Ummmmmm**************I'm a descendant of those people the land was stolen from, killed, and put on the reservations.

I have no problems at all with people that want to come here and live in the land of what used to be free.

I just can't ever picture myself with having tolerance for those that try to run scams on honest people.

 

[OldandTired]

They've changed the law a little bit since I last read it. It now includes "U-Visas".

U-Visas
Immigrant abused women also may be eligible for U-Visas, a special
category of visas created by federal legislation in 2000 for the
benefit of victims of serious crimes. Since no familial relation is necessary,
U-Visas offer hope to domestic violence victims who were
never married to their abusers, whose abusers have no legal right to
residency in the United States, and lesbian and gay abused immigrants.

U-Visas will allow immigrants to remain legally in the United
States, to work, and, after three years (with a showing of hardship),
to apply for lawful permanent residency. Although the federal government
has yet to promulgate regulations or issue any of the
10,000 U-Visas authorized yearly, advocates are making applications
and federal immigration authorities have directed local offices to
grant interim relief to U-Visa applicants.

Critical to the U-Visa application is certification of the applicant’s
cooperation with law enforcement efforts. Any New York State
judge may sign a U-Visa certification, even without a criminal case
pending. Giving evidence in a family offense case in Family Court,
for example, may qualify as assisting with the investigation of a
crime as may cooperating with the police. U-Visa applicants have to
show only that they have helped, are helping, or are likely to be
helpful to, either the investigation or the prosecution of one of a
fairly inclusive list of enumerated crimes. Domestic violence as well
as felonious assault and sexual assault are among those crimes.

This also applies to men.