Chinese Wife wants Divorce

[tomthum]

What is the name of your state (only U.S. law)?
California
Hello,
I know that you prefer the actual person post here involved in the issue, but the person I am speaking for does not have the English skills to post here. I did a google search and found the site. My friend is a Chinese woman born in China.
She is married to an American. He has treated her terribly. Basically like a slave. She wants to leave him. She has not been here but less then a year at most. For sure less then 2 years. He did file all paperwork for her visa. They were married in China. She does not have permanent residency yet. If she divorces him, or leaves him can she stay in the U.S.?

Thanks.

 

[Proserpina]

What is the name of your state (only U.S. law)?
California
Hello,
I know that you prefer the actual person post here involved in the issue, but the person I am speaking for does not have the English skills to post here. I did a google search and found the site. My friend is a Chinese woman born in China.
She is married to an American. He has treated her terribly. Basically like a slave. She wants to leave him. She has not been here but less then a year at most. For sure less then 2 years. He did file all paperwork for her visa. They were married in China. She does not have permanent residency yet. If she divorces him, or leaves him can she stay in the U.S.?

Thanks.

She really needs to speak with an attorney. There are too many factors to even make an educated guess.

 

[tomthum]

I understand, but

in general terms. Just a short bit of advice. She may have to leave quickly. Might be abusive situation. I will have her call the local bar, but she is fearful of deportation.

 

[Proserpina]

in general terms. Just a short bit of advice. She may have to leave quickly. Might be abusive situation. I will have her call the local bar, but she is fearful of deportation.

Has he filed the I-864 Affidavit of Support?

Did she enter the country legally?

Has she sought help from a shelter?

Is there any proof of abuse?

If you can answer these questions, I'll try to help as much as I can.

 

[OHRoadwarrior]

If she entered the country legally, explore filing the following form as a spouse separated in marriage. It may or may not work.

I-751

 

[tomthum]

yes yes no no

yes entered legally
yes to form for support
no to proof of abuse
no shelter

 

[Proserpina]

If she entered the country legally, explore filing the following form as a spouse separated in marriage. It may or may not work.

I-751

I-751 is only appropriate if she's already received her conditional residency.

Timing is EVERYTHING.

 

[Proserpina]

yes entered legally
yes to form for support
no to proof of abuse
no shelter

I was thinking of VAWA, but without proof of abuse that one might be hard to obtain.

What is her actual status, legally?

 

[tomthum]

I will find out her exact status.

I will also have her consult with the local bar association. I will ask tomorrow for a few more pointers when I have more information.
Thanks so much.
Sad thing... I read another post on her from the American Husband perspective. Nasty truth this guy has told her the same thing... "you live here rent free".. he tells her all the time.

Like "really" ? Charge your wife rent? WTF?

 

[Proserpina]

I will also have her consult with the local bar association. I will ask tomorrow for a few more pointers when I have more information.
Thanks so much.
Sad thing... I read another post on her from the American Husband perspective. Nasty truth this guy has told her the same thing... "you live here rent free".. he tells her all the time.

Like "really" ? Charge your wife rent? WTF?

Okay - this is where you need to step back. Given the circumstances I'm not unwilling to help if I can, but you've gotta stop badmouthing the husband. This IS really none of your business, remember.

Now, find out what her actual status is please.

 

[HomeGuru]

Ni hao, she needs to find a Chinese speaking attorney.

 

[tomthum]

sorry perserpina

Just the facts...
No judgement.

sorry bout that.

I am sure the local Bar will be able to refer her.

 

[OHRoadwarrior]

I was thinking of VAWA, but without proof of abuse that one might be hard to obtain.

What is her actual status, legally?

VAWA was not renewed by congress.

 

[Proserpina]

VAWA was not renewed by congress.

Read:

http://www.ilrc.org/info-on-immigration-law/vawa

http://en.wikipedia.org/wiki/Violence_Against_Women_Act

 

[OHRoadwarrior]

Read:

http://www.ilrc.org/info-on-immigration-law/vawa

http://en.wikipedia.org/wiki/Violence_Against_Women_Act

Actually, not quite up to date Pro however, a quick Google of "VAWA expiration date" reveals it was renewed about 4 days ago by the House and Senate and heading past Obamas desk.