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Battered wife: conditional or unconditional GC?

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  • Battered wife: conditional or unconditional GC?

    I got married in 2004 July. In December 2004 (5 month after my marriage), I entered USA with a H4 visa as spouse of my husband who was working for past 3 years in a H1.
    In June 2005, we both filed I-485, he based on employment and I as his dependant. For next 3 years I worked in EAD.
    In 2008 November we both got our permanent resident card.

    Now the torture and marital violence continues for dowry and other factors and he often threats me to abandon and divorce. All the threats are verbal, so I don't know how to collect proofs for abuse.Our marriage took place in India.
    My questions are:
    1. Since I entered USA within 5 months of my marriage date and filed for I-485 within 11 months of marriage date, is my permanent residence 'CONDITIONAL'?
    How'd I know my permanent residence is conditional or unconditional?

    2. Do I have to stay married atleast 2 years from the date of receiving greencard to get unconditional permanent residence status?

    3. If a divorce takes place shortly, will I loose my resident status and will be deported? I received the greencard just last November 2008.

    4. He often threats to get a divorce approved from India since the marriage took place there. Is it possible, in my absence, in one of his trips he somehhow manage to get a divorce declaration?
    Last edited by sima_agarwal; 01-11-2009, 02:31 PM.

  • #2
    Hi ,
    My sympathies with you but honestly of late many Spouses(Fem counter part) are using the domestic violence as a legal tool to get away with things...and stuff like dowry couple of quesitons Are you self dependant? Are you willing to face Life on your Terms..not being baised but i truly feel that we indian's are looking for a reason to get out of a relationship and trying to blame other partner...which includes everyone of us ..its sad and quite heart pounding that we shall never grow ...wht are the chances that you never used your husband to move to US ? well please be patient think about it and act accordingly thinking about your safety at the same time....
    Good luck and God bless you ...





    Originally posted by sima_agarwal
    I got married in 2004 July. In December 2004 (5 month after my marriage), I entered USA with a H4 visa as spouse of my husband who was working for past 3 years in a H1.
    In June 2005, we both filed I-485, he based on employment and I as his dependant. For next 3 years I worked in EAD.
    In 2008 November we both got our permanent resident card.

    Now the torture and marital violence continues for dowry and other factors and he often threats me to abandon and divorce. All the threats are verbal, so I don't know how to collect proofs for abuse.Our marriage took place in India.
    My questions are:
    1. Since I entered USA within 5 months of my marriage date and filed for I-485 within 11 months of marriage date, is my permanent residence 'CONDITIONAL'?
    How'd I know my permanent residence is conditional or unconditional?

    2. Do I have to stay married atleast 2 years from the date of receiving greencard to get unconditional permanent residence status?

    3. If a divorce takes place shortly, will I loose my resident status and will be deported? I received the greencard just last November 2008.

    4. He often threats to get a divorce approved from India since the marriage took place there. Is it possible, in my absence, in one of his trips he somehhow manage to get a divorce declaration?

    Comment


    • #3
      1. No. If the GC was not based on marriage to a US Citizen, it is generally not conditional.
      2. Your choice. Is GC the only reason for you to stay in the marriage? If so, no.
      3. No
      4. It isn't that easy to get a divorce, especially in India. You have to be served proper legal notice to get a divorce.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment

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