Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I met my husband back in 2011, things were on and off but

Customer Question
then we got serious in...
I met my husband back in 2011, things were on and off but then we got serious in December of 2014. I came to America last year September on a visitors visa and in December wen I decided to go back to my country he didn't want me to leave so he asked me to marry him. We then got married in the latter part of January. Two months after our marriage he started acting strange and began to come home late and sometimes he didn't. Then I found out he was having an affair with another woman who claims to be pregnant by him. When I confronted him about it, he became so verbally abusive and would say things like I should just relax and know that I am his wife and if I ever confronted the girl, he would leave me. Or he would say things like at least she is able to give me a child you can't. He stop supported me financially but I was able to filed the paperworks with my savings and help from my family. A month after filing for Aos, he moved out of the house in which we were living and served me with divorce papers. Now I'm distraughted, confused, and feel emotionally and psychologically abuse. What should I do because if I'm divorced I believe my application will be denied?
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 minutes by:
7/24/2016
Family Lawyer: Guillermo J. Senmartin, Esq., Lawyer replied 1 year ago
Guillermo J. Senmartin, Esq.
Category: Family Law
Satisfied Customers: 110,627
Experience: I have handled a number of divorces, paternity, child custody, pre-nuptial and child abuse/neglect cases.
Verified

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Have you gone to a therapist or psychologist in regards ***** ***** emotional abuse? Would you be able to prove that it is EXTREME emotional abuse? Also, what was the last visa that you used to enter the U.S.? When did that I-94 expire? When was the I-485 filed for you?

Ask Your Own Family Law Question
Customer reply replied 1 year ago
No I haven't gone to see a therapist or psychologist. I have only talked to my best friend about it. The visa I used to enter is a visitors visa and my i-94 expired on March 18, 2016. The i-485 was filed on May 23rd.
Family Lawyer: Guillermo J. Senmartin, Esq., Lawyer replied 1 year ago

Ok. That means that you have less that 180 days of unlawful presence from March 18th until May 23rd. This means that if you leave the U.S., you do not have an automatic penalty to come back. You still have to apply for a new visa in the future, but you would not be banned for 3 or 10 years. Since your main reason for immigrating was the relationship, I assume you would be ok with leaving the U.S. and not have a penalty to come back, correct?

Ask Your Own Family Law Question
Customer reply replied 1 year ago
are you saying my only option is to go back home and apply for a new visa? I read I would have a penalty because I overstayed, not sure how true that is.
Family Lawyer: Guillermo J. Senmartin, Esq., Lawyer replied 1 year ago

No, that's not your only option, but I assumed that you main idea was not to come and stay in the U.S. But that's ok. If your desire is to get U.S. Lawful Permanent Residency, you can apply for it on your own through a Violence Against Women Act (VAWA) and prove that there was physical abuse OR extreme emotional abuse. The problem with extreme emotional abuse is that it usually has to be backed up by reports from psychologist, psychiatrists or therapists because just simple verbal abuse probably won't work. Here is an official link:

https://www.uscis.gov/humanitarian/battered-spouse-children-parents

If you can prove that level of emotional abuse, they would grant your green card independent of your spouse. You can divorce during this process as the I-360 is a stand alone process.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Oh I understand. Honestly my main reason was not to stay here but because I did I have lost my job back home. I have debts that I need to pay off and going back home will be difficult for me seeing the chances of getting a job is zero to none. I am really stressed about all of this, I can't sleep or even eat. I am thinking of going to a psychologist
Family Lawyer: Guillermo J. Senmartin, Esq., Lawyer replied 1 year ago

Then do so. It will certainly help your case. This is one of the reasons that the I-360 exists. Don't be afraid to try it, but gather as much evidence as you can to support your case. I have to log off now, but I will be back later if you need me.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Thank you so much. Do you think it's best I go through an attorney to file the i-360?
Customer reply replied 1 year ago
If my application is denied because of no show at the interview, will I be placed into removal proceedings?
Ask Guillermo J. Senmartin, Esq. Your Own Question
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110,627
110,627 Satisfied Customers
Experience: I have handled a number of divorces, paternity, child custody, pre-nuptial and child abuse/neglect cases.

Guillermo J. Senmartin, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
What happens to a marriage certificate if that couple gets
What happens to a marriage certificate if that couple gets divorced? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
When there's no physical abuse; how difficult is it to prove
When there's no physical abuse; how difficult is it to prove the current custody is not in the best interest of the child? What constitutes "best interest"? I'm desperate to help my husband get custod… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Are 2 witnesses required for a marriage to be valid in
Are 2 witnesses required for a marriage to be valid in Florida? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Are the terms of an overseas marriage recognized in the us?
Are the terms of an overseas marriage recognized in the us? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
If a marriage for registered in North Carolina, can I fall
if a marriage for registered in North Carolina, can I fall for a legal separation in California? … read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
I would like to know what the commonlaw marriage divorce
I would like to know what the commonlaw marriage divorce rights are in Colorado. I have proof of commonlaw marriage. My husband pays for the house and my car. How will this affect my rights? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
After seven years of marriage and a may be divorce I would
After seven years of marriage and a may be divorce I would like to know what amount of alimony might be due. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
I marriage a divorce man few years ago. I am now ready to
I marriage a divorce man few years ago . I am now ready to marriage again, but when I applied for my marriage license they told me that my first husband divorce was n't finalize ,that I had marriage a… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I filed for divorce. I'm in a same sex marriage. If he
I filed for divorce. I'm in a same sex marriage. If he doesn't sign the waiver but doesn't show up for the final court date or he doesn't sign the final decree, will I still be granted the divorce? I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In california divorced 5 years, term marriage my alimony is
In california divorced 5 years, long term marriage my alimony is higher than child support … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
My highly narcissistic and physically abusive for 11 years
My highly narcissistic and physically abusive for 11 years ex (non-custodial parent) lives 2 hours away, we meet at a half way point to exchange the children every other weekend.My youngest has a band… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am divorced but in a family law court over marriage
I am divorced but in a family law court over marriage settlement of property. At each hearing the judge has made decisions and ordered me to pay more alimony, more fees for the opposing side and not o… read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
Getting CA divorce after 14 years of blissful marriage.:) We
Getting CA divorce after 14 years of blissful marriage.:) We have 6 cars and a house. How do we value them for the courts? House is unique property. How do we value the house without having to pay for… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,866 satisfied customers
I want to find a lawyer whose field in marriage and divorce.
I want to find a lawyer whose field in marriage and divorce … read more
socrateaser
socrateaser
1,031 satisfied customers
Divorcing a cheater! Wife owned home prior to marriage.
Hi, divorcing a cheater! Wife owned home prior to marriage. Refi's to lower rate and reduce term of mortgage. Cheaters income used to qualify for shorter term, 5 years older and retirement planning. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The divorce is happening in FL. During the marriage I was
The divorce is happening in FL. During the marriage I was awarded a settlement regarding a lawyer not filing dental damage, pain and suffering of 79,000. My spouse asked for a divorce 6 years later. T… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
My gransons teacher was verbal an physically abusive to him
my gransons teacher was verbal an physically abusive to him in class an th school put her on leave who do I sue her or the school … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x