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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108706
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Immigration attorney or general answer needed: I have a male

Customer Question

Immigration attorney or general answer needed:
I have a male friend from Jamaica who married a US citizen June 2013. He and his 2 young children just migrated here 5/2015 and he now has his temp green card to expire 5/2017.
The issue is that his wife is very controlling and abusive to him. She doesnt allow phones calls tohis family in jamaica or friends. She denies him sex and affection. SInce he has been in the states they have taken him nowhere (only the kids).
My friend can not read or write so he feels totaly lost and dependednt on her. He doesnt know what other option he can take and is infear to ask her anything. We are afraid she may even trick him into signing over the kids without his knwledge. The children do have a mother who has not given up her parental right that still live in Jamaica. She is even worried.
I am willing to take them in to live in my state until its time to file for I-751 petition in order to remove this conditional status. I know there is a way he can do it on his on...But we need legal help on what steps to take...can you advise?
Can he leave her today with his kids....possibly file for divorce and adjust his ststus on his owm...they have been married 2 years.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
He cant read or write but has a job doing dishes at a local fast food chain.
No sex in the relationship
Moved him into a house with 9 other people sharing the house (he was unaware of)
She takes every dime of his paycheck...maybe leaves 50.00 to live on for 2 weeks (which he sends to his mom in Jamaica)
His dad sent him a cell phone and she took it away (thus no contact unless he and the childri\en talk on the house phone in front of her)
Makes him go to bed at 10pm when she sleeps.
On his days off makes him clean house, disghes, clothes and chores for the daycare that she runs out of her home with 12 children.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 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.

The children were born of the marriage meaning that they are both the biological parents?

Customer: replied 1 year ago.
no..the children are from another women still residing in jamaica that he is not married to. He is the only Biological parent...she is just married to him
Customer: replied 1 year ago.
he came to states with 2 children alone on k3 and k4
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. He (or she) may start the divorce process now. It doesn't matter who starts it. He also does not have to wait until his conditional green card expires. He will have to file an I-751 waiver. Here is some information on that:

Focus on where it says, "If your marriage was terminated other than by the death of your spouse, you must submit the following:"

He will need to submit evidence similar to the evidence that he submitted at his marriage interview. He must prove that even though he divorced or is divorcing, his marriage was not entered into solely for the purpose of obtaining an immigration benefit.

Here is a list of things that I like to give my clients and I know that he may not have all of these things, but the more he has, the better it is.

A letter where he describes, in a very detailed fashion, the circumstances in which he met his spouse, the reasons he married, and the feelings and emotions that he had or still has towards her, and why.
If they have a child or children together, the birth certificate for each child.
Wedding pictures and pictures of other moments when he and his spouse, and other members of each family and friends have been together.
Very detailed letters from people who know them and who are witnesses that their marriage was valid, who were at their wedding, or who knew them as a married couple.
Love letters or cards that they received from their spouse while in the relationship.
Letters from people addressed to both of them, or in which the person who wrote the letter refers to both them as a couple.
Any types of documents that have both their names on them that show that they bought a car, a house, furniture, or anything else together.
Any rental or lease agreements for their home or apartment with both of their names on it or a letter from the building manager or owner proving that they lived together.
Bank or financial statements that show that both had or have a savings or checking account together.
Any insurance documents that show that they were or still are covered by their insurance plan, or that his plan covers or covered her.
Bills, such as electricity, water, heat, cable TV, phone, or others that show both their names.
Jointly-filed Income tax papers (both their names).
An identification card that shows that his spouse's was using his last name.
Membership cards for video clubs, grocery stores or similar businesses, that show joint membership.
Any other documents.

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! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!