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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109047
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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A person here in USA legally on extended card with second

Customer Question

A person here in USA legally on extended green card with second green card application in progress with a biometrics date and all. Married past three years is now having major marital issues.....to include domestic assault and possibly sexual assault by husband will this effect the application process?
Submitted: 7 months ago.
Category: Immigration Law
Customer: replied 7 months ago.
She is concerned about reporting the abuse because she doesn't want to mess up her application process.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

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.

You mean your have an I-751 in process? Are there any police reports to prove the abuse?

Customer: replied 7 months ago.
I'm a former police officer. I have told her several times to report this. Last night has been the worst. She told me he was waiting outside the bathroom after her shower and grabbed tried to throw her down for his sexual pleasure... She fought him off and he stopped. He has been playing around for last several months.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

So really there is no evidence such as witnesses and such?

Customer: replied 7 months ago.
All she would have to do is write a statement and testify. This man feels like he owns her.
Customer: replied 7 months ago.
She's looking to become a citizen. She has a full time job, she makes her own money, and is now in a poor situation at best because she's afrain of her paperwork.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

She may start the divorce process now. It doesn't matter who starts it. She also does not have to wait until her conditional green card expires. She can either inform USCIS to amend her I-751 to change it to a waiver or she can file a new I-751 in waiver form. Here is some information on that:

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

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

She will need to submit evidence similar to the evidence that she submitted at her original marriage interview. She must prove that even though she divorced, her 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 she may not have all of these things, but the more she has, the better it is.

A letter where she describes, in a very detailed fashion, the circumstances in which she met her spouse, the reasons she married, and the feelings and emotions that she had or still has towards him, and why.
If they have a child or children together, the birth certificate for each child.
Wedding pictures and pictures of other moments when she and her 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! 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, you may have to scroll up to the top of the page or 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.

Customer: replied 7 months ago.
If she sticks this out through the process and then divorce is that easier?
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

She should not do that because if she does, they may want to reopen the case to investigate for fraud. If the marriage is falling apart now, she should convert it to a waiver or she should refile it as a waiver. Too many people just stick with it letting USCIS think the marriage is still good with the intent to stay together and build a life together, but they get in trouble later when they apply for some benefit or apply for U.S. Citizenship. So she should use the procedure that exists for this type of situation.

Let me know if you need anything else, but please do not forget to rate me positively. 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. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 7 months 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!

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Thank you for your kindness and respect. Good luck to you.

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