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I got married 1 year and 1/2 ago, and unfortunately is not…

Good morning! Lawyer's Assistant:...

Good morning!

Lawyer's Assistant: Hi. How can I help?

I got married 1 year and 1/2 ago, and unfortunately is not working out. hes being very bad with me....i'm drained
i got my green card 7 months ago
i'm lost
hes being threatening me that he will screwed me up
i've lost 20 pouds because of stress
i cant do it anymore
its so sad
i love him thats why i was trying to make it work
what do i do? i mean about the documents

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

About the divorce? no.... i've got the first green card 7 months ago

Lawyer's Assistant: Have you talked to a lawyer about the green card?

You are the first one i havent it just happened last night i was scared the way he treated me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I dont know.... i'm sorry, i'm chocked and lost. I would never thought he would do that i couldnt sleep

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Answered in 5 minutes by:
3/26/2018
Nisha Jones
Category: Legal
Satisfied Customers: 3,354
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an Immigration attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your situation.

Do you have a 2 year conditional resident card right now?

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Customer reply replied 3 months ago
thank you! I'm sorry if is not too clear. I'm under my 2 years green card, which means after 2 years i have to send all the documents again to get the permanent. But i'm about to get a divorce. idk how to proceed, for even though get my permanent one
Customer reply replied 3 months ago
correct
Customer reply replied 3 months ago
please dont send messages to my phone , because i'm in his account and his mother keeps looking on my phone details
Customer reply replied 3 months ago
she is tracking me , all my phone messages and calls. There is no privacy
Customer reply replied 3 months ago
hello. are you there?

Yes, I'm here.

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It may be better for us to speak over the phone then, I've sent you a link you can follow to get set up for the call.

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Customer reply replied 3 months ago
i cant talk on the phone. as I said they are tracking me
Customer reply replied 3 months ago
i understand. but i cant

I don't personally have access to where your messages are sent, I'm responding on JustAnswer and you should be receiving my messages on your online JustAnswer account.

Would you like me to continue?

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Customer reply replied 3 months ago
how do i proceed? if i get divorced how can i get the permanent green card?

Sure, give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 3 months ago
sure! thank you

Generally the I-751 petition for removal of conditions has to be filed jointly by your spouse and you for you to receive the 10 year green card.

That being said, USCIS understands that marriages sometimes do not work out.

For that reason, there is a divorce waiver that you can file jointly with the I-751 if you will be filing by yourself.

The divorce waiver is a letter you write explaining why you got divorced, steps taken to try to remedy the relationship first, and attesting to the fact that it was a bona fide marriage, it just didn't work out.

It's very possible that you will still be granted the 10 year green card.

USCIS' concern is just ensuring that you had a real marriage, not a "sham marriage" that was entered into for immigration purposes only.

If they determine that it was a real marriage, then you will still be approved for the 10 year green card even without your husband filing jointly.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 3 months ago
do i need an attorney to do that or can i do myself? how do i prove that is real, pictures? what do they require?
Customer reply replied 3 months ago
hi! are you still with me?

You can hire an immigration attorney to represent you in this process.

OR you can file yourself, an attorney is not legally required.

Pictures, proof of dates or trips, copies of property owned together, joint names on joint bank accounts, a child in common..

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Those are a few examples.

Also proof of any marriage counseling you attended for example.

If you do decide to hire an immigration lawyer, you can find one in your area through the American Immigration Lawyers Association at:

www.ailalawyer.org

I hope that helps! Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Customer reply replied 3 months ago
i made a video last night and audio record
Customer reply replied 3 months ago
we dont travel, because his mother does not allow. he has a child that grandmother takes care of and she hates me, she does not let us do anything , she keeps making my husband as guilty its horrible
Customer reply replied 3 months ago
in the link that you've sent which type of lawyer would be mine?
family? waives?

Yes family.

I hope that helps!

Don't forget to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 3 months ago
ok! which proof should i get now? videos and audio works?

What state are you located in?

Some states have laws against recording without someone's consent, you want to make sure to not violate those laws.

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Customer reply replied 3 months ago
i'm in virginia. fairfax county

Video and audio is not traditionally presented in regards ***** ***** I-751 interview.

You should consider providing other evidence such as proof that you lived together, vehicles or other property that you owned jointly, and/ or bank accounts or credit card accounts that are in both your names.

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Customer reply replied 3 months ago
i do have rent, utilities bills, bank account and credit card

Yes then that should be sufficient evidence, along with your own testimony, to prove the validity that you had a real bona fide marriage.

I hope that helps!

Don't forget to rate, thanks!

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Customer reply replied 3 months ago
thank you , i will contact you back. are you in dc area?

Per site policy, I'm not supposed to give personal information about myself, but you can always reach me here through the JustAnswer site, I'm online regularly.

You can reach me directly by adding "For Nisha" to the first part of a new question posting. I'd be happy to help.

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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Customer reply replied 3 months ago
sure! so is virginia allowed record audio and videos?

Under Virginia law telephone or in person conversations can be recorded as long as one party consents (ie. you).

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Customer reply replied 3 months ago
ok, so what he did is not valid

I'm sorry, can you please clarify your last question? Thanks!

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Customer reply replied 3 months ago
he recorded a video last night and of course i didnt want it and he lied saying that i didnt let him leave and hurt his hand. since i didnt consent is this valid? can he use it against me? first of all its not true at all
Customer reply replied 3 months ago
did you get it?
Customer reply replied 3 months ago
are you still with me?

If one party consents then the recording is legal.

If he was a party to the conversation and consented, then the recording would be legal.

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Customer reply replied 3 months ago
oh thats why he recorded him as well at some point....he is really bad....he is doing by purpose....

I'm sorry to hear that. If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help.

Please remember to click 'Finish' before leaving the page, and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

Nisha Jones
Category: Legal
Satisfied Customers: 3,354
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
ok! thank you for your help

You're welcome, no problem. Have a good day!

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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).

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