help battered spouse?

Question

I have a friend who just get married (3months ago) to an US Citizen.
He did not file yet I.130 for her and instead he abuses her.
She can provide a police report.
What should she do?
Can she be eligible to self petition "batteredf spouse" even if she has
been married for such period of time and even if he did not file
nothing on her behalf?
Thanks for any further help.
and if you have nothing nice to say please keep it for yourself!

Answer 1

http://www.familybasedimmigration.com/forum/showthread.php?t=149 There you will find a great resource in questions and answers on divorce etc and its effect on immigration.
e.g.
Q: What if the petitioner/spouse refuses to file the adjustment of status application?
A: Typically, the marriage-based petition requires that the parties be in a viable marriage. But if the spouse (either an US citizen or LPR) refuses to file the adjustment of status application or withdraws the application prior to its adjudication, provided the alien meets the eligibility requirements, he or she can self-petition as an abused spouse under provisions of VAWA, without the help of the spouse. Lack of physical battery does not necessarily preclude a self-petition as an abused spouse under the very liberal immigration laws. A consultation with an immigration attorney is strongly advised.

Answer 2

If you are the battered or abused spouse or child of a U.S. citizen and he or she refuses to petition on your behalf, then you can petition for yourself. You are required to be physically inside the U.S. to take advantage of this opportunity.

You must also establish with credible evidence all of the following:

1.) That you were either battered or subjected to extreme cruelty,
2.) That you resided with the spouse or parent inside the U.S.,
3.) That your deportation would cause extreme hardship to yourself or your children, and

If you're a spouse, that the marriage was entered into in good faith-that is, not just to get a green card.

Answer 3

yes she can file as spouse of abusive husband that is a citizen...I do recommend that look p in the Internet at VAWA is a petition that she will need..the longs is prove the abuse the she can file for her legal status here...Check in the city were she lives a office that give free help on this and they have experience on this don't let her do it on her own...I d recommend that she goes to a place were they can help her with the legal process...By the way I do recommend that she don't tell her husband because he can deport her if she shows to a one INS office...She needs to go a office were they can help her and they will tell her all that she do need to do...And is VAWA= Violence Against Womens Act. Is a Law that protects womens that are marry to an american citizen Good luck!!!Do it as soons as posible...She will need the marriage license ofcourse and the police reports witness of the abuse and maybe they will reccommend a counseling...

Answer 4

If you want nice go to church and pray. if you want the truth I can tell you this. Have her leave immediately. Go live at a friends. Don't worry with police. If he shows up call them. Don't worry about a restraining order. If he returns just call the police. If you want to involve court, just file for an annulment and get on with life. The Family Law Facilitators office will help. Otherwise you are involving authorities and that will lead to real complications. A bad lawyer can handle immigration better than a good lawyer can handle divorce. If you like Drama then go ahead and play the game. This is real life and unless you hate your friend you will lead her, or him, away from the BS!!!

Answer 5

i'm from the uk and don't know about US law. But here if a person is assaulted or harrassed in anyway with previous evidence - as your friend has - they can bring charges against the person who hurt them (married or not) and bring an injunction to keep that person away from them. Doing that doesn't affect any divorce proceedings. I would suggest your friend gets advice from a solicitor or from an organisation who support people who suffer domestic violence. Her priority is her safety and well being. If she feels unsafe she needs to make moves to ensure that safety. It's not easy I know but anything is better than being treated badly. I wish her well. You're a good friend for helping her out.
These links may help
http://www.law.fsu.edu/journals/lawreview/frames/243/jonefram.html
http://www.ndvh.org/help/index.html
http://www.smithfieldpd.com/dvlaw.htm