1. How to Build Positivity in Married Life? : Click Here
    Dismiss Notice

where to go?

Discussion in 'Married Life' started by sminu, Jul 2, 2013.

  1. rose2000

    rose2000 Silver IL'ite

    Messages:
    224
    Likes Received:
    94
    Trophy Points:
    68
    Gender:
    Female
    As far as I know (read from the internet ) your kid will not be sent to foster care and you will not be deported to India as you didn't do anything wrong and there is no immigration case against you.
     
  2. shama146

    shama146 Gold IL'ite

    Messages:
    354
    Likes Received:
    396
    Trophy Points:
    123
    Gender:
    Female
    You can yourself search the net for these answers or consult any1 having good knowledge about these issues.
    But don't bear the abuse just because a child is involved.
    Also talk to your parents again about your hubby's cruelty and tell them your life is at stake. I don't think any parents are that insensitive. they will help you out.
    You are the child's mother and have more authority than his abusive father.
     
  3. Billygoat

    Billygoat Silver IL'ite

    Messages:
    19
    Likes Received:
    72
    Trophy Points:
    53
    Gender:
    Male
    OP - please seek help immediately if you or your child are in imminent danger. If the abuse is more of the verbal kind, you can gather evidence by recording the events in a journal or even on a recording device. Follow the advice given be earlier posters and contact the organizations listed. You are entitled to an equal share of marital assets and your husband's earnings and you may need to seek legal counsel to guide you through this process.

    Remember, no relationship is worth saving if there is no mutual love and respect for one another. Don't stay in an abusive relationship a minute longer. You have an entire life and a whole world out ahead of you!

    Good luck! I hope you will choose well.
     
    Last edited: Jul 2, 2013
    1 person likes this.
  4. Gauri03

    Gauri03 Moderator Staff Member IL Hall of Fame

    Messages:
    6,211
    Likes Received:
    13,034
    Trophy Points:
    445
    Gender:
    Female
    The H4 visa seriously complicates your problem. There is no law in place that guarantees immigration options to abuse victims whose spouses are legal non-immigrants. Also, you cannot take your US citizen child out of America without the other parent's consent. They will not stop you while leaving, but if your husband files a case of abduction it will become a felony. You will need a very competent lawyer to file an asylum petition on your behalf, on the grounds of severe distress to your child if he/she is separated from you. I suggest you email or call the numbers above and get a professional opinion. Your call/email can be completely anonymous. No one will force you to identify yourself. Yours is not the first case of this type and there might be ways to circumvent the visa issue. But you will need a very good attorney to handle your case. However, any kind of petition will require you to provide substantial evidence of abuse. This is why it is very very important that you collect as much evidence as you can. This can be in any form, written accounts, online entries, testimony of friends or family, pictures, police records, hospital records or similar. Stay safe, and avoid confrontations until you have evaluated all your options.
     
    1 person likes this.
  5. SreeSri

    SreeSri Gold IL'ite

    Messages:
    701
    Likes Received:
    406
    Trophy Points:
    138
    Gender:
    Male
    At a very highlevel of my understanding, OP can file an immigration petition asylum on the basis of domestic violence. A quick google search has resulted me with some proofs: Immigration Judge Decisions/Briefs & Affidavits

    OP, approach the organizations referred by Gauri above. If you are not confident, try to communicated with one of the high level IL moderators, they may work on behalf of you with such organization without you having an evidence to your spouse. If the IL moderator and the social services organization finds you need full support, the things would get real and you may eventually get an asylum based immigration petition filed so that you and your kid could be in US while the issue is running. But be sure that you need some financial support as well, if you step forward to start the legal fight. Going to India should be the WORST possible option for you(as you cant take your kid along with you). US legal system cant tolerate the abuse for sure...
     
  6. Gauri03

    Gauri03 Moderator Staff Member IL Hall of Fame

    Messages:
    6,211
    Likes Received:
    13,034
    Trophy Points:
    445
    Gender:
    Female
    Asylum petitions and U visas can be applied for under the Violence Against Women Act (VAWA), but the abuser needs to be a US citizen or permanent resident. OP's husband is on an H1 visa, since she is on H4. The law doesn't have anything to say in these cases. There are a few court decisions that might be used as precedent to file for asylum in such cases, but for that you need a competent immigration attorney.
     
  7. SreeSri

    SreeSri Gold IL'ite

    Messages:
    701
    Likes Received:
    406
    Trophy Points:
    138
    Gender:
    Male
    Admitting that I am not so much knowledged about the legal side of this, I do believe that OP can explore the asylum avenue by showing her helpless situation back home in India if she happen to return due to the abusive relationship in US(even by a non-immigrant H1 spouse). Also OP can explore the possible abuse of her kid if she leaves the kid in US as a part of husband custody. If court believes that the kid's safety is going to be in trouble, they may at least grant a temporary permanent residence(GC), given that OP can financially support herself and the kid(with the spouse's child support money). OR at least she can prove that she could take better care than the OP's spouse for the kid.
    We are talking out of blue.. a professional lawyer(with heart to help the helpless), could be the right one to make the final comments..
     
  8. friendlygirl

    friendlygirl Silver IL'ite

    Messages:
    226
    Likes Received:
    197
    Trophy Points:
    93
    Gender:
    Female
    I would recommend this:

    For few days do as he asks you to do.
    keep a video camera or webcam ready so that you can record all teh abuses..
    once you record..DONOT tell him that your recorded..then he will torture you more and possibly delete the video.
    take backups of the recorded video and load it to youtube or something private account so that it cannot be deleted.
    aprraoch the organiations with this evidence.
    Also take picstures of any physical abuse.

    at this point with so much evidence there is nothing he can do.
    but be smart , derive strength and do wht is right for your safety and child's safety.
     
  9. sweetshreya

    sweetshreya IL Hall of Fame

    Messages:
    2,073
    Likes Received:
    5,286
    Trophy Points:
    383
    Gender:
    Female
    OP, after getting my H4 visa, I got a detailed mail from DH's company, in which H4 holders were told that even though H4 is done by our husbands, H1B is done by the the company, and not an individual. So in case of any abuse or visa related deceptions, we can take help from the company's HR. So, if you know your husband's HR manager or even senior manager, or have access to company's mail ID you can take their help. I'm not sure if it applies to all companies or not, though.
     
  10. today123

    today123 New IL'ite

    Messages:
    16
    Likes Received:
    5
    Trophy Points:
    8
    Gender:
    Male
    follow & speak to Gauri, ending marriage is a solution only, getting seprated , will not cost anything and he can't do anythiing , since child is small you will get protection , but don't leave country or escape from the house without letting offcialal sepration
     

Share This Page