Dear Atty. Lou,
I arrived in the US on a fiancé visa on August 1, 2006. I was petitioned by my husband who I met through the internet in 2004. When he was courting me, he said he was a devout Christian, a good loving and sweet person looking for a serious relationship. He said he loved me so much and promised me that he will take care of me.
When I arrived in the US, we only stayed together in his room for only one week. After one week he made me stay in a separate room with no air conditioning. He only makes me go inside his room whenever he wants me for sex. I found out that he doesn’t want me in his room because he watches porno in his computer. Just a few weeks after my arrival, my husband became very abusive to me-physically, emotionally and sexually. He even forced me to have sex with his brother against my will. Whenever I refused to have sex with him, he would drag me on the floor from my room to his room.
He filed a petition for me with the Immigration Service but we both did not appear for our interview. The petition was denied and I was brought before the Immigration Court. I was able to escape from our home and live in a shelter. I am being assisted now by a non profit organization that caters to victims of domestic violence. My lawyer filed for self petition under the Violence Against Women Act (VAWA). This petition was approved and I have hearing in November 2010.
My husband still harasses me and a few days ago, I went to a family court to file the divorce. He was also there and tried to talk to me to return to the home. I am so frightened. He told me that he divorced me in August 2007 even before I escaped from the house. In my self petition, I represented that I was still married, I did not know that I was already divorced until recently. I don’t want USCIS to think I was lying. What are my options now? Do I still have a chance to stay in the US? I do not have a work permit and I have been waiting for a long time for USCIS response. Should I get married again? Will this help me with my case?
Please enlighten me. Never in my wildest dreams did I think my life would take a turn for the worse here in the US. I was 35 years old before I was married and then it turned out like this. I am so stressed and depressed. I hope that no one else will suffer the same abuses I experienced.
VAWA Petitioner
Dear VAWA Petitioner,
I sympathize with your situation and I hope that Filipinos migrating as fiancées will take time to know more about their petitioner before following them to the US. Unfortunately, for some, they are not able to predict the change in character until they arrive in the US just like what happened in your case.
Based on the information you have provided, it appears that you already have a I-360 self petition approved under the Violence Against Women Act. This petition is approved on the ground that you successfully proven that you were a victim of domestic violence by a US citizen spouse. In the past, one of the requirements is that the petitioner/victim must not be divorced from the US citizen spouse. However, this requirement was already eliminated and that it does not matter whether you are still married or not to your abuser.
On you next individual hearing in December 2010, you are expected to show proof of your admissibility to the judge based on your approved petition. I assume that your legal representative had filed for your adjustment of status on your case. During your hearing, there will be an opportunity to explain the discrepancy of your responses on the I-360 form and the responses on your adjustment of status regarding your marriage and subsequent divorce. I do not believe that you will be considered as intentionally lying on your petition regarding your divorce because you just discovered recently that you were already divorced since 2007.
I do not see any good reason for your to enter into a second marriage to a US citizen just to stay in the US. There is a strong probability, unless you have “inadmissibility” issues such as fraud or criminal cases, that your application for relief before the judge will be granted. Good luck!
Atty. Lou
(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 415.397.0808; email at law@tancinco.com or check their website at tancinco.weareph.com/old. The content provided in this column is solely for informational purpose only and do not create a lawyer-client relationship. It should not be relied upon as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You can submit questions to law@tancinco.com)
