Legal Question in Immigration Law in Iowa

I want to inquire about an immigration status:

my friend came to the country on February 23, 2009 with a type of visa called "Au Pair J1" which expired on April 11, 2010. she married an American citizen 8 days before the expiry of the visa. she thought her husband would treat her right all the time because they get along as a couple, but unfortunately her husband became physically violent with her at least three times after marriage and one of them he left her a swollen black eye in which there is evidence of photos that are in her andmy possession. In one incidents the authorities intervened and arrested the husband for only a day. right now she fears for her life but even more afraid that after the divorce she has to return to her homeland ...

my questions are:

is there any way that she can divorce her husband but at the same time remain in the country indefinitely?

I heard of a process called "Affidavit support" where someone takes care of a person. Is this is possible in this situation and I can become in charge of her after she gets divorced since I also am a U.S. citizen?

what are the requirements of the "Affidavit support"

please answer me the following email:

[email protected]

thank you very much for your attencion ...


Asked on 5/07/10, 2:00 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Affidavit of support can't help someone in this situation. It's used as a proof of financial support. Husband has to petition for his foreign wife in order for her to be granted a permanent resident status.

If he is abusing her - there is another option, rarely used - she can self-petition for a Green Card (residency) without her husband's assistance and no affidavit of support will be required.

I specialize in this type of cases. It's called "VAWA self-petition".

If she requires legal assisatnce, I'd be glad to help. My contact email is Attorney @ law-visa-usa.com

P.S. She should contact local chapter of YWCA and get into Domestic Violence shelter if she fears for her life and has no place to stay.

www.law-visa-USA.com

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Answered on 5/12/10, 2:10 pm


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