I have a hearing for the restraining order on Dec 29th. If the judge grants it, it will be in effect for one year. I really don’t want that on my record. Is there another way she can get her green card with out damaging me? This is unbelievable! Once she gets the restraining order approved she can fill out the I-360 and get immediate relief. No conditional residency, automatic LPN. The INS has to review this law. If a immigrant wife comes to usa and changes her mind, the only way they can stay here is to make domestic violence charges
I withdrew the affidavit of support on Nov 14th, the day she left. Filed divorce papers Nov 20th. That one needs to get changed to annulment due to Marrage fraud. and she was arrested on December 15th for being a public charge and having "no status" to be here in the good ol usa ... but when the DV is locked in, and she files the I-360 to Vermont, they almost always grant it. Then she gets immediate deportation relief. This is the info I have found on the net. Besides me pulling the I-485, I have filed a marriage fraud complaint with ICE.
ctbale, You are no longer married to this alien. Her immigration process is really of little concern to you at this time. You've reported your suspicion that the marriage was entered into for immigration benefit, and that's all you can do at this time.
Even with a VAWA claim, and despite any DV allegations (which is what they are as I can see, just allegations) she has a responsibility to prove the marriage was bona fide prior to being approved. Does she have such proof?
The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.
Posts: 1175 | Location: ..the natural world | Registered: 06-13-2005
Thanks for all your replies everybody. As to whether or not the marriage was bonifide, it was legal, but now looking back I dont really know if she was in it emotionally, it was always a cold feeling from her. I think she just wanted to come to usa and see what happened. Maybe she got bored after the honeymoon phase was over. Her new, now old boyfriend called me last night and said he is not paying for her lawyer anymore, dont know if thats true, I have had no info about her sense she was arrested on the 15th. At this point I dont care what happens to her, I just dont see why I have to have a false DV on me just so she can get her Green Card. But I think she is going for the GC and whatever blood money she can get out of me. This is total BS!!!!
Originally posted by ctbale: Thanks for all your replies everybody. As to whether or not the marriage was bonifide, it was legal, but now looking back I dont really know if she was in it emotionally, it was always a cold feeling from her. I think she just wanted to come to usa and see what happened. Maybe she got bored after the honeymoon phase was over. Her new, now old boyfriend called me last night and said he is not paying for her lawyer anymore, dont know if thats true, I have had no info about her sense she was arrested on the 15th. At this point I dont care what happens to her, I just dont see why I have to have a false DV on me just so she can get her Green Card. But I think she is going for the GC and whatever blood money she can get out of me. This is total BS!!!!
Evidence of the bonafides of marriage in terms of a successful petition under VAWA with USCIS would be joint banking statements, names on titles to autos, home, evidence of residence together, name as beneficiairy to life or health insurance policies, jointly-filed tax returns, evidence to demonstrate a co-mingling of finances and social lives....
Does she have any of these evidences?
The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.
Posts: 1175 | Location: ..the natural world | Registered: 06-13-2005
I can say with certainty that we had none of the above. We only were married and living together for 9 weeks. She started to see other guys, by her own admission, after only 4 weeks, when I was away working. I did put her on my health insurance at work though. But as far as leases, taxes, titles to properties, checking/savings accounts … nothing. Would the absence of the above documents preclude her from filing an I-360 successfully? If so, and I could demonstrate that, maybe I could convince her "DV crazed" attorney to withdraw the Order of Protection motion/hearing we have on December 29th?? As I stated before, I don’t have any contact with her, so there is no need for an order of protection. Thanks so much for any additional advice you could send me.
Living only 9 weeks?? Cheeses and rice... yep, she couldn't hold her horses at all. And yes, I am mostly sure that 99% of women coming to USA to marry, are just looking for a kick start to their dream life they saw in the movies or read in the magazines.
You sure have to file at least the declaration outlining all the facts in regards to your marriage and "abuse" to her. It has to be filed with court to become a part of the file no matter if you dismiss the case or not. You might need it in the future (the copy of the file).
It seems to be very easy to get the initial restraining/protection order, but during the hearing you have to show as many documents you can come up with.
Plus, you really have to think about annullment (which state are you in)? And you can forward the final decree to Vermont (that's where she'd file the I360) or to the next adjudicating office (if her I360 will be approved and she'd have to file for AOS).
Good luck. Such women really give a bad name for other foreigners.
Originally posted by QT: Living only 9 weeks?? Cheeses and rice... yep, she couldn't hold her horses at all. And yes, I am mostly sure that 99% of women coming to USA to marry, are just looking for a kick start to their dream life they saw in the movies or read in the magazines.
You sure have to file at least the declaration outlining all the facts in regards to your marriage and "abuse" to her. It has to be filed with court to become a part of the file no matter if you dismiss the case or not. You might need it in the future (the copy of the file).
It seems to be very easy to get the initial restraining/protection order, but during the hearing you have to show as many documents you can come up with.
Plus, you really have to think about annullment (which state are you in)? And you can forward the final decree to Vermont (that's where she'd file the I360) or to the next adjudicating office (if her I360 will be approved and she'd have to file for AOS).
Good luck. Such women really give a bad name for other foreigners.
QT, this is a moot point, because if her I360 VAWA claim were approved, any subsequent AOS would have no bearing on the former marriage.
ctbale,
Absent sufficient documentation of the bonafides of marriage, I suspect a successful VAWA claim could be an uphill battle for her, that is, UNLESS she could present evidence that could affirm that the US citizen refused to provide the required evidence or access to shared finances and tax filings.
The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.
Posts: 1175 | Location: ..the natural world | Registered: 06-13-2005
I see your point, sappy, but I insist that subsequent AOS at their local office would be based on approved I360. She would be interviewed and MUST prove her case all over again, including her bona fide marriage and abuse. I360 is just like I130 - it does not guarantee your the AOS, it is just a basis for it. That's why so many BS-ing women don't pass the AOS interview.
Originally posted by QT: I see your point, sappy, but I insist that subsequent AOS at their local office would be based on approved I360. She would be interviewed and MUST prove her case all over again, including her bona fide marriage and abuse. I360 is just like I130 - it does not guarantee your the AOS, it is just a basis for it. That's why so many BS-ing women don't pass the AOS interview.
While that might be tue, any sliver of doubt as to the bona fide nature of the marriage would surely come up in the I360 adjudication. No?
The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.
Posts: 1175 | Location: ..the natural world | Registered: 06-13-2005
Right. That's the main point to prove while filing I360. You have to prove that you married the person in good faith. If you started cheating in a couple of weeks, that really raises red flags. Often, in their defense, women would say that their husbands lied about the financial situation, physical performance and emotional health.
When they are requested to prove how they contributed to their marriage (brides), they usually fail to do so. Very so often ex-husbands help their brides with VAWA by making public accusations and sending all types of letters to immigration. When the woman states (in her declaration), that her husband threatened to withdraw his affidavit and deport her if she won't cooperate or behave the way he wanted her AND as a proof the VAWA Adjudicator sees that the ex-husband sent a number of very emotional, angry letters to Immigration - here is the proof of the validity of the petition, regardless if there is enough evidence for a bona fide marriage.
Paper trail is all that matters in VAWA adjudication. Truth is - ex-spouses often help their ex's with providing enough evidence to support VAWA petitions. If the hurt husband wants to do something about the situation, rule number one is to have a cool head.
My immigrant wife filed a false domestic violence charge against me in July of last year in order to get the green card by fraud here in Ohio. I was found not guilty of the charge however she was allowed to keep the restraining order on me for a two year period. We have since divorced. I have witnesses to testify that she lied and told them that I was never mean to her or ever tried to hurt her. I also discovered alot of other evidence on her that her marriage to me was really based on fraud. Any help on this. I would like to prosecute her for her deception to me.
Unless she has direct proof of either physical and/or emotional abuse, the VAWA may not be granted. Direct proof may be either pokice affadivit, domestic violence report, friends and/or family who witnessed the abuse, etc. Without this type of direct proof, it may be very difficult to prove VAWA. And given the short time when she entered the US on the K1 visa, marriage within 90 days, and left November of the same year, it is possible that the VAWA may be a sham. But without hearing her side of the story, it is hard to determine all the facts of the case.
She may have also violated the protective order. Although you were served the protection order not to come in contact with her or within 100 feet of her residence, she also cannot contact you via phone or e-mail while the order is enforced. Document all contact she makes and notify the DA office in your area that she is contacting you. This will protect you from violating the order. I also find the reason, "head butted her back" to be very dubious of the charge. Furthermore, VAWA claims are not automatic. USCIS looks at all the facts before granting VAWA claim.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
ctbale, You are no longer married to this alien. Her immigration process is really of little concern to you at this time. You've reported your suspicion that the marriage was entered into for immigration benefit, and that's all you can do at this time.
Even with a VAWA claim, and despite any DV allegations (which is what they are as I can see, just allegations) she has a responsibility to prove the marriage was bona fide prior to being approved. Does she have such proof?
Sappy, Filing divorce papers is not the same as dissolution of marriage, which has to be granted by a district judge. And depending on the state, even when you have both wanting divorce with no protractions, it can take over six months and up to a year. It all depends on the courts docket and how booked the court is. Technically, until the divcrce is finalized, both are still considered married.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Originally posted by ctbale: I can say with certainty that we had none of the above. We only were married and living together for 9 weeks. She started to see other guys, by her own admission, after only 4 weeks, when I was away working. I did put her on my health insurance at work though. But as far as leases, taxes, titles to properties, checking/savings accounts … nothing. Would the absence of the above documents preclude her from filing an I-360 successfully? If so, and I could demonstrate that, maybe I could convince her "DV crazed" attorney to withdraw the Order of Protection motion/hearing we have on December 29th?? As I stated before, I don’t have any contact with her, so there is no need for an order of protection. Thanks so much for any additional advice you could send me.
She may have an uneithical attorney who would use no hold bars in these types of cases. However, I do not think she will be granted a GC based on the severe lack of time the two of you lived together, the allegation of a bead butt back incident, and now leaving the current boyfriend.
Sorry this happened to you, but the DV will not be on your record and a good attorney can get the restraining order removed once she is deported or volutarily leaves.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
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