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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Immigration and Divorce
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Associate Member
Posted
Help!
I filed for a divorce in June of 2007. I am a United States citizen and my wife is from the Ukraine. After bringing her here on a K1 Visa and then marrying her, she became violent and was always drinking to excess. My daughter witnessed her hitting me but I never contacted the police for fear of what I had read on the Internet, there are no law enforcement agencies that would believe me and would side with her being from another country and she was a woman. After 1 year and 3 months physical, emotionally and fiscal abuse, I filed for divorce. This was also due to the fact I found that my sweet, kind wife had been a stripper, had pictures of her stripping for men and with another woman on our computer. When I confronted her with this she told me the whole story stating that she had been a stripper, had danced in other countries in Europe and had obtained a new passport before I filed for the K1 so as to have a clean record. She lied on her K1 Visa app stating that she had never been abroad. She said that if I told immigration she would say I knew about this and I would be implicated. She also threatened me that she had friends in New York and they would take care of me if I said anything. I know about idle threats but when I checked our mobile and home bills I found several cell phone numbers in New York that she was texting to. I travel for my job and had to leave on a trip with 1 day notice for a period of 2 days. When I returned she had cleaned out the house, hired an attorney that is a Russian immigrant who handles immigration and divorce and start making false statements that I abused and neglected her to the attorney and a battered womens counselor. To make a long story short, the court removed me from any fault of domestic violence but granted her a protection order for 1 year. I had filed for divorce at the same time they started the protection order with domestic violence charges. I will be granted the divorce in a few weeks, she is now not contesting it, my restraining order against her will be removed. I have been talking and sent letters to the local USCIS, but they do not seem to be impressed with my situation. What are my options for filing a report for marriage fraud? Will the USCIS grant her legal permanent residence status because of the protection order? I have given the government the pictures and the story of her lying on her K1 visa. I cannot seem to find any help on this subject. Can someone tell me where I can go to be heard on this so that she does not hurt me or someone else in the future? She has left me in financial ruins and cleaned out my accounts.
 
Posts: 5 | Registered: 10-23-2007Reply With QuoteEdit or Delete MessageReport This Post
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Sorry to hear about your troubles Sagamore


In anyway, you need to give us more info

you said you filed for divorce in 6/07

When did you bring her on k1 and does she only have conditioanl greencard at this point.

I am assuming she has an approved petitions for conditinal greencard, which means you cannot withdraw the applictions at this point.

lets hear about the timeline and we will then discuss the 751 removal of conditions.

Who have you been in touch with at uscis and where. did you send information. service center or local office?

I dont know what you want to hear from uscis. you will never hear anything from them again unless they chose to present a case for fraud and contact you. and I can tell you right now she scammed u. so lets hear about those timelines to see if you can protect yourself financially,


Where's michael when you need him Wink
 
Posts: 3978 | Registered: 09-27-2003Reply With QuoteEdit or Delete MessageReport This Post
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USCIS will never contact you. She will either be barred from getting a green card or get a VAWA green card or remain here illegally. Whats important is that you forget her and recover. You have done nothing wrong. Find yourself a better wife and know that your ex "wife" will never be happy for the rest of her life. I am 100 % sure of it. Don't hate her; pity her. Good luck !




Impeach Obama !
...............................
SOM - THE VOICE OF REASON

http://internationalloveaffair.com.wwdl.net/
 
Posts: 2951 | Registered: 05-30-2006Reply With QuoteEdit or Delete MessageReport This Post
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She received her conditional temporary green card in December 2006 and she entered the country on the K1 on October 30th 2005. We were married in January 2006, i filed for divorce in June 2007. When I filed for divorce I went to the local USCIS office in my city they shipped the file from the national service center so it is here locally. What I would like to hear from USCIS is that I am no longer responsible for her, that she cannot claim any monies from me on the affidavit of support. The divorce and seperation agreement that has been signed and filed, will be uncontestable in 2 weeks. In the seperation agreement it states under mutual releases that each party releases each other from any and all rights of past present and future support, division of property, right of dower, etc... dispose of any rights, claims and priveleges that each now has or each may have reason to believe that each has against the other out of said marriage relationship or otherwise and whether the same are conferred by the laws of the state, or any other state, or the United States of America, and which are now or which may hereafter be in force and effect. Also I had contacted ICE about this and filed a report regarding marriage fraud. They said that I would not be contacted, they would investigate it. But they advised me I might want to file a report with my local police that I was a victim of marriage fraud. Should I do this? Will this make any difference? I do not hate her, my problem was that at one time I really did love her and did not take the advice to send her home for a visit to her mother and file for divorce while she was out of the country. At the time it seemed heartless and cruel. Since hindsight is 20/20 I should have done this to have avoided all the trauma and embarrassment, live and learn. She probably will remain here illegally, but she does care about her mother and will not be able to see her if she is an illegal. I do not want to believe (although it is probably true) that the USCIS would not check out my account about her lying on her K1 that she had not been in any other country but had on dance contracts and allow her to stay on a VAWA green card.
 
Posts: 5 | Registered: 10-23-2007Reply With QuoteEdit or Delete MessageReport This Post
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I forgot to mention that I was talking with a Officer at the local USCIS office and hand delivered my letters, pictures and divorce papers. They are all in her file. Since June I have been there 3 times. The sad thing is, I did not meet her on the internet, i actually met her on a business trip. I was clueless about scammers and green card hunters until after she left. She did try to sue for support but changed her answer to the divorce to uncontested.

This message has been edited. Last edited by: Sagamore,
 
Posts: 5 | Registered: 10-23-2007Reply With QuoteEdit or Delete MessageReport This Post
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They probably will not bother you with the affidavit of support. PLEASE, for your sake, remove the names of the USCIS agents from the your post immediately. That is in bad taste and could haunt you and possibly get you into legal trouble. There is no reason to put their names in there.

Your dates are confusing. How did she get a conditional green card before you got married. Your time line is incorrect.




Impeach Obama !
...............................
SOM - THE VOICE OF REASON

http://internationalloveaffair.com.wwdl.net/
 
Posts: 2951 | Registered: 05-30-2006Reply With QuoteEdit or Delete MessageReport This Post
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SOM..

She came in on a K1 in Oct 2005
They married in Jan 2006
Temporary GC in Dec 2006
File for divorce June 2007


--------------------------------------------------------------------------------------------
God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too Smile
Mr S.U.
 
Posts: 8786 | Registered: 06-06-2007Reply With QuoteEdit or Delete MessageReport This Post
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I don't have any advice for you unfortunately as I don't know any answers, but wanted to say I am truly sorry that you were scammed like this.
Its immigrants like your wife who make all us other immigrants look bad and give us reputations of being scammers.

I hope you can find a way to get out of that affidavit of support, as I would have thought legally if she lied to obtain a K1 and her GC, then she should be in trouble for that.

The thing is, whatever contract you make between you for after the divorce, if she ever went onto welfare, the USCIS would sue you for the money back.
Of course you could then try doing something against her to recover that, but it doesn;t stop your obligation to the government.

Lets hope they do take your case seriously and help you here.

Good luck


--------------------------------------------------------------------------------------------
God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too Smile
Mr S.U.
 
Posts: 8786 | Registered: 06-06-2007Reply With QuoteEdit or Delete MessageReport This Post
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Sagamore

please edit your post and remove the uscis agents name. this is unacceptable to divulge this type of information on a public forum.
 
Posts: 3978 | Registered: 09-27-2003Reply With QuoteEdit or Delete MessageReport This Post
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You do have one problem. In your divorce agreement. This is actually very common. You and she can not waive contractual obligations to a third party. On your I-864 you made an agreement with the U.S. Gov that you would be responsible to any agency for helping her. A divorce decree can not set that aside. Any debts you two had in common can not be assigned to either of you individually. Creditors are under no obligation to be bound to a divorce decree.

The only option is to write to USCIS and withdraw your sponsorship since its within the two year time limit of the conditional GC turning unconditional. If you do, expect a either a 751 self petition on her part to remove conditions or vawa.


You voted democrat. This country is not worth sneaking into any more.
 
Posts: 6028 | Location: San Antonio TX | Registered: 06-08-2007Reply With QuoteEdit or Delete MessageReport This Post
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Davdah

he cannot withdraw an approved petition.

uscis may relieve him of this if they so desire if fraud can be proven. He is on the hook.

it would be different if they had filed a joint 751 and withdrew it before adjudiction and asked to withdraw sponsership. then he would be off the hook
 
Posts: 3978 | Registered: 09-27-2003Reply With QuoteEdit or Delete MessageReport This Post
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I would like to add...if she is not accepting any kind of support from you whether now or after the divorce, be very careful...

If she does not meet the 125% above poverty level that you promised she will have whilst in this country (unless he becomes a Citizen, dies etc) she will have every right to sue you in Federal court for it under the affidavit you signed.
She won't be able to get government help during the first 5 yrs of her GC. So if she has no money and say doesn't earn enough..she can agree with you now for no support, but she can still go after you in Fed court.

If she receives support or earns quite a bit, she will not have much of a case as they take into account her income, but what if she intends to not work or find another way to scam you...be very careful what you agree to.

The problem is still that you have an obligation with the Government for 10 yrs whilst she is here.


--------------------------------------------------------------------------------------------
God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too Smile
Mr S.U.
 
Posts: 8786 | Registered: 06-06-2007Reply With QuoteEdit or Delete MessageReport This Post
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quote:
Originally posted by Sprint_girl07:
I would like to add...if she is not accepting any kind of support from you whether now or after the divorce, be very careful...

If she does not meet the 125% above poverty level that you promised she will have whilst in this country (unless he becomes a Citizen, dies etc) she will have every right to sue you in Federal court for it under the affidavit you signed.
She won't be able to get government help during the first 5 yrs of her GC. So if she has no money and say doesn't earn enough..she can agree with you now for no support, but she can still go after you in Fed court.

If she receives support or earns quite a bit, she will not have much of a case as they take into account her income, but what if she intends to not work or find another way to scam you...be very careful what you agree to.

The problem is still that you have an obligation with the Government for 10 yrs whilst she is here.


Sorry about the names I removed them. If I understand this correctly she can sue me in Federal court? If she is a stripper that is a an unverifiable income, she could be making quite a bit of money but not have to report it. How can I protect myself? File for a complaint of marriage fraud? It does not seem that the government cares about what I have said, and as was posted here they will probably never contact me (unless they want to sue me for benefits). My daughter signed affidavit witnessing her hit me and her violent behavior and my son's affidavit of her violent behavior and drinking is in her USCIS file. Are you telling me that there is no legal action I can take. I read that if an immigrant has a criminal record or in the process of criminal trial and they do not have LPR, they are deportable. Is this true? Are there any lawyers that specialiaze in this that I contact/ I have tried to find one, made several calls, but it seems that Immigration lawyers only handle aliens with paperwork VAWA or deportation/

This message has been edited. Last edited by: Sagamore,
 
Posts: 5 | Registered: 10-23-2007Reply With QuoteEdit or Delete MessageReport This Post
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I said to forget the affidavit of support. No one is going to bother you with that. Concentrate on whats important. I don't know why your divorce is taking so long. It shouldnt take more than a couple of months.




Impeach Obama !
...............................
SOM - THE VOICE OF REASON

http://internationalloveaffair.com.wwdl.net/
 
Posts: 2951 | Registered: 05-30-2006Reply With QuoteEdit or Delete MessageReport This Post
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Sagamore


Just what is it that you are looking for .. you reported what you believe to be fraud. it is in her file. when her case comes up her file will be reviewed.


your son and daughter signing affidavits for their father, will not carry much weight. you never called police on this woman when she was "doing this abuse"

[quote]I read that if an immigrant has a criminal record or in the process of criminal trial and they do not have LPR, they are deportable. Is this true? Are there any lawyers that specialiaze in this that I contact/ I have tried to find one, made several calls, but it seems that Immigration lawyers only handle aliens with paperwork VAWA or deportation/[quote]



What is her crime. has she been arrested and convicted of a crime? I dont think so. You can not cause her deportation. only she can do that by her actions, which she is probably too smart and clever for.

When divorce is final. you will send them a copy of final decree and request that the petitions be terminated and request to withdraw sponsership based on marriage fraud. they wont of course becuase the applications they were already approved, but do it anyway. it will make you feel better.

Your part in this is over. and if you continue bugging uscis. they will perceive you as a nutcase and obsessive. this will only help your wife when she will file the 751waiver to remove conditions based on extreme cruelty to get her 10 yr card. or she will get married again after the divorce..

I know you hurt, but move on as there is not much more you can do. except lesson learned.

Are you telling us that the background check came back clean on her? no issues from uscis. The passport thing is grasping at straws. you dont have much on this girl. Where is the marriage fraud. You met a girl who was a stripper and probably a prostitute also.

The biggest thing here is your pride and the loss of monies from the bank. Be more careful in the future. background checks are cheap. use them. Forgive yourself. you were duped.

Why was pfa granted.. on what grounds in the court?somebody in the court believed her story. so now you can see how easy it will be for her to get VAWA, b/c the accused is not allowed to refute charges because of not being contacted

Welcome to America. Wink
 
Posts: 3978 | Registered: 09-27-2003Reply With QuoteEdit or Delete MessageReport This Post
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Hi, thank you for the reality check and yes I understand this. Yes, my part is over, I wanted not to be associated or implicated if any type of information leads to her to trouble with the government. I work as a consultant that contracts me to mant local, state and federal departments and do not want my carreer affected by this. yes I was duped, my ego and hurt have never been involved with my decisions, only that I am looking out for my children and my life to continue without more problems arising later. I was just asking this forum about a situation and see if I need to be more proactive, as I can see that I do not. It is up to the government and God to finalize this. Thank you for your responses
 
Posts: 5 | Registered: 10-23-2007Reply With QuoteEdit or Delete MessageReport This Post
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Very well written my friend. You are an intelligent and rational minded person.

YOu will do fine from here on. and sincerly best wishes in your healing process to you and your family. This is not an easy task.. but You have demonstrated right now that you are on the road to recovery and you will prevail 4now
 
Posts: 3978 | Registered: 09-27-2003Reply With QuoteEdit or Delete MessageReport This Post
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quote:
Originally posted by 4now:
Very well written my friend. You are an intelligent and rational minded person.


Thank you. I appreciate that.




Impeach Obama !
...............................
SOM - THE VOICE OF REASON

http://internationalloveaffair.com.wwdl.net/
 
Posts: 2951 | Registered: 05-30-2006Reply With QuoteEdit or Delete MessageReport This Post
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Hey Saggy; was she a mail order bride???
Send me PM ; what agency?




Impeach Obama !
...............................
SOM - THE VOICE OF REASON

http://internationalloveaffair.com.wwdl.net/
 
Posts: 2951 | Registered: 05-30-2006Reply With QuoteEdit or Delete MessageReport This Post