Wanted to ask experts here what is the impact on an immigrant who has filed a VAWA Affidavit and there is an annulment proceedings going on.
I know VAWA can be filed during divorce/annulment and if already divorced they can still file within 2-years after the divorce. But more interested to know what will happen to VAWA affidavit if the marriage is annulled. Will it still be approved if not already approved, will it be revoked if already approved.
Please requesting only serious and knowledgeable answers. I am in a legal crunch and need to make a quick decision.
No affect to the application. The person can still be in the same house, still married, divorced, in the process of, or within two years of divorce finalization. The records of the proceeding can become part of the case as it moves forward.
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Posts: 2535 | Location: San Antonio TX | Registered: 06-08-2007
The records and filings in the divorce action can be used in the vawa claim. Usually for substantiating the abuse allegation. They will review those in making their determination. Not to say it should be used 3rd party to speak to adjudicators, they will catch that.
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Posts: 2535 | Location: San Antonio TX | Registered: 06-08-2007
I dont think a vawa can be revoked unless it can be shown it was misrepresented. Tough to do when the accused is not permitted a defense. The only way they can defend is if another party steps forward to initiate an action against the vawa filer. Then the accused evidence can be inlcusive of that action.
Vote Republican and this country will still be worth sneaking into.
Posts: 2535 | Location: San Antonio TX | Registered: 06-08-2007
Originally posted by HelpVictim: Wanted to ask experts here what is the impact on an immigrant who has filed a VAWA Affidavit and there is an annulment proceedings going on.
I know VAWA can be filed during divorce/annulment and if already divorced they can still file within 2-years after the divorce. But more interested to know what will happen to VAWA affidavit if the marriage is annulled. Will it still be approved if not already approved, will it be revoked if already approved.
Please requesting only serious and knowledgeable answers. I am in a legal crunch and need to make a quick decision.
So, is the annulment being heard by the Catholic Diocese or by a state family court?
If it is religious, then no effect whatsoever. But since you have been married for so long, then the state family court is an extreme long shot. And as I recall, you were in the process of divorce and changing attorneys?
You probably won't have to send anything. From what I know part of their procedure is to obtain the court records of your case. You may want to review your application and correspondance. If the option exists to submit additional information then follow through.
The Catholic annulment Hudson mentioned isn't relevant to anything since the church has no force or affect. You aren't going that rout are you? Waste of time.
Vote Republican and this country will still be worth sneaking into.
Posts: 2535 | Location: San Antonio TX | Registered: 06-08-2007
Davdah, HelpVictim has been married longer than 6 months. It is more like three or four years with a child, I think. In either case, annulment proceedings are a waste of time legally unless there is very obvious fraud, especially for a marriage longer than 3 or 4 years. Anything immigrant related, he will not have any chance. It will be a divorce, fault or no fault. From my memory, he accused his wife of everything, even attempting to use, more like misuse, Westernization attitudes by his wife and family. and this was an arranged marriage.
If she filed a vawa action last August the case may have already been decided. At present applications received up through Sept 8 2007 are being reviewed.
Not a lot you can do except make sure the truth is well documented in the court records. It doesn't matter that its an annulment or divorce. If you go the annulment rout the fraud had better be very provable. The vawa action might be usable in an indirect way. I'm in unchartered water here. But I would think since you know about it. The element of secrecy is gone and there is no good reason that those records can't be subpoenaed to illustrate the fraud element.
Hudson, you said there are kids? I didn't see any mention of that in the prior posts. Many were deleted though. If there are children I would take that as a strike against a claim of fraud. Having children would be seen as trying to establish a family with the accused.
If the purpose of all this is to clear your name and rescind the vawa claim you might be out of luck. That is assuming she was successful in getting it approved. If you know she did. Short of actually seeing the GC its tough to know.
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Posts: 2535 | Location: San Antonio TX | Registered: 06-08-2007
I believe an alien pursuing a VAWA claim has to be able to demonstrate that the alien's intentions upon entering the marriage were bonafide. If the annulment is granted, whether or not this would have bearing on a VAWA claim would depend upon the reasons the annulment was granted.
quote:
Originally posted by HelpVictim: So lets assume if I get the evidence in court during annulment proceedings and if I send that evidence, will they consider it?
Posts: 2068 | Location: USA | Registered: 07-25-2003
Which court? The vawa court? Forget it. You as the accused are not to know the proceedings are being conducted.
This was where the argument between RN and WUSC was going to end up when they were starting the debate. Although vawa has a negative impact on the accused somehow or another it skated by the due process & facing the accuser requirement of the 6 amendment.
Its considered an administrative action and falls outside the scope of the 6th amendment. In other words the hearing is held in secret. You as the accused are not permitted a defense. You may not attend. You can not subpoena the records in most cases. The case will be heard by the likes of Hudson. In other words by definition you are guilty.
The requirements are supposed to be 'extreme' violence or abuse against the victim. The definition of extreme has been watered down to include such things as threatening to or revoking your sponsorship of the immigrant. One would think stopping the immigration process would be a defacto step in divorce proceedings. Guess again. Not to say this will guarantee a GC. Is one of several factors looked at. Since the hearing is in secret and the results are not published its tough at best to even guess what the success rate is.
Much of it depends on the immigrant. As well as the immigration attorney. If you have two accomplices working for mutual benefit at the expense of a third with no chance of reprisal, what are the odds?
Swiss nut made the comment about bona fide marriage. Usually the victim provides that. I mean the victim of the false vawa claim. The defrauded spouse who married the perp will do what a normal spouse would do in building a true marriage. The joint lease, insurance, credit cards, etc. Those pieces of evidence will be used by the accuser as said evidence and claimed as their own.
A good idea would be to read prior posts on this subject. There are many throughout this site. Doing a 10 second google search netted a few interesting pieces of info here.
Vote Republican and this country will still be worth sneaking into.
Posts: 2535 | Location: San Antonio TX | Registered: 06-08-2007
Originally posted by davdah: If she filed a vawa action last August the case may have already been decided. At present applications received up through Sept 8 2007 are being reviewed.
Not a lot you can do except make sure the truth is well documented in the court records. It doesn't matter that its an annulment or divorce. If you go the annulment rout the fraud had better be very provable. The vawa action might be usable in an indirect way. I'm in unchartered water here. But I would think since you know about it. The element of secrecy is gone and there is no good reason that those records can't be subpoenaed to illustrate the fraud element.
Hudson, you said there are kids? I didn't see any mention of that in the prior posts. Many were deleted though. If there are children I would take that as a strike against a claim of fraud. Having children would be seen as trying to establish a family with the accused.
If the purpose of all this is to clear your name and rescind the vawa claim you might be out of luck. That is assuming she was successful in getting it approved. If you know she did. Short of actually seeing the GC its tough to know.
Davdah, I was not sure about the kid and why I said I Think in my post.
Helpvictim has been on this board and posted about his situation on more than one occassion. He even used PM, as I recall. But what stuck most in my memory is that divorce is not an option for him, for whatever reason. Personally, I believe he is attemting to use conspiracist arguments to prove, at least in his mind, fraud existed while never accepting his own actons. In other words, he wants it both ways. At least, that has been the impression from the discussions.
Helpvictim, I wish you luck in your endeavor. Personally, I think you need professional help with your issues in the divorce. Again, I am not saying none of this is her fault, but I truly hope you will find peace after this is all over.
From a professional side, any annulment proceedings is a waste of time if a marriage is longer than six months and there is not blatantly obvious signs of fraud. You might be able to prove divorce is her fault, not yours, but again, it is a long shot. And I think it will be a no fault from the postings you have made.
As for VAWA, it may or may not have processed. They take a year to decide in most cases. But again, it is predicated on the belief that you think she has filed a VAWA claim.
Originally posted by HelpVictim: Wanted to ask experts here what is the impact on an immigrant who has filed a VAWA Affidavit and there is an annulment proceedings going on.
I know VAWA can be filed during divorce/annulment and if already divorced they can still file within 2-years after the divorce. But more interested to know what will happen to VAWA affidavit if the marriage is annulled. Will it still be approved if not already approved, will it be revoked if already approved.
Please requesting only serious and knowledgeable answers. I am in a legal crunch and need to make a quick decision.
First you must make sure we are discussing a court annulment and not a church annulment.
Originally posted by davdah: Which court? The vawa court? Forget it. You as the accused are not to know the proceedings are being conducted.
This was where the argument between RN and WUSC was going to end up when they were starting the debate. Although vawa has a negative impact on the accused somehow or another it skated by the due process & facing the accuser requirement of the 6 amendment.
Its considered an administrative action and falls outside the scope of the 6th amendment. In other words the hearing is held in secret. You as the accused are not permitted a defense. You may not attend. You can not subpoena the records in most cases. The case will be heard by the likes of Hudson. In other words by definition you are guilty.
The requirements are supposed to be 'extreme' violence or abuse against the victim. The definition of extreme has been watered down to include such things as threatening to or revoking your sponsorship of the immigrant. One would think stopping the immigration process would be a defacto step in divorce proceedings. Guess again. Not to say this will guarantee a GC. Is one of several factors looked at. Since the hearing is in secret and the results are not published its tough at best to even guess what the success rate is.
Much of it depends on the immigrant. As well as the immigration attorney. If you have two accomplices working for mutual benefit at the expense of a third with no chance of reprisal, what are the odds?
Swiss nut made the comment about bona fide marriage. Usually the victim provides that. I mean the victim of the false vawa claim. The defrauded spouse who married the perp will do what a normal spouse would do in building a true marriage. The joint lease, insurance, credit cards, etc. Those pieces of evidence will be used by the accuser as said evidence and claimed as their own.
A good idea would be to read prior posts on this subject. There are many throughout this site. Doing a 10 second google search netted a few interesting pieces of info here.
I Suppose If sponsorship Is Withdrawn and The "Immigrant Spouse" Obtained a DUI, It Matters????
A DUI isn't relevant to anything aside their driving record. Unless it involved a crime of moral turpitude, drugs, or prostitution. Then you might have something.
From my reading the give aways of a GC for the mere assertion of abuse is overstated. Just keep out of trouble and don't give her anything real to use against you. The more you mettle the more likely it will happen. You can't do much to stop it anyhow.
Vote Republican and this country will still be worth sneaking into.
Posts: 2535 | Location: San Antonio TX | Registered: 06-08-2007
Originally posted by davdah: A DUI isn't relevant to anything aside their driving record. Unless it involved a crime of moral turpitude, drugs, or prostitution. Then you might have something.
From my reading the give aways of a GC for the mere assertion of abuse is overstated. Just keep out of trouble and don't give her anything real to use against you. The more you mettle the more likely it will happen. You can't do much to stop it anyhow.
I Read An Article Where any Misdemeanor Even DUI, Can Have An Impact? I Will Have To Try And Find It. Believe Me! I Stay Far away From Her/Them!!! Many Times They Attempted Their Deceitful Kindness To Draw Me In. I Didn't Take The Bait! THANK GOD! So Very Very BAD!!!!
If that was the case then you made the right decision. Keep a wide berth and your sanity. Aren't you the one where they were in the house you were paying for it? Your still not paying for it are you?
Vote Republican and this country will still be worth sneaking into.
Posts: 2535 | Location: San Antonio TX | Registered: 06-08-2007
Originally posted by davdah: If that was the case then you made the right decision. Keep a wide berth and your sanity. Aren't you the one where they were in the house you were paying for it? Your still not paying for it are you?
NOPE! the reason for most of the problems. they lied about putting my name on the deed/title.
when i was forced out, no obligation to pay. they had plenty to pay the mortgage, utilities, etc. 12 people x $300 each. "4 Bedroom house"! thats why enough $$$ leftover to put volkswagon sized pig pitt in the backyard.
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Many Times They Attempted Their Deceitful Kindness To Draw Me In. I Didn't Take The Bait! THANK GOD! So Very Very BAD!!!!