Paper trail is all that matters in VAWA adjudication.
That is true as they do not rely on interviews or the evidence the accused may have that the VAWA charge or marriage was based on fraud. I got to laugh when I hear about these "specially trained VAWA staff" in Saint Albans, Vermont. What are trained in? E.S.P. and remote viewing? How they supposed to know what the TRUTH is when the "evidence" is restricted to only come from the petitioner and filtered by her immigration attorney and women's advocate?
Folks, this is a fixed game make no mistake about it. It is fixed to guarantee an outcome to the smart and the lawyered up.
Your comments are SAD and PAtethic.. you are trully dissapointed... i filed tru VAWA by myself my evidences were trully based in documents and pictures every single document was notarize, certified by law enforcement and federal departments where need it. You should not put your finger where you know nothing! if you go to DHS statitics you can check ALL the cases they have turn down because of false testimony and fasle documetnation... they know what they are dealing with and how to process it..
[QUOTE]Your comments are SAD and PAtethic.. you are trully dissapointed... i filed tru VAWA by myself my evidences were trully based in documents and pictures every single document was notarize, certified by law enforcement and federal departments where need it. You should not put your finger where you know nothing! if you go to DHS statitics you can check ALL the cases they have turn down because of false testimony and fasle documetnation... they know what they are dealing with and how to process it.QUOTE]
Alexa: smart enough to notarize what didn't need to, dumb enough to not realize it yet and about to start losing sleep once she finally "gets it."
Do you want for your denial letter to be notarized as well?
This message has been edited. Last edited by: dmartmar,
I paid her family $5000 cash and $2000 gold dowry so we could marry. I complied with the immigration applications and fees that go with that. I supported her for 4 months when she quit her job in Thailand after meeting me. Went to Thailand and flew her back to US. Introduced her to my Mom my Dad and the rest of my family and friends. We got her a social security number and driver’s license. We opened bank account for her We enrolled her in school. I was looking forward to spending my life with her.
9 weeks after we were married she left me for a married guy named ***x ****** on November 14th, the same exact date he left his wife, *** ******. She some how found me thru court records and told me this. She was seeing him when I was away working. They moved into his Condo together. He has hired her a lawyer and paid a $5000 retainer to handle her divorce and to file an Order of Protection against me so she can stay in USA under VAWA. He is supporting her financially. He has also put her on his Fitness Club membership.
And now she wants me to pay her money in a divorce settlement with spousal support and reimburse attorneys fees?? That does not seem to me to be fair.
Sounds like my EX. She tried to burn me on a domestic violence charge but lost. She is currently living with a 70+ year old man who may or may not have had a hand in this sinister deed by her. My ex is a very attractuve lady and a very powerful manipulator. I would contact ICE Immigration Custom Enforcement at 1-866-347-2423 and file a complaint with them as well USCIS at 1-800375-5283. Tell them your story. Also contact a good Immigration attorney who specializes in this. What type of Domestic Violence charge did she file on you? If that guys ex-wife can back you up with her story about him leaving her for your wife you may have a good case in court against her for fraud. Immigration finds out of there is fraud on her part she will not get the green card no matter how many D-Vs she has on you. Here are some of the federal guide lines for you .
The self-petitioning spouse, · Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse. · Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States. · Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage. >>> Is required to be a person of good moral character. >>> Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits
Originally posted by ctbale: I am the original post on this, and in summery
I paid her family $5000 cash and $2000 gold dowry so we could marry. I complied with the immigration applications and fees that go with that. I supported her for 4 months when she quit her job in Thailand after meeting me. Went to Thailand and flew her back to US. Introduced her to my Mom my Dad and the rest of my family and friends. We got her a social security number and driver’s license. We opened bank account for her We enrolled her in school. I was looking forward to spending my life with her.
9 weeks after we were married she left me for a married guy named ***x ****** on November 14th, the same exact date he left his wife, *** ******. She some how found me thru court records and told me this. She was seeing him when I was away working. They moved into his Condo together. He has hired her a lawyer and paid a $5000 retainer to handle her divorce and to file an Order of Protection against me so she can stay in USA under VAWA. He is supporting her financially. He has also put her on his Fitness Club membership.
And now she wants me to pay her money in a divorce settlement with spousal support and reimburse attorneys fees?? That does not seem to me to be fair.
Unless she has direct proof of emotional and/or physical abuse, the VAWA will probably not be granted. Also keep in mind that the divorce attorney is asking for this and only the judge will grant those fees if deemed necessary by the law. However, I do not think alimony or court costs would be granted if you have proof of her braaking the wedding vows (aldultery).
"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 am the original post on this, and in summery
I paid her family $5000 cash and $2000 gold dowry so we could marry. I complied with the immigration applications and fees that go with that. I supported her for 4 months when she quit her job in Thailand after meeting me. Went to Thailand and flew her back to US. Introduced her to my Mom my Dad and the rest of my family and friends. We got her a social security number and driver’s license. We opened bank account for her We enrolled her in school. I was looking forward to spending my life with her.
9 weeks after we were married she left me for a married guy named ***x ****** on November 14th, the same exact date he left his wife, *** ******. She some how found me thru court records and told me this. She was seeing him when I was away working. They moved into his Condo together. He has hired her a lawyer and paid a $5000 retainer to handle her divorce and to file an Order of Protection against me so she can stay in USA under VAWA. He is supporting her financially. He has also put her on his Fitness Club membership.
And now she wants me to pay her money in a divorce settlement with spousal support and reimburse attorneys fees?? That does not seem to me to be fair.
Unless she has direct proof of emotional and/or physical abuse, the VAWA will probably not be granted. Also keep in mind that the divorce attorney is asking for this and only the judge will grant those fees if deemed necessary by the law. However, I do not think alimony or court costs would be granted if you have proof of her braaking the wedding vows (aldultery).
My Ex has absoultely no proof I harmed her in anyway. She only has a divorce on the grounds of incompatibily between us. Her Attorney really sold her down the river thank God! All we have is a lesson in futility for 5 months of agonizing domestic warfare. I could produce a lot of evidence on her from mour e-mails that she lied to me and also she admitted that I was never cruel to her or treated her bad to two differnt people two months after she filed the charges on me. She was sunk after that. I furnished USCIS all the documentation of my evidence on her. When she goes to her AOS interview she is going to have a big problem that day. Also she will probably be arrested by my Local Govenment for filing a false charge on me for perjury.
My Ex has absoultely no proof I harmed her in anyway. She only has a divorce on the grounds of incompatibily between us. Her Attorney really sold her down the river thank God! All we have is a lesson in futility for 5 months of agonizing domestic warfare. I could produce a lot of evidence on her from mour e-mails that she lied to me and also she admitted that I was never cruel to her or treated her bad to two differnt people two months after she filed the charges on me. She was sunk after that. I furnished USCIS all the documentation of my evidence on her. When she goes to her AOS interview she is going to have a big problem that day. Also she will probably be arrested by my Local Govenment for filing a false charge on me for perjury.
I also went through the same situation with my ex, which ended with her getting sent back to her home country embarrased, ashamed and a failure.
the judge said I never hit her. That was her allegation.
Now she wants me to pay her money because I submitted the affidavit of support? Her lawyer thru his motion that I am on the hook. I cancelled the I-864. do I have to pay her money?
This message has been edited. Last edited by: ctbale,
Originally posted by ctbale: i won my dv case!!!!!!!!!!!!!!!
the judge said she has been prostiting and I never hit her. Those were her 2 allegations
Now she wants me to pay her money because I submitted the affidavit of support? Her lawyer thru his motion that I am on the hook. I cancelled the I-864. do I have to pay her money?
Separate case? Or is this Motion part of the divorce action? Didn't you say that she is out of status due to her AOS being denied? if so, there is no Affidavit of Support in place. I guess her attorney can try, but I doubt they'll be successful.
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
Two separate cases. But will be heard by same judge 1. The DV case where she said I assaulted her. The judge didn’t believe her at all. She was looking real bad. Her boyfriend testified that she was assaulted by me. And it came out that her and her boyfriend were having a sexual relationship for one month with out my knowledge. They both admitted that when questioned by my attorney. Our marriage was only 9 weeks! So her VAWA I-360 claim doesn’t look so good.
Now for the divorce case. Count 1 is the divorce; count 2 is her attorney trying to get the court to enforce her 3rd party beneficiary rights from my affidavit of support she is trying to claim. She has not adjusted status. No AOS I withdrew the Avadavat the day she walked out the door.
Originally posted by ctbale: count 2 is her attorney trying to get the court to enforce her 3rd party beneficiary rights from my affidavit of support she is trying to claim. She has not adjusted status. No AOS I withdrew the Avadavat the day she walked out the door.
Well my opinion is that count 2 will fall ~ no legal basis. The Affidavit was withdrawn, and not binding, or no longer binding anyway since the adjustment of status application to which it is a requirement has not been filed. I suppose an aggressive attorney could use the argument that submission of the Affidavit, as opposed to adjudication of the application to which is is bound, binds the sponsor to the obligation with the government, but if the government (2nd party) accepts the withdrawal and basically waives its rights to any claim, how can a 3rd party beneficiary enforce? It's a question that could be posed to an immigration attorney, but I suspect it will not be successful.
If you have any documentation that USCIS provided to confirm the withdrawal of the sponsorship of her AOS application, I'd have it handy to rebut her claim for any support. I'd also speak to your family lawyer about whether this could be considered a spurious legal action. At the very least perhaps some fees could be secured for attempting to impose some obligation upon you who has been expunged of it.
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
...count 2 is her attorney trying to get the court to enforce her 3rd party beneficiary rights from my affidavit of support she is trying to claim. She has not adjusted status. No AOS I withdrew the Avadavat the day she walked out the door.
The only benefits she's going to receive from all of this are getting sent back home to be with her family and turning into a much better person overall.
quote:
If you have any documentation that USCIS provided to confirm the withdrawal of the sponsorship of her AOS application, I'd have it handy to rebut her claim for any support.
I rcv'd one.
quote:
I'd also speak to your family lawyer about whether this could be considered a spurious legal action. At the very least perhaps some fees could be secured for attempting to impose some obligation upon you who has been expunged of it.
Sue her!
This message has been edited. Last edited by: dmartmar,
I have an acknowledgement from USCIS that I made the request in writing and they honored my request and there no longer is an affidavit on file in her behalf. I know what you are saying about a good immigration lawyer could argue she still might have a claim, but my response would be she has dirty hands, or she has caused her self some problems by her and her boyfriend admitting in DV hearing that they were secretly seeing each other at approximately the same time I was filing out the I-864. I hope any reasonable judge would see I would never have filled out a 10 year financial support form if I knew what she was doing when I was away working. She is living with him now, he is paying all her legal fees. I am at the $8,000 mark and only going up on my lawyer fees. Any chance I can somehow recover this amazing amount of money? This is really getting out of hand, I wish she would just leave me alone!!!
Originally posted by ctbale: count 2 is her attorney trying to get the court to enforce her 3rd party beneficiary rights from my affidavit of support she is trying to claim. She has not adjusted status. No AOS I withdrew the Avadavat the day she walked out the door.
Well my opinion is that count 2 will fall ~ no legal basis. The Affidavit was withdrawn, and not binding, or no longer binding anyway since the adjustment of status application to which it is a requirement has not been filed. I suppose an aggressive attorney could use the argument that submission of the Affidavit, as opposed to adjudication of the application to which is is bound, binds the sponsor to the obligation with the government, but if the government (2nd party) accepts the withdrawal and basically waives its rights to any claim, how can a 3rd party beneficiary enforce? It's a question that could be posed to an immigration attorney, but I suspect it will not be successful.
If you have any documentation that USCIS provided to confirm the withdrawal of the sponsorship of her AOS application, I'd have it handy to rebut her claim for any support. I'd also speak to your family lawyer about whether this could be considered a spurious legal action. At the very least perhaps some fees could be secured for attempting to impose some obligation upon you who has been expunged of it.
WOULD THIS SPURIOUS LEGAL ACTION APPLY TO THE $8K AND 5 HOUR LONG HEARING I SPEND TO SUCCESFULLY DEFEND MY SELF IN THE DV CASE?
My Ex has absoultely no proof I harmed her in anyway. She only has a divorce on the grounds of incompatibily between us. Her Attorney really sold her down the river thank God! All we have is a lesson in futility for 5 months of agonizing domestic warfare. I could produce a lot of evidence on her from mour e-mails that she lied to me and also she admitted that I was never cruel to her or treated her bad to two differnt people two months after she filed the charges on me. She was sunk after that. I furnished USCIS all the documentation of my evidence on her. When she goes to her AOS interview she is going to have a big problem that day. Also she will probably be arrested by my Local Govenment for filing a false charge on me for perjury.
The local government will not arrest her for perjury. She filed the claim based on her interpretation of what happened. There is no proof that she intentionally filed a false report. The best thing for you to do is to walk away and forget the whole affair. Move on. Otherwise, you may wind up in a mental hospital.
"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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