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Immigration and The Violence Against Women Act

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  • Immigration and The Violence Against Women Act

    I have been marriedd to my wife, since jul 2004. She is an immigrant from Austrialia. Recently I have caught her cheating. During the marriage there have not been any instances of violence either physically or verbally to her. She was treated very well,cared for and sponsered by me. Apparently from what I am finding out that she has been engaged in the affair for some time, and when she knew that I knew of outside relationship she did some investigation as to her options to stay in this country, since her status is conditional, her only option was the VAWA Act. So on the last night of our relationship together Sept 6, she was acting strangly when she came from work, laying on the couch pretending to be asleep, I tried to wake her by shaking her, to talk to her as to what our next moves where going to be, because I had planned to move out the next day. She translated the shaking her into touching her violently, and had me arrested for domestic violence. Everything that happen that night was exagerated into something more than what it was. Could this enough to classify for the VAWA act. What should I do from here, HELP

  • #2
    I have been marriedd to my wife, since jul 2004. She is an immigrant from Austrialia. Recently I have caught her cheating. During the marriage there have not been any instances of violence either physically or verbally to her. She was treated very well,cared for and sponsered by me. Apparently from what I am finding out that she has been engaged in the affair for some time, and when she knew that I knew of outside relationship she did some investigation as to her options to stay in this country, since her status is conditional, her only option was the VAWA Act. So on the last night of our relationship together Sept 6, she was acting strangly when she came from work, laying on the couch pretending to be asleep, I tried to wake her by shaking her, to talk to her as to what our next moves where going to be, because I had planned to move out the next day. She translated the shaking her into touching her violently, and had me arrested for domestic violence. Everything that happen that night was exagerated into something more than what it was. Could this enough to classify for the VAWA act. What should I do from here, HELP

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    • #3
      Yes it can be considered "violence against women". She planned it. You must immediately see an attorney and file for an annulment based on immigration fraud. If you are not in an attorney's office at 9 AM tomorrow morning and begin the annullment process, then you will have yourself to blame. VAWA is a trick to get a green card and all your assets. You better move very very fast. Good luck.

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      • #4
        VAWA is not her only option by the way; but you need to focus only on getting an annullment immediately and moving out immediately. Take her off all your records and destroy all evidences of your marriage and make sure you have the marriage certificate and her A number. Try to destroy all of her docuuments.

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        • #5
          I have already file for divorce, and have filed a withdrawal of application/petetion for I-485, for adultery, and she had already removed all of her immigration documents when she left. Do I need to talk to my divorce lawyer about the marriage fraud issue??. or is that the expertise of another type of lawyer????

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          • #6
            You should consult with an immigration lawyer as well in conjunction with your divorce lawyer; have them work together; I strongly urge you to withdraw the divorce and file for annulment based on fraud and do it a.s.a.p.

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            • #7
              What is the difference between, divorce and annulment????. Can my divorce lawyer execute and anullment in this matter????

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              • #8
                Unvalid email address, please email Havegunwilshot@aol.com for more options

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                • #9
                  If I got an annulment based on Marriage fraud, couldnt my wife be prosecuted by the immigration authorities, for marriage fraud???,and would I be also suspected of knowingly marriage her to commit marriage fraud???

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                  • #10
                    One would have to prove fraud however, and I honestly can't see that. Yes she cheated, yes she 'may' have planned this, or the OP did in fact abuse her, who really knows. But did she enter the marriage in good faith. Most likely. This smells nothing like immigration fraud. Maybe commit her lol as no Australian in their right mind comes to the US just for the GC. You guys are amazing.

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                    • #11
                      Just a thought, how else can you explain her behaviour, what other motivation exist here?????

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                      • #12
                        Other than the fact that she needed to get away free and clear with no immigration issues hanging.

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                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by BOBBY61*:
                          Just a thought, how else can you explain her behaviour, what other motivation exist here????? </div></BLOCKQUOTE>
                          She fell in love with someone else. It happens Bobby. Yes it ****s badly if she is using VAWA as that is not the acts intention. I really do feel for you if this is the case. She can lift conditions herself if the marriage was entered into in good faith. She doesn't need VAWA so any advice she may of gotten in this area is incorrect. Hence why it is always important to seek legal advice on these matters and not rely on the internet and discussion groups especially with something that can have disastrous effects. Frankly, I'm suggesting the same to you. See if this can't be worked out amicably, despite whats already happened. Its going to save both of you a lot of grief in the long run. Good luck with it all.

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                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by BOBBY61*:
                            I have been marriedd to my wife, since jul 2004. She is an immigrant from Austrialia. Recently I have caught her cheating. During the marriage there have not been any instances of violence either physically or verbally to her. She was treated very well,cared for and sponsered by me. Apparently from what I am finding out that she has been engaged in the affair for some time, and when she knew that I knew of outside relationship she did some investigation as to her options to stay in this country, since her status is conditional, her only option was the VAWA Act. So on the last night of our relationship together Sept 6, she was acting strangly when she came from work, laying on the couch pretending to be asleep, I tried to wake her by shaking her, to talk to her as to what our next moves where going to be, because I had planned to move out the next day. She translated the shaking her into touching her violently, and had me arrested for domestic violence. Everything that happen that night was exagerated into something more than what it was. Could this enough to classify for the VAWA act. What should I do from here, HELP </div></BLOCKQUOTE>

                            I don't see anything in your post that would indicate that the alien married solely for immigration benefit either. That said, attempting to use the provisions under VAWA when the alien has clearly defined privileges under the INA to remove conditions without the assistance or cooperation of the US citizen, suggests to me that either she is being inproperly advised, or she senses she has little in the way of bona fides to accompany a waiver application. If she had comprehensive evidence of a genuine marriage, to resort to a claim under the battered spouse provisions would make no sense.

                            What in the way of evidence could she provide?
                            In terms of VAWA, were you convicted of the DV charge? If not, I would suspect she'd need more to prevail as a battered alien, or at least, the filing procedures for an I-360 indicate that an alien should have doctors/counsellor's reports with a finding of some sort of abuse, be it mental or physical. That said, if so motivated, I suppose almost anything else beyond those reports from professionals could be fabricated.
                            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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                            • #15
                              Hey Bobby whats the update with this fraudster ???
                              Ignore the "pro fraud" comments here. She committed fraud and don't let these fraud supporters make you doubt that.

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