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Thread: FOR SAMMY: Dumped by spuse after spouse got green card

  1. #1
    Hi SAMMY,

    I read your responses for other dicussion points and I was very impressed with your knowledge and willingness to share and help. I hope you respond to this message as well with your opinions and insight.

    After my wife joined me in the US, she started pressing absolutely false charges of DV, spousal and child abuse against me. I have a green card and her's was filed. She was able to get a few police reports and kick off some investigations by childrens services, however, I was never ever charged of any crime or mis-doings against anybody. I was exonerated by every agency. I decided to get a divorce and separated. Her GC had not come thru yet. Later on I realised that she is doing this to get VAWA protection and hence her GC.

    After a few months, she reconciled with me expressing a change of heart. I did so, call me STUPID, but I did so for my family and kids. After a few months of reconciliation, she received her GC. After receiving her GC, her hostilities started increasing again and again started falsely accusing me of the same charges, this time to gain sole custody of kids and sending me to jail so that I do not get any visitation whatsoever.

    I filed for divorce again and this time this I mean it. While going thru the motions, I came across people who declared under oath that she reconciled with me so that she could get her green card because she was probably certain that her vawa case would not go anywhere because all her claims had been investigated and proven false. Also, she thought that her GC would be denied if the divorce cae thru before her GC approval. I have very strong and clear testimony under oath from them mentioning that she recconciled for GC.

    I also 200% believe that I was used by my ex for her immigration and goals and then she dumped me.

    I have already been thru custody hearings and inspite of her all allegations of past of DV and child abuse, I got the physical custody of the kids. Hence a judge, even though of a family court saw that she was fabricating charges to further a selfish and untrue agenda.

    I am not sure if the above ruling will have any bearing on INS to evaluate her vested agenda to gain a GC thru marriage which never wanted to stay in.

    I know as a lay man that US Govt does not allow a marriage to be used for immigration goals. If this is true then my case, I believe is the most suitable case in regards to immigration fraud using a marriage.

    THIS IS WHAT I WANT: Do I have any rights to bring my case with all the false charges, the family court rulings and declarations from friends who heard her saying that she was getting back for a GC ONLY etc etc. to have her GC withdrawn , she deported?

    Pls. Advise.

    Thanks.

  2. #2
    Hi SAMMY,

    I read your responses for other dicussion points and I was very impressed with your knowledge and willingness to share and help. I hope you respond to this message as well with your opinions and insight.

    After my wife joined me in the US, she started pressing absolutely false charges of DV, spousal and child abuse against me. I have a green card and her's was filed. She was able to get a few police reports and kick off some investigations by childrens services, however, I was never ever charged of any crime or mis-doings against anybody. I was exonerated by every agency. I decided to get a divorce and separated. Her GC had not come thru yet. Later on I realised that she is doing this to get VAWA protection and hence her GC.

    After a few months, she reconciled with me expressing a change of heart. I did so, call me STUPID, but I did so for my family and kids. After a few months of reconciliation, she received her GC. After receiving her GC, her hostilities started increasing again and again started falsely accusing me of the same charges, this time to gain sole custody of kids and sending me to jail so that I do not get any visitation whatsoever.

    I filed for divorce again and this time this I mean it. While going thru the motions, I came across people who declared under oath that she reconciled with me so that she could get her green card because she was probably certain that her vawa case would not go anywhere because all her claims had been investigated and proven false. Also, she thought that her GC would be denied if the divorce cae thru before her GC approval. I have very strong and clear testimony under oath from them mentioning that she recconciled for GC.

    I also 200% believe that I was used by my ex for her immigration and goals and then she dumped me.

    I have already been thru custody hearings and inspite of her all allegations of past of DV and child abuse, I got the physical custody of the kids. Hence a judge, even though of a family court saw that she was fabricating charges to further a selfish and untrue agenda.

    I am not sure if the above ruling will have any bearing on INS to evaluate her vested agenda to gain a GC thru marriage which never wanted to stay in.

    I know as a lay man that US Govt does not allow a marriage to be used for immigration goals. If this is true then my case, I believe is the most suitable case in regards to immigration fraud using a marriage.

    THIS IS WHAT I WANT: Do I have any rights to bring my case with all the false charges, the family court rulings and declarations from friends who heard her saying that she was getting back for a GC ONLY etc etc. to have her GC withdrawn , she deported?

    Pls. Advise.

    Thanks.

  3. #3
    How did she know that her VAWA case would not fly? Had she already submitted an I360 and received a prima facie determination?
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  4. #4
    Hi Sappyconifer,

    I am not certain that she knew for sure that her vawa wouldn't fly. I am not sure if she ever filed for VAWA. This is my well calculated guess as to why she would go on the lines of DV and child abuse for no reason and I am always getting the feeling that she never ever wanted to stay in this marriage but still survive her GC.

    I also got hints from some aquanitences that she was getting RFE's while we were going thru divorce last last time while her 485 was still pending and that she was nervous that her 485 wouldnt be approved if the divorce came thru.

    As I said, she did confess to a few netural people who can testify that she reconciled only for a GC and not to save a marriage.

    I hope that helps.

  5. #5
    You have a right to report the matter to USCIS. if you feel so inclined. Will it result in her removal? Perhaps. Will it result in her being out of status? Perhaps. When there are children involved, it becomes a complicated matter. Unless you have more than a suspicion, there is another issue to consider. The question is, how will her status or lack thereof impact your children? If you intend to lead a separate life from your wife, that is your choice. The children have a right to elect whether they wish to have contact with their mother, too.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  6. #6
    Member
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    Oct 2003
    Location
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    You might be aware of the fact that 99.99% of aliens (men or women) do almost ANYTHING to get a green card even if it would be based upon lies, manipulation and fabrication. So obviously, it should not be a surprise to you if your wife used you when she reconciled with you for the sake of green card. It could be very much possible that she decided to play a reconciliation game with you until she gets her green card because she probably was told by some attorneys or friends that- [1] there is never a guarantee for the approval of I-360 despite of submitting million of proofs along with this petition; [2] she has no sufficient evidences/proofs to sustain on I-360; [3] it would cost her a lot of money to have a representation on I-360, which she probably did not have at that time; [4] she just did not feel confident about getting approval on I-360.

    I do sympathize with your situation and ordeal, and I do hear this kind of stories almost every day. In my personal opinion, VAWA law is being misused. Govt. should repeal back this law or make it harder by investigating each case VERY carefully; otherwise immigration will remain a joke until then. You might consider writing to every congressperson in Senate and House of Representative about this. Who knows some of them might be able to see how this law is being abused. Out of 50 cases, 46 cases are bogus.

    Anyway since I don't have enough time to talk more, I would like to stick to your specific questions.

    "Do I have any rights to bring my case with all the false charges"

    If she has filed false charges against you, then you can sue her in the civil court for the damages that you faced in defending yourself against those false charges. And, you could also ask for punitive damages as well. You should also write to INS about it in details with point to point so that her green case could be reopened for field investigation. You could include family court's rulings as well to support your statements.

    However, I don't think declarations/affidavits from friends about saying anything against her would carry any weight in supporting your statement about her because it is biased evidence based upon hearsay. You should try to understand that once a green card is approved, INS doesn't reopen the case unless there is sufficient and compelling reason is shown to re-investigate it. Further, INS is fully aware of the fact that once a marriage gets shaky, US citizen spouses always accuse alien-spouses for doing something wrong, especially with immigration. Thus, they don't care this kind of complaint unless enough evidences support it.

    Nevertheless, in my personal opinion, you should write to INS no matter what. And if you want INS to work on your request then you should send the copy of your request to INS Service Center and its Headquarter as well. This way, your local office would think to act properly on your request than throwing it in the garbage.

    Good Luck.

  7. #7
    How long have you been married?
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  8. #8
    Hi Sammy,

    Thanks for your thoughts. Quick clarifications:

    1. When you suggested suing in civil court for legal bills and punitive damages.. are you referring to "defamation suit"? I did some reading on defamation and I concluded that it is very hard to prove defamation and even if you win a monetary judgement, its no where close to your legal bills fighting the defamtion suit. Having said this, I fail to understand, if this is not defamation where a person character assisinates someone which is never proven, can walk scott free without any accountability for false charges?

    2. I agree with you. I will absolutely write to INS about what has happened to me irrespective of the results. It is way too hurtful and dishonest when people use others for their vested interests and then make sure that the people who they used are left to rot forever. Also, it's sad to see people abusing the good hearts and souls of this country who embrace imigration with open arms and then abuse this faith and trust to the maximum.

    3. Looks like you are an attorney. Can you recommened an attorney for such a case to deal with INS.

    Thanks.

  9. #9
    One more Question Sammy or anyone who can address it:

    I know when a USC marries an alien, the GC is temp for 2 years and then gets permamnent after the marriage is proven to be legit and not for immigration benefits.

    Does the above 2 year temp status apply to a spouse of a GC. That is, I am a GC and NOT a USC. Hence is my spouses's GC that she got on my behalf also temp for 2 years?

  10. #10
    Slander, in many states, has a one year Statute of Limitation from date of incident. In order to receive damages, often you have to show some financial loss, beyond that which it cost to defend, as in that the defamation has prevented or prohibitted you from gaining good employment, a raise etc.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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