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  • newyorkr
    replied
    why is my immigration lawyer not giving me a copy of my documents that we had submitted at USCIS.

    Leave a comment:


  • Brit4064
    replied
    If it's anything like you divorce case, it will be decades before anything would happen

    Leave a comment:


  • Sprint_girl07
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Brit4064:
    No surprise Sprintie, the USCIS doesn't do anything quickly! </div></BLOCKQUOTE>

    I'd hate to see their filing system lol

    Leave a comment:


  • Brit4064
    replied
    No surprise Sprintie, the USCIS doesn't do anything quickly!

    Leave a comment:


  • Sprint_girl07
    replied
    Hi again newyokr,

    I am afraid to tell you that obtaining the documents from USCIS is going to be a long wait.

    When I first asked for copies of my documents over a year ago, I was told it would be 16 months before I got them. They explained that unless you are in front of an immigration court, you would be put in line which at the time was a long line before they got around your case.
    I didn't bother as I needed them immediately. However had I known my divorce would be so long, I would have requested them back then.

    I asked again some months ago and this time around they told me it will be at least 12 months.

    I am not sure if they are any quicker now but please be aware that it's highly unlikely that you will get copies of your documents that quick. They don't consider a divorce as important than immigration court cases.

    Request them anyway, even if you can't get them soon, it is best to have them if you need them for the future.

    You can email them to get a rough idea of the time frame if you like.
    They answer back quite quickly which is amazing lol

    Good Luck

    Leave a comment:


  • newyorkr
    replied
    Hi- Thank You , We both filed joint in our W2 I did have an immigration lawyer but She wont give me the copies of the I-864 and other documents.. She said no matter what youre doing dont use the I-864. The reason I would just get it from USCIs.. I will USCIS today on how to get the freedom report..Thank You so much for info.
    The rental was claimed on our W2 , but it was transferred to his x name by now.. after he paid it off, Yes my lawyer who is doing the PO and B&E are looking into it. deed search.
    I will need another lawyer here in NY for the spousal support. I am so drained and so upset with all these. My mistake was I filed spousal support here, We both have been summoned by the end of this mo. I dont know if he will come to court. Jurisdiction , but gain I have nothing there, He filed a PO against me had me arrested for B&E the eve of my court appearance.. You know. I cannot keep going down there.
    Thanks again

    Leave a comment:


  • Hudson
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by newyorkr:
    Yes He paid it the same month he took the $. I know his mortgage co.My lawyer is doing a paper trail
    I hope the DA will nail him down for the assault. he says hell say I falsely accused him.

    Then a wk later we will have the spousal support thats why I want to base it on my I-864 ..I just had my first credit card. Payments where debited form our joint bank acct but he closed it.. Now im delayed plus checks were returned because he closed it. I dont want to mess my credit.. </div></BLOCKQUOTE>
    Newyorker,
    Did the two of you file jointly on your last tax return? If so, you may be able to obtain some information of his W-2's and other information and use it as secondary evidence in the spousal support. YOur lawyer will need to explain the immigration process and that the I-864 is necessary. Furthermore, file a Freedom of Information Request to USCIS on the file. This is free, except for the lawyer fees, and there may be a chance. You can specifically request the I-864. What I am worried about is what your husband would do. If he thinks he could get away with it, he may have another I-864 showing not that much income or assets. thus indicating he has no means of financial support of you. Or he could refuse to provide the I-864.

    However, My hunch is he will say "I am broke" and "I have no job" and "You have more assets than I." What i am worried about are those rental properties. Legally, he could exclude the rental income if the title of the property is under an LLC name, not his name. YOur lawyer will need to do a deed search using your husband's name and the property that you know about. All you need is the physical address.

    Leave a comment:


  • 4now
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by swissnut:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
    One more thing, you came on a fiancee visa, so you cannot remarry another usc without first returning to your homeland. It is important for you to get your 10yrs card. </div></BLOCKQUOTE>

    I don't believe this is true, but I do agree that it is important that she get conditions removed from her green card. The terms of the K-1 visa were satisfied when she married the petitioner and filed the initial adjustment of status application, which was approved with "conditions". </div></BLOCKQUOTE>



    "The law provides only three options to one whose most recent admission into the U.S. was granted in K-1 status: adjust status based on marriage to the K-1 petitioner, file a legitimate application for asylum, or leave the country. People in K-1 status who either do not marry the K-1 petitioner or do not adjust status based on that marriage (and who have no legitimate asylum claim) should retain an immigration attorney to analyze their case and recommend how to handle their departure (or how to make the best of the situation in the event that the foreign national decides to remain in the U.S. in violation of law)."


    <span class="ev_code_RED">Well you could be right Swissy.. My interpretation was that one had to have a permanent card in order to overcome this hurdle. I will check it out, as I dont want to misinform anyone. </span>

    Leave a comment:


  • Hudson
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Let me make this perfectly clear. Having access means being able to withdraw, transfer, spend, fold, spindle, or mutilate money. The only time I can see for not granting joint access is to protect it from third parties, like the IRS. </div></BLOCKQUOTE>
    I understand what you are saying Davdah, but that is not what I was stating at all. Again, one can have a name placed on the bank account but still do not have access. The reason: one spouse control the spending, the deposits, the account, etc without sharing the information with the other spouse. Anf from another point of view, one can have access even though the name is not on the account. It is called "power of attorney" or similar legal documents. And again, just because your wife's name is on the account does not exactly mean she has access.

    However, trust does not necessarily reflect whether one has a joint bank account or not. It may be convenient, but other factors can persit, not necessarily the IRS or the Franchise Tax Board.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Exactly! No need since no trust issue. "And the two shall become one." I don't remember seeing any disclaimers with that statement. But again I ask. If you had a million dollar check handed to you. Would you be tempted? </div></BLOCKQUOTE>
    To be most emphatic, no I will not be tempted, even a little nor would the thought come to mind. What we would do is 10$ is tithed while the remaining is split up accordingly with some going as gifts to family member and some close friends. Some would pay off any debt that either of us owe and the remaining amount would be invested wisely and diversely. But at the same time, I do not go looking for the million dollar check either. If it happens, it happens.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Hudson, no support order is going to define where those funds may come from. That would be foolish to agree to any such restriction. </div></BLOCKQUOTE>
    Actually, QDRO's do this Davdah. and any back money owed only comes from assets owned or has an interest in from the person responsible. That is why it is important, in some cases, to have seperate assets rather than joint.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">In so far as the 50K amount. Its not that much compared to other thefts. And unless the local PD doesn't have a lot to do don't expect results for many months. And, more than likely, it will be put on hold until the divorce is final. The police will look at it from the perspective that if there is no loss, there is no case. The most probable outcome is a judgment for the amount taken, maybe. And his X getting in trouble, not much of a chance. If the transfer was done on Newyorkers computer the X won't be liable. And surely no one is going to admit to that anyhow, even if true. Where he got the money from isn't her obligation to know. You would have to prove conspiracy, very difficult. </div></BLOCKQUOTE>
    Just because it is 50k does mot make it immpossible nor is the fact that if the stolen moeny was 500k, based on the same facts, it would be more possible. Police build their cases, not on dollar amounts, but on actual evidence to the crime. And even though resources are limited, it is not that limited either. It just depends on those nasty facts and circumstances you just ignore every time while going with the blatantly obvious.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">To imply this was a scheme cooked up from the beginning is too far fetched. Maybe for 500k or more, plausible. But not for 50k. Too small an amount. </div></BLOCKQUOTE>
    I never said from the beginning Davdah. The monemt she knows that the money was obtained suspiciously is the moment she becomes the suspect. It could be two weeks after the event occurs or it could be one week prior. And a conversation is all it takes.

    Given the fact that he suddenly paid it off, it would depend on what the husband told her. And I don't think the "I just made a great deal" is not going to work either. But the detectives would need a smudge of evidence to place pressure on her. Undoubtedly, she has been or will be interviewed by the police. If she is hesitant, uncooperative, or unwilling, she then becomes a suspect. All I did was just suggested it as a tactic for the police to use, nothing else.

    Leave a comment:


  • swissnut
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
    One more thing, you came on a fiancee visa, so you cannot remarry another usc without first returning to your homeland. It is important for you to get your 10yrs card. </div></BLOCKQUOTE>

    I don't believe this is true, but I do agree that it is important that she get conditions removed from her green card. The terms of the K-1 visa were satisfied when she married the petitioner and filed the initial adjustment of status application, which was approved with "conditions".

    Leave a comment:


  • newyorkr
    replied
    Yes He paid it the same month he took the $. I know his mortgage co.My lawyer is doing a paper trail
    I hope the DA will nail him down for the assault. he says hell say I falsely accused him.

    Then a wk later we will have the spousal support thats why I want to base it on my I-864 ..I just had my first credit card. Payments where debited form our joint bank acct but he closed it.. Now im delayed plus checks were returned because he closed it. I dont want to mess my credit..

    Leave a comment:


  • newyorkr
    replied
    She signed an affidavit or whatever you call that, they were separated for a yr .. and just want out of the marriage.. That I found out coz I asked him about .. how he did it... she made an afidavit ...
    I know he used me and had a plan he was in my country and he saw what my parents and what I had ,,, I know for you 50k is nothing for us its my inheretance..plus he could have gotten more .. but he assaulted me and Po against me . Easy to sell property back home we dont have to gop to real estate your own family relatives wiol buy it.. We dont want our lands to go to any stranger.. especially we are close knot family

    Leave a comment:


  • SonofMichael
    replied
    Some grass hut in Southeast Asia is worth $50K? LOL !!! What a scam artist. Who are you trying to kid? You never had $50K in your life. We are quite experienced with dealing with scam artists here.

    Leave a comment:


  • newyorkr
    replied
    Thank You for all the replies , advices, ideas, I am so glad I saw this site. I will keep you all posted nxt week will be my court hearings for the assault and the PO he got one for me. Btw have I mentioned he called the sheriff on me for breaking and Entering.. Last July I went to his apt he planned to meet me there that day .. I called him on the way and he said he was on the way.. wait for me.. just come like 10 to 20 mins later the sherriff came and escorted me to leave the property.. I was in shock and that was trhe beginning of my doubts , everything went crashing down.. But because I was stupid, and loved him so much I let it go,,, My neighbors keep telling me hes no good,, His reason for doing that was his ex was on her way to that apt he didnt know she was going there too,, So he had to call the sheriff so I will leave duh!!

    I was not arrested but he I gity the police report and says case close no damge nothing was stolen etc... But the day before I would meet him at the court last 2 weeks ago for PO he had me arrested the sheriff came to the house and told me i have a warrant for your arrest for B&E .. again its the state against me.. He had me in 10K bail at 8pm .. I was able to make bail and was able to be in court at 8:30 that day
    I was thinking he wanted me to be in jail and not make my court appearance and he gets the PO do you think?
    Ill keep u all guys posted

    Thanks

    Leave a comment:


  • Hudson
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    It may be common that people keep separate accounts. It is with the same commonality that people get divorced. The point being that when you maintain separate anything it drives a wedge into the relationship. Before you spout off and point fingers. My wife has access to most of the accounts. The level of trust exceeds 7 figures. </div></BLOCKQUOTE>
    Again Davdah, you missed the point. Whether a couple have separate bank accounts are not is not indicative to divorce or trust. Legal factors as well as personal factors have a lot to do with if separate bank accounts are maintained. I know of a couple married for 25 years who have separate bank accounts. Even in your own statement, some bank accounts are maintained with only one spouse having access.

    As far as figures go, just because she may have access to the bank account, she may not be privy or direct access to the account (And no I am not talking about POD or similar arrangements either). Again, your statement is for form than substance.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> The issue with taking it and then having to say I'll pay it back doesn't sound like much of a marriage to begin with. Hudson, if your wife took an extra 20.00 would you demand she pay it back? I wonder how you would perform as a lab rat. Lets stick a couple mil in your account and give you the option of either letting your wife have complete access or keeping it all a secret. Which way would you go? </div></BLOCKQUOTE>
    Well, duh Davdah, but I was not the one who stated, <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Well, can you blame the husband for not wanting to share anymore either? </div></BLOCKQUOTE>

    Again, if my wife took money out of my account, I would want an explanation. However, since she is of a character that will not do any sort of thing (not to mention myself), having separate or joint accounts is rather a moot point. Right?

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> The story is missing a lot of details. For one. She was living in NY and he is in NC prior to meeting. How long was the courtship? How long until the money disappeared? When was the house listed? When did it sell? </div></BLOCKQUOTE>
    Knowing how long the courtship really does not indicated anything Davdah. I knew a couple courted 10 years. However, the spouse was a major embezzler while leaving $130k in back taxes from business returns (Single member S Corp) did not do much good for the other spouse. You see, they filed a joint return. The good news is that the "innocent spouse" finally won her case in U.S. Tax court and is now free of 90% of the IRS debt )the part that she legally owed). And I know a couple who date and married in 6 weeks and they are still happily married. They also happen to be the same couple who have separate bank accounts that I told you about. Again, facts and circumstances play an important part here and the question about how long the courtship really does not indicate one's perspective or influence over the other person.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Does it stand to reason that a person is going to marry someone prior to the house being sold in another country with the hopes of getting access to that money in the future? With no guarantee it will be sold. Or for that matter even being put on the market to begin with? </div></BLOCKQUOTE>
    Again, you really have no clue. What she did is very common if she intended to leave in the U.S. as an immigrant spouse. In many cases, immigration attorneys and USCIS will encourage immigrant spouses to cut off ties that could indicate a non intent to immigrate. I know several dozen spouses, some female and some male, who have sold, transferred, or exchanged a foreign asset wit ha U.S. asset to prove immigration intent (and we are not talking about business or income producing property).

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> A bit far fetched. Especially for such a small amount. 50K isn't enough to concoct such an elaborate scheme with a potential time line of years to accomplish. </div></BLOCKQUOTE>
    Not really Davdah. It is quite common. In most cases, the money cannot be recoveed. If she wins the divorce under her terms, a lien will be placed on the property. What some individuals try to do is cash in on the equity before the lien could be placed. I have seen it done even with delapadated homes or smaller bank accounts.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Concerning the theft, if it is. The bank is probably off the hook. They won't return it since the log in and so forth was done correctly. Assuming he had the password. Even if the police find spyware on your box it doesn't guarantee anything. More than likely no charges will be filed since the defense will be you gave him the password, it was on the community home computer, and the transfer was legit. It could be said the plan was to pay off his other obligation quickly to avoid additional interest charges. Both sides could be argued with equal credibility. </div></BLOCKQUOTE>
    As I stated, the bank is more likely an innocent by standard if proper disclosure laws were followed. However, spy ware can indicate how the perpetrator used the information, not to mention, the IP address. In the transfer monetary reports, the detectives can locate the exact time and place where the transfer took place. If the OP is at a different place where the transfer took place, we would eliminate the OP having any knowledge or committed the transaction.

    However, even if we used your precept to pay off interest charges, the questions would be, why did you not get a loan or sell one of the other properties that has equity. In other words, it still does not answer the question why the husband took the type of actions, ie not telling the wife, not being upfront and honest from the very beginning, etc. Again, your stipulation would cause even more questions to be answered.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">This will probably be settled in the divorce proceedings. Even then, the same argument can be used saying it was used to reduce current interest payments. </div></BLOCKQUOTE>
    It depends, Divorce would settle the equity. Criminal court would settle whether a crime took place. Either court could influence the other in the decision process.

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