I-360 Domestic Violence, wife is filing to get green card!

[ctbale]

************************************************x

[ctbale]

******************************************x

[ctbale]

************************************

[ctbale]

any lawyer advise?

[sappyconifer]

Originally posted by ctbale:
any lawyer advise?

ctbale,
You are no longer married to this alien. Her immigration process is really of little concern to you at this time. You've reported your suspicion that the marriage was entered into for immigration benefit, and that's all you can do at this time.

Even with a VAWA claim, and despite any DV allegations (which is what they are as I can see, just allegations) she has a responsibility to prove the marriage was bona fide prior to being approved. Does she have such proof?

[Josie Jo]

with mian's lies, this could happen to me.

it is no joke, and i am a woman.

like a BALD Paki is gonna let a woman drag him around by his hairs, as he alledges i did to him, come on!

you have no idea how upset i was to find these lies to my own government about me.

[dmartmar]

http://relationshipweb.com/forums/ikonboard.pl?s=8e6abb...1e;act=ST;f=7;t=6685

[ctbale]

*********************

[sappyconifer]

Originally posted by ctbale:
Thanks for all your replies everybody. As to whether or not the marriage was bonifide, it was legal, but now looking back I dont really know if she was in it emotionally, it was always a cold feeling from her. I think she just wanted to come to usa and see what happened. Maybe she got bored after the honeymoon phase was over. Her new, now old boyfriend called me last night and said he is not paying for her lawyer anymore, dont know if thats true, I have had no info about her sense she was arrested on the 15th. At this point I dont care what happens to her, I just dont see why I have to have a false DV on me just so she can get her Green Card. But I think she is going for the GC and whatever blood money she can get out of me. This is total BS!!!!

Evidence of the bonafides of marriage in terms of a successful petition under VAWA with USCIS would be joint banking statements, names on titles to autos, home, evidence of residence together, name as beneficiairy to life or health insurance policies, jointly-filed tax returns, evidence to demonstrate a co-mingling of finances and social lives....

Does she have any of these evidences?

[ctbale]

***************************xx

[QT]

Living only 9 weeks?? Cheeses and rice... yep, she couldn't hold her horses at all. And yes, I am mostly sure that 99% of women coming to USA to marry, are just looking for a kick start to their dream life they saw in the movies or read in the magazines.

You sure have to file at least the declaration outlining all the facts in regards to your marriage and "abuse" to her. It has to be filed with court to become a part of the file no matter if you dismiss the case or not. You might need it in the future (the copy of the file).

It seems to be very easy to get the initial restraining/protection order, but during the hearing you have to show as many documents you can come up with.

Plus, you really have to think about annullment (which state are you in)? And you can forward the final decree to Vermont (that's where she'd file the I360) or to the next adjudicating office (if her I360 will be approved and she'd have to file for AOS).

Good luck. Such women really give a bad name for other foreigners.

[sappyconifer]

Originally posted by QT:
Living only 9 weeks?? Cheeses and rice... yep, she couldn't hold her horses at all. And yes, I am mostly sure that 99% of women coming to USA to marry, are just looking for a kick start to their dream life they saw in the movies or read in the magazines.

You sure have to file at least the declaration outlining all the facts in regards to your marriage and "abuse" to her. It has to be filed with court to become a part of the file no matter if you dismiss the case or not. You might need it in the future (the copy of the file).

It seems to be very easy to get the initial restraining/protection order, but during the hearing you have to show as many documents you can come up with.

Plus, you really have to think about annullment (which state are you in)? And you can forward the final decree to Vermont (that's where she'd file the I360) or to the next adjudicating office (if her I360 will be approved and she'd have to file for AOS).

Good luck. Such women really give a bad name for other foreigners.

QT, this is a moot point, because if her I360 VAWA claim were approved, any subsequent AOS would have no bearing on the former marriage.

ctbale,

Absent sufficient documentation of the bonafides of marriage, I suspect a successful VAWA claim could be an uphill battle for her, that is, UNLESS she could present evidence that could affirm that the US citizen refused to provide the required evidence or access to shared finances and tax filings.

[QT]

I see your point, sappy, but I insist that subsequent AOS at their local office would be based on approved I360. She would be interviewed and MUST prove her case all over again, including her bona fide marriage and abuse. I360 is just like I130 - it does not guarantee your the AOS, it is just a basis for it. That's why so many BS-ing women don't pass the AOS interview.

[sappyconifer]

Originally posted by QT:
I see your point, sappy, but I insist that subsequent AOS at their local office would be based on approved I360. She would be interviewed and MUST prove her case all over again, including her bona fide marriage and abuse. I360 is just like I130 - it does not guarantee your the AOS, it is just a basis for it. That's why so many BS-ing women don't pass the AOS interview.

While that might be tue, any sliver of doubt as to the bona fide nature of the marriage would surely come up in the I360 adjudication. No?

[QT]

Right. That's the main point to prove while filing I360. You have to prove that you married the person in good faith. If you started cheating in a couple of weeks, that really raises red flags. Often, in their defense, women would say that their husbands lied about the financial situation, physical performance and emotional health.

When they are requested to prove how they contributed to their marriage (brides), they usually fail to do so. Very so often ex-husbands help their brides with VAWA by making public accusations and sending all types of letters to immigration. When the woman states (in her declaration), that her husband threatened to withdraw his affidavit and deport her if she won't cooperate or behave the way he wanted her AND as a proof the VAWA Adjudicator sees that the ex-husband sent a number of very emotional, angry letters to Immigration - here is the proof of the validity of the petition, regardless if there is enough evidence for a bona fide marriage.

Paper trail is all that matters in VAWA adjudication. Truth is - ex-spouses often help their ex's with providing enough evidence to support VAWA petitions. If the hurt husband wants to do something about the situation, rule number one is to have a cool head.