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

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  • #16
    My immigrant wife filed a false domestic violence charge against me in July of last year in order to get the green card by fraud here in Ohio. I was found not guilty of the charge however she was allowed to keep the restraining order on me for a two year period. We have since divorced. I have witnesses to testify that she lied and told them that I was never mean to her or ever tried to hurt her. I also discovered alot of other evidence on her that her marriage to me was really based on fraud. Any help on this. I would like to prosecute her for her deception to me.

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    • #17
      Originally posted by ctbale:
      I met a girl from Thailand; she entered usa in July 2006 on a fiancée visa. We were married in Sept. The first week of November she started seeing another guy. We tried to work it out but Nov 14th she told me she wanted to be with him and she left me. Needless to say I thought I was having a bad dream. My friends and family had met her and I loved her 100%. I knew she had left me for good. When I went to cancel the affidavit of support at the immigration office on November 14th, the lady there said, "I should be expecting a Domestic Violence "charge soon? She said it's very common for that to happen. It is done to get the green card under VAWA. I could not believe my ears, not only was I losing my wife, but now I have to worry about that too? Thru emails we met at courthouse to file dissolution papers on Nov 20. She was alone and never mentioned DV so I didn't. She said she was living with new boyfriend. Almost 3 weeks went by and sure enough, the police showed up at my door on December 12th and handed me an "Order of Protection" because she said I "head butted" her back on October 21st?! On that same day, Dec 12th, she called me crying saying she wanted to come back. That was the first contact I had with her for 3 weeks. I told her I could not talk with her because of the DV thing. And if she wanted to come back she could cancel the DV. Thru emails to me, she said she wanted to fire the lawyer, stay married, and cancel DV. We had a hearing on Dec 15th for the DV. Immigration arrested her and hauled her off in handcuffs before she could cancel DV. That's all I know? Any body have any advice for me?? Thanks for reading my story.
      Unless she has direct proof of either physical and/or emotional abuse, the VAWA may not be granted. Direct proof may be either pokice affadivit, domestic violence report, friends and/or family who witnessed the abuse, etc. Without this type of direct proof, it may be very difficult to prove VAWA. And given the short time when she entered the US on the K1 visa, marriage within 90 days, and left November of the same year, it is possible that the VAWA may be a sham. But without hearing her side of the story, it is hard to determine all the facts of the case.

      She may have also violated the protective order. Although you were served the protection order not to come in contact with her or within 100 feet of her residence, she also cannot contact you via phone or e-mail while the order is enforced. Document all contact she makes and notify the DA office in your area that she is contacting you. This will protect you from violating the order. I also find the reason, "head butted her back" to be very dubious of the charge. Furthermore, VAWA claims are not automatic. USCIS looks at all the facts before granting VAWA claim.
      "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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      • #18
        Originally posted by sappyconifer:
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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? </div></BLOCKQUOTE>
        Sappy,
        Filing divorce papers is not the same as dissolution of marriage, which has to be granted by a district judge. And depending on the state, even when you have both wanting divorce with no protractions, it can take over six months and up to a year. It all depends on the courts docket and how booked the court is. Technically, until the divcrce is finalized, both are still considered married.
        "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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        • #19
          Originally posted by ctbale:
          I can say with certainty that we had none of the above. We only were married and living together for 9 weeks. She started to see other guys, by her own admission, after only 4 weeks, when I was away working. I did put her on my health insurance at work though. But as far as leases, taxes, titles to properties, checking/savings accounts ... nothing. Would the absence of the above documents preclude her from filing an I-360 successfully? If so, and I could demonstrate that, maybe I could convince her "DV crazed" attorney to withdraw the Order of Protection motion/hearing we have on December 29th?? As I stated before, I don't have any contact with her, so there is no need for an order of protection. Thanks so much for any additional advice you could send me.
          She may have an uneithical attorney who would use no hold bars in these types of cases. However, I do not think she will be granted a GC based on the severe lack of time the two of you lived together, the allegation of a bead butt back incident, and now leaving the current boyfriend.

          Sorry this happened to you, but the DV will not be on your record and a good attorney can get the restraining order removed once she is deported or volutarily leaves.
          "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

          Comment


          • #20
            Originally posted by Hudson:
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sappyconifer:
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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? </div></BLOCKQUOTE>
            Sappy,
            Filing divorce papers is not the same as dissolution of marriage, which has to be granted by a district judge. And depending on the state, even when you have both wanting divorce with no protractions, it can take over six months and up to a year. </div></BLOCKQUOTE>

            Hudson,
            Indeed. Good catch!
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

            Comment


            • #21
              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.

              Pleased to meet you all.

              Comment


              • #22
                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..

                Comment


                • #23
                  [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?

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                  • #24
                    *********************************x

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                    • #25
                      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

                      Good luck to you

                      Comment


                      • #26
                        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

                        Comment


                        • #27
                          Originally posted by Hudson:
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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). </div></BLOCKQUOTE>
                          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.

                          Comment


                          • #28
                            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.

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                            • #29
                              ************************************xx

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                              • #30
                                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.

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