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

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  • #31
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    • #32
      Good to hear you came out of your DV hearing on top. So did I.

      Remember, judges know all about these false VAW Act claims made by immigrants and the true reason for them.

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      • #33
        Originally posted by ctbale:
        count 2 is her attorney trying to get the court to enforce her 3rd party beneficiary rights from my affidavit of support she is trying to claim. She has not adjusted status. No AOS I withdrew the Avadavat the day she walked out the door.
        Well my opinion is that count 2 will fall ~ no legal basis. The Affidavit was withdrawn, and not binding, or no longer binding anyway since the adjustment of status application to which it is a requirement has not been filed. I suppose an aggressive attorney could use the argument that submission of the Affidavit, as opposed to adjudication of the application to which is is bound, binds the sponsor to the obligation with the government, but if the government (2nd party) accepts the withdrawal and basically waives its rights to any claim, how can a 3rd party beneficiary enforce? It's a question that could be posed to an immigration attorney, but I suspect it will not be successful.

        If you have any documentation that USCIS provided to confirm the withdrawal of the sponsorship of her AOS application, I'd have it handy to rebut her claim for any support. I'd also speak to your family lawyer about whether this could be considered a spurious legal action. At the very least perhaps some fees could be secured for attempting to impose some obligation upon you who has been expunged of it.
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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        • #34
          ...count 2 is her attorney trying to get the court to enforce her 3rd party beneficiary rights from my affidavit of support she is trying to claim. She has not adjusted status. No AOS I withdrew the Avadavat the day she walked out the door.
          The only benefits she's going to receive from all of this are getting sent back home to be with her family and turning into a much better person overall.

          If you have any documentation that USCIS provided to confirm the withdrawal of the sponsorship of her AOS application, I'd have it handy to rebut her claim for any support.
          I rcv'd one.

          I'd also speak to your family lawyer about whether this could be considered a spurious legal action. At the very least perhaps some fees could be secured for attempting to impose some obligation upon you who has been expunged of it.
          Sue her!

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          • #35
            Doesn't it just make you want to.... hit her?

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            • #36
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              • #37
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                • #38
                  Originally posted by TylerJohn:

                  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.
                  The local government will not arrest her for perjury. She filed the claim based on her interpretation of what happened. There is no proof that she intentionally filed a false report. The best thing for you to do is to walk away and forget the whole affair. Move on. Otherwise, you may wind up in a mental hospital.
                  "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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                  • #39
                    For those interested on subject of "I-360/WAVA by wife" filings.

                    If I come accross case-law posted on internet, will post the links here or other relevant threads.

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                    • #40
                      I too have been scammed for a green card via a VAWA petition, and even though I am innocent. I have a trial coming up and will illustrate my innocence there, but in the mean time, her green card will expire, but she has applied for a VAWA petition and from the sounds of it, will get it. The "wise" people in the Vermont center for VAWA seem to be able to know all in these cases without ever needing proof of any kind, and when asked about fraud within the VAWA program, they deny that fraud exists. I was told that, off the record, they obviously SHOULD know fraud exists, but on the record, they will not admit it because then regulations would have to change and then some people that really do need a VAWA petition would be at risk. I guess it doesn't matter that the way it is right now, it destroys the lives of actual American citizens whose only crime is being male. Complete idiocy, this is.

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                      • #41
                        a trial for domestic violence and order of protection?


                        In any way.. write your congressman to ask for change to invoke new procedures in immigration VAWA evaluations.

                        make sure you send the outcome of the domestic violence accusation to her immigration file. with her a# and appropriate service center with cover letter indicating fraud on her side to try to get green card using vawa.



                        Had to be some merit to charge if you have trial coming up..


                        good luck

                        one cannot enact change if you dont do anything to make change happen. call your congressman

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                        • #42
                          Ok, there was merit, though fabricated. She had help from other girls acting as coaches on how to get a green card. I saw them coming a bit before and filed for divorce before she could really do a good job. She was forced to go to the police too early and didn't get a chance to plan everything out as well as she and they should have. Since then, they've changed their story and committed perjury, manufactured evidence, etc. of which, I can prove. The DA has a no drop policy on these cases, even though they admit there is no physical evidence. Even the restraining order judge siad he thought it was strange that even though I am 6'5" 250 lbs, and she said I beat her repeatedly, that there was never a mark on her. No ER reports, no pictures, NOTHING. I will win the DV case and already have been in contact with USCIS/ICE, and one state rep and a senator, and a few others. The DA/Police have tried to intimidate me into taking a plea, and I simply refuse.

                          There are ways to fight back, though we are obviously still at a big disadvantage. After my case is over, I will try and help others in the same situation, on a personal level and via the media, if possible. It's outrageous how this happens, and how the DA, local police, even the VAWA center of USCIS know it's fraud, yet they allow it, and actually assist in the process.

                          These girls learn about this stuff well before even meeting their ****er US citizen husband. I was in love with this girl, and am paying dearly for believing she loved me. Luckily, I have good and smart friends that tipped me off before it was really too late.

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                          • #43
                            I think it's just a matter of who they like. In my case the cit husband went to Ukraine, met woman thru agency, brought her to US, married 2 months later. Almost immediately things went sour. She suddenly didn't want children, complained about everything, had additional prior marriage she didn't mention to agency or immigration, had US rels she said nothing about, generally not hones and just wanted green card for self and child she brough with her. Cit was difficult, not very understanding,but not abuser in any way, no history of any trouble with police or any violence. After 2 months of bickering, she called police, alleged abuse, was taken to dv shelter. At trial both alleged cruelty, wife,s legal aid lawyer used i-134 - no i-864 was ever filed - to show that cit husband had to support her for 3 years. Judge who simply liked non-cit wife better and din't want her to have to go back to Ukraine or be a public charge, granted her the divorce on cruely, PLUS 3 years of support at $700/month. Wife is now self-petitioning alleging extreme abuse. Cit now wants to appeal judge's decision based on fact that I-134 is not enforceable contract between cit and non-cit spouse.

                            But what is his obligation? This was a 2 month marriage. He supported a child who was not even his. She has no proof of violence, just her own unconvincing testimony,and he only filed i-134.
                            What actusally is supposed to havppen to non-cit in this situation?

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                            • #44
                              I agree 2 months is not long at all. In my State, my ex could have had an annulment on the grounds of what you have stated, if you could have proved it.

                              I am not sure but from what I have learned so far, I think you can only deal with the I134 in the Federal courts, and appeal that way?

                              The I-134 does not have the same wording as the I-864, where that contract is binding between Sponsor/Alien and Sponsor/Government. I-134 does not say that, from what I have read.

                              What has the USCIS said about that case? Did they get involved at all, considering the length of time?

                              Saying all that, I was only in the country for 2 months (but was married 2 yrs already) when I went to a shelter and immigration attorneys told me to go through the VAWA route and I would have had no problems, and they told me my husband would be liable for some years too.

                              It is worrying if it is easy for any person claiming that after a short while and then USC having to be responsible for that length of time, if there was not some sort of investigation.
                              -----------------------------------------------------------------------------------------------
                              God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                              National Domestic Violence Hotline:
                              1.800.799.SAFE (7233) 1.800.787.

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                              • #45
                                i want to inform you , if your wife was arrested by immigration . she will not able to apply for I-360.
                                but she able to apply for VAWA cancellation of removal.
                                -if you went to USCIS and withdrew the affidavit , it will be a kind of abuse called immigration related abuse because you control over her .

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