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

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  • #46
    Originally posted by bgray:
    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. <span class="ev_code_BLUE">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. </span>
    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?

    Surely there must have been evidence to support a decree of divorce based on cruelty. If this is as you say, and no basis for the decision that was made, then an appeal of the decision should have been made. Remember however, no other evidences or information can be brought in to try to overturn the decision made. if you had poor case presented, then you have to live with that,.

    Check the family court guidelines as to who is entitiled to spousal support and the criteria required to receive it. also the $dollar amount guide. If Judge deviates from that policy an explanation must be noted.

    If you feel he renedered an unfair or bias decision, then the evidences should support your theory in an appeal.

    check out alimony and alimony pendite in your state.

    Did he not have a divorce attorney ?

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    • #47
      Originally posted by coptic dentist:
      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 .


      NO nO NO cOPTIC

      You are confusing this immigration related abuse thing. which poster are you addressing anyway?

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      • #48
        Somethings don't make sense. You said immigration arrested her? When? How? Why? And a divorce should only take 2-3 months.

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        • #49
          my case, continued.

          After a friend of my ex's came forward with and told my attorney and the DA that my ex had been planning the whole thing, had asked her friend to lie to the DA, etc. the DA finally dismissed the case. The DA did NOT, however, charge her with anything, which I find ridiculous. She committed perjury, conspired to commit perjury, false reporting, immigration fraud, etc. And the DA's response? They still are not 100% certain that I am innocent.

          This case cost me over $35000 and close to 2 years of my life, and even proof that my ex planned it all is still not enough for the DA to think that she committed a crime.

          If you are in a similar situation, do NOT expect justice. Our system is broken in several ways. The worst being the fact that the ones with the power to fix it and to pursue justice simply do not want to. The rights of actual American citizens are no longer of their concern.

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          • #50
            Why don't you sue her for fraud? (I won $12K; settled for about $7K). If you don't persue justice on your own, no one else will.

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            • #51

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                • #53
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                  • #54
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                    • #55
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                      • #56
                        5

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                        • #57
                          Coptic


                          can i ask what you are doing by your last 5 posts here?

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                          • #58
                            Would you please discuss more detail about your case? Was your divorce/aanulment case over?

                            Thanks.


                            Originally posted by safadinho:
                            my case, continued.

                            After a friend of my ex's came forward with and told my attorney and the DA that my ex had been planning the whole thing, had asked her friend to lie to the DA, etc. the DA finally dismissed the case. The DA did NOT, however, charge her with anything, which I find ridiculous. She committed perjury, conspired to commit perjury, false reporting, immigration fraud, etc. And the DA's response? They still are not 100% certain that I am innocent.

                            This case cost me over $35000 and close to 2 years of my life, and even proof that my ex planned it all is still not enough for the DA to think that she committed a crime.

                            If you are in a similar situation, do NOT expect justice. Our system is broken in several ways. The worst being the fact that the ones with the power to fix it and to pursue justice simply do not want to. The rights of actual American citizens are no longer of their concern.

                            Comment


                            • #59
                              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.
                              This Appears To Happen ALLOT!!! I Am No Lawyer, Nor Am I Judicial. However I Am Victim. From What I Can See You Got Lucky! Stay Away From Her/Her Family/Her Friends! Manipulation and Deceit In some Parts Of the World Can Be EXTREME!!! I Hope you Don't Live In VA!!! Or One of the states that still has 100 year old laws all other states have gotten rid of. It Makes Final Resolution and Repair Impossible!! Unless You Have $$$$$$$$$$$$. MY OPINION!
                              USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

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                              • #60
                                A Coptic clone
                                -----------------------------------------------------------------------------------------------
                                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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