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Duped into marriage for visa...

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  • #16
    Well..... I found another e-mail from a "friend" where she mentions to him she is here alone, working and hoping she can travel back and forth to buy things here and sell over there.....
    She claims she didnt type any of that and that it could have been me that contacted this person through her email address...
    I also found out that somehow she went out and renewed her biometrics and work permit and today she renewed her alcohol license to keep working. I never even saw one letter in the mail. We got married in Florida, but we've lived in Georgia now for about 2 years... What would be the best way to divorce her so as to really blindside her and leave her without my support for her papers? Do I file for divorce in Florida? What can happen if I file for divorce as far as her papers? I hear Georgia is a no fault divorce state, whatever that means... This has turned very personal now with the way she's been treating me and the things she's doing behind my back...

    Comment


    • #17
      She will claim abuse regardless of what you do. I am beginning to doubt you or am wondering if you lack some basic intelligence. We have told you what to do and you still have done nothing. So stop asking for advice and then ignoring it. The longer you delay and stall, the worse it will get. What do you not understand about this? Why are you asking us questions that you should be asking your lawyer? Why are you giving her the opportunity to see what you are thinking on this board? You should delete everything you haave written immediately after you have seen the lawyer and that should have been a long time ago. See a lawyer and file for divorce. Do not discuss it anymore with the woman; who is probably reading your messages and planning appropriately. Discuss it ONLY with your lawyer. We can't make this any clearer.

      Comment


      • #18
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
        Did you read up on vawa? She can file for that even while still married and in the same house as you. You'll never know.

        If you live in Georgia that is where you file. Won't be able to do it stealth mode. She has to be served. Which you should do after you dissapear.

        If you divorce her she can self petition based on either good faith marriage or vawa. The self petition can be done once the divorce is final. Vawa can be done anytime.

        That is what she will do. She is already schooled on the system and there isn't much you can do except cover your a$$. Leave now while you still can.

        The singing is terrible but this is
        your song. </div></BLOCKQUOTE>
        I do not think she will file for VAWA if what he says, she is a prostitute, is true. She would not be able to prove reasonably that he abused her either emotionally or physically. The only way, and I mean the only way, would be for her to state he forced her into prostitution and she would need some evidence (affidavits would not work in this case).

        I do not think he was duped into marriage b/c he knew full well of her infidelities before the marriage, again if its true, We are not talking about the scenario, "all of a suddden I discover this" routine. Even thogh he might have thought at the time she has changed, or promiesed to change, the past will haunt him never fully trusting what she says is true.

        She might have a medical addition, in this case, an addiction to s.ex. If so, she does have alternatives which she must chose. He must chose to stand by her if she makes the choice. But she has to take the first step in this case because of the situation.

        I do think it is an irrational fear that she will file a VAWA claim, nevertheless, it is a remote possibility thought, very remote.

        What he has to be concerned about legally is not divorce, but whether he can be implicated, throgh use of property part or in whole, in his name if prostitution is indicated. States can hold him equally responsible or as an accessory. He really needs legal advice on this case since it involves both a possible criminal defense, divorce, and immigration. And even if she does not file VAWA and she is here overstaying on her status, he will still be responsible for her until the tenn year period, she obtains citizenship, or has 40q in earnings.
        "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


        • #19
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Cagado:
          Well..... I found another e-mail from a "friend" where she mentions to him she is here alone, working and hoping she can travel back and forth to buy things here and sell over there.....
          She claims she didnt type any of that and that it could have been me that contacted this person through her email address...
          I also found out that somehow she went out and renewed her biometrics and work permit and today she renewed her alcohol license to keep working. I never even saw one letter in the mail. We got married in Florida, but we've lived in Georgia now for about 2 years... What would be the best way to divorce her so as to really blindside her and leave her without my support for her papers? Do I file for divorce in Florida? What can happen if I file for divorce as far as her papers? I hear Georgia is a no fault divorce state, whatever that means... This has turned very personal now with the way she's been treating me and the things she's doing behind my back... </div></BLOCKQUOTE>
          First, I think you need a divorce attorney to discuss the relevant issues. Again, you knew full well of her indiscretions before you married her. You will not be able to claim total innocence on this because you knew of her past indiscretions. If she has cheated on you while you are married, then that is a different matter altogether. And if she has, then you can file a divorce based on adultery.

          You also need to be careful about the e-mail. The question is whether it came from her e-mail and a mutual computer or a different one. The other issue is you have no trust in her and I imagine she has the same lack of trust in you, or maybe to some degree.
          "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
            Hi Cagado,

            Sorry to hear about your difficulties, it seems to be turning from bad to worse. Based on what the senior members here have said, do contact a lawyer immediately and good luck.
            Do all the good you can, in all the ways you can, as long as ever you can.

            --John Wesley

            Comment


            • #21
              For any VAWA claim, she'd have to demonstrate a bonafide marriage. If he has placed his concern in writing and with USCIS, that he firmly believes that she duped him into marriage to come to the USA, that would place her testimony as to the bonfide nature of her intentions in question.

              I agree that he should formally withdraw his endorsement of her immigration and withdraw the initial petition (I-130) and any accompanying Affidavit he submitted at once and then proceed with the divorce. What becomes of her immigration case thereafter is her concern.

              After doing so, if he really doesn't care whether she remains in the USA or not, the potential for a VAWA claim doesn't matter. If she's successful, it would not require his endorsement or Affidavit of Support.

              Comment


              • #22
                Don't be under any illusion that VAWA will be rejected. VAWA Route is an ultimate guarantee to US Citizenship.

                There are some posters on this board who will ask you not to believe me or give you false hopes. Brother, none of them have gone through that VAWA - Vicious Atrocities of Womens Act. I am speaking from experience. You won't be able to do anything nada, nothing. If she was a prostitute, she was in her home country, not in USA.

                The filthy USCIS will only take into account her acts on this land. Even if she were to be a terrorist, she is forgiven because she is under so called ABUSE.

                I am not trying to force my opinion on you, you are mature and you have a right to take anyone's advice here. Just google VAWA, VAWA Fraud, Immigration FRAUD and you shall see.

                God Bless You.
                I am not racist. I am not anti-immigrant. I am AGAINST CRIMINALS, FRAUDSTERS, WHO DISOBEY THE LAW, BREAK THE LAW AND PERPETRATE THE FRAUD.

                You may not like what I have to say but that does not mean I am wrong.

                Comment


                • #23
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by swissnut:
                  For any VAWA claim, she'd have to demonstrate a bonafide marriage. If he has placed his concern in writing and with USCIS, that he firmly believes that she duped him into marriage to come to the USA, that would place her testimony as to the bonfide nature of her intentions in question.

                  I agree that he should formally withdraw his endorsement of her immigration and withdraw the initial petition (I-130) and any accompanying Affidavit he submitted at once and then proceed with the divorce. What becomes of her immigration case thereafter is her concern.

                  After doing so, if he really doesn't care whether she remains in the USA or not, the potential for a VAWA claim doesn't matter. If she's successful, it would not require his endorsement or Affidavit of Support. </div></BLOCKQUOTE>
                  The problem of withdrawing the affidavit of support is that it cannot be withdrawn unless fraud is indicated. If not, then no withdrawal would be supported by USCIS. Hence why the OP is here and asking questions.
                  "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


                  • #24
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
                    I'm not going to question which head did the thinking for this guy when he signed the papers. The history tells all.

                    I still think vawa is an option for her. Not so much because its true but its not benieth her character to use it. A ho can be trusted, ehh?

                    The other possibility is she may come back and tell him to cooperate or else. The argument being he knew all along what she was and so forth and he will get into trouble if he tries to stop her. Not a chance in hell.

                    The only option is see a lawyer and head for the hills. You got your action. Now you see the light. Get out while you still can. </div></BLOCKQUOTE>
                    Davdah,
                    The question why he married her knowing full well what she did before they got married has to be addressed in the divorce AND immigration. The more I read the OP posts, the more I am convinced this is a simple case of possible at fault, adultery/infidelity, divorce case. Thus, it is not so much a question of what she did before, but what she is doing now during the marriage. I still do not see fraud in any way, shape, or form. I do see infidelity and that is all. Nor will he be able to cherry pic the facts of this case. He will not be able to withdraw the affidavit of support, but he more than likely, get a fault divorce and that is all.
                    "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


                    • #25
                      Didn't suggest he withdraw the Affidavit of Support, I suggested he withdraw his endorsement of the I-130 petition. If that is honoured any and all accompanying documents would no longer be required.<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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 swissnut:
                      For any VAWA claim, she'd have to demonstrate a bonafide marriage. If he has placed his concern in writing and with USCIS, that he firmly believes that she duped him into marriage to come to the USA, that would place her testimony as to the bonfide nature of her intentions in question.

                      I agree that he should formally withdraw his endorsement of her immigration and withdraw the initial petition (I-130) and any accompanying Affidavit he submitted at once and then proceed with the divorce. What becomes of her immigration case thereafter is her concern.

                      After doing so, if he really doesn't care whether she remains in the USA or not, the potential for a VAWA claim doesn't matter. If she's successful, it would not require his endorsement or Affidavit of Support. </div></BLOCKQUOTE>
                      The problem of withdrawing the affidavit of support is that it cannot be withdrawn unless fraud is indicated. If not, then no withdrawal would be supported by USCIS. Hence why the OP is here and asking questions. </div></BLOCKQUOTE>

                      Comment


                      • #26
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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 swissnut:
                        For any VAWA claim, she'd have to demonstrate a bonafide marriage. If he has placed his concern in writing and with USCIS, that he firmly believes that she duped him into marriage to come to the USA, that would place her testimony as to the bonfide nature of her intentions in question.

                        I agree that he should formally withdraw his endorsement of her immigration and withdraw the initial petition (I-130) and any accompanying Affidavit he submitted at once and then proceed with the divorce. What becomes of her immigration case thereafter is her concern.

                        After doing so, if he really doesn't care whether she remains in the USA or not, the potential for a VAWA claim doesn't matter. If she's successful, it would not require his endorsement or Affidavit of Support. </div></BLOCKQUOTE>
                        The problem of withdrawing the affidavit of support is that it cannot be withdrawn unless fraud is indicated. If not, then no withdrawal would be supported by USCIS. Hence why the OP is here and asking questions. </div></BLOCKQUOTE>

                        Swiss is in agreement with my advice to the poster to withdraw the petitions.

                        Hudson, What you have written is false statement. If you read the poster's story, you will see that the petitions have not been approved yet. Hence, they can be withdrawn at any time and for any reason. Only an APPROVED petition cannot be withdrawn unless fraud is proven. Aa SWiss indicated, once the i-130 is cancelled, there is no basis for any of the other associated petitions.

                        Comment


                        • #27
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
                          Hudson, What you have written is false statement. If you read the poster's story, you will see that the petitions have not been approved yet. Hence, they can be withdrawn at any time and for any reason. Only an APPROVED petition cannot be withdrawn unless fraud is proven. Aa SWiss indicated, once the i-130 is cancelled, there is no basis for any of the other associated petitions. </div></BLOCKQUOTE>
                          Saw my mistake. Made the assumption with the work permit and three years of marriage.

                          Still believe this is more of a divorce case than immigration. Once divorced is finalized based on infidelity, then immigration would take care of itself. Also still believe no immigration fraud.
                          "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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