Need Help. I think I have been scammed for K-3 Visa by my Dominican wife

[KevinB 0]

I'm not sure I know where to begin. But I might as well get started. I met my wife in the Dominican Republic in December 2006 through a friend (employee) of mine who made the blind date introduction. None the less, we fell in love with one another and agreed to be married in February of 2007. She was unfamiliar with the visa process, so I did all the investigation on the processes and procedures here on the internet, both on dominicanstotheusa.com and this website visajourneys.com I brought her over to this country (with her blood son - 7 yrs at the time), I brought her to the USA on a K-3 visa and her son on a K-4 visa, as we married internationally.

She received her visa in Oct. 2007, and immediately has been with me in the US now for 16 months now. I had to fill out the I-485 (adjustment of status to permanent resident) and I-765 (work authorization) paperwork and send the fees in for both my wife and her son. They were quite hefty at $2,010 for the I-485, I-765 for my wife and her son, and I had to file another I-130 for her son when he was here for another $350 or there abouts. Being that I spent a fortune on two trips back and forth for our families back to the Dominican Republic, which she insisted upon as she really missed her family, I delayed filing the paperwork mentioned above until November 12, 2008. However, my wife hounded me often (almost demanded) that I file the paperwork before we went back for our visit to the DR for two weeks from Christmas through the New Year. She says she wants to work here in the USA and is obligated to helping her family, whom all are very nice (however very poor). All are hard workers and most of all her family went through the Police Academy and are police officers in the DR. In the interim while my wife wasn’t working here in the US, on her requests we would send money and clothing, etc to the DR to assist her entire family. Well, I must admit, I am starting to have regrets about filing this paperwork. I've noticed that ever since I've filed the I-485/I-765 paperwork, that her personality has gone very 'cold' and disrespectful of me. It's almost like she thinks that because I have filed this last leg of paperwork, that she is 'home free' to stay in the USA and she can treat me disrespectful. She is very 'moody', one day she is happy and the next day she's upset (and takes it out on me). Our relationship has gone downhill since I filed the paperwork in November 2008, and she even treated me bad/disrespectful while we visited the DR during our vacation (which again cost me thousands) for 2 weeks over this Holiday season 08/09.

Last week I found out some information that my wife, might have hooked up with a boyfriend that she had about 4 years ago, while we were back in the DR over the Holidays. Of coarse I don't have proof, and unfortunately there are a lot of rumors and lies that move around the neighborhood where she lives (as it is quite poor). There are a lot of people jealous of my wife, as she has married an American (me) and has everything now. With that said, I was trying to take this data that I received with a grain assault. However, I couldn't help but notice the change in her personality with me. I decided to approach her about the situation and she got upset and of coarse denied everything. She accused me of jealousy and said that I am making her 'pay' for the sins of my first wife (American whom I married young, who treated me bad, committed adultery and used me). I'm thinking that clearly it is within her right to make such a claim, however based on the information that was provided to me regarding her 'date' with her ex-boyfriend during our DR visit, I was thinking this was an easy 'defense strategy' to be used by her, as she knows I don't have video tape proof. I received the data regarding the alleged hook-up with my wife and her ex-boyfriend from a good friend, in fact this is the person who made the initial introductions of our first blind date. Ironically, my wife now says that this person is not my friend and is only telling me this information so he can use me for money (as this person actually works for me, well before I met my wife). When she told me this, I simply said to me wife "If Jxxxx is such a bad person and you think so bad of him as a person, then why did you listen to him when he asked you if you wanted to meet his American boss? If you didn't like or trust this person in the first place, why would you ever think that you would introduce you to the man of your dreams?" Now once I said this to my wife she became very angered. First, she never answered my question, as she knew what I was insinuating. Then she turned and said to me that she wants an immediate divorce and wants to have both her and her son go back to the DR immediately. She said she doesn't care about this country or the visa, she only came here because she loved me and had an opportunity to help her family. I slept on the couch that night (last Monday night). I had to fly to NYC on business the next morning, so I didn't see my wife or child before I left, as it was very early. I returned Wednesday night and my wife had a couple girlfriends at the house and she was doing their hair. Once the left she ignored me, and went to bed (with her son (8 years old) next to her again), so I was forced again sleep on the coach. The next morning I waited until he went off to school, and then I decided to talk with my wife. I told her that she has her wish. I contacted immigration and have began the deportation process and both her and her son will be going back to the DR immediately. Of coarse none of this was true, however I was trying to 'call her bluff' on the divorce request of hers, and see her reaction. The reaction was what I thought it would be, she ignored me and immediately started calling her latin friends that she has made during her 16 months here in the US. I overheard her one friend from Puerto Rico, suggest that she go to the Spanish Action League for help. I left for work, when I returned she was gone. Based on my suspicions, I took my wives and her sons passports (with visa stamps in them), the night before and put them in a secure location. At some point on Thursday my wife realized that both hers and her sons passports were missing, and I know she knew I had them (although she didn't say anything to me). Thursday night, the police showed up at my house with my wife (no child), and she was escorted in a van from the Spanish Action League. The police said that I had to return both hers and her sons passports. I explained that I suspected my wife only married me to receive her visa, and that I was in the process of contacting the USCIS regarding the suspected marriage fraud on the count of my wife. He indicated that he doesn't get involved with visa stuff, as her current visa is valid until Oct 2009. Unfortunately she is legal in this country and free to come and go from our home if she so chooses. He understood where I was coming from with my suspicions and reiterated that I need to take that up with the USCIS. The police showed up, as the Spanish Action League called them on behalf of my wife to come and get a suitcase of clothing. My wife entered w/ the police at her side and proceeded upstairs to pack her suitcase. She said nothing to me, and I said nothing to her as she passed me in the hallway before heading upstairs to pack. They left. I went the entire weekend wondering where my wife was at and why she hadn't called me nor returned home. The police indicated to me that she might be going to a 'safe house' per the direction of the Spanish Action League. I'm thinking 'safe house' for what?? There was no violence involved here. However, to my larger surprise on Monday afternoon, I was served with a stay away order of protection that was petitioned at our local county family court here in New York. Wow!! I read through the paperwork, and clearly it was completed by some type of 'abused wives' organization, which I have later confirmed to be exactly the case. Apparently a police report was taken from my wife on Thursday evening when she came to grab her suitcase, where she mentions in the report about the argument (she calls it) that we had Monday evening where I accused her of infidelity and she returned the accusation with the request for a divorce and immediate return to the DR. She apparently used that report (keep in mind no violence of any kind (aside from an argument) that did NOT in any way shape or form involve any type of physical confrontation) to receive this temporary order of protection against me. I called the police officer that came to my home that same afternoon that I was served the papers, and he was not surprised that I was served with the order of protection. He claims that anyone can go down to the family court with any type of domestic incident report (no matter the content of the report) and request an order of protection. He also said that the family court hands these things out "like water". I am sick and disgusted at this point for a few very good reasons

I suspect now that my wife has become nervous that I know the truth, that she has married me only to receive the visa (as I told her this, and she has committed marriage fraud, which I also told her) and that she can be criminally prospected against and immediately deported back to the DR. Therefore she has now sought out a 'Woman’s Rights Group, designed for Latinas that is out to nail any guy (right or wrong) and pin me as an abuser (mental). Personally, after reading through another post on here, I think she is only doing this as I understand that her only way to save her #### and not get the I-485 approved and her visa expired, is to indicate 'domestic violence' on the part of her husband (me), and ask for an immediate green card. Can this happen? I'm sure she has received legal advice, that the only way to stop the deportation process (as she thinks I've already called USCIS) is by claiming that I have mentally abused her. Personally, I'm scared to death of this stay away temporary order of protection issued by our local family court (of coarse all unknown to me). We have an adjournment date in court on March 23rd where the judge will here my side of the story as well. Regardless, I have a serious issue on my hand for the next 17 days before our court date. The fact of the matter is that per this temporary order of protection I cannot call, text, email or have any contact at all with my wife until our court date 03/23/09. I've called my wives family in the DR, as my wife calls her mom daily ever since she has been here in the USA. Her mom tells me that my wife has informed her of the situation, and that I need not pay attention to rumors and lies, as everyone is jealous of our relationship in the DR. This I still don't understand, but none the less it has been said to me not only by her mother, but by her sister-in-law, brother, etc. Her mother and sister-in-law have been contacted by my wife while she has been in the safe house, and they tell me that she (my wife) wants me to know that she loves me and wants to make amends with me, but is scared of the order or protection. She claims that her lawyer is telling her that she cannot have any contact with me at all before our court date on 03/23. I told my mother-in-law that when my wife calls her again, please tell her that this is strictly 'advise' as they are a woman’s advocate rights organization, and the majority of the women that go to them for assistance are abused by their significant other. Obviously that is not the case with me, however this group assumes that I too have intentions to harm my wife (simply not true). If I want to be very nieve, I could assume that her whole family is blind to everything that my wife is doing behind my back. Or I can be smarter, and assume that her family knows my wives alleged intentions of marrying me to obtain a visa and the ability to work here in the USA to help her family. I've sent money to her family on numerous occasions, I have even gone as far as sending $5000 to assist in the foundation being created for a new home for my mother-in-law. Call me stupid, but I have a big heart and don't like to see my wives family so poor (but yet happy) as compared to what we have here in the US. On another money note, I have given my credit card (debit card) to my wife to take money out in emergency situations. I confronted her a couple of weeks ago about a transaction that she made where she took $200 out of the account behind my back. When I confronted her about this and asked if she took the money more importantly for what, she responded with ‘yes’ she did it, and she needed to send more money to her mother and she forgot to tell me about this. Again, this is not like my wife, but again she did admit it (however after I approached her on the topic). Had I not asked her about this, would she have ‘remembered’ to tell me about this money? Also, this past Thursday I checked my bank statement again, and saw that she removed $200 again. This is the same night she showed up at the house with the police to pack her suitcase. Per my bank she removed the money at 9:30pm (3 ½ hours after) she came by the house with the police. I informed her family that she removed money without my permission, and they said that it was wrong (at first they didn’t want to believe it). I think maybe her mother said something to my wife about it, as today (Thursday 03/06) the police showed up at my home again per my wives request for more clothes for her and her son. I kindly gave the clothing to the officer, and ironically the group that requested the clothing again was this Spanish Action League (who by the way I don’t trust as far as I can throw). The girl from the Spanish Action League handed me my credit card (that my wife had) and explained to the police officer that she was instructed by my wives lawyer to give me the credit card, but for the police officer to take note of it. This is very strange and seems to be a CYA (cover your ####) attempt by my wife, as she knows that this is solely my account (doesn’t have her name on it) and she was holding a credit card with someone else’s name on it. And she knows I know about the two $200 ATM withdrawals she has made without my permission. By the way, I changed the PIN on the card immediately after finding out that she took the 2nd $200.00 out of the ATM last Thursday. Do I have legal coarse of action against my wife for larceny? Should I pursue this?

HELP:

Am I crazy? Are my assumptions about my wife marrying me for the sole purposes of obtaining a visa and permanent residency here in the US, rather then for the love I have for her and her son?

What do I do next? Do I wait until after our court date to see what she says on the date of court and tells the judge that she wants to make amends with me? I'm thinking that this could be risky for a couple of reasons: 1) If I'm being played here, that she only 'drummed up' this domestic violence fantasy against me to expedite her green card process, then clearly she is going to tell the judge to keep the order of protection in place and that she doesn't want to return home to me. 2) She in fact was really scared when I tried to call her bluff last thursday when I said I will grant her request of an immediate divorce and that I was beginning the deportation process for her and her son back to the DR. In response to her being terrified of the potential reality of being deported, she reached out to this Spanish Action League and they are telling her what she needs to do, and maybe she doesn't understand it all? Clearly the document that was drafted to the family court was done by the womens rights lawyer, as my wife can't read or write well enough in English. I personally don't think she understood all that went into that petition for the order of protection. My wife is telling her family in the DR, that her lawyer is forbidding her from contacting me (although she (my wife) claims that she wants to do just that and resolve things.)

3) I was advised to write a letter to the USCIS, and attach all supporting proof and copies of all the approved and pending USCIS forms I have. Once I have the letter completed, I need to request an INFOpass appointment at our local USCIS office and present the marriage fraud letter to an immigration officer. The letter needs to detail my suspicion of marriage fraud and requesting for immediate denial of the pending I-485 and potentially asking them to cancel/revoke the current visa stamp that she has that is valid until 10/2009. If I delay in writing this letter for another 17 days, awaiting the results of the court date, does that jeopardize my credibility with the USCIS?

Thanks all!

KB

PS. So sorry for the long read, however I wanted you to have all the facts so that I can receive so good advice as to my next moves.

[Prawninator 138]

I actually read through the entire thing, but sadly, I really do not know what I can say to help you in this situation. It is sad to hear/read a story like this to be perfectly honest. Also brings the reputation of overseas spouses down.

However, what I do believe is that if you willingly gave her your debit card along with your PIN number you have entrusted the money you have to her, and therefore she cannot be charged on that, as that was your choice to do so in the first place, with or without your permission. Unless there was a written agreement on how the money should be used and whether permission should or should not be obtained, signed by both your wife and yourself, you're out of luck there. I think.

I guess that if you TRULY believe that your wife is committing marriage fraud and that the relationship is entirely one-sided (this being deduced from what I'm reading), you should probably speak to your USCIS officer immediately. Delaying will not help things, I don't think. Can you provide the evidence, though?

Either way, good luck.

[himher 634]

You only have to do one thing:

You cannot revoke her petition for adjustment of status. You cannot cancel her visa, you cannot get her deported, it is best to put away all thoughts of "getting even" or getting anything back. You can, however, simply revoke YOUR I-864 affidavit of support. You may do so, in writing, at any time before the AOS (I485) is adjudicated and approved. Simply write and mail a formal notification to USCIS revoking your support affidavit on the grounds that you feel that this was a marriage of convenience for immigration benefits, then walk away. Cut all ties, contact, and do not speak or have anything to do with her. You are in a position to be set up for a BS DV case and you do not want to put yourself in that position.

Her petition will be adjudicated as if no affidavit were filed. aka, effectively the AOS will be denied. Your part will be ended and you can just walk away. She does have the option to self-petition, but that is her problem and her life not yours. Your part in this is ended once your revocation letter is filed.

Sorry to hear about your situation, hope things work out for you at least. Good luck.

I'm not sure I know where to begin. But I might as well get started. I met my wife in the Dominican Republic in December 2006 through a friend (employee) of mine who made the blind date introduction. None the less, we fell in love with one another and agreed to be married in February of 2007. She was unfamiliar with the visa process, so I did all the investigation on the processes and procedures here on the internet, both on dominicanstotheusa.com and this website visajourneys.com I brought her over to this country (with her blood son - 7 yrs at the time), I brought her to the USA on a K-3 visa and her son on a K-4 visa, as we married internationally.

She received her visa in Oct. 2007, and immediately has been with me in the US now for 16 months now. I had to fill out the I-485 (adjustment of status to permanent resident) and I-765 (work authorization) paperwork and send the fees in for both my wife and her son. They were quite hefty at $2,010 for the I-485, I-765 for my wife and her son, and I had to file another I-130 for her son when he was here for another $350 or there abouts. Being that I spent a fortune on two trips back and forth for our families back to the Dominican Republic, which she insisted upon as she really missed her family, I delayed filing the paperwork mentioned above until November 12, 2008. However, my wife hounded me often (almost demanded) that I file the paperwork before we went back for our visit to the DR for two weeks from Christmas through the New Year. She says she wants to work here in the USA and is obligated to helping her family, whom all are very nice (however very poor). All are hard workers and most of all her family went through the Police Academy and are police officers in the DR. In the interim while my wife wasn’t working here in the US, on her requests we would send money and clothing, etc to the DR to assist her entire family. Well, I must admit, I am starting to have regrets about filing this paperwork. I've noticed that ever since I've filed the I-485/I-765 paperwork, that her personality has gone very 'cold' and disrespectful of me. It's almost like she thinks that because I have filed this last leg of paperwork, that she is 'home free' to stay in the USA and she can treat me disrespectful. She is very 'moody', one day she is happy and the next day she's upset (and takes it out on me). Our relationship has gone downhill since I filed the paperwork in November 2008, and she even treated me bad/disrespectful while we visited the DR during our vacation (which again cost me thousands) for 2 weeks over this Holiday season 08/09.

Last week I found out some information that my wife, might have hooked up with a boyfriend that she had about 4 years ago, while we were back in the DR over the Holidays. Of coarse I don't have proof, and unfortunately there are a lot of rumors and lies that move around the neighborhood where she lives (as it is quite poor). There are a lot of people jealous of my wife, as she has married an American (me) and has everything now. With that said, I was trying to take this data that I received with a grain assault. However, I couldn't help but notice the change in her personality with me. I decided to approach her about the situation and she got upset and of coarse denied everything. She accused me of jealousy and said that I am making her 'pay' for the sins of my first wife (American whom I married young, who treated me bad, committed adultery and used me). I'm thinking that clearly it is within her right to make such a claim, however based on the information that was provided to me regarding her 'date' with her ex-boyfriend during our DR visit, I was thinking this was an easy 'defense strategy' to be used by her, as she knows I don't have video tape proof. I received the data regarding the alleged hook-up with my wife and her ex-boyfriend from a good friend, in fact this is the person who made the initial introductions of our first blind date. Ironically, my wife now says that this person is not my friend and is only telling me this information so he can use me for money (as this person actually works for me, well before I met my wife). When she told me this, I simply said to me wife "If Jxxxx is such a bad person and you think so bad of him as a person, then why did you listen to him when he asked you if you wanted to meet his American boss? If you didn't like or trust this person in the first place, why would you ever think that you would introduce you to the man of your dreams?" Now once I said this to my wife she became very angered. First, she never answered my question, as she knew what I was insinuating. Then she turned and said to me that she wants an immediate divorce and wants to have both her and her son go back to the DR immediately. She said she doesn't care about this country or the visa, she only came here because she loved me and had an opportunity to help her family. I slept on the couch that night (last Monday night). I had to fly to NYC on business the next morning, so I didn't see my wife or child before I left, as it was very early. I returned Wednesday night and my wife had a couple girlfriends at the house and she was doing their hair. Once the left she ignored me, and went to bed (with her son (8 years old) next to her again), so I was forced again sleep on the coach. The next morning I waited until he went off to school, and then I decided to talk with my wife. I told her that she has her wish. I contacted immigration and have began the deportation process and both her and her son will be going back to the DR immediately. Of coarse none of this was true, however I was trying to 'call her bluff' on the divorce request of hers, and see her reaction. The reaction was what I thought it would be, she ignored me and immediately started calling her latin friends that she has made during her 16 months here in the US. I overheard her one friend from Puerto Rico, suggest that she go to the Spanish Action League for help. I left for work, when I returned she was gone. Based on my suspicions, I took my wives and her sons passports (with visa stamps in them), the night before and put them in a secure location. At some point on Thursday my wife realized that both hers and her sons passports were missing, and I know she knew I had them (although she didn't say anything to me). Thursday night, the police showed up at my house with my wife (no child), and she was escorted in a van from the Spanish Action League. The police said that I had to return both hers and her sons passports. I explained that I suspected my wife only married me to receive her visa, and that I was in the process of contacting the USCIS regarding the suspected marriage fraud on the count of my wife. He indicated that he doesn't get involved with visa stuff, as her current visa is valid until Oct 2009. Unfortunately she is legal in this country and free to come and go from our home if she so chooses. He understood where I was coming from with my suspicions and reiterated that I need to take that up with the USCIS. The police showed up, as the Spanish Action League called them on behalf of my wife to come and get a suitcase of clothing. My wife entered w/ the police at her side and proceeded upstairs to pack her suitcase. She said nothing to me, and I said nothing to her as she passed me in the hallway before heading upstairs to pack. They left. I went the entire weekend wondering where my wife was at and why she hadn't called me nor returned home. The police indicated to me that she might be going to a 'safe house' per the direction of the Spanish Action League. I'm thinking 'safe house' for what?? There was no violence involved here. However, to my larger surprise on Monday afternoon, I was served with a stay away order of protection that was petitioned at our local county family court here in New York. Wow!! I read through the paperwork, and clearly it was completed by some type of 'abused wives' organization, which I have later confirmed to be exactly the case. Apparently a police report was taken from my wife on Thursday evening when she came to grab her suitcase, where she mentions in the report about the argument (she calls it) that we had Monday evening where I accused her of infidelity and she returned the accusation with the request for a divorce and immediate return to the DR. She apparently used that report (keep in mind no violence of any kind (aside from an argument) that did NOT in any way shape or form involve any type of physical confrontation) to receive this temporary order of protection against me. I called the police officer that came to my home that same afternoon that I was served the papers, and he was not surprised that I was served with the order of protection. He claims that anyone can go down to the family court with any type of domestic incident report (no matter the content of the report) and request an order of protection. He also said that the family court hands these things out "like water". I am sick and disgusted at this point for a few very good reasons

I suspect now that my wife has become nervous that I know the truth, that she has married me only to receive the visa (as I told her this, and she has committed marriage fraud, which I also told her) and that she can be criminally prospected against and immediately deported back to the DR. Therefore she has now sought out a 'Woman’s Rights Group, designed for Latinas that is out to nail any guy (right or wrong) and pin me as an abuser (mental). Personally, after reading through another post on here, I think she is only doing this as I understand that her only way to save her #### and not get the I-485 approved and her visa expired, is to indicate 'domestic violence' on the part of her husband (me), and ask for an immediate green card. Can this happen? I'm sure she has received legal advice, that the only way to stop the deportation process (as she thinks I've already called USCIS) is by claiming that I have mentally abused her. Personally, I'm scared to death of this stay away temporary order of protection issued by our local family court (of coarse all unknown to me). We have an adjournment date in court on March 23rd where the judge will here my side of the story as well. Regardless, I have a serious issue on my hand for the next 17 days before our court date. The fact of the matter is that per this temporary order of protection I cannot call, text, email or have any contact at all with my wife until our court date 03/23/09. I've called my wives family in the DR, as my wife calls her mom daily ever since she has been here in the USA. Her mom tells me that my wife has informed her of the situation, and that I need not pay attention to rumors and lies, as everyone is jealous of our relationship in the DR. This I still don't understand, but none the less it has been said to me not only by her mother, but by her sister-in-law, brother, etc. Her mother and sister-in-law have been contacted by my wife while she has been in the safe house, and they tell me that she (my wife) wants me to know that she loves me and wants to make amends with me, but is scared of the order or protection. She claims that her lawyer is telling her that she cannot have any contact with me at all before our court date on 03/23. I told my mother-in-law that when my wife calls her again, please tell her that this is strictly 'advise' as they are a woman’s advocate rights organization, and the majority of the women that go to them for assistance are abused by their significant other. Obviously that is not the case with me, however this group assumes that I too have intentions to harm my wife (simply not true). If I want to be very nieve, I could assume that her whole family is blind to everything that my wife is doing behind my back. Or I can be smarter, and assume that her family knows my wives alleged intentions of marrying me to obtain a visa and the ability to work here in the USA to help her family. I've sent money to her family on numerous occasions, I have even gone as far as sending $5000 to assist in the foundation being created for a new home for my mother-in-law. Call me stupid, but I have a big heart and don't like to see my wives family so poor (but yet happy) as compared to what we have here in the US. On another money note, I have given my credit card (debit card) to my wife to take money out in emergency situations. I confronted her a couple of weeks ago about a transaction that she made where she took $200 out of the account behind my back. When I confronted her about this and asked if she took the money more importantly for what, she responded with ‘yes’ she did it, and she needed to send more money to her mother and she forgot to tell me about this. Again, this is not like my wife, but again she did admit it (however after I approached her on the topic). Had I not asked her about this, would she have ‘remembered’ to tell me about this money? Also, this past Thursday I checked my bank statement again, and saw that she removed $200 again. This is the same night she showed up at the house with the police to pack her suitcase. Per my bank she removed the money at 9:30pm (3 ½ hours after) she came by the house with the police. I informed her family that she removed money without my permission, and they said that it was wrong (at first they didn’t want to believe it). I think maybe her mother said something to my wife about it, as today (Thursday 03/06) the police showed up at my home again per my wives request for more clothes for her and her son. I kindly gave the clothing to the officer, and ironically the group that requested the clothing again was this Spanish Action League (who by the way I don’t trust as far as I can throw). The girl from the Spanish Action League handed me my credit card (that my wife had) and explained to the police officer that she was instructed by my wives lawyer to give me the credit card, but for the police officer to take note of it. This is very strange and seems to be a CYA (cover your ####) attempt by my wife, as she knows that this is solely my account (doesn’t have her name on it) and she was holding a credit card with someone else’s name on it. And she knows I know about the two $200 ATM withdrawals she has made without my permission. By the way, I changed the PIN on the card immediately after finding out that she took the 2nd $200.00 out of the ATM last Thursday. Do I have legal coarse of action against my wife for larceny? Should I pursue this?

HELP:

Am I crazy? Are my assumptions about my wife marrying me for the sole purposes of obtaining a visa and permanent residency here in the US, rather then for the love I have for her and her son?

What do I do next? Do I wait until after our court date to see what she says on the date of court and tells the judge that she wants to make amends with me? I'm thinking that this could be risky for a couple of reasons: 1) If I'm being played here, that she only 'drummed up' this domestic violence fantasy against me to expedite her green card process, then clearly she is going to tell the judge to keep the order of protection in place and that she doesn't want to return home to me. 2) She in fact was really scared when I tried to call her bluff last thursday when I said I will grant her request of an immediate divorce and that I was beginning the deportation process for her and her son back to the DR. In response to her being terrified of the potential reality of being deported, she reached out to this Spanish Action League and they are telling her what she needs to do, and maybe she doesn't understand it all? Clearly the document that was drafted to the family court was done by the womens rights lawyer, as my wife can't read or write well enough in English. I personally don't think she understood all that went into that petition for the order of protection. My wife is telling her family in the DR, that her lawyer is forbidding her from contacting me (although she (my wife) claims that she wants to do just that and resolve things.)

3) I was advised to write a letter to the USCIS, and attach all supporting proof and copies of all the approved and pending USCIS forms I have. Once I have the letter completed, I need to request an INFOpass appointment at our local USCIS office and present the marriage fraud letter to an immigration officer. The letter needs to detail my suspicion of marriage fraud and requesting for immediate denial of the pending I-485 and potentially asking them to cancel/revoke the current visa stamp that she has that is valid until 10/2009. If I delay in writing this letter for another 17 days, awaiting the results of the court date, does that jeopardize my credibility with the USCIS?

Thanks all!

KB

PS. So sorry for the long read, however I wanted you to have all the facts so that I can receive so good advice as to my next moves.

You only have to do one thing:

You cannot revoke her petition for adjustment of status. You cannot cancel her visa, you cannot get her deported, it is best to put away all thoughts of "getting even" or getting anything back. You can, however, simply revoke YOUR I-864 affidavit of support. You may do so, in writing, at any time before the AOS (I485) is adjudicated and approved. Simply write and mail a formal notification to USCIS revoking your support affidavit on the grounds that you feel that this was a marriage of convenience for immigration benefits, then walk away. Cut all ties, contact, and do not speak or have anything to do with her. You are in a position to be set up for a BS DV case and you do not want to put yourself in that position.

Her petition will be adjudicated as if no affidavit were filed. aka, effectively the AOS will be denied. Your part will be ended and you can just walk away. She does have the option to self-petition, but that is her problem and her life not yours. Your part in this is ended once your revocation letter is filed.

You do not have to prove anything. You can just pull the support affidavit, no burden of proof needed.

Sorry to hear about your situation, hope things work out for you at least. Good luck.

I'm not sure I know where to begin. But I might as well get started. I met my wife in the Dominican Republic in December 2006 through a friend (employee) of mine who made the blind date introduction. None the less, we fell in love with one another and agreed to be married in February of 2007. She was unfamiliar with the visa process, so I did all the investigation on the processes and procedures here on the internet, both on dominicanstotheusa.com and this website visajourneys.com I brought her over to this country (with her blood son - 7 yrs at the time), I brought her to the USA on a K-3 visa and her son on a K-4 visa, as we married internationally.

She received her visa in Oct. 2007, and immediately has been with me in the US now for 16 months now. I had to fill out the I-485 (adjustment of status to permanent resident) and I-765 (work authorization) paperwork and send the fees in for both my wife and her son. They were quite hefty at $2,010 for the I-485, I-765 for my wife and her son, and I had to file another I-130 for her son when he was here for another $350 or there abouts. Being that I spent a fortune on two trips back and forth for our families back to the Dominican Republic, which she insisted upon as she really missed her family, I delayed filing the paperwork mentioned above until November 12, 2008. However, my wife hounded me often (almost demanded) that I file the paperwork before we went back for our visit to the DR for two weeks from Christmas through the New Year. She says she wants to work here in the USA and is obligated to helping her family, whom all are very nice (however very poor). All are hard workers and most of all her family went through the Police Academy and are police officers in the DR. In the interim while my wife wasn’t working here in the US, on her requests we would send money and clothing, etc to the DR to assist her entire family. Well, I must admit, I am starting to have regrets about filing this paperwork. I've noticed that ever since I've filed the I-485/I-765 paperwork, that her personality has gone very 'cold' and disrespectful of me. It's almost like she thinks that because I have filed this last leg of paperwork, that she is 'home free' to stay in the USA and she can treat me disrespectful. She is very 'moody', one day she is happy and the next day she's upset (and takes it out on me). Our relationship has gone downhill since I filed the paperwork in November 2008, and she even treated me bad/disrespectful while we visited the DR during our vacation (which again cost me thousands) for 2 weeks over this Holiday season 08/09.

Last week I found out some information that my wife, might have hooked up with a boyfriend that she had about 4 years ago, while we were back in the DR over the Holidays. Of coarse I don't have proof, and unfortunately there are a lot of rumors and lies that move around the neighborhood where she lives (as it is quite poor). There are a lot of people jealous of my wife, as she has married an American (me) and has everything now. With that said, I was trying to take this data that I received with a grain assault. However, I couldn't help but notice the change in her personality with me. I decided to approach her about the situation and she got upset and of coarse denied everything. She accused me of jealousy and said that I am making her 'pay' for the sins of my first wife (American whom I married young, who treated me bad, committed adultery and used me). I'm thinking that clearly it is within her right to make such a claim, however based on the information that was provided to me regarding her 'date' with her ex-boyfriend during our DR visit, I was thinking this was an easy 'defense strategy' to be used by her, as she knows I don't have video tape proof. I received the data regarding the alleged hook-up with my wife and her ex-boyfriend from a good friend, in fact this is the person who made the initial introductions of our first blind date. Ironically, my wife now says that this person is not my friend and is only telling me this information so he can use me for money (as this person actually works for me, well before I met my wife). When she told me this, I simply said to me wife "If Jxxxx is such a bad person and you think so bad of him as a person, then why did you listen to him when he asked you if you wanted to meet his American boss? If you didn't like or trust this person in the first place, why would you ever think that you would introduce you to the man of your dreams?" Now once I said this to my wife she became very angered. First, she never answered my question, as she knew what I was insinuating. Then she turned and said to me that she wants an immediate divorce and wants to have both her and her son go back to the DR immediately. She said she doesn't care about this country or the visa, she only came here because she loved me and had an opportunity to help her family. I slept on the couch that night (last Monday night). I had to fly to NYC on business the next morning, so I didn't see my wife or child before I left, as it was very early. I returned Wednesday night and my wife had a couple girlfriends at the house and she was doing their hair. Once the left she ignored me, and went to bed (with her son (8 years old) next to her again), so I was forced again sleep on the coach. The next morning I waited until he went off to school, and then I decided to talk with my wife. I told her that she has her wish. I contacted immigration and have began the deportation process and both her and her son will be going back to the DR immediately. Of coarse none of this was true, however I was trying to 'call her bluff' on the divorce request of hers, and see her reaction. The reaction was what I thought it would be, she ignored me and immediately started calling her latin friends that she has made during her 16 months here in the US. I overheard her one friend from Puerto Rico, suggest that she go to the Spanish Action League for help. I left for work, when I returned she was gone. Based on my suspicions, I took my wives and her sons passports (with visa stamps in them), the night before and put them in a secure location. At some point on Thursday my wife realized that both hers and her sons passports were missing, and I know she knew I had them (although she didn't say anything to me). Thursday night, the police showed up at my house with my wife (no child), and she was escorted in a van from the Spanish Action League. The police said that I had to return both hers and her sons passports. I explained that I suspected my wife only married me to receive her visa, and that I was in the process of contacting the USCIS regarding the suspected marriage fraud on the count of my wife. He indicated that he doesn't get involved with visa stuff, as her current visa is valid until Oct 2009. Unfortunately she is legal in this country and free to come and go from our home if she so chooses. He understood where I was coming from with my suspicions and reiterated that I need to take that up with the USCIS. The police showed up, as the Spanish Action League called them on behalf of my wife to come and get a suitcase of clothing. My wife entered w/ the police at her side and proceeded upstairs to pack her suitcase. She said nothing to me, and I said nothing to her as she passed me in the hallway before heading upstairs to pack. They left. I went the entire weekend wondering where my wife was at and why she hadn't called me nor returned home. The police indicated to me that she might be going to a 'safe house' per the direction of the Spanish Action League. I'm thinking 'safe house' for what?? There was no violence involved here. However, to my larger surprise on Monday afternoon, I was served with a stay away order of protection that was petitioned at our local county family court here in New York. Wow!! I read through the paperwork, and clearly it was completed by some type of 'abused wives' organization, which I have later confirmed to be exactly the case. Apparently a police report was taken from my wife on Thursday evening when she came to grab her suitcase, where she mentions in the report about the argument (she calls it) that we had Monday evening where I accused her of infidelity and she returned the accusation with the request for a divorce and immediate return to the DR. She apparently used that report (keep in mind no violence of any kind (aside from an argument) that did NOT in any way shape or form involve any type of physical confrontation) to receive this temporary order of protection against me. I called the police officer that came to my home that same afternoon that I was served the papers, and he was not surprised that I was served with the order of protection. He claims that anyone can go down to the family court with any type of domestic incident report (no matter the content of the report) and request an order of protection. He also said that the family court hands these things out "like water". I am sick and disgusted at this point for a few very good reasons

I suspect now that my wife has become nervous that I know the truth, that she has married me only to receive the visa (as I told her this, and she has committed marriage fraud, which I also told her) and that she can be criminally prospected against and immediately deported back to the DR. Therefore she has now sought out a 'Woman’s Rights Group, designed for Latinas that is out to nail any guy (right or wrong) and pin me as an abuser (mental). Personally, after reading through another post on here, I think she is only doing this as I understand that her only way to save her #### and not get the I-485 approved and her visa expired, is to indicate 'domestic violence' on the part of her husband (me), and ask for an immediate green card. Can this happen? I'm sure she has received legal advice, that the only way to stop the deportation process (as she thinks I've already called USCIS) is by claiming that I have mentally abused her. Personally, I'm scared to death of this stay away temporary order of protection issued by our local family court (of coarse all unknown to me). We have an adjournment date in court on March 23rd where the judge will here my side of the story as well. Regardless, I have a serious issue on my hand for the next 17 days before our court date. The fact of the matter is that per this temporary order of protection I cannot call, text, email or have any contact at all with my wife until our court date 03/23/09. I've called my wives family in the DR, as my wife calls her mom daily ever since she has been here in the USA. Her mom tells me that my wife has informed her of the situation, and that I need not pay attention to rumors and lies, as everyone is jealous of our relationship in the DR. This I still don't understand, but none the less it has been said to me not only by her mother, but by her sister-in-law, brother, etc. Her mother and sister-in-law have been contacted by my wife while she has been in the safe house, and they tell me that she (my wife) wants me to know that she loves me and wants to make amends with me, but is scared of the order or protection. She claims that her lawyer is telling her that she cannot have any contact with me at all before our court date on 03/23. I told my mother-in-law that when my wife calls her again, please tell her that this is strictly 'advise' as they are a woman’s advocate rights organization, and the majority of the women that go to them for assistance are abused by their significant other. Obviously that is not the case with me, however this group assumes that I too have intentions to harm my wife (simply not true). If I want to be very nieve, I could assume that her whole family is blind to everything that my wife is doing behind my back. Or I can be smarter, and assume that her family knows my wives alleged intentions of marrying me to obtain a visa and the ability to work here in the USA to help her family. I've sent money to her family on numerous occasions, I have even gone as far as sending $5000 to assist in the foundation being created for a new home for my mother-in-law. Call me stupid, but I have a big heart and don't like to see my wives family so poor (but yet happy) as compared to what we have here in the US. On another money note, I have given my credit card (debit card) to my wife to take money out in emergency situations. I confronted her a couple of weeks ago about a transaction that she made where she took $200 out of the account behind my back. When I confronted her about this and asked if she took the money more importantly for what, she responded with ‘yes’ she did it, and she needed to send more money to her mother and she forgot to tell me about this. Again, this is not like my wife, but again she did admit it (however after I approached her on the topic). Had I not asked her about this, would she have ‘remembered’ to tell me about this money? Also, this past Thursday I checked my bank statement again, and saw that she removed $200 again. This is the same night she showed up at the house with the police to pack her suitcase. Per my bank she removed the money at 9:30pm (3 ½ hours after) she came by the house with the police. I informed her family that she removed money without my permission, and they said that it was wrong (at first they didn’t want to believe it). I think maybe her mother said something to my wife about it, as today (Thursday 03/06) the police showed up at my home again per my wives request for more clothes for her and her son. I kindly gave the clothing to the officer, and ironically the group that requested the clothing again was this Spanish Action League (who by the way I don’t trust as far as I can throw). The girl from the Spanish Action League handed me my credit card (that my wife had) and explained to the police officer that she was instructed by my wives lawyer to give me the credit card, but for the police officer to take note of it. This is very strange and seems to be a CYA (cover your ####) attempt by my wife, as she knows that this is solely my account (doesn’t have her name on it) and she was holding a credit card with someone else’s name on it. And she knows I know about the two $200 ATM withdrawals she has made without my permission. By the way, I changed the PIN on the card immediately after finding out that she took the 2nd $200.00 out of the ATM last Thursday. Do I have legal coarse of action against my wife for larceny? Should I pursue this?

HELP:

Am I crazy? Are my assumptions about my wife marrying me for the sole purposes of obtaining a visa and permanent residency here in the US, rather then for the love I have for her and her son?

What do I do next? Do I wait until after our court date to see what she says on the date of court and tells the judge that she wants to make amends with me? I'm thinking that this could be risky for a couple of reasons: 1) If I'm being played here, that she only 'drummed up' this domestic violence fantasy against me to expedite her green card process, then clearly she is going to tell the judge to keep the order of protection in place and that she doesn't want to return home to me. 2) She in fact was really scared when I tried to call her bluff last thursday when I said I will grant her request of an immediate divorce and that I was beginning the deportation process for her and her son back to the DR. In response to her being terrified of the potential reality of being deported, she reached out to this Spanish Action League and they are telling her what she needs to do, and maybe she doesn't understand it all? Clearly the document that was drafted to the family court was done by the womens rights lawyer, as my wife can't read or write well enough in English. I personally don't think she understood all that went into that petition for the order of protection. My wife is telling her family in the DR, that her lawyer is forbidding her from contacting me (although she (my wife) claims that she wants to do just that and resolve things.)

3) I was advised to write a letter to the USCIS, and attach all supporting proof and copies of all the approved and pending USCIS forms I have. Once I have the letter completed, I need to request an INFOpass appointment at our local USCIS office and present the marriage fraud letter to an immigration officer. The letter needs to detail my suspicion of marriage fraud and requesting for immediate denial of the pending I-485 and potentially asking them to cancel/revoke the current visa stamp that she has that is valid until 10/2009. If I delay in writing this letter for another 17 days, awaiting the results of the court date, does that jeopardize my credibility with the USCIS?

Thanks all!

KB

PS. So sorry for the long read, however I wanted you to have all the facts so that I can receive so good advice as to my next moves.

[Prawninator 138]

(himher, you might wanna remove your blockquote dude. )

[himher 634]

ugh....thanks.....lol

(himher, you might wanna remove your blockquote dude. )

[KevinB 0]

I can provide sufficient evidence. I have Western Union and La Nacional money transfer receipts in my wives name as the sender to various family members. Keep in mind she has no job, and was sending large sums of $ (no idea) where it came from to the DR. I personally think she took $ from our account in the DR (however it is a joint account, however all the $ in there was mine at the time she took the $). Again, this is tough to prove as she is the primary on that account. I also found Western Union money receipts sent to a boyfriend (I believe) who is here in the US now as he is/was a minor league baseball player (currently released and without a job), but who is originally from the DR.

Beacuse of the events that have gone on since last week and my infidelity suspicions, I have reviewed all cell-phone calls made and received by my wife for the last year, and there are over 200 phone calls and texts + photos exchanged, made/received between my wife and the alleged boyfriend. This I'm sure is significant proof for the USCIS.

[TBoneTX 43,019]

Much sympathy to you, si man. Consider consulting both an immigration attorney and a family-law attorney for advice regarding any upcoming hearings.

[Y's_habibitk 2]

I'm just going to come at this from another angle. Could it be that your wife sensed the resentment that was building in you from "spending a fortune", and this is when her attitude changed?

It just sounds like things escalated very quickly and went from bad communication to this fiasco.

Just a thought

Im sorry you guys are going through this, may you fnd the best solution for everyone involved.

Lisa

[Tiggi247 0]

I'm just going to come at this from another angle. Could it be that your wife sensed the resentment that was building in you from "spending a fortune", and this is when her attitude changed?

It just sounds like things escalated very quickly and went from bad communication to this fiasco.

Just a thought

Im sorry you guys are going through this, may you fnd the best solution for everyone involved.

Lisa

I cant believe that I am going to say this but maybe its not a immigration or a vias fraud issue maybe she really does(did)love you and when she when home for Christmas and seen her ex then maybe he has her ear and is telling her this and that and she maybe confused. I am not saying that she is innocent in the whole case but when you involve agency in this then things can get out of hand very quickly the same thing with family . I know its hard but take your time and think about everything from her side. Also she is your wife and you have been together for over 16mths ? and you are talking the money you spent over the holidays for the trip, man thats your wife,spouse,soulmate, betterhalf dont let money come between you and your blessing, you never really said anything about how she treated you before the trip or how the relationship was before the holidays. I hope that everything works out for you

[himher 634]

You don't need evidence. You can pull your support affidavit and walk away by just picking up a pen. It's that easy.

I can provide sufficient evidence. I have Western Union and La Nacional money transfer receipts in my wives name as the sender to various family members. Keep in mind she has no job, and was sending large sums of $ (no idea) where it came from to the DR. I personally think she took $ from our account in the DR (however it is a joint account, however all the $ in there was mine at the time she took the $). Again, this is tough to prove as she is the primary on that account. I also found Western Union money receipts sent to a boyfriend (I believe) who is here in the US now as he is/was a minor league baseball player (currently released and without a job), but who is originally from the DR.

Beacuse of the events that have gone on since last week and my infidelity suspicions, I have reviewed all cell-phone calls made and received by my wife for the last year, and there are over 200 phone calls and texts + photos exchanged, made/received between my wife and the alleged boyfriend. This I'm sure is significant proof for the USCIS.

[Donna A 4]

well if u dont get things sorted out before the interview then u can tell them at the interview u think she is commiting fraud and tell them ur reasoning for it. they will probably deny her aos and send her packing. but make sure 100%she is committing fraud before u do something that might not be right at the interview.

[Bobby+Umit 161]

Good Gravy - paragraphs next time

To the OP -

Lawyer time. Cancel your support affidavit, divorce, walk away.

Seems she is playing hardball by getting the protection order, may even attempt to VAWA.

Get your ducks in a row, or you may end up supporting her for a very long time.

(note: I am basing this on what the OP says, two sides to the story, yada yada yada)

[KevinB 0]

I have contacted a lawyer to squash this BS order of protection that she 'magically' came up with after I called her bluff and told her I'd grant her wish of a divorce and will begin the deportation proceedings to send her and her son back to the Dominican Republic. That's when she hit the panic button and started this BS with the order of protection. I am concerned about the WAWA law, and clearly that is the angle she is going for. That is another reason I cannot wait for the "interview" for the green card.

Note, we were married internationally in Honduras, as the visa backlog for an interview at the US embassy in the Dominican Republic was 2 years at the time we were married. I actually spent thousands more, so we could marry in Honduras so we could get an interview within 4 weeks after the approved I-129F was sent to Tegucigalpa, Honduras. I have contacted the lawyer I used to marry us internationally in Honduras, to assist with the divorce. I'm still waiting for a response. I'm concerned that if my wife doesn't want to proceed with the divorce (as she may think that it will cancel all opportunities for her to receive her green card), then can I still get a divorce if both parties don't agree? I have sufficient proof that she clearly married me fraudulently and for the sole purposes of receiving immigration benefits. Also, I never registered our marriage here in New York State. I only sent in the international marriage certificate into the USCIS for the I-130, I-129F, I-485, I-765. We do not have a marriage license from New York State, where I am a resident.

[Old Dominion 26]

You were married in Honduras. You will never get a NYS marriage certificate. You would divorce under NYS laws, no matter where the marriage is recorded. It does not require that both parties agree -- if she fails to be represented in the divorce proceedings, that is a choice she makes, but it will not delay the proceedings.

[DEDixon 39]

Never talk to her directly again and divorce as fast as possible is the best thing to do. Don't give her another chance. She has shown you how she deals with conflict - by not dealing with it and by involving every possible agency known to WOMAN.

Really, if she calls you, hang up!!! The only word you need to get to her is the name and number of your lawyer - communicate through your lawyer only.

People that involve outside agencies for minor things such as this from the get-go are never going see anything other than what is good for them. Please them today and tomorrow they are asking what have you done for me lately.