Hi All.

i have a very sad story to tell. i brought my spouse from nigeria on k-3 visa in march 2007 after having been in relationship since december 2003. i used to go home every year 2003-2007 to see her as well as send money to her every month 2003-2007. she came to U.S. and we started having problems in our marital lifes, we have gone thru several counseling sections with our pastor but she is still want to get out of the marriage. In july 07 she call the cops on me and was thrown into jail for 9hours and filed assault and battery charge on me. prior to this between april and july 07 she has physically punch me three times, bite me twice, not to talk of numerous verbal abuse. she used the assault and battery police report to file for green card using form i-360. Prior to this i still went ahead to file both employment authorization documents in april and green card in july out of covenant commitment to the marriage.

My question is what is the implication of my immigration records with USCIS AFTER HAVING FILE FOR GREEN CARD FOR HER AT THE SAME TIME she SELF PETITION FOR HERSELF WITHOUT MY KNOWLEDGE UNDER (VAWA)

she is still living with me just waiting to get her green card and move out. candid advice is really appreciated.

are you serious?

OH BROTHA.... I am sure you will hear a ton from the Sub-Sahara folks who have already walked down that path. I feel for you terribly as no human being deserves to go through this. I'll pm you later. Hugs
Chispas

I don't have any specific advice to offer regarding the VAWA peition. However, I do want to let you know that you are in my thoughts and prayers.

Stay strong!

Boaz

Hi All.

i have a very sad story to tell. i brought my spouse from nigeria on k-3 visa in march 2007 after having been in relationship since december 2003. i used to go home every year 2003-2007 to see her as well as send money to her every month 2003-2007. she came to U.S. and we started having problems in our marital lifes, we have gone thru several counseling sections with our pastor but she is still want to get out of the marriage. In july 07 she call the cops on me and was thrown into jail for 9hours and filed assault and battery charge on me. prior to this between april and july 07 she has physically punch me three times, bite me twice, not to talk of numerous verbal abuse. she used the assault and battery police report to file for green card using form i-360. Prior to this i still went ahead to file both employment authorization documents in april and green card in july out of covenant commitment to the marriage.

My question is what is the implication of my immigration records with USCIS AFTER HAVING FILE FOR GREEN CARD FOR HER AT THE SAME TIME she SELF PETITION FOR HERSELF WITHOUT MY KNOWLEDGE UNDER (VAWA)

she is still living with me just waiting to get her green card and move out. candid advice is really appreciated.

26 Aug 2007
Read TopicName change

Sorry to hear that you are going through this

Has she been approved for the greencard already? If not maybe you could set up an infopass appointment to see what you can do. You may also want to talk to a qualified immigration attorney.

You sound like you want to hold on to this relationship. But it's definitely hurting you. If she is physically assaulting you as well as slandering your character, you may be best to remove yourself from the situation. You can commit yourself to a marraige but if the other partner is not committed it simply will not work. You may need to save yourself and find some spiritual counseling to get yourself to a better place.

The use of VAWA does not put you in legal danger because USCIS does not prosecute. The assault and battery charges that she placed against you when she had you arrested could lead to a records so you should find out where you stand on that and get a lawyer if need be. I definitely think it's best that you get out of the situation, because right now you're placing yourself in harms way and she doesn't seem to hesitate to use all her resources so you'd better move on.

it is really unbelievable what i had gone through in the between march 31 2007 february 2008, it expremely unbelievable.

You sound like you want to hold on to this relationship. But it's definitely hurting you. If she is physically assaulting you as well as slandering your character, you may be best to remove yourself from the situation. You can commit yourself to a marraige but if the other partner is not committed it simply will not work. You may need to save yourself and find some spiritual counseling to get yourself to a better place.

The use of VAWA does not put you in legal danger because USCIS does not prosecute. The assault and battery charges that she placed against you when she had you arrested could lead to a records so you should find out where you stand on that and get a lawyer if need be. I definitely think it's best that you get out of the situation, because right now you're placing yourself in harms way and she doesn't seem to hesitate to use all her resources so you'd better move on.

i just want her to leave, but she is unwilling. i have a rental lease contract until july 2008

Duplicate topics have been merged and moved to the forum best suited for the immigrations questions asked.

First of all, my heart goes out to you in this difficult situation.





Second, I agree with ZeeNusah that contacting an immigration attorney might be the best thing to do, even if you only go for a consultation.

I hope everything will work out ok for you. You'll make it through this tough time!!!!

The I-360 is done independently, and as I understand, the US Citizen has absolutely NO say in the matter. Apparently, the immigrant spouse got ahold of an attorney to help out, or has been advised by other 'friends'. The whole 'abuse' thing is a set up, and in many cases, it's something provoked to achieve the result...totally pre-conceived and calculated.

I, too, am sorry about the situation. This sort of thing just absolutely SUCKS!!! Sometimes, yeah, the immigrant gets the short end of the stick, and there's an abusive situation. But in a majority of the cases, especially here, anyway, it seems as if the USC invests money, time, emotion, and virtually changes their lives to make a relationship happen...at the expense of their own lives...and then get subjected to this sort of crap. It's just awful. Does the immigrant invest anything? Sure...they leave their country, their family, whatever...but in MOST cases, it does not seem like an investment in the relationship...it's more of an investment in THEMSELVES, and getting a better life for themselves and for the things, situations and people that they left behind.

It's unfortunate...but you aren't the first and will not have been the last victim.

I am in no position to dispense advice about trying to rehabilitate the relationship, because I have been trying to rehabilitate one that was abusive in its own rite...and I often ask myself, "why?" If I were dispensing advice to myself, it would be to RUN! But it's not that easy after you've invested so much, so I, along with others, no doubt, understand your reluctance to let go, but it's the only way. Cut your losses now...no matter how good the potential. They won't change...and what's happening now will happen again and again and again.

The first rule about holes: when you find yourself in one, the first thing you need to do is STOP DIGGING.

Good luck! You can still withdraw the Declaration of Support if the green card has not yet been issued...they'll get the green card regardless because of the I-360...but, if you disavow the support, at least you won't be on the hook.

You can do that? Wow.

Many are gaining citizenship thru this method. Unfortunately the Alien files this without the US CitiZens knowledge, and once filed the US Citizen is shut out of their case, many Countries know about this method, not to mention the American laywers here.

It's pretty much guarenteed benefit winner, unless you can beat your immigrant spouse to the immigration office with a letter of your own and have people that are aware of the abruse you suffered send in affidavits into the immigration office, not you but them.

Once an I-360 is filed, by law , anything the us sponsor ( accused abruser ) sends into the office can not be considered against the I-360.

So have others send in information in your behalf, if you think an I-360 has been filed.

( Stating information I got from a fraud investigation officer )

she is claiming abuse on u but she is still living with u? i dont know how she can claim abuse and go back on living with u and have immigration believe her.

Actually the VAWA Act was established because of this very situation. Before VAWA, many aliens that were subjected to abuse at the hand of their sponsors, were forced to remain in the abusive relationship because to leave would mean an automatic end to their immigration options. The VAWA Act does not require that the alien be divorced from the abuser, nor does it require the alien to have separated from the abusive USC spouse. At least not directly, anyway. Furthermore, the VAWA process is a two-step process, the first being the submission by a battered alien, for a prima facie determination. That determination only begins the journey, and often times the alien has no opportunity to support him/herself until the I-360 is reviewed and approved (if they submit a compelling enough claim, that is), later. It is only once the I-360 has been approved and if USCIS declares the alien has deferred action status, that the alien can attain an EAD, and presumably get some sort of income to be able to sustain outside the marital home.