Hello, looking for advice to see if anyone has been through a similar situation.

Briefly, married K-1, spouse lied frequently and once she obtained a job, sent her family money while I paid for all expenses. Then, after I told her that I wanted a divorce after about 6 months, she alleged domestic violence, of course in order to remain in the country under VAWA. Unfortunately for her, judge immediately dismissed the charges and the Protective Order was changed to a peace bond - all of the allegations were false but she didn't care, she doesn't want to go back to her country and as a woman, she can put herself in a better position just by alleging these things.

A nightmare for me and I am the real victim here. At any rate, as mentioned above, I suspect she will file under VAWA as a battered spouse.

Now, how do I establish that her allegations are completely false? Write a letter to INS? Frankly, I don't care whether she stays here or not but for goodness sakes, I can't be labeled as a "batterer" just because she wants to remain in the country, my word! The state court already determined that I am not.

Any advice other than see an immigration attorney is much appreciated and I sincerely hope no one will ever go through what I had to go through.

These stories are becomming more frequent on VJ. It makes me so sad.

Have you already filed to adjust her status?

Get a copy of the court judgement from the court clerk.

So sorry to hear of your pain.... I'm not sure how she can file as a 'battered spouse' if you have been exonerated... I would agree that sending a copy of the court decree would definitely be in order.

Let us know how things work out for you.

Jen

She won't be able to file for VAWA, since you were cleared of all charges by the judge.

Just make sure you send everything to the 'CIS asap, claim fraud and include the court's final decision.

My ex-wife from Argentina did me the same way. I got her to drop her charges, and off she went back to her home country, after I accused her of fraud to the 'CIS and withdrew my petitions.

so very sad.

see the information at the bottom of every page here about how to contact ICE and report her.

Thank you everyone. Dmartmar, is there certain language or evidence I need to submit to support the fraud charge, or just send all of the relevant facts?

How do I request to withdraw my petition or sponsorship since we had already been married for about 7 months?

Sorry for all of the questions but if you can provide additional guidance, it would be greatly appreciated. I can't really afford to go to an attorney.

Make an infopass appointment with your local USCIS office. When you go there tell them what happened, they will give you a form to write it all down on, provide them with all the proof you have and request to withdraw the I-130 petition. Once that is withdrawn, then there will be no basis for her I-485.
Good luck to you.

So sad to hear what is happening...You got some great advice here... Good luck...Dorothy

Get all your evidence together and report her to the USCIS and DOS. As stated above, withdraw your adjustment paperwork. Just make sure your paperwork is correct in it's allegations. Make sure the court documents are signed and notarized. Good Luck.

so sorry to hear about that and i feel really bad because she is peruvian. But i really think she needs to come back to Peru, i cant believe she is doing all that to you. Good luck in everything

OLY AND DIDIER

Being a realist here, a copy of the court judgment would only disprove battery charges. VAWA claims can be based upon emotional abuse and if she's determined then that's likely the route she could take.

To remove the application, you would need to write to the Service Centre and local district office, requesting that the petition and corresponding Affidavit of Support be withdrawn. Time is of the essence, since once adjudicated, the I-864 will be valid and irrevocable unless you can prove fraud.

There is no I-130 petition. She came on a K1.

US citizen spouse can request that they be relieved from the AOS application and the I-864, if the basis for adjustment is no longer a valid marriage, alien would be unable to adjust.

Thank you. When writing to the Service Centre and Local district office, what evidence should I include, or on what grounds can they approve my request that the petition and affidavit be withdrawn?

Or should I just write them immediately with my request and then submit evidence later?

You're in the midst of adjustment phase, but it has not been adjudicated. A terminating marriage preempts successful adjustment, and since she entered on a K-1, she can only adjust through you. However, if you have documentation that demonstrates that her intent was not bona fide from the beginning, it is always wise to present it. After adjustment has been approved, then evidence of fraudulent intent and a finding by USCIS of fraud, would be the only means to be relieved from the Affidavit obligation.

Post script. "A" number and any NOA Receipt number on all items sent to both locations, to make sure it all gets to and stays in the appropriate file.

Your situation is completely different than mine. Since yours involves a divorce and mine doesn't, I suggest you consult an Immigration atty. The only similarities are the abuse charges brought upon us by our immigrant ex-spouses and the outcomes in both cases.

Even though my ex-wife voluntarily left the US back in Nov. of '05 after dropping every domestic violence charge she brought against me in court and me being successful in withdrawing all of my petitions with the 'CIS, to this day we're still legally married.