agreed, I would start fighting this from now, because this could go on your personal record. I have a friend who can't a job in his field because of something that happened 30 years. Document everything and fight it hard

Just wanted to let you know i am an Immigrant too , i left everything for my Husband back in Germany and yes you right it is not easy i was often Homesick at the beginning and my husband wasn't that much help for me either , but i would never ever attack him for that or hurt him in such kinda way , and no i am not speaking out of anger i am long time over that , the Relationship i was Talking about is 13 years ago , I just think it is Wrong to find excuses for such behaviour , and talk everything nice when it isn't , i think if you would be in such situation you would understand better what the people here are talking about , somebody who never experienced a violent partner have no Idea how humiliating it can be ...

Side bar here, be prepared to present your argument clear and precise at the motion of hearing. In my line of work, working with men to fight these DV (domestic violence issues) can be tough. Women dont take me wrong here, but there is a common practice going on right now, and putting aside what she is really trying to do and YES I HAVE SEEN THAT DONE ALSO, its a revenge act at its finest.

A DV issue is not a felony or misdemenor unless violated. But first the Judge must approve the motion that yes this is probably what happened, and in most cases they do for they want to err on the side of caution. BUT have your police report ready, and all supporting documents. Hopefully the Judge is good and sees through this farce. I am not defending your other half by any means here, just have seen it too much in the last five years and your case smells of falling into the same guidelines. Keep your arguments short and precise.

One item I may say to you that some people do not do. During a Civil dispute as this, as I assume you are to show up in Family Court, could be wrong, but they do not provide Court Reporters to record this issue, just the Judges notes are obtained. In order to file an appeal or to present the case to USCIS at a later date, you may want to have a Court Reporter there for the full hearing review. JUST A HUGE FYI - I had one person who did not and the Judge ruled in favor of the woman's complaint even though the husband presented facts of not even being there at the time of the incident. And he had two witnesses to attest to this. At that point of the hearing, the Judge was not even paying attention. MOTION GRANTED - Restraining Order placed into effect for indefinite time period. He could not appeal, no court reporter.

Good Luck to you but saw this one coming, she means to stay mate, and she is being coached. Also PLEASE NO CONTACT PLEASE PLEASE not even through a friend, only through a lawyer can this be done. HEED THIS WARNING PLEASE!!!

Cheers

Susie

p.s every state is different in how these cases are handled but again in the four states that I have worked with for clients, they are in the Family Courts division. sigh for you.

If the country of where she comes is the one in your profile, we can easily know now that those types of countries function with fraud and corruption; thus,her actions of irrational behaviour she is showing of what you say, has deep roots...she needs counselling...this is what i would ask at the next hearing, or file something like of harrasment that she stops right away to project her mental state with the law on you...Best of wishes!

How do we "easily" know this? And what do you mean by "those types of countries"?

This is one couple's situation - give me a break, stop drawing baseless conclusions about an entire country.

Are you sure you are well informed about what's going on in the world?

True stuff SusieK - how it is and reality, you are right. And this is sure to fire up some people but the truth is that the laws in the USA a great deal of the time are not designed in favor of the man, they are strictly one-sided in favor of the woman in domestic issues, sad but true.

You speak volumes of honest truth knowledge in what you say! So true!

What news source has published anything having to do with a link between fraud, corruption, and female domestic abusers in Venezuela or "those other countries"? I hope other Venezuelans or their mates are reading your outrageous claim...

Mystery, I'm sorry you're in this situation - I hope you're getting some support and will see your way out of this soon.

Update:

I went to the Injunction Hearing yesterday and as expected it was dismissed, "no just cause".

The judge, which was male, drilled her and told her that she needed to prove that I was the one being physically abusive on the day she was arrested. She obviously had no evidence, because I never even raised a finger at her. He asked for pictures, witnesses, anything and she had nothing.

The only word that I said in the whole hearing was "no", when he asked me if what she claims was true.

I'm very relieved that I got this out of the way, but so stressed out because this is like a never ending nightmare.....

Now we will wait for her court date in mid January where they'll officially try her for misdemeanor.


Thank you guys for your comments and suggestions

mystery

Excellent news, Mystery. Congratulations.

Very good Sir - best of luck to you in the future issues you will have to deal with - Cheers and sometimes the system does see through this farce as Judges are becoming more prone to grill per se the petitioner on these issues, and yes it is true, total abuse of a law put into effect to protect that has been negotitated for other means.

Again great news!!!!

Outstanding my friend, as much as it bothers me to see this fall out like it has, i know that if you do nothing, are never anywhere you aren't supposed to be, and always do what you are supposed to do, the courts really are fair. I hope you can move on and find what you are looking for.

Regards,

David and Nitadyah

DEPORT HER NOW, CONTACT ICE! This woman does not need to be in the USA at all!

Your like a fecking broken record

one that has been over-simplified to the point of irrelevance

Mystery,


I totally understand what your going thru because my ex-husband took me thru events similiar to yours without the DV ( although he did call the police and clained I hit him ) Once I filed a adjustment of statis he too beginned starting argumemts packing and leaving for a few hours and eventually left for good.

On the day that he left he too filed a restraining order with the courts against me claiming that I was harrassing him and the like, then he didn't show up for court, I think he thought all he had to do was to file one so that he could show immigration as evidence .

I believe my ex filed and I-360 claiming that I abrused him but I can't be sure as you will find out that immigration won't talk about her case to you once you and her separate.

But he too was very abrusive towards me then turned everything around and said that I was abrusive towards him, he has no evidence only lip service, he keeps accusing me of following him around and the such so I can only imagine what he's telling imigration. And u like me are the only person that really knows who was the abrusive one once signed

My heart goes out to u, my ex is still here so far and still lieing on me good think u did call the cops when she attacked u now u do have some form of proof to your story, for many people it's hard for them to believe that a person would go through all that just to get sway from u and remain in this country but it happens often, I believe so many people r so embarrassed that they don't mention it and just disappear from this site altogether and just give their SO the divorce they wanted why all the while knowing that they infact had been scammed.

Best wishes to u and please keep posting as events occur.

Mystery,


I totally understand what your going thru because my ex-husband took me thru events similiar to yours without the DV ( although he did call the police and claimed I hit him ) Once I filed a adjustment of statis on his behalf he too beginned starting argumemts packing and leaving for a few hours and eventually left for good.

On the day that he left he too filed a restraining order with the courts against me claiming that I was harrassing him and the like, then he didn't show up for court, I think he thought all he had to do was to file one so that he could show it to immigration as evidence .

I believe my ex filed and I-360 claiming that I abrused him but I can't be sure as you will find out that immigration won't talk about her case to you once you tell them that you and her no longer are together, but they should be able to talk to u about your part of the visa process.

But he too was very abrusive towards me then turned everything around and said that I was abrusive towards him, he has no evidence only lip service, he keeps accusing me of following him around and the such so I can only imagine what he's telling imigration. And u like me are the only person that really knows who was the abrusive ones .

My heart goes out to u, my ex is still here so far and still lieing on me good think u did call the cops when she attacked u now u do have some form of proof to bring to immigration, for many people it's hard for them to believe that a person would go through all that just to get away from u and remain in this country but it happens often, I believe many other people could share storied similiar to ours but r so embarrassed that they don't mention it and just disappear from this site altogether and just give their SO the divorce they wanted why all the while knowing that they infact had been scammed.

What's really sad is that I still tried to work things out with this man that I felt was half crazy and he wanted nothing to do with a reunion. So that's when I knew it was really over, and I went on and filed for divorce. My ex-husband was a medical doctor in his country Nigeria before coming here and had been denied a visa from the American embassey a year before he met me.

I too married my husband becasue I loved him, but as it turned out he married for other reasons.

Best wishes to u and please keep posting as events occur.

Congrats on this step!

I'm truly sorry that you've been through this. I wholly understand your point of view and have an abusive wife also. Unfortunately, the police did not take pictures and I don't have the evidence you had for the DV charges. All I have is a police report that most say isn't worth the paper it's printed on.

In the meantime, SHE gets to live in MY house, while I pay HER spousal support and ALL utilities and luxuries in the house (satellite TV, high speed internet, cell phone, home phone, etc.), while we go through the divorce process.

On top of all that, she's somehow managed to travel to California and Lake Tahoe for her birthday in September, to travel to Russia in October to "dump" her daughter there (so she can do what she wants her in Austin TX), and travel yet again to Russia for a Christmas vacation! She's been there for over two weeks now and I have no idea when she's coming back - maybe some time in January.

She's trying hard to get monetary benefits out of our short marriage. I filed for divorce after 10 months of marriage and after she was here in Austin for only 2 weeks! I'm holding out until after December 31st so I can still claim married status on the tax return. And after the bankruptcy is done, then the divorce will be final. DAMN!

I'm exhausted physically and emotionally. This woman was/is very mentally and emotionally abusive and manipulative. She has slandered and libeled me to all she communicates with. I know I'm stuck for the moment. And I can only hope that she realizes soon that Texas does NOT have alimony and she won't be able to afford to stay in Austin. I will NOT be paying for her to stay in the Hilton while she applies for low-paying jobs that she can't get with her inadequate level of English.

Anyways, mystery...
Best wishes on the outcome of your case and speedy recovery from the hurt you have endured.

DEPORT HER NOW, CONTACT ICE! This woman does not need to be in the USA at all! How about a replay just for you!

Austin V! Sorry you do not deserve this, I wish you the best and hope it works out soon for you, that just is so criminal what happened to you. And sadly there are all these waterwalkers on these threads and boards that simply are clueless and out of touch with the cold hard reality that there are and always will be many people trying to commit visa fraud just to get a free ride in the USA or to get that GC. DEPORT HER NOW, CONTACT ICE! This woman does not need to be in the USA at all!

Criminal? Debatable. I don't have evidence about the proposition for her green card, and she refuses to speak about it again. She's definitely getting coaching from people, several people, on how to screw me the most. Fortunately, some of the divorce-related information is just plain wrong. People in alimony states are telling her to get alimony and child support from me. Well, in Texas, that just ain't going to happen, pardner! There is NO alimony in Texas, and the child is not mine - NO child support.

In a way, I wish the child was mine. I would definitely put up a fight to keep her! Unfortunately, third party adoptions, especially during a divorce, are impossible to say the least. The daughter is a beacon of sunshine and happiness and a truly wonderful child. In the two years I've been with her, she's grown very nicely. She's learned the difference between right and wrong, and her love is unconditional. I will still cry when I think about how she (the daughter) would RUN to the door to greet me when I arrived home from work! She would always be screaming "Daddy! Daddy! Daddy!" and then give me a BIG hug that no others could match - not even the wife's! The wife came to the door to greet me a few times, and then stopped and just sat on the couch, typing on the keyboard, sending letters to her friends.

Enough self-pity! I gotta get through this and get on with my life. Maybe there is another woman out there that isn't out to hurt me, but I don't really care at this point. I'm 47; this was my first marriage, and I don't know if I'll want to do it again!

Oh... It's Christmas Eve...

Merry Christmas to all!

I wish it was that simple. I've gone to an InfoPass appointment (for which I waited 2 hours for my "appointment"), and sent documentation to both ICE and USCIS. Not a peep out of them. I really don't expect to hear from their either. They seem intent on taking their time for everything, helping the immigrants get here, but NOT protecting American citizens!

This woman is evil! She is out to hurt anyone when she doesn't get what she wants! She sends me email with photos of us together, pulling at my heartstrings, then turns around in the next few minutes and tells her lawyer that I'm neglecting her (hmm... I made sure she had groceries, house with all utilities paid...) and harassing her (O hadn't even talked to her!). The slander and libel I've endured are rediculous. When she's confronted with even the simplest of questions, her answers are never the same! She's continually lied to me about all financial matters. She collects child support from her ex-husband, her daughter's biological father, AND was collecting "maternity leave" pay from the kindergarten where she worked. She has always refused to tell me how much she received from either (always changed the subject) and accused me of not trusting her. I know! BIG red flags that she's a big problem. Hindsight = 20/20!

Live and learn, eh? Learn not to be hurt again. Sorry, Ladies! I'm off the market... indefinitely!

Now is the time to reflect on what happened and to regroup. It happens so much to both sides, but reading your post, hmmm yes red flags but sometimes with love with turn our head the other way hoping we are not seeing the light correctly.

You will slowly recover, age has nothing to do with this, but time does. It does heal those wounds that seem so deep right now, you will never forget this, but you will move on. You have to for to sit and ponder over what was or could have been is like not living.

I only wish you the very best and when the time is right, someone will come into your life that was meant to be there. It does not mean that you need a SO to be complete for you have to be complete with yourself first.

I help alot of men out with motions and such for court cases, no I am not a lawyer, just do pro bono with court system issues, and feel for you, but again, time will heal you and you will see that there is a silver lining in that dark cloud. Someone once told me that when things were not pretty for me, I did not believe them, but looking back now, how true they were.

Best to you

Susie

Austin, your experience is right. ICE is not a 'deport your spouse when the marriage goes sour' service, and I really wish people would stop giving advice that made it sound like ordering a pizza! It gives people the wrong impression about this process. (Plus, the immediate problem is the divorce proceeding, which doesn't go away with her overseas.) For her to be deported, as a permanent resident, they'd have to find conclusively that she entered the marriage for immigration benefit alone. Which would make her not a permanent resident. This is not easy to show. What statute of her greencard has she broken by being manipulative in the middle of a nasty divorce that you initiated? (I'm a little confused; according to your timeline she came her on a K-3, you filed for divorce two weeks after she arrived.... and then filed for her green card?)

Even though it sounds like she's being really assholish to you and that this divorce is a nightmare, being an assh0le isn't grounds for deportation. Neither is a marriage collapsing.

I don't say this to be mean, or because I think that she can't have committed fraud, but put yourself in the shoes of an ICE person. How many people do you think they get per day calling because they had spat with their partner and want the government to make it go away? People get *nasty* during divorces. People get money-hungry during divorces. There have been American-American couples who have put down their pets rather than let the spouse get custody of them. People can be assh0les without it being a symptom of green card fraud.

I say only so people can try to move on and remember that ICE isn't just going to drop everything and initiate fraud and deportation proceedings on a permanent resident based on a spouse's sayso. Especially when the person is in status, and they have more pressing uses of their limited resources. And even if they did, it's a long process, not just them picking the spouse up at the house and driving the spouse to the airport, patting them on the butt and making sure they get on a plane. (Seriously. A green card holder would just be able to return on the next flight anyway.) There would be court proceedings. Actual evidence required. Time for appeals. This is why USCIS and the State department scrutinize visa applications beforehand; once someone is here, it's very hard to get them to leave.

You've done all you can by notifying ICE. You've done exactly the right thing. I hope you find peace soon and that the divorce wraps up quickly.

I think it is time for members that have not had experience, firsthand experience that is, to cease speculating on what USCIS or ICE would or would not do after a report of suspected fraud is made by a USC, and on what evidence USCIS and or ICE might deem viable to launch an investigation. While I can appreciate members trying to put the OP's interests in the best direction and encouraging a spouse that has been deceived not to have hopes too high, to suggest that USCIS would not proceed with an investigation is also mere speculation.

To prevent further speculation, can you tell us what sort of evidence they might deem viable and what they would do?

'
Quite simply put, the Service does take to heart and act upon a report or allegation from the US citizen petitioner. Taken into consideration, of course, is motivation. And each adjudicator is apprised of the need consider that there are cases where reports are made out of vengeance. However, that does not preclude an investigation, necessarily. And the quality of evidence that would precipitate an investigation varies dependent upon what stage in the process the alien is currently in.

One example of evidence that could precipitate an investigation, is failure of the alien to report a change of address upon separation, after a joint petition to remove conditions has been submitted.

I agree with you, mermaid. I'm for reporting it to ICE, as I've said, just not 'deport her NOW' as a response to every single thread in this forum where someone's marriage didn't work out.

DM- if my wife hasn't reported a change of address even if we have NOT filed a joint petition to remove conditions is that something serious with the USCIS??

I am pretty sure my wife has not reported a change of address. As a matter of fact, my wife has already said that she would not give me or anyone her address because she does not want me to divorce her and because she thinks I would go looking for her to harm her (which is ridiculous).



UPDATE: they changed her court date to 1/28 (it was orignally 1/14). And to be honest a part of me is saying to just let this all go away quickly and let the State Attorneys office offer her "Pre Trial Diversion", and just move on. Let her deal with her situation and thats it.

I just have not gotten any concrete info as to how the Affidavit of Support will affect me. There is a poster "Austin Vangoord" (sorry if I mispelled it), that got slammed by the courts and was obligated to maintain her and give her money. I was reading that he filed for Bankruptcy. Very sad situation.

Perhaps that was me? Austin_Volgograd?

The court that slammed me is the local County Court (Travis County of Texas). They have "standing orders" that are applied to ALL divorces filed in our county. It's not due to the Affidavit, and I hope it never does come to that.

I just want the two of us to go our separate ways and return to our normal lives as best we can. She doesn't have a bankruptcy to deal with, and she can go back to Russia and resume her normal life. Only, she doesn't want to. She's tasted the "good life" of me supporting her in America, and she wants to stay at all costs (all to me, of course)! And I don't think that's right. I had to work my A$$ off for 30 years before I could buy a house. Now I may lose it because of her! That's just plain wrong!!

Failure to report a Change of Address to USCIS by an alien is a violation of the INA, and does bear penalties, but USCIS rarely takes steps to enforce. The filure to inform USCIS of an alien's true whereabouts is, however, more indicative of a potential attempt by the alien of leading USCIS to believe that the marriage is sustaining and viable when it is not.

Here's a fairly clear and uncomplicated example. The Appellate Court in Ohio reversed a lower trial court's disposition of the sponsor's obligation under the I-864. The Appeal's Court took the position on the matter that the alien has a right to enforce the Affidavit of Support.

http://www.co.lucas.oh.us/Appeals/DecisionsPDF/2004.pdf

Thank you DM.

I'm just going to sit back and see what happens.

I'm almos certain that I will try to make things easier for everyone and allow for Pre Trial Diversion, instead of going ahead and allowing them to prosecute her. I will get divorced and move on. What ever happens, happens.....

The link you provided me here and in the PM were very enlightening and opened my eyes as to the seriousness of the Affidavit of Support. In the cases that I read, including the one DM posted the link to, awarded the the decision in favor of the alien. One of them had the USC give $19,000 and continual support until the requirments of the Affidavit were met....

In my case, if that were to happen to me, it would make her richer than me. Only time will tell what will happen to those of us in this situation.....

I used to think this country took care of its citizens. Now, I see otherwise. If my soon-to-be-ex gets a monetary award and continual support, I think I'll be forced to move to another country! I've already been forced into bankruptcy because of her. This woman DOES NOT deserve to be made "rich" because I was stupid and married her for love, when she married me for a green card! I wish I had the proof that she scammed me. I do understand that it is VERY difficult to prove that she married me for a green card. All the evidence I have would be considered circumstantial. What bothers me the most is that she'll get away with it. Any reasonable person would agree, but unfortunately the law would possibly be in her favor.