Adjustment based on marriage

[Coffeesoul 0]

Hello everyone!!!

I am hoping to find a useful information here.

Me and my husband got married in January 2015. We still didn't file for my adjustment. My question is will i have any problems with an interview if my husband's ex wife filed her adjustment with VAWA? I can tell that she was planning it since the second month of their marriage because we found some information on my husband's computer in her folder which she forgot to delete. She made a case that he was abusive and she was in a fear for her life. The internal affairs investigation has been made and the results: NOT SUSTAINED. They got a divorce and she didn't get anything from it plus the Judge called her a liar. She still tries to ruin his career and a couple months ago we have been in court again where she lost. She has no police records which show that he was abusive to her, she has no medical records with injuries, but she has a DUI because she has problems with alcohol and also she works in a strip club, but she claims that she is a high moral character. My question is when i will adjust my status can her story somehow affect our family?! Will the officer look in my husband's previous marriage or it does not matter?

Thank you very much. Any information will be useful )

[Dashinka 23,247]

I think the main thing is that you show that you and your husband are in a bone fide marriage. Of course, he will need to provide documentation regarding his first marriage and the subsequent divorce, but if he has no police record to his name you shouldn't have any issues. I would make sure you keep and have ready any court proceeding documentation showing how he was judged in case the question(s) come up, but I wouldn't offer any additional information unless you are asked.

Good Luck!

[aaron2020 11,651]

Hello everyone!!!

I am hoping to find a useful information here.

Me and my husband got married in January 2015. We still didn't file for my adjustment. My question is will i have any problems with an interview if my husband's ex wife filed her adjustment with VAWA? I can tell that she was planning it since the second month of their marriage because we found some information on my husband's computer in her folder which she forgot to delete. She made a case that he was abusive and she was in a fear for her life. The internal affairs investigation has been made and the results: NOT SUSTAINED. They got a divorce and she didn't get anything from it plus the Judge called her a liar. She still tries to ruin his career and a couple months ago we have been in court again where she lost. She has no police records which show that he was abusive to her, she has no medical records with injuries, but she has a DUI because she has problems with alcohol and also she works in a strip club, but she claims that she is a high moral character. My question is when i will adjust my status can her story somehow affect our family?! Will the officer look in my husband's previous marriage or it does not matter?

Thank you very much. Any information will be useful )

Working in a strip club is legal. Why would working in a strip club means a person does not have high moral character? Just because a person is a stripper does not mean per se that the person is not of high moral character.

[Transborderwife 4,666]

Working in a strip club is legal. Why would working in a strip club means a person does not have high moral character? Just because a person is a stripper does not mean per se that the person is not of high moral character.

I was just about to post this myself.

[Coffeesoul 0]

The focus of this post wasnt that she is a strip dancer it's her own choice, but yes telling lies in court and making a fraud case shows me a lack of moral qualities.

[KayDeeCee 4,891]

What visa are you adjusting from?

[Villanelle 4,121]

The focus of this post wasnt that she is a strip dancer it's her own choice, but yes telling lies in court and making a fraud case shows me a lack of moral qualities.

This is an interesting statement. I think its important to keep in mind that everyone has their own standard of what is moral/ethical and by the same token so does USCIS. The standards will vary../

Anyway I agree with Kay that if you provide some more information about your situation we can give you specific advice on how your case may be viewed (but thats totally up to you) like what type of visa you are adjusting from, if the VAWA was successful and how long ago, the timing between the marriages/length of relationships/etc

But I get what your question is- Basically USCIS is going to look at your relationship and determine if its bonafide and you are worried that your husband is going to be considered morally corrupt and unable to make sound statements because hes labeled an abuser due to his VAWA involvement.

The technical answer to this concern is the VAWA case belongs to the immigrant who filed it and should have no impact on the USC/LPR who was named as the abuser. They are not prevented from petitioning again nor should have any direct adverse effects from the VAWA. They were simply named as the abuser and that was it.

However with that said there are invisible ties that bind people that can not be undone and since your husband had previous involvement with the immigration process with someone else that fact is not going to be overlooked. It will be considered when evaluating your bonafides in a limited capacity. Whether it was a VAWA case or a standard case- the same notion applies.

When you file for benefits for multiple people (spouses) they do look to check its not a pattern of fraud (bringing people over for benefits and then divorcing.

Another note about VAWA, Its completely confidential so they will not discuss or even acknowledge that the immigrant in question (the ex spouse) even filed a VAWA- its that confidential. So any evidence you have that it was a false claim is going to fall on deaf ears. It has nothing to do with your process.

If spouse number one came on a K visa and filed for AOS and stopped mid way through and converted to VAWA- then public record so to speak is the fact of the K visa and the AOS process that was started and then it simply stops and goes into a black hole of we can confirm or deny any activity of this person after the fact.

So with out knowing what visa you are on- Im going to assume your spouse will be filing the 130 for you which basically establishes the relationship and then the AOS is your process where they will evaluate the bonafides of your marriage taking into account all the circumstances of it.

For someone they may suspect is an abuser they can- depending on the adjudicator- if there is an interview, they can ask questions about the previous relationship. See how much you know etc etc. This can be done for two reasons. One to protect you in case you didnt know. While they cant specifically state we know the story to have played out this way based on evidence in the VAWA file, it can prompt you to question your relationship if the adjudicator is grilling you about dates and times of the previous relationship and they are not lining up with what you believe is the truth as you were told by your beloved. And two if you do not know the story it is a reason for a potential denial if you go into an interview and seemingly know little about your spouse and can not answer what they consider to be basic questions and 'fail' the interview.

So the advice to someone who states they were falsely accused of VAWA is to make sure their new relationship is fully aware of the details and is prepared for an interview to address any concerns about the previous relationship and why it failed. You seem to have that covered.

It has also been discussed/debated that if one has multiple VAWA filings against them that they will most likely have a very hard time getting petitions/processes ultimately approved due to the techniques described above. Your situation is not in the multiple category. It was one and unfortunately it can happen that some people abuse the system for a benefit.

[Pitaya 2,576]

Hello everyone!!!

I am hoping to find a useful information here.

Me and my husband got married in January 2015. We still didn't file for my adjustment. My question is will i have any problems with an interview if my husband's ex wife filed her adjustment with VAWA? I can tell that she was planning it since the second month of their marriage because we found some information on my husband's computer in her folder which she forgot to delete. She made a case that he was abusive and she was in a fear for her life. The internal affairs investigation has been made and the results: NOT SUSTAINED. They got a divorce and she didn't get anything from it plus the Judge called her a liar. She still tries to ruin his career and a couple months ago we have been in court again where she lost. She has no police records which show that he was abusive to her, she has no medical records with injuries, but she has a DUI because she has problems with alcohol and also she works in a strip club, but she claims that she is a high moral character. My question is when i will adjust my status can her story somehow affect our family?! Will the officer look in my husband's previous marriage or it does not matter?

Thank you very much. Any information will be useful )

~What type of visa are your adjusting from?~

Edited July 18, 2015 by Pitaya

[Coffeesoul 0]

Thank you everyone for shared information. I am adjusting from B2 visa.

[JohnR! 5,495]

Forget about the ex-wife. She shouldn't be of your concern, provided, as you say, her claims are false, lest you find yourself in her shoes as well, as the wife of an abuser.

If your marriage is for real, your only concern should be your own relationship. Legally your husband's divorce must have been final - and recorded in court - prior to his marrying you in January. In some states, there is a waiting period after a divorce, before either party can get married. In short, your only legal concern is whether your husband was legally able to marry you when he did. If so, go ahead with AOS and good luck.

Hello everyone!!!

I am hoping to find a useful information here.

Me and my husband got married in January 2015. We still didn't file for my adjustment. My question is will i have any problems with an interview if my husband's ex wife filed her adjustment with VAWA? I can tell that she was planning it since the second month of their marriage because we found some information on my husband's computer in her folder which she forgot to delete. She made a case that he was abusive and she was in a fear for her life. The internal affairs investigation has been made and the results: NOT SUSTAINED. They got a divorce and she didn't get anything from it plus the Judge called her a liar. She still tries to ruin his career and a couple months ago we have been in court again where she lost. She has no police records which show that he was abusive to her, she has no medical records with injuries, but she has a DUI because she has problems with alcohol and also she works in a strip club, but she claims that she is a high moral character. My question is when i will adjust my status can her story somehow affect our family?! Will the officer look in my husband's previous marriage or it does not matter?

Thank you very much. Any information will be useful )

[KayDeeCee 4,891]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~