VAWA records

[geowrian 22,335]

The requirements for doing ROC with the abuse waiver is different than that of domestic violence in a criminal or family court.

[Boiler 43,430]

1 hour ago, HawaiiFarmer said:

Thanks all.  I understand I won't have access to her VAWA petition.  Damara:  what I'm saying is the case seems to be more than just about marriage annulment due to fraud, I believe it could/should be about VAWA fraud and welfare fraud.  Absconding with our unborn child with no intention of coming back right after you get your green card is marriage fraud; but false abuse charges seems to be another.  I want to show that even though domestic violence charges were dismissed in Family Court over a year ago, she still went ahead with a VAWA petition, and she continued to receive welfare money for women fleeing domestic violence (and for our son, too, even though I now have him half time).  There's no restraining order.  I wonder if I can get her welfare applications, too.  Thank you.

If you are going to act pro se you really need to pay attention to the replies you have been given, there is no VAWA.

 

If you think you need to report the Welfare aspect, how do you know these details?, then you need to report what evidence you have to the appropriate authorities.

[HawaiiFarmer 3]

OK, thank you, my error, ROC due to abuse, not VAWA (learning every day).  Just the other day I got a message from DCSS to start repaying the money she was getting from Adult Protective Services for herself and our son.  Haven't spoken to case worker about it yet

[Going through 5,668]

5 hours ago, HawaiiFarmer said:

Just the other day I got a message from DCSS to start repaying the money she was getting from Adult Protective Services for herself and our son.

Division of Child Support Services can do a settlement program if your concern is how to pay it off.

Edited April 22, 2018 by Going through

[Villanelle 4,121]

Do not mix up family court (which is civil) with criminal or immigration court. The annulment hearing is a civil family court matter. Things may come up in it about welfare fraud and immigration fraud but they wont take action to prosecute her for anything. For action to be taken  someone would have to bring it to the attention of the appropriate court/authorities. (that person would probably be you since the clerks/judges in family court typically dont refer to criminal court)

 

I agree with the comments about you needing to get better informed since you are doing this by yourself. Im not trying to discourage you but have you thought about what you are doing? Have you played out the possible outcomes/scenarios in your head? Are you okay with how things can turn out? If you are granted an annulment based on fraud a few different things can happen depending on where she is in the immigration process. We have established she is going to be filing ROC based on either divorce waiver or abuse waiver. Perhaps she already filed, perhaps shes waiting. She has until her GC expires to file for ROC.

 

Are you okay with separating your child from its mother? Or putting the mother in a position where she has to choose whether to stay as an illegal or leave her child. Children make things more complicated. 

[HawaiiFarmer 3]

4 hours ago, Damara said:

Do not mix up family court (which is civil) with criminal or immigration court. The annulment hearing is a civil family court matter. Things may come up in it about welfare fraud and immigration fraud but they wont take action to prosecute her for anything. For action to be taken  someone would have to bring it to the attention of the appropriate court/authorities. (that person would probably be you since the clerks/judges in family court typically dont refer to criminal court)

 

I agree with the comments about you needing to get better informed since you are doing this by yourself. Im not trying to discourage you but have you thought about what you are doing? Have you played out the possible outcomes/scenarios in your head? Are you okay with how things can turn out? If you are granted an annulment based on fraud a few different things can happen depending on where she is in the immigration process. We have established she is going to be filing ROC based on either divorce waiver or abuse waiver. Perhaps she already filed, perhaps shes waiting. She has until her GC expires to file for ROC.

 

Are you okay with separating your child from its mother? Or putting the mother in a position where she has to choose whether to stay as an illegal or leave her child. Children make things more complicated. 

Thank you for your response/questions.  I think about what I'm doing everyday/always.  It's all I work on for the past 2 years since my wife left Hawaii.  Since moving to California last Dec 1, I'm a single Dad half time and trying to learn/do family law the other half.  I'm a civil engineer by training, no law experience at all.  I knew nothing of fraudulent abuse charges, most of what I know now I've learned from voif.org.   I'm not opposed to having an attorney (and if anyone has any recommendations of one in the Bay Area please let me know), but as I wrote I don't have money. 

 

My wife is too dishonest (and disrepectful) to co-parent, she's always trying to trick me and get me in trouble with fraudulent charges, and take every penny she can get as well.  For example, last Saturday, when doing our court-ordered skype call, she saw our son was a little under the weather.  She demanded I take him to the hospital, I told her that wasn't necessary.  2 hours later 2 policemen knock on the door of the apartment I'm subletting for a welfare check.  They saw my son sleeping soundly and said thank you very much.

 

Her relatives here in the Bay Area are very dishonest, too.  They helped my wife steal our son and take him to another state.  Her Uncle would say to me "I want your son to grow up in my house, not yours".  After our son was born, she and her Uncle gave me an ultimatum that she take our son back to the Philippines for a year or I get divorce papers, it was truly disgusting.  That's certainly no marriage. And I didn't even know at that time that she was already taking food stamps and welfare, she was lying and telling me her Uncle was supporting her. 

 

I love my son and he means everything to me and I know he will suffer if he loses his Mom, but I was always very kind to his Mom, and she stabbed me in the back so bad.  I guess she was never interested in living on a rural farm.  I've now had to leave my home and farm and lose all my savings.  I fight her lawyers suing me for the I-864 all the time.  I just got a bill from Dept of Child Support Services (DCSS) for $10,000. I will speak to them tomorrow about starting a fraud case.  I've been asking the Court since the beginning if I should contact the Welfare Dept, but never got any response.

 

My wife's conditional green card expired Jan 2018.  I believe she filed ROC based on abuse last summer (still after the domestic violence charges were dismissed in Family Court), her lawyer accidentally told me that and that he believes she's guaranteed to stay.  I believe the application is still pending.   Believe me, I understand how complicated this is, by far the biggest challenge of my first 52 years (and my wife is 42), and it's the only child for both of us.  Mahalo.

[Villanelle 4,121]

Have you contacted USCIS at all? If she has ROC pending based on abuse she doesnt need to be divorced. But if you get an annulment based in fraud theres nothing she can do to stay (even with the help of an attny). You should advise USCIS that theres an annulment pending because of fraud. (and when you get it send a copy to them). I dont want to get too involved in your business but if you need help with something let me know. Some things are best discussed on the public boards so others can learn from it, other things are best discussed privately. 

[Boiler 43,430]

Annulment does not stop her removing conditions.

 

One thing I was wondering about, she filed for divorce nearly 2 years ago and it is still ongoing?

[HawaiiFarmer 3]

4 hours ago, Damara said:

Have you contacted USCIS at all? If she has ROC pending based on abuse she doesnt need to be divorced. But if you get an annulment based in fraud theres nothing she can do to stay (even with the help of an attny). You should advise USCIS that theres an annulment pending because of fraud. (and when you get it send a copy to them). I dont want to get too involved in your business but if you need help with something let me know. Some things are best discussed on the public boards so others can learn from it, other things are best discussed privately. 

I have written to USCIS twice, once to my Field Officer in Honolulu last August and once to Laguna Niguel, CA, when I sent in my address change last December.  I mentioned annulment and the abuse charges being dismissed, but mostly talked about "no good faith" in our marriage.   I didn't formally request an annulment until Jan 2018 (I didn't know how to do it until I moved to California and took advantage of the self-help center).

From Honolulu I just got a form letter saying thank you for the info and consult an attorney regarding your family problem.

From CA, I didn't get any response, although they did acknowledge my address change.  Who were you thinking I'd contact, Damara?

BTW, Damara, I had tried to pm you but it was denied for some reason.  I'm always wondering if telling my story on a public forum is wise,

but I get the best info here and I figure I have nothing to lose with telling the truth.

 

Boiler, my wife filed for divorce Jan 2017 in pro per and we started proceedings in March 2017.  Originally she wasn't asking for the I-864, but sole custody and abuse charges.  When abuse charges were dismissed and joint custody ordered, she then found a legal team to help her with Immigration in return for money generated from the I-864. The first lawyer she had was suspended last October for reasons unrelated to our case.  She then got a new lawyer, so all of these things have dragged it out.  I'm just learning as I go and the Judge knows that (she's a pretty new Judge, too). And me moving to CA last December had a big impact on the case.  Most of the time we're talking about child custody and support.  As I wrote above, I just filed for annulment this January.  That hearing has been postponed twice now, now scheduled for May.  Thank you for your time.

 

3 hours ago, Boiler said:

Annulment does not stop her removing conditions.

 

One thing I was wondering about, she filed for divorce nearly 2 years ago and it is still ongoing?

 

[Villanelle 4,121]

I sent you a message on here. You should be able to respond.