SPOUSE USED THE VAWA TO GET GREEN CARD THROUGH LYING TO USCIS

[Donna A 4]

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.

[diadromous mermaid 36]

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.

[Hopeful diva 99]

On 29 January 2008 at 1:29 PM, angelic said:

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.

7 years later! How did this end up?

[Ontarkie 13,925]

~~The OP of this thread has not been on since 2009. Please do not resurrect old threads. Thread locked to further comments.~~