help with vawa petition

[debs12 0]

Hi All,

I am married to an American citizen and here in America on a K3 visa. After a year long abuse and some stays at shelters, I finally filed for a protective order, and then for my petiton under VAWA. I recently got my work permit, and prima facie for the Vawa case has been determined. What happens when the prima facie for the case I-360 has been determined?

It is a second marriage for both me and my husband. My husband had become friends with my ex, and now obtaining false accusations from him and defaming me. Can he jeoparadize my VAWA case by submitting these accusations from my ex husband?

Please help.

[Eric-Pris 1,602]

I've noticed people contacting USCIS with all kind of allegations/accusations you name it...some even produce very solid evidence of fraud committed by alien-spouse, yet still USCIS has had done nothing against those alien-spouse.

It's good to know that the government doesn't do jack sh** even when solid evidence of fraud is handed to them.

This whole VAWA process is an insult to all of us who went through the process the right way.

[surferita 1]

Yes, laws like VAWA and IMBRA should be repelled. 98% of VAWA cases are fraud. When an alien cannot obtain a green card thru the help of his/her US citizen spouse, then that person ALWAYS files VAWA case no matter what. Why? Because VAWA is the only option s/he would left to have a green card by. They all shout-ABUSED. They make all kind of stories you name in the book and arrange all kind of documentary evidence. In the US, courts ALWAYS give a restraining/protection order to every woman once a woman asks for it...regardless of her allegations were to be proven or not despite of domestic violence laws state that allegations must be proven. I'm talking here first hand experience on this in many states...eye-witness. Most of the times women use restraining order to get advantage in divorce case and if a woman is immigrant then she uses the restraining order for VAWA case to prove an abuse.

Whenever a marriage falls apart, there is always a mental anguish or disagreement, which has nothing to do with mental abuse. But people use such disagreements and separation to prove their mental abuse for VAWA case. It's a piece of cake to fabricate documents for abuses to prove abuses. USCIS don't even verify nor investigate them. In Russia, every mail order brides sites explain to those ladies how they could obtain a green card in the US without marrying with a US citizen for long...which is just by virute of marrying with a US citizen. They are taught what to do and how to arrange documents from the beginning. There are many organizations who wrote articles and made tv documentary on how this law is being misused by aliens. But Congress has been ignoring it so far. Again, 98% of VAWA cases are fraud.

Congress not only have been ignoring all the reports on VAWA law but also made another law-IMBRA which jeopardize American citizen's fundamental right to marry anyone and anytime because now American citizen can petition for K-1 visa only three times in his life time. Also, there must be a gap of 2 years between each petition. Also, each American Citizen MUST need to disclose all their criminal past along with any history of domestic violence to their foreign prospective spouse before even courting her/him...and consular officers will let the foreign prospective spouse about the criminal and domestic violence past of American citizen befoer issuing Fiance/marriage visa to foreign person. This is a complete violation of fundamental rights of an American Citizen. Who is govt. to decide how many times one should marry or petition? Who is govt to force American citizen to disclose his criminal past and even history of rerstraining order to foreign prospective spouse? Not many people are raising their voices...that's why our Congress people are doing whatever they want. They are caring more about foreign people than American citizens. Foreign people have more rights than America citizens now. Shame on our govt. Both these laws should abolished/repelled.

unless you have a husband that extortions you like mine, he encouraged me to get my greencard and after he abused me and i refused to go back with him after taking all my money from the joint account and closing it he accused me of marrying him for the only purpose of a green card, ugh!

[TBoneTX 43,020]

I can assured you that you will get approved in the end. I guarantee you.

Not to dismiss your past experience, your VERY interesting insights, or your worthy comments about constitutionality, but predicting the future is almost never a 100% certain endeavor. Perhaps it is most accurate to say that "on the basis of my observations, there is an extremely high probability..."

[surferita 1]

unless you have a husband that extortions you like mine, he encouraged me to get my greencard and after he abused me and i refused to go back with him after taking all my money from the joint account and closing it he accused me of marrying him for the only purpose of a green card, ugh!

I don't think you have read well or comprehend what I stated above especially these points-

Whenever a marriage fails based on hostility then both parties accuse each other for all kind of things, and it's so true when it comes to a marriage between a US citizen and an alien. It's normal for one party to accuse others for all kinds of bad deeds because it happens in every relationship when it gets failed because of hostility, but that doesn't mean there were abuses which are required to sustain for VAWA case. I mean, if my relationship or marriage gets failed because of whatever reason then obviously I expect my gf/wife to blame me for that and I would be blaming her for the fall of our relationship...It's normal. Very rarely one party admits of him/her to be the reason for a relationship to fail; otherwise they all blame other party.

So what happened to you in the marriage might not be right but it is normal as it happens in every relationship, believe it or not, sooner or later, but alien-spouse immediately sees an opportunity to get a green card thru their "fairy tales" of "abuses" because they know that this is the ONLY option left for them to obtain a green card. I wonder where were all these s-called "abused" people when there wasn't VAWA law? I never heard then people making such kinds of stories. That's why this law should be repelled; or USCIS should investigate this kind of cases very carefully and here out both persons based on their evidences.

There is always a two sides of any story then why USCIS only hears one side of the story and only from alien-spouse? Just say that I accuse you for stealing my money then how would you feel if court will automatically convict you based on my allegation alone without giving you any opportunity to defend yourself or without hearing your version of the story? I bet you would never like that idea but then why it's okay to believe you and your story without listing your husband's?? Again, it's not you; rather govt. who is responsible for immigration fraud and they know it very well as they are the one who say that 97% of VAWA cases are fraud.

If you would have had not married to a US citizen, you wouldn't have been eligible to file VAWA even if you were living with him as his gf....and then I wonder which laws could grant you a green card even though "abuses" were to be there?? For example, just think I'm an alien and has an American girlfriend. She abuses me terribly every ways she could but I won't be able to file VAWA even though I get abused because I need to be married in order to file this application. So did you see the difference here- abuse alone is one thing, while immigration thing is another, but alien-spouses are misusing this law widely for their own selfish motive in the name of being "abused". I've no idea why govt is allowing aliens to live in this country based on abused alone when people have been migrating to this country based on family unity, employment and other reasons but not on the basis of being "abused".

I didn't know that extortion was allow in the US...I mean, how ###### up is my husband to tell me to pay him in order to help me finish for a green card process that we both started together and he knows and I paid for my paperwork.

He has ripped me a lot of money that now I know I don't want to go after, like rent, internet bill, car insurance.

I know now that my husband is totally insane and I got a transcript from court the other day saying what mental problems he has and how many medications he is taking since I couldn't get it directly from his doctor for being illegal.

i blame him for a lot of things but there is a difference for blaming him for taking money or cheating and a different one for extortioning, beating, threatening, etc

[NArocks 13]

surferita, please also post this in the major effects section they are people who post here that have also gone through the VAWA filing and can give and gain insight.

Effects of Major Family Changes on Immigration Benefits

Edit I wish you the best

Edited July 1, 2009 by NArocks

[surferita 1]

I didn't know that extortion was allow in the US...I mean, how ###### up is my husband to tell me to pay him in order to help me finish for a green card process that we both started together and he knows and I paid for my paperwork.

He has ripped me a lot of money that now I know I don't want to go after, like rent, internet bill, car insurance.

I know now that my husband is totally insane and I got a transcript from court the other day saying what mental problems he has and how many medications he is taking since I couldn't get it directly from his doctor for being illegal.

i blame him for a lot of things but there is a difference for blaming him for taking money or cheating and a different one for extortioning, beating, threatening, etc

Your husband's mental status or any kind of medical situation has nothing to do with VAWA law nor it gives you a right to stay in the country. So what if he has some kind of mental status?? That's his problem, not anyone else. And if you say that his mental status is the thing that caused him to do things that he did to you then you should have left him which you might have done so eventually but then again it has nothing to do with immigraiton/VAWA and hand a green card to you on a silver platter.

Secondly, if your husband has used you for money then yet still it's not that kind of abuse that Congress intended for a VAWA to be invoked. Don't you know that whenever a marriage (or even any kind of relationship) breaks up in hostility then each party blames other one and accuses with tons of allegations? So just because one person has used other in the relationship then that doesn't mean VAWA should be invoked or the alien-spouse automatically gets the right to have a green card on a silver platter. If you think he has used for money then go ahead and sue him in either divorce court or in a civil court....What this money issue got to do with VAWA?????? In most relationships, people do use each other for one thing or another, believe me. Some use other for money, place of stay, sex, other services or whatever, and do you think VAWA should be invoked whenever an alien gets used????? VAWA law was not made for whenever an alien is get used; instead this law is made when alien spouse get abused in other way. As per your analogy, it seems to me that whenever a marriage breaks down between an alien and US citizen before receiving a green card then US govt. just should give green card to alien-spouse no matter what because they will ALL say that they were either abused or used, right???

Rather than talking about money, money, money, money; just talk about abuses, alright. Did he hit/beat you? If so, do you have police report? Was he arrested for that crime? Were you physically injured by his abuses? If so, did you go to doctor to get medical attention than just going to a therepist?

Well, according to the doctor that they sent me to make a detail report of the psychological damages that my husband has caused me, at the end, when your husband has hurt you so much but he knows that he can't touch you anymore because he would get in too much trouble, what's the last way he can try to hurt you? yes, trying to deport you so yes, i think that at VAWA they shouldn't listen both parts.

I'm so sorry that you think that they should beat us up almost to kill in order to get a green card, I don't think thats how it works, since even money control in order to apply for VAWA is an abuse if you didn't know.

an allegation is something else than having statements from the bank where i have put my money and he has taken it.

And i'm really sorry, i'm European, i had a normal life, a student visa, my family is in a good status, never been arrested and i had never dreamt about having such a nightmare marriage in my whole life, i wasn't desperate to get marry or needed it neither, i was totally legal.

And there is a difference between saying i got abused and having reports from housemates, and other parties who saw it. Anyway, i got a transcript from our court hearing and he admitted not taking his medication, having mental problems and doing things that he doesn't remember after so even if he could defend himself my lawyer said that a person like this is not trusted as a witness.

[Chica Yeyé 41]

Hey dude, back off. Why do you get off on harassing the OP? ####### - reported for insulting a VJ member. Oh, and read the TOS before keeping on boasting about your being an attorney. Pay for your own website and GTFO.

[Bobby+Umit 161]

Moved from AOS to Effects

[NArocks 13]

Your a Supposed attornry? Do you get off on making others feel small? Does that make you the big man on campus? Well not here bud. Please STFU and like stated earlier GTFO. I am sure the OP does need to be harrassed anymore than she already has by he SO.

AS for the OP, Keep going girl. Now that you have been moved to the right forum there will be plently of people who have been through this and worse and will give you the support you are entitled to. My heart goes out to you. Keep Strong honey.

[Kathryn41 3,205]

Heavy handed attacks against the OP and others in this forum are not in the spirit of VJ - they do not help and they are not appropriate. As well, please try to provide responses based on the actual evidence provided and not on personal opinions or prejudices about how you interpret the evidence as that becomes misleading and unfair to the OP. Please do not insult or harass each other - continuation of such action will lead to this thread being closed and suspensions handed out to offenders. This forum is to help provide useful information for those in need, not a forum for power struggles.

Edited July 1, 2009 by Kathryn41

[NArocks 13]

Hey dude, back off. Why do you get off on harassing the OP? ####### - reported for insulting a VJ member. Oh, and read the TOS before keeping on boasting about your being an attorney. Pay for your own website and GTFO.

Listen, you can report whoever you want to, as if I care, right? If any of you cares so much of "being harrassed" then don't come on a public and discussion board wherein people would give their opinions whether you would like it or not. And before you open your mouth, learn to know what constitutes an harrassement. And I also know where to forward all these threads if I like to. Anyway, the difference is- I don't like to talk with little people; instead I let big guys to take care of them by forwarding their postings.

There are TOS you agree to when signing up to this particular sight. And treating people in the manner you have not just here but elsewhere on the boards is totally uncalled for. And you are going to send our stuff where? To big Brother? {{{{shaking}}}}

Forward mine at will bud what are they going to do deport me to Chicago?

OP please come back we are here to be your shoulder if needed

[Chica Yeyé 41]

Hey dude, back off. Why do you get off on harassing the OP? ####### - reported for insulting a VJ member. Oh, and read the TOS before keeping on boasting about your being an attorney. Pay for your own website and GTFO.

Listen, you can report whoever you want to, as if I care, right? If any of you cares so much of "being harrassed" harassed then don't come on a public and discussion board wherein people would give their opinions whether you would like it or not. And before you open your mouth, learn to know what constitutes an harrassement harassment. And I also know where to forward all these threads if I like to. Anyway, the difference is- I don't like to talk with little people; instead I let big guys to take care of them by forwarding their postings.

I did and will continue to do so. This is NOT your website. It has an Admin, quite capable. You are being insulting to the original poster, and I will not just shut up about it. For a lawyer, your ethics are quite pedestrian... and contrary to many Bar Associations Codes of Ethics. As for "forwarding threads", knock yourself out Oh, and learn how to spell, comes in handy

[Kathryn41 3,205]

I will not allow this thread to degenerate into a bickering contest. If you have nothing further to offer in assistance to the OPs inquiry then please do not continue to post.

[Captain Ewok 1,857]

As one of our Moderators said, the type of attitude discussed is just not what VisaJourney is all about. We promote a helpful and friendly community. Will we always agree -- not. When that happens though there is no need to be rude or otherwise insulting; there are more adult ways to politely disagree and come to a consensus (or simply chose to ignore the other people).