divorce and changed with vawa claim

[Brian1967## 119]

I am a USC my lovely wife, soon to be ex, I think has filed a vawa claim against me which is false. She attacked me, called the police and the police wanted to arrest her. She went hospital with ambulance and police told me she should be under arrest. Anyway she came home got all her stuff and her daughters things and moved out. The marriage I think was scam she still has 2 year green card. Anyways she went to local DAY office and tried to file charged against me, which did not work, she tried to get protection order which was denied, she tried to get TRIP which was denied. She then went to churches seeking shelter, which none would take her in as she had no proof of abuse. How can she get VAWA claim with no PO or TRO and no proof of abuse? Just some trends who write some lies and some pictures showing me trying to stop her from hitting me. Will she get this claim I have a police report written that says she was the aggressor, I found evidence of fraud in marriage or ( no joint bank account, no lease or pretty in our name and very few assets). She filed for divorce and wants to due me for i864 support already moved in with another guy and I want to put all this in our USCIS file. How can I make sure it gets in file and if she doe a get vawa claim, am on some list to where I fall in love again I cannot marry a foreign national. And since she lives with guy she has known a whole month I think she cannot due on i864 even off she did it would take at least two years before we made it inside the federal courthouse I think can anyone give me solid advice?

[Villanelle 4,121]

If your wife has a 2 yr GC shes not filing for typical VAWA, she would be filing to remove conditions on her own when the 2 yr green card expires.

The GC she was issued was a conditional GC. What that means is its was issued based on your marriage. Its valid for 2 years. 90 days prior to it expiring she needs to file an application to remove the conditions and a 10yr GC will be issued. Both spouses need to file the petition jointly to remove the conditions. However if the marriage failed before the 2yr period, the immigrant can file to remove conditions on their own. They just need to show they entered the marriage in good faith and it subsequently didnt work out. Its called filing for removal of conditions or ROC with a waiver.

You can ROC with a waiver because of divorce (married in good faith then divorced), or ROC with a waiver because of abuse (youre still married but your spouse is abusive and therefore wont participate in the joint ROC process or married in good faith and since divorced but since your spouse was abusive you have no proof of joint assets or a bonafide relationship)

So for your wife. It would depend. She could file based on divorce. She would have to show she entered in good faith and it didnt work out. In that situation she would have to submit the divorce decree and evidence that you resided together during the marriage, joint accounts, affidavits of people that knew you, photos, basically proof the marriage was legitimate and not for immigration benefits.

She could file based on abuse. For that she can claim she has no proof of the relationship being bonafide as you were abusive, therefore she was not on the lease, you had no joint accounts, there are few pictures, no statements from people that knew you as a couple- she was a victim.

Theres no way for you to know which way shes going to file (under an abuse waiver or a divorce waiver) You can submit any evidence you have or think you have to USCIS by writing a letter and attaching whatever relevant documents. However you should be advised that it may not do any good. Whether or not they approve her ROC and issue her a 10yr GC will be based on whether or not she can prove she entered the marriage in good faith and it just didnt work out.

Do you have evidence that she married you for immigration benefits?

In fact Im kind of inclined to think your letter may do the opposite of what you intend it to do. What exactly will your letter say? My wife and I got married in good faith. (Bingo) We lived together happily for a while and then things broke apart. (ding ding) Shes crazy. She attacked me. Her names not on the lease even though she lived here (so you admit she lived there (thats good for her case) We have no joint accounts. I supported my wife and gave her everything and she defrauded me (so youre admitted to co-mingling funds- another point for her)

Also youre not on any list. You can marry/petition any one you want again in the future.

Suing for 864 support is a whole other matter. IMO its a bluff. It would be a very difficult case for her to win and if she is on a limited income, she may not be able to afford an attorney for it. From a legal standpoint the 864 is vague. Its called an affidavit and not a contract. In court that makes a difference. The amount of potential liability, is also undefined. An enforceable contract should have at least an estimate of liability, and here the liability is theoretically without limit.The affidavit is also what you call an adhesion contract meaning the parties were at unequal bargaining positions, you either signed it or you dont get the GC. So she would have a lot to convince the judge that the contract is legitimate and she is entitled to compensation from you under it.

[Brian1967## 119]

Thanks for the reply I really thank you, I have evidence that she was not in marriage for good faith absorber things and statements from family and friends. She did use me for immigration benefits I will write very clear unemotional letter to USCIS stating my position. Heading to mediation her attorney states she knew could sue me so she wants money now, which I will not give to her, her attorney stated she wiill forgo federal claim for money now which is blackmail. But wondering and last question a federal lawsuit Will take at least there years before trial. So I will not pay money she has my car which thought if she's got vawa claim I could not do this again.

[Brian1967## 119]

What is the i360 for then? Never touched my wife except in a loving and caring way. We fought verbally just that night she got physical. And local DA will press charges soon

[Boiler 43,635]

What evidence do you have, you do not mention any?

Edited January 26, 2013 by Boiler

[Brian1967## 119]

What is the i360 for then? Never touched my wife except in a loving and caring way. We fought verbally just that night she got physical. And local DA will press charges soon

[Boiler 43,635]

What evidence do you have, you do not mention any?

I ask again.

[Brian1967## 119]

Do not want mention evidence on a open forum as my ex may be watching also. But I have very good evidence

[little_dreamer 11]

ugh it angers me when I hear these stories.....i wish i could give you advice but I cant...I just wish you good luck and hopefully she wont be getting away with anything but a one way ticket back home~

[Villanelle 4,121]

The 360 is for some one who is self petitioning and as far as I know is only used for AOS. (I do not believe that it is needed when you are filing for ROC and checking off abuse waiver) Again, your spouse has a 2yr greencard. She is a legal perm resident (LPR). She needs to file for ROC to remove the conditions on her conditional GC.

She will be filing form 751 and checking off a waiver box because she will not be filing the form jointly as you are not together anymore. She can choose to check off the waiver for divorce, abuse or both. (although checking both boxes is not recommended because then you have to prove you are both divorced and abused)

You really should not be concerned about the exact forms your spouse filled out, or if she filled out the proper ones. The only thing you should be aware of and take into to account is the following-

USCIS will accept any evidence you submit that the marriage was entered into for the basis of obtaining benefits and weigh it accordingly. That means they will take into account the source of the information- its coming from the ex-husband who is bitter and feels wronged. They will look at the evidence objectively. Is it legitimate evidence? Letters/phone calls/ statements from the immigrant stating her intent.

The burden of proof in ROC lies with the immigrant to establish the marriage was in good faith and not for benefits. They are very aware that someone who would commit fraud for immigration benefits would also have no issue in committing fraud to file a false abuse claim, so if you have documentation showing her attempts to file false abuse claims, submit that and clearly word it as such. 'attached are proof of incidents that occurred where the immigrant attempted to file false abuse claims against me, this is what happened, the police didnt buy it, the DA is pressing charges for filing false reports' or whatever went down. It will be clear the immigrant has a pattern of fraud and make them less likely to believe her claim of the marriage was in good faith.

Again, theyre going to base their decision on what she says in the interview (if she has one- if its an abuse waiver she most likely will have one) looking at whether or not she submitted proof that you lived together and co-mingled things during the marriage (thats an indication the marriage was legitimate (if she was a victim of abuse she may not have those things) statements she submits from people that knew the two of you, photos she submits that shows the two of you together, the divorce decree (because it can show how you divided your joint assets and how the marriage was terminated) any any evidence you submit that contradicts her evidence.

For the 864. Like I said IMO its a major bluff and her lawyer is using it to intimate you into bargaining for a better settlement for her. There are very few cases where the 864 was actually successful in a civil law suit. You would be hard pressed to find many examples where the immigrant sued the USC and won. Its costly and its a difficult case. Were not talking about a lot of money here either. Were talking the difference in money she earns and the poverty level guidelines. Theres a lot of 'ifs' here. Shed have to find a lawyer qualified to handle the case. Shed have to find a court willing to hear her case. As I explained above its a very difficult case to prove that the USC is responsible for the difference in money.

What you would be responsible for however, if she does get her 10yr GC is any money she collects while the 864 is still active that are means tested benefits. The government has the right to collect that money back from you. Its the contract you signed with the government. You can ask for a clause in the divorce that states she will not collect any means tested benefits while the 864 is active and if she does you have the right to sue her for repayment of any amount you are billed to recoup the money back (but I dont know if she would agree to that)

As for your fear that if she files a VAWA claim or somehow files a form or tells the USCIS that you are abusive a note will placed on your SS number saying you are an abuser and you will be blacklisted and any future petitions you file will have a mark on them- no. It doesnt work that way. You can re-marry, file another petition for whomever you want in the future. Dont let this stop you from moving forward with your life.

[Brian1967## 119]

You guys are awesome I have good proof inspected by a immigration attorney and I will save this thread thanks for all the info Capri....you are the bomb:)

[Export of Dhaka 8]

What proof? Just not so long ago YOU provided proof to immigration claiming that your marriage was REAL.

If you have filed for ROC with her, just withdraw it and move on. Her immigration saga should not be your headache at all.

Edited January 27, 2013 by Export of Dhaka

[Brian1967## 119]

I think the immigration would not let me do something stupid. And will blot share evidence on open forum. Thanks for advice by

[Brian1967## 119]

I think the immigration attorney would not let me do something stupid. And will not share evidence on open forum. Thanks for advice:)

[Darnell 8,478]

procedural question:

does she physically have a green card in hand?

have you filed the AOS paperwork yet? if not, do nothing.

if you have filed but she's not been given a green card, get into the local office via an infopass or emergency walkin,

and

withdraw the I-864, affadavit of support.