I bet you never heard a case like this

[Terrrain1 0]

Very strange!

Ok. Here is a quick recap of this strange situation.

- I brought my finance (at that time) as a K-1 last Septmenber, got married and applied for her AOS immediately (i-485, I-765 and I-131)

-Afterwards, she got her Work permit in the mail (which is an entry permit as well).

- Then about 2 months later, I had the worst day in my life when I found out she married me just to get a green card.

- Then I immediately wrote a request to withdraw my affidativ of support (I-864) saying in that request that she entered the marriage just to get a green card. The withdrawl was approved and I got the letter from USCIS that it was withdrawn. She got a letter too letting her know that i485 was denied and she needs to leave the country, which she did. (I am 1000% percent she went back home because someone saw her back in her country and talked to her).

- I filed for divorce and got an Infopass and gave them a copy of the divorce decree to file it (the divorce as of today is not final)

- Here is the strange part, I was on vacation and after about 4 months of her being back home. She got back to the US using that entry permit (how is that possible!!!?). Yes I DID see her and I met her after she got back.

- Now she is talking to a laywer to get her green card !

Here are my questions?

1- Is anyone familiar with a situation like this? Her I-485 was denied because the affidativ of support was withdrawn. She checked online and it says something like it was denied. (I did see it with my eyes on USCIS website and it's still there).

2-What are her chances of getting a green card? Is that still possible?

3- I was reading online and it says the only way she can get a green card is if she files for Vawa. Is that possible too?

4- How do I protect myself in case she files a vawa? I never abused her or anything, there is no proof, no police records and I have a100% clear background.

5-Is this laywer REALLY going to get her a green card or keep her here legally. Is there REALLY a way to do so?

6- Do I still need to do anything from my end?

Your input is very appreciated.

[Darnell 8,478]

it's possible the system used by CBP at the border not have the fact that the I-864 was withdrawn and the I-485 application stopped.

That combo card usually would have gotten her into the country - but I blame the CBP system.

as to protecting yourself - once the I-864 is withdrawn - you're off any financial hook.

If you have great evidence about her marrying for a green card - then I suggest you get back into your local USCIS office via an infopass appointment - ask to speak with the FDNS officer - bring over a letter of attestation about her re-entry into the country along with that great evidence - and ask that a case be started for fraud, with the case being added to her A-File.

that's about all you can do - and in the end - don't expect she'll be deported. It COULD happen - but it's unlikely.

[Sandra G. 5,051]

If she files Vawa you will never find out.The law prohibits USCIS to disclose with the "alleged abuser" about Vawa.

She probably will create a bunch of lies,and maybe have her GC approved, but no consequences for you regarding USCIS. But If she involves the police saying she was threatened,battered then you have to defend yourself,it's another story.

Stay away from her,do not meet her anymore, do not call her back either, if she lives a message.She might try to meet you, and call the police saying that she was battered, and then you will be in big trouble.

Edited June 17, 2014 by sandranj

[Mark88 184]

She used her reentry permit intentionally eventhough she knew, that it is only valid with a pending petition. Entering the country illegally should have some consequences, but this is something only a lawyer can help you with.

[Girl from Celebes 588]

It is not a first time I heard case like this. Visa Journey is full of stories like yours, more dramatic and worth of money if Hollywood gets involved. But, you're just joined this forum so I would not blame you by not knowing that. You're quite lucky enough found out her true intention sooner. Good luck for any effort to kick her out from this country. She is not deserved to stay here for little longer.

[Eric-Pris 1,607]

It's not surprising that CBP would not know that CIS denied her greencard.

My neighbor had a greencard denied by CIS because she was found to be inadmissible (she had worked on a previous visit to the US), and her lawyer got her a court hearing in front of an immigration judge and he approved her. She received her greencard over a year ago, but her lawyer says that she should not travel abroad yet because she has an open deportation case from 1991 still open. They are in the process of closing it.

How does CIS issue a greencard when there is an open deportation case? I swear that these different departments don't seem to know what the others are doing.

[Terrrain1 0]

It's not surprising that CBP would not know that CIS denied her greencard. My neighbor had a greencard denied by CIS because she was found to be inadmissible (she had worked on a previous visit to the US), and her lawyer got her a court hearing in front of an immigration judge and he approved her. She received her greencard over a year ago, but her lawyer says that she should not travel abroad yet because she has an open deportation case from 1991 still open. They are in the process of closing it. How does CIS issue a greencard when there is an open deportation case? I swear that these different departments don't seem to know what the others are doing.

So, If she does file a VAWA, is that going to affect me? or if I file for someone in the future?

[belinda63 3,039]

You will be able to file for someone in the future but you will have a flag in your file for being an abusive spouse.

[southernman 29]

You will be able to file for someone in the future but you will have a flag in your file for being an abusive spouse.

HUH??

[southcoast 27]

It seems unlikely that she is going to get VAWA relief. All she will have is her own assertions of abuse. These would have to be well substantiated. I would worry about her trying to substantiate them with criminal charges. An earlier poster made a good point about you wanting to keep your distance from her. Do not allow yourself to be in any kind of compromising position where she can claim physical abuse. Vawa is relatively easy to get but I think that when USCIS looks at the A-files and the facts and circumstances, she will have a tough road.

[southcoast 27]

It's not surprising that CBP would not know that CIS denied her greencard. My neighbor had a greencard denied by CIS because she was found to be inadmissible (she had worked on a previous visit to the US), and her lawyer got her a court hearing in front of an immigration judge and he approved her. She received her greencard over a year ago, but her lawyer says that she should not travel abroad yet because she has an open deportation case from 1991 still open. They are in the process of closing it. How does CIS issue a greencard when there is an open deportation case? I swear that these different departments don't seem to know what the others are doing.

This seems strange. When the case was referred to a judge, the fact that there was an open file in another court should have been raised. Also, it is rare that there would be an open file from 1991- it would more likely be a prior deportation order which surely would have caused problems. It would have removed jurisdiction from the second judge who could only handle the case f it was reopened by the original judge. Something isn't right. Once the second judge granted the adjustment then it really isn't USCIS's concern. They simply issue the card in conformance with the judge's order.

You will be able to file for someone in the future but you will have a flag in your file for being an abusive spouse.

I suppose when they pul your old file it could raise questions. But they can only deny your right to petition if you have criminal convictions which would run afoul of the Adam Walsh laws.

[Terrrain1 0]

You will be able to file for someone in the future but you will have a flag in your file for being an abusive spouse.

Are you sure? even there was no incident of abuse, no police report, no convictions...

[AmyWrites 593]

You will be able to file for someone in the future but you will have a flag in your file for being an abusive spouse.

NOT true.

OP, this happens way more than people want to admit. But you're off the hook for now. Have no contact with her. Especially alone with her.

[belinda63 3,039]

If she makes up a VAWA claim and they grant her VAWA......yes. Several examples on this board of people fishing for information on how to file VAWA.

[Ortolan 381]

Keep your distance from her, no matter what. And if you're forced to see her for some reason, be sure you do it in a public place with a witness.