Alien Spouse Abandonment and False Police Reports

[Jawaree 717]

It's not really clear what you're asking.

This isn't really a forum for marriage advice, although a lot of the threads ask more for that than for immigration advice.

You cannot withdraw the affidavit of support if he has his green card.

If you choose to, you can inform USCIS of the facts of your situation. This may make it more difficult for him to get removal of conditions, and cause him to leave the USA. Generally however, USCIS does not take the position that the spouse has a direct interest in denial of the green card on the basis of the affidavit of support; in legal terms you do not have "standing" to challenge the ROC. If he is able to game the system by claiming you abused him, that's just unfortunate for you. (I don't mean to be unsympathetic, but that's how it is.)

I concur. also its looked at as sides to the story & how will the

not married in good faith be proven...relationships can break down

[Villanelle 4,121]

Theres alot of replies here. Some I agree with, some I slightly disagree with. But I do think the OP was quite clear in what she was asking. Point blank -opening sentence she said- I am looking for advice on what to do next.

So first we should look at the facts of the situation- husband has a conditional GC. And eliminate what she cant do (withdraw the aff of support 864)

Then examine the situation itself. What would make a husband (specifically this case, not a spouse filing false DV in general) file a false police report against his wife saying she struck him when he fell in the snow?

Well he arrived in 8/14. So hes only had his GC about 7 months. Hes nowhere near ROC. Yes lets all acknowledge he probably got the DV pamphlets about being able to keep his GC if he was a victim of DV and etc etc. He most likely did not read them either. But lets not forget he didnt go forward with anything- didnt pursue a restraining order/charges etc.

Aaron brought up the most logical and most probably explanation- misinformation.

The Op slipped in a bit about their personal lives which is very important. Why would someone with no immigration involved file a false DV report on their spouse? Advantage in a custody battle (they dont seem to have kids) Financial advantage in a divorce (they seem to be struggling) Punishment for cheating- (she seems to love him dearly)

She does say he has a child he left behind and for financial reasons they were not going do his visa until Sept. Now mind you he has a GC so hes probably working too and finances are probably tight. IMO being an immigrant he probably works somewhere or they live somewhere where there are other people of his nationality. And its a common story.

Everyone gathered by the proverbially 'water cooler' . Hubbie sad about his kid- were just coming off the holidays if this happened early Feb. Why so sad my friend. Oh Ive been working so hard and things are so hard and my poor child I feel like I will never be able to afford it, damn USCIS. No way around it. Oh no.. not true. True story- I had a friend and she was able to file VAWA and it was free and they brought her 3 kids over and it only took a few months. Really? Yes! She had a free lawyer and everything. All the forms were free. She just needed to say that her husband hit her and showed the police report and filed it and they approved it and gave her the card for her and all her kids. ... wheels start turning. Hubbie really wants his son.

Doesnt understand the process or how the above person was in a totally different situation (K1) then him. Perhaps goes forward with his plan and sometime between the hospital and the restraining order hearing speaks to the lawyer and finds out hes not eligible for that kind of VAWA relief to get his son over. The VAWA that applies to him would help him divorce and remove conditions on his GC and hes like sh$t. What did I do, what do I do now..

(the above is just a possible scenario of misinformation) But if its true, its not good. Honestly regardless of what his motivations were as much as you love him, you need to face the marriage is over. He called the cops on you to report you abused him. You can not continue a marriage with someone under those circumstances. The trust is gone. Love is love. But you can not love someone with out trust. Or rather you can not be in a relationship with out trust. You can try but it will be a nightmare and will breakdown quickly.

So you have to accept that he made a poor decision for whatever reason, and the relationship is now over however painful that is.

Then as tuckin said- you can advise USCIS of the facts of the situation if you choose to. It can perhaps make it harder for him to ROC. If the find he is a dishonest person (filing a false police report) But thats a tricky area to prove. It can be done though.

As for the "I need to report to someone that he is NOT LIVING HERE". Um there is no report button for that. Are you in a rental or do you own? If you rent then you can report him moving out to the management and have the lease changed. If you own the home- then you report to yourself.

File for DIVORCE. Thats a report with the court that states he left the marital home on X date and your things should be separated since then. This is important in regards to debts be may be incurring- you certainly dont want to be responsible for half his bills and ####### he may be charging up while youve been living apart. It will prevent him from selling of your joint belongings to pay for things now that hes on his own.

Since you are a USC you will most likely qualify for legal aide for help with the divorce. So try that first. It varies state by state how its handled. Sometimes they have a long waiting list. Sometimes they will assign you a lawyer immediately if you are served but if you want to serve you have to wait. Sometimes if you serve w/o a lawyer and the other side obtains one they will then assign you one. Perhaps because of the false DV allegations and the fact that YOU had a restraining order -even though you didnt follow through with it- they will assign you one with no wait. Maybe you have the money to do it on your own or you can do it with out a lawyer. Plenty of people are able to file with out a lawyer with no trouble if they have little assets and property.

You filing for divorce now is the right thing to do. When its finalized, even if its not time for his ROC he can ROC or he can wait for his ROC window to open. Its really not any of your concern anymore. You do need to be careful about being around him alone though because again if he did familiarize himself with the correct laws if he feels he does not have enough proof of a bonafide marriage he can attempt to create DV evidence to get around that and file under the DV VAWA checkbox. He already has one report. Dont let him get another.

USCIS at this point does not care about what is going on. They will not care until his ROC date comes up.

As for your 864, it will be valid but dont concern yourself too much about it. Rarely does the gov collect nor IMO would he be able to sue you under it.

Best of luck in the future to you.