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Help Fight VAWA fraud

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I was thinking. I am going to fight the anticipated VAWA claim.

Long story short. My wife has a kid that she did not tell me about. She came here under a K1 visa we were married within 90 days. I did find out about the kid before marriage but after she got her visa. I guess I was not thinking straight and still emotional.

Well she hit me with false abandonment charges and also claimed imprisonment since I was not applying for AOS. Luckily I was not arrested. before she left she took absolutely everything from the house, no kidding. Luckily I had the copy make a long form police report (which another day he told me that his supervisor said he should not have done since this was domestic issue rather than theft). Irrespectively I have a police report indidicating she took my stuff.

Through out the K1 process she never told me she had a kid. Most of the documents that needed a signature I signed since I was the petitioner. However, when she did the application I went to go visit her and we did it online and we put down that she did not have a kid (because that was my belief at that time since she was telling me that). However, I am trying to think of other ways to prove that she directly lied to immigration.

Any thoughts????

My suspicion would be that she will lie and say that I did not want to put the kid in the application. But that does not make sense since she brought him illegally after marriage. In other words why would I allow that (did not have much of a choice) and intentionally omit the kid. Does not make sense. I did not put down kid simply because I did not know. I was lied to.

The subsequent police report she make against me is BS. Why would you claim abandonment, false impronsenment (she also stated she felt threatened but I don't know if that is in the report), and then take your time to clean me out of all my possession. I got the majority of the stuff back, after the cop called her. She pulled that she was trying to keep them in a safe place, yeah right.

Well I am not being vindictive, but she lied to me about the kid.

So I need help on how to go about this and evidencing the fraud.

Please help. People should not get away with false allegations.

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I am so sorry about your situation!

Do you have ANY records, emails, letters, txt messages where she tells you about the son for the first time? You can use that as a proof that you didn't know about the son or that she bluntly lied.

Search for any and every record and keep the timeline?

And document everything going forward.

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No records. It was just her telling me via verbal conversation that she had a kid. Of course there would be no record prior since I did not know at all. I did see the birth certificate and the kid was living with us before she left, so I know it is real.

The only thing that I got that shows she has a kid is a hospital when she took the kid to the hospital. Of course she gave the kid a different name because she was afraid of a bill I would imagine. Other than that it is the online application (I forgot It might be the DS 160) and when she went to the interview in Juarez. I would imagine she had a duty to tell the officer that she had a kid, but she could always claim ignorance, and that she did not know how to read English.

How would immigration go about investigating this thing? I trying to figure what other forms she filled out. The 129F was filled out by me and I put down she did not have a kid, but my signature is there, not hers. But then again I was relying on her information. I am telling the truth, I did not know about the kid.

Any thoughts, would help. I know I have gotten great advice from here before, but know I ready to take action and be proactive.

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I haven't filled out the form myself but

Based on the sample, there is a question : do you have children , on page 6

http://www.visajourney.com/examples/DS-160-Example-Form.pdf

And here you can see on the upper top that the languages available are English, French, Spanish....

http://www.path2usa.com/sample-us-visa-application-form-ds-160

So if she filled that form by her self, you should be in clear as there is where she should have disclosed the truth.

Hope this helps

Edited by 1stLoveRedo

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I guess I am wondering why they would investigate such a child, seems it does not officially exist


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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How did the kid manage to immigrate with her? You petitioned for the visa and she obtained the visa prior to your knowledge of the kid, yes? So, how did the kid obtain a visa?

OP posted before

http://www.visajourney.com/forums/topic/535836-nightmare-k1-marriage/

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The kid did not, just appeared, presumably smuggled in.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ah, yes, I remember now … just caught up on the last few pages of the drama.

I wouldn't count on USCIS investigating much, certainly not in a thorough manner.

Focus on the divorce. Try to document as much as you can in the divorce proceedings. Discovery is a very useful period. Subpeona what isn't complied with. You could deposition her on the kid and boyfriend/brother/whatever he is, followed up by direct if it comes to trial. This is your opportunity to get her to admit what you're looking for. Otherwise, you've got nothing other than your word against hers and I don't think that counts for much with USCIS.

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Ah, yes, I remember now … just caught up on the last few pages of the drama.

I wouldn't count on USCIS investigating much, certainly not in a thorough manner.

Focus on the divorce. Try to document as much as you can in the divorce proceedings. Discovery is a very useful period. Subpeona what isn't complied with. You could deposition her on the kid and boyfriend/brother/whatever he is, followed up by direct if it comes to trial. This is your opportunity to get her to admit what you're looking for. Otherwise, you've got nothing other than your word against hers and I don't think that counts for much with USCIS.

That is too bad if they don't investigate much. Hope they do. I am concentrating on my divorce and will be seeking an annulment. But annulments are hard to get it. I might not get it. She clearly lied about the kid. The way I see it she knew she had a kid and through out the whole process she did not mention it. It would be absurd I thing that she would marry a someone (for example) that knew about the kid and refused to put him on the forms. The reason I mention it is because what ever you look at it. Any story she could come up with doesn't add up. Why did she not mention the kid to the consulate in Juarez (if it was allegedly my mistake). The answer is simple she was hiding it and there is not excuse. People should not get away with this. I don't see this as my word against her. Rather her word against mine plus evidence and common sense.

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I haven't filled out the form myself but

Based on the sample, there is a question : do you have children , on page 6

http://www.visajourney.com/examples/DS-160-Example-Form.pdf

And here you can see on the upper top that the languages available are English, French, Spanish....

http://www.path2usa.com/sample-us-visa-application-form-ds-160

So if she filled that form by her self, you should be in clear as there is where she should have disclosed the truth.

Hope this helps

When I went to go see her we filled out the DS 160 at an internet café. We filled out the English version but of course I was getting the answers to the questions from her. I had no other person to get the answer from except her of course. And she told me no kids, which is what I believed all along. I guess she could claim that she did not understand the language since she does not speak English.

I guess what I have is that if you look at the totally of things: the kid is not mentioned in the DS 160, she filed a report against me four months into the marriage, and she cleans me out of literally everything (including believe or not the damn unused razor blades and cologne the I use, until I get SOME stuff back) does not exactly pass the smell test. But then again the smell test is not the standard.

I read somewhere that if I go to the USCIS that it might even help her. Something is wrong with government logic.

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That is too bad if they don't investigate much. Hope they do. I am concentrating on my divorce and will be seeking an annulment. But annulments are hard to get it. I might not get it. She clearly lied about the kid. The way I see it she knew she had a kid and through out the whole process she did not mention it. It would be absurd I thing that she would marry a someone (for example) that knew about the kid and refused to put him on the forms. The reason I mention it is because what ever you look at it. Any story she could come up with doesn't add up. Why did she not mention the kid to the consulate in Juarez (if it was allegedly my mistake). The answer is simple she was hiding it and there is not excuse. People should not get away with this. I don't see this as my word against her. Rather her word against mine plus evidence and common sense.

From what I gather, she has a support system here? Right?

Document, document, document

Can you try to pull the timeline? As to what were the dates you met, talked, you first found out about the kid.

Also, pull the receipts of the stuff you bought with the person cures if you have any ...

My oh my

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Sounds like she knows how to work the immigration system like a clock.

If it were me I would put a lot of resources into this for a few months, I would turn her and her kid over to USCIS and I would make sure you hire a divorce lawyer (Just because they practice law or specialize in divorce that does not make them good, do some research).

I would try my best to nail her to the wall for a few months and I would spend some money. I wouldn't be bothered by the VAWA claim so much, As we all know this is the escape clause many woman have been taught to get a greencard.

After a few months I would wash my hands of everything and be thankful you got rid of this con artist.

Move on with your life.

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USCIS is not the right organization for you to be using....

This is a DHS matter.....even more specifically....ICE.

But believe me from personal experience you will be wasting your time.......ICE will do nothing to help you.

5 years ago I brought my fiance to the US on a k-1 visa......1 week after arrival she left my house, claiming abuse. (False, no police report).

I immediately reported her to ICE.......5 years later she is still here in the US.

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