Help Fight VAWA fraud

[Sandra G. 5,016]

You cant fight against VAWA since USCIS is prohibited to disclose.VAWA case with a third party.

You can ICE with the information you have,but not USCIS.

[Elleanor 10]

Get an attorney,fast!

[southcoast 27]

Usually Im the lone wolf out here advocating for hiring an attorney, but I don't think you need to d much about this. You haven't adjusted her and I assume you will not. So her only relief is a VAWA claim. There's not much you can do about this because of privacy laws, but you can certainly send a certified letter to USCIS referencing her a-file. Let them know what you have said here. The letter should follow her A-file and be reviewed when she applies for a U-visa. I wouldn't lose any sleep over this. Write the letter and cut off all communications with her. Don't put yourself in a compromising position where she can make assault allegations and then get on with your life.

[CowBoE 429]

I don't have specifics to provide to you, but I strongly support you on fighting such fraud.

When a normal and legit marriage falls apart, I usually take the position of don't be so harsh on

getting the ex deported just because the relationship didn't workout.

But in this case, it smells like the fraud intention was there from the beginning,

and we don't need such folks in US...I do hope that both her and the son get deported

or fail in future processing to legally stay in US.

Best of luck.

Edited March 11, 2015 by DualityOneness

[Thomas&Cleofe 358]

I don't have specifics to provide to you, but I strongly support you on fighting such fraud.

When a normal and legit marriage falls apart, I usually take the position of don't be so harsh on

getting the ex deported just because the relationship didn't workout.

But in this case, it smells like the fraud intention was there from the beginning,

and we don't need such folks in US...I do hope that both her and the son get deported

or fail in future processing to legally stay in US.

Best of luck.

I totally agree with you....

....but I also know it is a big waste of time.

Immigration and Customs Enforcement will do nothing to investigate his case.

Even without a VAWA claim.....she will still be allowed to remain in the US if she so chooses.

[perfect 39]

Or...she may be thinking U visa which would be much easier for her to get. Alll she really has to do is report that she was the victim of a crime (check) and prove that she reported it to the police (check) and they investigated. No arrests actually need to happen! She may be aware that VAWA is not going to work......U visa probably will! Just a thought......I work in a large law firm and we have (sadly) dealt with many similar cases and almost every time, the U visa was obtained.

[Marco&Bettina 502]

Not to mention Obamnesty.

[Pennycat 880]

I'd say just focus on the divorce and move on. Report to ICE, give them whatever you have but just realize that you can't do much anymore. Your best bet would have been to take steps to avoid the VAWA claim in the first place, but it appears that that advice didn't arrive on time. As stated here and in the other thread, there is almost nothing you can do to fight it, and it has little if any impact on you. Fair? Bad policy? Too open to be misused? All things you may well think, but no matter how hard you think them, it won't change your reality, and there's little use in tilting at windmills.

[Marco&Bettina 502]

there's little use in tilting at windmills.

Why not? Don Quixote did it.

[novedsac 355]

I'd say just focus on the divorce and move on. Report to ICE, give them whatever you have but just realize that you can't do much anymore. Your best bet would have been to take steps to avoid the VAWA claim in the first place, but it appears that that advice didn't arrive on time. As stated here and in the other thread, there is almost nothing you can do to fight it, and it has little if any impact on you. Fair? Bad policy? Too open to be misused? All things you may well think, but no matter how hard you think them, it won't change your reality, and there's little use in tilting at windmills.

In the case of false accustations, there's really nothing one can do to avoid a VAWA claim - one could claim whatever they wanted, whether it was grounded in substance or not.

What one can do, and should do, is protect themselves from being set up with false accusations that may find them in Court and/or Jail and with a record. These are the things a shifty claimant will provoke in order to add substance to their VAWA claim. These are the things that can cause damage to the accused. These are the things that an alert and astute person can protect themselves against. Use the divorce proceedings to get any evidence of fraud, misrepresentation and false accusations vetted by a judge/jury and into the divorce record.

A VAWA, in and of itself, presents no consequence to the accused.

Edited March 11, 2015 by novedsac

[Marco&Bettina 502]

In the case of false accustations, there's really nothing one can do to avoid a VAWA claim - one could claim whatever they wanted, whether it was grounded in substance or not.

What one can do, and should do, is protect themselves from being set up with false accusations that may find them in Court and/or Jail and with a record. These are the things a shifty claimant will provoke in order to add substance to their VAWA claim. These are the things that can cause damage to the accused. These are the things that an alert and astute person can protect themselves against. Use the divorce proceedings to get any evidence of fraud, misrepresentation and false accusations vetted by a judge/jury and into the divorce record.

A VAWA, in and of itself, presents no consequence to the accused.

^This. And I would also like to say to the OP that as someone who has read every single post in your other thread & this thread, I'm glad you woke up & are deciding to do something about this. You can't stop her from claiming VAWA, if she wants. But you can stop her from ruining your life, like getting you in jail or police record or something. Don't let her & her cohorts take your life down the drain.

[elmcitymaven 9,711]

Why not? Don Quixote did it.

And that turned out brilliantly, no?

I concur with everything CatherineA said above. Divorce, move on. She screwed you over but there is no need for her to keep screwing you over, which is what fixating on getting "justice" will do to you. If you must, get your evidence together and hand it over to ICE, then wash your hands of this garbage person and her rotten family.

[LoveMyTico 999]

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.

you already posted all this in another thread.

Get a lawyer. You were advised in the other thread what to do. The answers aren't going to be different in a new thread

Edited March 11, 2015 by LoveMyTico

[mallafri76 1,012]

Do you have anything in writing where you talk about yourselves and she confirms that she doesn't have a kid?

I hate it when women use spousal abuse as a threat to get their way when there is no spousal abuse. It makes it worse for all those women who are actually abused. Hope it works out for you and you figure out a way to get this person out of your life.

[Marco&Bettina 502]

Do you have anything in writing where you talk about yourselves and she confirms that she doesn't have a kid?

I hate it when women use spousal abuse as a threat to get their way when there is no spousal abuse. It makes it worse for all those women who are actually abused. Hope it works out for you and you figure out a way to get this person out of your life.

Well if he just wants the person out of his life, he can already have that. He is seeking retribution now, thus keeping her in his life.