Very complicated situation

[moemac59 192]

I've not read any of the responses here, but here's my 3 nickles worth.

you can write up letters of attestation about this abuse, showing copies of the records you mention,

and get into the local USCIS office via an infopass appointment.

See https://infopass.uscis.gov - and no, it doesn't matter what the reason is from that web site, just get the next available appointment.

Once you are inside, and talking with a human, ask to speak to the floor supervisor.

Once you have the floor supervisor, ask to speak with the FDNS officer. Be prepared to wait.

Once you are in front of the FDNS officer, tell the FDNS officer that you wish to open up a casefile concerning fraud and abuse. Show the officer the stuff you have. If the officer thinks your stuff merits further investigation, an investigation will be performed. If the facts revealed during the investigation are sufficient, then the results of the investigation along with a tag of 'hold for deportation' will be added to his A-File.

So, when/if he passes through another immigration control point, or shows up for an interview with USCIS - he will be passed over to ICE, detained, and deported [if'n that tag exists]

It's a long slog. You can't expect immediate results. IF he's been arrested as a result of the police reports, that's a plus...

I am so sorry that you are going thru this. I would be filing a restraining order against him right away. Don't let him bully you anymore with his threats and abuse.

Listen to Darnell. He knows what he is talking about. Contact USCIS. You don't want to financially support this guy just in case he files for any sort of welfare benefits while he is in the US.

Good luck

[smferguson16 2]

Sorry if I wasn't clear, I did file for divorce. In January. But he hasn't been cooperative and he's been abroad. I was going to sign The custody agreement today but this agreement was made last week as he lied about only being here until next Monday. He told me yesterday he won't be leaving and won't be signing an agreement if visits are supervised. Which they are. Therefore, now it's all a mess again. I should have done more with convicting him, but when you're in an abusive relationship and you fear for your life, it's scary. He used to threaten me with knives. His immigration process does have to do with me as I am his sponsor and will have to continue to be until he's a citizen. He's a dangerous person and unstable, which is my concern for him being able to gain access through me and a marriage even after so long. I just wanted to provide information to be considered. Does it matter which field office I go to? We interviewed in one and now I live closer to another? Can I go to the closer one?

[Darnell 8,478]

no - it doesn't matter which field office you go to,

as

ultimately,

the FDNS officer gets stuff added into the A-File (If warranted)

and

it's the A-File that's pulled and reviewed for any status change (RoC, Citizenship, etc)

[Villanelle 4,121]

Sorry if I wasn't clear, I did file for divorce. In January. But he hasn't been cooperative and he's been abroad. I was going to sign The custody agreement today but this agreement was made last week as he lied about only being here until next Monday. He told me yesterday he won't be leaving and won't be signing an agreement if visits are supervised. Which they are. Therefore, now it's all a mess again. I should have done more with convicting him, but when you're in an abusive relationship and you fear for your life, it's scary. He used to threaten me with knives. His immigration process does have to do with me as I am his sponsor and will have to continue to be until he's a citizen. He's a dangerous person and unstable, which is my concern for him being able to gain access through me and a marriage even after so long. I just wanted to provide information to be considered. Does it matter which field office I go to? We interviewed in one and now I live closer to another? Can I go to the closer one?

Oh my.

You are right. This is a very confusing situation, but a lot of good info has been provided to you. So lets simplify everything and start at the very beginning. If theres something you dont understand or I go too fast over something- highlight it and someone will go back over it. Ill probably repeat things others have already said, but I want to make sure you have a complete picture of everything when you leave here and speak to whatever attny you go to-/

He didnt want a divorce before or it was difficult before- he wants one now because he thinks he can use it for immigration purposes (for his 751 or re marriage- he can not but more on that later) You want a divorce. So use his wanting a divorce in your favor. I as well as many others in these forums (you can read the VAWA threads in this sub section for inspiration) know full well what you are talking about when you talk about negotiating a divorce from an abusive partner. I would urge you to post there for support and advice if need be. It doesnt matter if you are not currently a vawa applicant (most DV survivors dont stray from the VAWA thread) or start a new thread if the responses do not come flooding in- but trust me you are not alone. This is a topic that speaks to many. Both men and women. You need to be strong. If he is a threat to your child- which he sounds like he is, or you believe a potential flight risk then demand supervision, if he wont voluntarily agree, then leave it up to the court to decide. If he wont sign, then forget him. Move on with the divorce with out him. Youve waited long enough. Divorce can occur with or with out him.

Moving on-- hes under the impression that he can ROC (remove conditions) on his GC that he obtained through marriage still. He is wrong. First. He is correct that late applications are considered. BUT- he entered under the VWP. Any lawyer would tell him by doing so he abandoned his GC. Sure he can attempt to fight this out in appeals court. He probably doesnt realize this. So we have the late filing of 2 months with a concocted excuse (strike 1) entering on the VWP (strike 2) and being out of the country since JUNE OF 2014. OMG seriously. Thats TWELVE months. Thats so far beyond strike 3 that I just cant...even... gah..

But okay. Lets just say hell freezes over and he hires OJs dream team and manages to overcome these strikes with some fine legal manuveings that goes down in the history books and hes got tons I mean tons of bonafide evidence of the marriage because when he left he took lots of scraps of bills of mail and pictures and things (right) He will still have to deal with your counter evidence...

What counter evidence you say? Well this is what Darnell was talking about. You my dear are going to submit a packet to USCIS of counter evidence showing as Duality put it so elegantly that he is a useless human being. That he is incapable of making sworn statements like I entered the marriage in good faith. Which is what ROC hinges on because he is of poor moral character.

Your situation will be tricky and I want you to listen to this very carefully because its very specific. DV convictions can impact status. He has none as no charges were pressed. So jumping up and down and saying abuser abuser is meaningless. Pointing out liar liar is the only thing youve got. If the police came for a DV call and he gave a statement (most likely occured) that said I did nothing I know nothing, nothing happened yet theres medical reports proving the otherwise then he gave a false statement to the police. That makes him a liar liar and USCIS will hold that against him because if he is a liar liar-- well he cant be trusted. He gave a false statement for a benefit to authorities and its documented. (to stay out of trouble) if he did it once, he will do it again. (for a GC or visa) That is your angle and that is what you want in the file. No matter if its for his ROC or if hes going to adjust through the new girl. Its not going to happen.

(either way do not back down from supervised visitation- immigration and family court are separate- he can have no status and family court can and will still allow him visits.)

Best wishes to you.

[marriedguy 34]

File a restraining order.

[smferguson16 2]

Thank you for all of your help.

[Boiler 43,426]

No problem

[marriedguy 34]

welcome.

Thank you for all of your help.

[smferguson16 2]

I've not read any of the responses here, but here's my 3 nickles worth.

you can write up letters of attestation about this abuse, showing copies of the records you mention,

and get into the local USCIS office via an infopass appointment.

See https://infopass.uscis.gov - and no, it doesn't matter what the reason is from that web site, just get the next available appointment.

Once you are inside, and talking with a human, ask to speak to the floor supervisor.

Once you have the floor supervisor, ask to speak with the FDNS officer. Be prepared to wait.

Once you are in front of the FDNS officer, tell the FDNS officer that you wish to open up a casefile concerning fraud and abuse. Show the officer the stuff you have. If the officer thinks your stuff merits further investigation, an investigation will be performed. If the facts revealed during the investigation are sufficient, then the results of the investigation along with a tag of 'hold for deportation' will be added to his A-File.

So, when/if he passes through another immigration control point, or shows up for an interview with USCIS - he will be passed over to ICE, detained, and deported [if'n that tag exists]

It's a long slog. You can't expect immediate results. IF he's been arrested as a result of the police reports, that's a plus...

Sorry Darnell, one more thing.

Is there somewhere with a good sample letter of attestation so I have an idea of how to structure it?

Also, I'm sure it probably would not help, but my sister witnessed some of the physical abuse and my mother also witnessed the incident with the broken nose with my child present...would it make any difference if they wrote attestations? I figured it wouldn't as they would just think they are biased, but just wanted to see your thoughts.

[marriedguy 34]

its not biased, if you went to police, they have records.

take a infopass and go, i wonder what you are waiting for ?

[Boiler 43,426]

Police have not seemingly been involved.

[smferguson16 2]

I live three hours away from the records. I also work over 40 hours a week, I've spent the day obtaining the records from the doctors and also getting the report from the police/victim advocate, therapist, also dealing with the lawyers. I want to make sure I have all of this information on me before I go in. I haven't obtained it before as he was in a different country living a new life. I didn't expect him to return. The police were involved and it was reported but no charges were filed.

[Darnell 8,478]

Sorry Darnell, one more thing.

Is there somewhere with a good sample letter of attestation so I have an idea of how to structure it?

Also, I'm sure it probably would not help, but my sister witnessed some of the physical abuse and my mother also witnessed the incident with the broken nose with my child present...would it make any difference if they wrote attestations? I figured it wouldn't as they would just think they are biased, but just wanted to see your thoughts.

I don't have a sample of this, at least not on this computer - so I'm working from memory.

<<Name>>

<<Address>>

<<City, State, Zip>>

FDNS Officer, USCIS

<<USCIS Local Office City, State>>

<<Date>>

Ref: Letter of Attestation on and for:

...........1. <<Green Card Holder Name>>, <<Alien Registration Number>>, DOB <<His DOB>>

...........2. Removal of Conditions for Permanent Resident Green Card for 1

...........3. Divorce Filed and Multiple Abuse Instances on and for 1

Dear Sirs,

I am writing a letter of attestation about the prior abuses and current marital status on the Alien referenced herein. My name is <<Your Name>>, my date of birth is <<your DOB>>, my SSN is <<your SSN>>, I reside at <<your address, your city, your state, zip>>.

[What follows is some scant but specific things from me, I suggest you flesh out each paragraph to include dates, occurrences, names of the Police District, Medical Facilities, etc. and et.al.]

Over the <<insert duration here, ie, prior 13 months>>, I have been the victim of physical abuse by <<Alien Name>> (Please see attachment #1). I have had to receive medical attention to set my broken <<body parts list>> from <<Name of Medical Facility>> (Please see attachment #2).

I have also been the victim of sexual abuse by <<Alien Name>>. (Please see attachment #3).

I did ask him to leave about a year ago, and he moved in with his girlfriend, <<insert girlfriend name here>>. The two of them returned to his home country, lived as a couple there, and have recently returned to the U.S.A. in some hope to file a new case for Removal of Conditions.

I have filed for divorce on <<insert date here>>, but he has been recalcitrant to continue forward with the mediation process and refuses to attend the court-ordered mediation meetings. (Please see attachment #4)

It is my understanding that he is seeking to apply for Removal of Conditions soon, 2 months after his Conditional Residency Status expired. I ask that you deny his case based on 1) physical abuse, 2) sexual abuse, 3) adultery, 4) abandonment of the marriage, and 5) Pending Divorce.

Respectfully Submitted,

<<Your Signature>>

<<Your Printed name>>

-=-=-=-=-=-

legend:

[...] comments from me

<<..>> data you must insert.

[smferguson16 2]

Thank you so much.

[marriedguy 34]

I know you work 40 hours, take some time off plan and get this thing done.

This loser should be kicked out of the US.