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How to defend wife vawa false accusation to maintain my green card ?

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I became permanent resident almost 10 years ago. I was trapped to marry with my wife. Immediately after marriage, she told me she was on B2 visa and left US. After 9 months, she came back to live with me, and beaten me once. I took a picture of my wound. A month later she beaten me again in front of roomate. I never hit back. I was forced to apply her I-130 only. Then I captured her elopement text. I canceled I-130. Then she went to police and falsely accused me of pushing her without any evidence. Police wrote an informational report without ever speaking to me. Police gave her a EPO, my roommate served me. I left my house, and never see and talk with her till present. Then she immediately got a TRO. I filed my divorce. Then she dropped the TRO, and harassed me in my new place. I filed a TRO, then she re-open her TRO. Then I opened 2 police reports of 2 past incidents she beaten me. Then right before her B2 visa expired, she filed I-360 VAWA. Then after 6 months of mutual TRO and full spouse support based on her 0 income, the divorce is bifurcated. We only left community property division. I need to renew my green card soon and wonder if I might lose my green card due to her I-360 one-side false accusation.

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Unless you were arrested, charged, or convicted of anything, I don't think it will be an issue for renewal. The VAWA claim is her business and she has to prove abuse, but it doesn't involve you or your side of the story.

 

Stay safe.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 hours ago, null said:

I became permanent resident almost 10 years ago. I was trapped to marry with my wife. Immediately after marriage, she told me she was on B2 visa and left US. After 9 months, she came back to live with me, and beaten me once. I took a picture of my wound. A month later she beaten me again in front of roomate. I never hit back. I was forced to apply her I-130 only. Then I captured her elopement text. I canceled I-130. Then she went to police and falsely accused me of pushing her without any evidence. Police wrote an informational report without ever speaking to me. Police gave her a EPO, my roommate served me. I left my house, and never see and talk with her till present. Then she immediately got a TRO. I filed my divorce. Then she dropped the TRO, and harassed me in my new place. I filed a TRO, then she re-open her TRO. Then I opened 2 police reports of 2 past incidents she beaten me. Then right before her B2 visa expired, she filed I-360 VAWA. Then after 6 months of mutual TRO and full spouse support based on her 0 income, the divorce is bifurcated. We only left community property division. I need to renew my green card soon and wonder if I might lose my green card due to her I-360 one-side false accusation.

She reopened the restraining order but did you attend the hearing and did the Judge extend the restraining order? because you had the chance to answer when you had the hearing. To renew your GC you submit a CERTIFIED COURT DEPOSITION.

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Judge simply granted her spouse support request and extend the mutual TRO to next hearing, which is 6 months later, since we thought we can settle the 1-year marriage, never listened DV stories or my witness.

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I doubt it will be an issue, well known tactic in such a situation.


“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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4 hours ago, null said:

Judge simply granted her spouse support request and extend the mutual TRO to next hearing, which is 6 months later, since we thought we can settle the 1-year marriage, never listened DV stories or my witness.

When submitting the I-751 write a letter and explain very well about the TRO,but you MUST submit a CERTIFIED COURT DEPOSITION OK.

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12 hours ago, sandranj said:

She reopened the restraining order but did you attend the hearing and did the Judge extend the restraining order? because you had the chance to answer when you had the hearing. To renew your GC you submit a CERTIFIED COURT DEPOSITION.

I disagree. One should NEVER submit any evidence unless instructed to do so. For GC renewal there is no instruction to submit such evidence in I-90 (or a question re criminal history). If it even becomes an issue (after biometrics) USCIS will send a RFE (unlikely). Depending on circumstances of a case, documents can be really hard to obtain and USCIS will destroy any originals if they are submitted without them requesting such evidence. This can cause more problems when the applicant actually needs the evidence (filing N-400, etc). 

 

I don't think the OP will have any issues with GC renewal related to this VAWA filing or anything else stated.   


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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18 hours ago, null said:

I need to renew my green card soon and wonder if I might lose my green card due to her I-360 one-side false accusation.

All other stuff aside----I'm curious why you don't pursue the option of naturalization instead of renewing your 10-year GC?  That way, your dealings with USCIS would be done once and for all upon approval, and no more worries about her actions interfering with your legal status.  

 

10 hours ago, sandranj said:

When submitting the I-751 write a letter and explain very well about the TRO,but you MUST submit a CERTIFIED COURT DEPOSITION OK.

OP appears to be submitting the i-90 to renew the 10-year green card, they are past the i-751/ROC stage.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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1 hour ago, Going through said:

All other stuff aside----I'm curious why you don't pursue the option of naturalization instead of renewing your 10-year GC?  That way, your dealings with USCIS would be done once and for all upon approval, and no more worries about her actions interfering with your legal status.  

 

OP appears to be submitting the i-90 to renew the 10-year green card, they are past the i-751/ROC stage.

Where did he mention that he past the l751 stage? I don’t remember reading this part.

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4 hours ago, randomstairs said:

I disagree. One should NEVER submit any evidence unless instructed to do so. For GC renewal there is no instruction to submit such evidence in I-90 (or a question re criminal history). If it even becomes an issue (after biometrics) USCIS will send a RFE (unlikely). Depending on circumstances of a case, documents can be really hard to obtain and USCIS will destroy any originals if they are submitted without them requesting such evidence. This can cause more problems when the applicant actually needs the evidence (filing N-400, etc). 

 

I don't think the OP will have any issues with GC renewal related to this VAWA filing or anything else stated.   

As I mentioned before I don’t remember reading that he wants to file l90. I have the impression that he wants to renew the 2 year GC, ,and if he will file l751 he must submit the court deposition, he doesn’t need to submit if he has to file form l90 .

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24 minutes ago, sandranj said:

As I mentioned before I don’t remember reading that he wants to file l90. I have the impression that he wants to renew the 2 year GC, ,and if he will file l751 he must submit the court deposition, he doesn’t need to submit if he has to file form l90 .

He starts with "I became a permanent resident almost 10 years ago." so it's safe to assume he's filing I-90.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Posted (edited)
34 minutes ago, sandranj said:

Where did he mention that he past the l751 stage? I don’t remember reading this part.

The first sentence "I became a permanent resident almost 10 years ago", and the last line "I need to renew my GC"

  He's likely already done with the ROC.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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OP's first sentence indicates he does not need to complete ROC.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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32 minutes ago, sandranj said:

As I mentioned before I don’t remember reading that he wants to file l90. I have the impression that he wants to renew the 2 year GC, ,and if he will file l751 he must submit the court deposition, he doesn’t need to submit if he has to file form l90 .

He's a GC holder, wife seems to be trying to get GC using VAWA (aside from 10 years comment mentioned above). Safe to say he should not be filing I-751 if this is the case...

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32 minutes ago, EM_Vandaveer said:

He starts with "I became a permanent resident almost 10 years ago." so it's safe to assume he's filing I-90.

 

32 minutes ago, EM_Vandaveer said:

He starts with "I became a permanent resident almost 10 years ago." so it's safe to assume he's filing I-90.

My bad, clearly I wasn't pay attention to what he said,lol . He won't have any problem filing I-90.

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