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

[null 0]

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.

[geowrian 22,335]

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.

[Sandra G. 5,016]

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.

[null 0]

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.

[Boiler 43,438]

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

[Sandra G. 5,016]

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.

[randomstairs 270]

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.   

[Going through 5,668]

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.

[Sandra G. 5,016]

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.

[Sandra G. 5,016]

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 .

[EM_Vandaveer 2,369]

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.

[Going through 5,668]

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 October 9, 2018 by Going through

[geowrian 22,335]

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

[kzielu 1,147]

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...

[Sandra G. 5,016]

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.