USC being threatned with VAWA.

[Sandra G. 5,016]

On 2/7/2020 at 12:45 AM, kimme79 said:

here is the situation.  My wife and i fought on June 2019. there is no police report.  She is claming physcal abuse.  She has whatsapp conversation where i am telling her that i am going to buy her a plane ticket to go back home to colombia.  We got back together in July 2019.  My wife left me again in septmber right after she got her green card.  My wife got her green card on september 12th of 2019.  Two days later she left me again.  We lived in an appartment and she removed herself from the lease.  I have proof she is no longer on the lease then after. 

 

We got back together in December of 2019.  During january of 2020, we had an argument and she is clamming emotional distress, physical abuse and psychological estress.  She is currently living in my appartment, last night she called the cops on me because she felt threatened and wanted to sleep.  There was no police report on the domestic disturbance.  We are now sleeping in seprate rooms.  She is calling immigration tomorrow and is telling me she will be filing a VAWA case against me.  I am the USC.  I need to know what i am up against.  I want to evict her from my apartment but she has nowhere to go.  I do not want ICE or immigration after me or be tried as an abuser (mental physical or pyschological).  She is going to the doctor for therapy and psychological help.  She says i stress her and i cause her to go into panic mode.  I do not know what to do here.  

 

- She has her temporary green card since september 2019.  

- I will not grant her permanent status.

-She will not leave the house, her name is not on the lease.

- she is asking for $3000 for her to leave.

-She is claming emotional physical mental and economical abuse.

 

 

I want her gone so i can divorce her.

 

 

She can't file VAWA because she has a green card. She can file form I-751 waiver without your signature claiming physical and/or psychological  abuse, but because of the privacy Law USCIS cannot contact you to hear  your side of the story, and they are prohibited to give you any information about her I-751 waiver, that being  USCIS or ICE won't contact contact you ok.

 

You  don't  have "any power to grant her permanent status", USCIS can renew her Green card without your signature, as I mentioned above  once she files the  I-7651 waiver USCIS will cut all contact with you. Any letter you sent to the USCIS they will not take into consideration because the privacy Law does not allow the Immigration officer to hear your side of the story.

 

Just file for divorce and move on.

[kimme79 42]

Update,

I have legal separaton signed by her from Feb 3rd of 2020.  I will be sending that to her USCIS file. I will be filing for divorce here shortly in Florida, which only takes about 30 days to complete, then i will file that with USCIS too.  I have been keeping video evidence, letters from her and text messages how she will claim domestic violence if i dont cooperate with her and get her her green card.  This was as ost recent as of yesterdat march 4th.  She flat out told me...well into one year or year in half i will contact you or you can contact me and you can tell them that we are still married and happy as ever, if not i will have to expose all evidence against you and tell tehm how you MENTALLY PSYCHOLOGICALLY and PHYSICALLY abused me. And i will sink you."  I didnt have my camera on at the time she said that. 

I will be sending a copy of the separation and divorce decree to USCIS before she can file her VAWA, which will be in June 2021 at the earliest.  She doesnt have money to hire an attorney now, but i think she will in the future.  I will be ready with a Defence attorney to just to be careful and fight the case.

 

Here is my question, what happens once she attempts to file VAWA?  What can happen to me...because she is making all kinds of allegations and i can not find anything on the internet about what happens to the USC after VAWA.

[belinda63 2,981]

She cannot file VAWA if she already has a green card. She can file to remove conditions based on a good faith marriage with a divorce waiver. You will never know anything about it and you can do nothing about it. Please just cut off all contact with her and move on with your life. She sounds like an evil vindictive person.

[Boiler 43,441]

You really really need to read the replies you have received.

[kimme79 42]

4 minutes ago, belinda63 said:

She cannot file VAWA if she already has a green card. She can file to remove conditions based on a good faith marriage with a divorce waiver. You will never know anything about it and you can do nothing about it. Please just cut off all contact with her and move on with your life. She sounds like an evil vindictive person.

OMG!  So she cant even file VAWA!  That is the news i wasnt understading  And she can not file good faith marriage either becasue we dont have anything together.  I mean we did marry early in the process, but right after marriage she started showing her true colors.  I was so scared of VAWA.  We have nothing combined.  No life insurance no bank accounts no car no home no loans nothing absolutyly nothing together.  

[kimme79 42]

9 minutes ago, belinda63 said:

She cannot file VAWA if she already has a green card. She can file to remove conditions based on a good faith marriage with a divorce waiver. You will never know anything about it and you can do nothing about it. Please just cut off all contact with her and move on with your life. She sounds like an evil vindictive person.

There were some things i have not been able to understand.  I am just looking for clarification.  I am military and i am in a situation that is threating my security clearance.  Which i do not want to lose.

[geowrian 22,335]

She can't file VAWA because she has no need to file for VAWA. She already has a green card. VAWA would be to get the green card.

I believe this was stated several times in the thread previously.

 

To keep the green card, she will need to show that she entered the marriage in good faith.

If she chooses to do so with an abuse waiver, the advice by sandranj applies - USCIS will not contact you or let you know any details of her case.

If you submit anything to USCIS separately, they may or may not consider it in the totality of her case, when she files it. But in the end, it will be her case to show that she entered the marriage in good faith.

[Carpe Vinum 2,310]

Also OP needs to understand that he is still on the hook for the I-864 and possible support to his wife/ex-wife.

[Just Paul 4,591]

9 hours ago, kimme79 said:

I have been keeping video evidence, letters from her and text messages how she will claim domestic violence if i dont cooperate with her and get her her green card. 

She won't need you for ROC/ 10 year green card.  She can file that on her own with a Divorce Waiver.  In fact if she was divorced from you she can get the 10 year card without waiting for the 2nd year.   Use that to "negotiate" with her and get this over with.

[Duke & Marie 1,389]

20 hours ago, kimme79 said:

Update,

I have legal separaton signed by her from Feb 3rd of 2020.  I will be sending that to her USCIS file. I will be filing for divorce here shortly in Florida, which only takes about 30 days to complete, then i will file that with USCIS too.  I have been keeping video evidence, letters from her and text messages how she will claim domestic violence if i dont cooperate with her and get her her green card.  This was as ost recent as of yesterdat march 4th.  She flat out told me...well into one year or year in half i will contact you or you can contact me and you can tell them that we are still married and happy as ever, if not i will have to expose all evidence against you and tell tehm how you MENTALLY PSYCHOLOGICALLY and PHYSICALLY abused me. And i will sink you."  I didnt have my camera on at the time she said that. 

I will be sending a copy of the separation and divorce decree to USCIS before she can file her VAWA, which will be in June 2021 at the earliest.  She doesnt have money to hire an attorney now, but i think she will in the future.  I will be ready with a Defence attorney to just to be careful and fight the case.

 

Here is my question, what happens once she attempts to file VAWA?  What can happen to me...because she is making all kinds of allegations and i can not find anything on the internet about what happens to the USC after VAWA.

I’d forward copies of those threatening texts about her accusing you of DV, demanding money and insistence of help with getting GC along with documents of legal separation to USCIS, saying you’ve seperated because you’ve become aware that she used you for a GC and not for legitimate reasons..

 

even if you’ve already forwarded the separation documents... file them again.. be like whoops, here’s everything for your info to deal with as you see fit, apologies I forgot that I’d already advised you of separation.. 

 

then leave it up to USCIS what will be will be.. 

Edited March 6, 2020 by Duke & Marie

[Nat&Amy 623]

The time to have a say in your wife's immigration process is long, long gone. You say the two of you have nothing together, yet she was able to get a two year GC so clearly the two of you showed something.

 

Either way, it doesn't really matter now. She can remove conditions with a divorce waiver and if she claims abuse it is - as stated before - completely out of your hands. Time to move on and hope she doesn't claim public benefits just to mess you up financially, since you are still on the hook for the i864.

Edited March 9, 2020 by Nat&Amy

[kimme79 42]

Thanks for the update.  

I have been destroyed...I recently found out my wife is on tinder and colombiancupid dating website.  She is already looking for the next guy to jump to.  This was friday. 

[SunflowerSweet 1,321]

14 minutes ago, kimme79 said:

Thanks for the update.  

I have been destroyed...I recently found out my wife is on tinder and colombiancupid dating website.  She is already looking for the next guy to jump to.  This was friday. 

Uh you said you want her gone and want to divorce her in your first post.

 

Why exactly is it a problem for you that she’s on dating apps? 

For the people she matches with it may be an issue from what you’ve said about her, but it’s not your problem.

Edited March 9, 2020 by MorganandMichael

[kimme79 42]

7 minutes ago, MorganandMichael said:

Uh you said you want her gone and want to divorce her in your first post.

 

Why exactly is it a problem for you that she’s on dating apps? 

For the people she matches with it may be an issue from what you’ve said about her, but it’s not your problem.

It's not a problem for me.  I was thinking I could use that as evidence against her with uscis.  She is going to claim she tried to work on the marriage, but her intentions are so transparent.  I also have proof.  That was my mentality. 🤷🏻‍♂️

[Nat&Amy 623]

4 minutes ago, kimme79 said:

It's not a problem for me.  I was thinking I could use that as evidence against her with uscis.  She is going to claim she tried to work on the marriage, but her intentions are so transparent.  I also have proof.  That was my mentality. 🤷🏻‍♂️

The best thing you can do at this point is to let go. You are assuming USCIS will be remotely interested in her being with other men - they won't. Again, at some point you endorsed her application for Permanent Residency by saying it was legit, so any efforts to disprove that (and try to prove fraud instead) will be an uphill battle that you are likely to lose. 

 

It doesn't matter anymore. Had you withdrawn your support before she got her 2 year GC, yes, it would be very hard for her to move forward. Now, it is not, and you have nothing to gain from this situation anyways.