Foreign Spouse i360

[LiqN2 1]

Hello. I am new to the forum but have been lurking here for years. My situation was 100% preventable but spouse was a great con artist. I do not want to post too many details as court proceeding are in progress but the main points are: spouse was out of status in the US, spouse got pregnant before marriage, urged me to marry her to have a family, we married quickly and privately due to the pregnancy, spouse had secretly scheduled an abortion without me knowing, then got an abortion within less than 24 hours of marriage and lied that there was a miscarriage. We argued, I refused to petition due to suspecting the scam, spouse claimed emotional abuse, then moved away (thank heavens). 

I filed for annulment based on fraud and misrepresentation. This happened over a period of 3 months. Spouse is filing i360 based on emotional abuse with statements from family members with fraudulent accusations and also talking to a counselor regularly to log the false claims, even telling them about the 'miscarriage'. Is this likely to be approved by immigration???

[Quarknase 1,072]

I'm sorry for what you experienced.

Since your wife is making a WAVA claim, I recommend that you NEVER be alone with her, so no false allegations can be made against you.

If your annulment is being granted based on fraud and misrepresentation, she might face some scrutiny during her WAVA, but it's eventually her case and not yours so you won't be able to do anything. The whole point of WAVA is to protect the victim from their abuser, hence there is no room for the abuser to make a statement.

 

I recommend to see the silver lining in all this - you haven't filed anything for her and won't be on the hook with an Affidavit of Support. Focus on yourself, and move on. And as I mentioned - never be alone with her.

[Pinkrlion 2,610]

You can file proof of fraud with the approval of the annulment with USCIS and ICE, it will be on spouse's record and she will not be able to adjust her status.  

Edited July 16, 2020 by Pinkrlion

[LiqN2 1]

4 hours ago, Quarknase said:

I'm sorry for what you experienced.

Since your wife is making a WAVA claim, I recommend that you NEVER be alone with her, so no false allegations can be made against you.

If your annulment is being granted based on fraud and misrepresentation, she might face some scrutiny during her WAVA, but it's eventually her case and not yours so you won't be able to do anything. The whole point of WAVA is to protect the victim from their abuser, hence there is no room for the abuser to make a statement.

 

I recommend to see the silver lining in all this - you haven't filed anything for her and won't be on the hook with an Affidavit of Support. Focus on yourself, and move on. And as I mentioned - never be alone with her.

I appreciate your reply. I do not intend to have any further contact unless it is through the legal system to keep myself safe. I am glad that nothing was filed on my behalf because I was very close to doing so. There were numerous attempts to get me to intertwine myself with her for obvious reasons that would be of benefit to her, but I decided to be cautious. These individuals are ruthless and conniving. I've read stories of USC having a much harder time and suffer drastic changes to their lives. I implore anyone who intends to marry a foreign spouse to listen to your gut if something doesn't seem right. There a plenty that would make great partners and are not sociopaths, but there were signs that I ignored.

[LiqN2 1]

3 hours ago, Pinkrlion said:

You can file proof of fraud with the approval of the annulment with USCIS and ICE, it will be on spouse's record and she will not be able to adjust her status.  

Really? I had the impression that the USC's side of the story is often disregarded. I will do that. Thanks!

[Villanelle 4,121]

4 hours ago, LiqN2 said:

Really? I had the impression that the USC's side of the story is often disregarded. I will do that. Thanks!

Please read what Pinkrlion posted carefully. You need to fight to get fraud wording in the divorce or annulment. Most likely your side will write fraud wording in and her side will disagree- so a Judge will decide. IF the Judge decides there was fraud and its reflected in the divorce/annulment then when she presents said document USCIS will not grant her adjustment. A huge part of the AOS process is being able to make honest statements and someone with a fraud finding on their record is unable to do such. So this isnt you presenting 'your side'- they dont want your side. This is you  getting documentation from a Judge that she is a fraud. She has to present her divorce/annulment papers but you can also send them if you are worried she may edit them and it wont be detected. 

[portorusa 431]

If the foreign spouse files her I-360 before the annulment/divorce is finalized and later gets her I-360 approved, her divorce/annulment (even with fraud wording) may not be considered as basis for AOS denial. The immigration VAWA protection may outweigh the family law ruling. She may be approved as victim of domestic violence.

[Pinkrlion 2,610]

3 hours ago, portorusa said:

If the foreign spouse files her I-360 before the annulment/divorce is finalized and later gets her I-360 approved, her divorce/annulment (even with fraud wording) may not be considered as basis for AOS denial. The immigration VAWA protection may outweigh the family law ruling. She may be approved as victim of domestic violence.

Approval of I-360 has no relevance on approval of I-485.  It is the same as a K-1 approval.  You have an approved visa that allows you to Adjust Status.  There are those with an approved I-360 that did not get their AOS approved based on Fraud and did not receive a Green Card.  

[portorusa 431]

3 hours ago, Pinkrlion said:

Approval of I-360 has no relevance on approval of I-485.  It is the same as a K-1 approval.  You have an approved visa that allows you to Adjust Status.  There are those with an approved I-360 that did not get their AOS approved based on Fraud and did not receive a Green Card.  

Right. And there are those that successfully AOSed based on approved I-360 despite of the « fraud » allegations AND an annulment  of marriage with a US abuser. All I am saying there are precedents if either out there. It depends on the circumstances of each case, I guess. 

[Kingdomcome84 18]

I am going thru the same as OP. My foreign spouse also aborted my child within 7 months of marriage without me knowing and claimed miscarriage.  She's been denied VAWA emotional abuse and she filed a protective order against me so she can make up physical abuse. i petitioned to change the existing divorce case to an Annulment based on bigamy and by my surprise, the court agreed to set aside the divorce to here my annulment case first which the status hearing is set in 2wks

 

My question is if i win the annulment based on bigamy, isn't this enough for USCIS to deny the foreign spouse VAWA claim? Does the annulment has to based ONLY on fraud/misrepresentation for USCIS to void the VAWA claim?

[Pinkrlion 2,610]

2 hours ago, kingdomcome84 said:

I am going thru the same as OP. My foreign spouse also aborted my child within 7 months of marriage without me knowing and claimed miscarriage.  She's been denied VAWA emotional abuse and she filed a protective order against me so she can make up physical abuse. i petitioned to change the existing divorce case to an Annulment based on bigamy and by my surprise, the court agreed to set aside the divorce to here my annulment case first which the status hearing is set in 2wks

 

My question is if i win the annulment based on bigamy, isn't this enough for USCIS to deny the foreign spouse VAWA claim? Does the annulment has to based ONLY on fraud/misrepresentation for USCIS to void the VAWA claim?

Isn’t bigamy fraud/misrepresentation?

[Kingdomcome84 18]

Bigamy is being already married to someone while married to me at the same time. 

Didn't divorce the first spouse before marrying second spouse

 

So my question is would USCIS void a self-petitioning spouse i360 VAWA on basis of Bigamy. OR is an annulment only useful when its due to fraud/misrepresentation

Edited July 21, 2020 by kingdomcome84

[Pinkrlion 2,610]

30 minutes ago, kingdomcome84 said:

Bigamy is fraud/misrepresentation

Bigamy is fraud/misrepresentation

Edited July 21, 2020 by Pinkrlion

[Villanelle 4,121]

12 hours ago, kingdomcome84 said:

Bigamy is being already married to someone while married to me at the same time. 

Didn't divorce the first spouse before marrying second spouse

 

So my question is would USCIS void a self-petitioning spouse i360 VAWA on basis of Bigamy. OR is an annulment only useful when its due to fraud/misrepresentation

You really should make your own thread instead of hijacking this one  But as discussed in this thread people use the terms 'VAWA" or a 'VAWA case' to describe the process of an abused spouse adjusting status w/o the abusive spouse. The VAWA process includes the 360 (the underlying form) and the 485 (the adjustment). So the 360 part establishes their was a relationship and there was abuse. (As compared to the 130 which establishes the relationship) Once its approved the immigrant can file the 485 to adjust (get the greencard). As discussed here it is possible to get the 360 approved but have other issues that can prevent you from adjusting with the 485. 

 

Based on what you posted - bigamy is not allowed. She can not get anything approved if that is true. Not the 130 and not the 360. Both the 130 and 360 require a valid marriage and if she was already married (and not divorced) when you married then your marriage is not valid for any kind of immigration benefits. The 485 also would not be able to be approved due to bigamy but with out an approved 130 or 360 you cant get to the 485.

 

If you have documentation she was married already when you guys married you can send it to USCIS. You dont need to wait for an annulment or divorce. Again your marriage can not give her immigration benefits if she entered it while already married. You can send a letter explaining everything along with proof of bigamy to both the service center and your local office. Mark it attn FDNS (the fraud dept investigators). You may not get a response back so make sure to send it with a tracking number so you know they got it. When the annulment is finalized you can send a copy of that as well.