Reporting domestic abuse & marriage fraud

[VALU 55]

11 hours ago, carmel34 said:

Mail in the evidence you have showing immigration fraud.  The arrest and domestic abuse charges alone do not prove immigration fraud, so you will need documentation of his intent to enter in to the marriage relationship solely to gain immigration benefits.  He had enough evidence of a bona fide marriage to get the 2-year green card, so he can use that to file ROC with a divorce waiver and do it without you.  His criminal record may present a challenge down the road for ROC and if he applies for naturalization but you have no control over that. His future legal status in the US is his own, focus on your own life and the divorce process and try to move on.  Good luck!

Thank you. Unfortunately, I can't just ignore the immigration fraud, domestic abuse and move on as you advised. I also do not want to be responsible for him financially after the abuse and everything that happened. 

 

I also read that for ROC, you need new information of a binafide marriage while living in the USA. Evidence submitted for the temp greencard don't count.

Edited March 8, 2021 by VALU

[Boiler 43,450]

11 minutes ago, VALU said:

I also read that for ROC, you need new information of a binafide marriage while living in the USA. Evidence submitted for the temp greencard don't count.

Where did you read this?

[VALU 55]

12 hours ago, Boiler said:

Seems and I know that there are many variations and we are talking of charges anyway that these are likely to be Misdemeanours.

Yes misdemeanors with a maximum sentence of 10 yrs. Child Protective Services also did their investigation soon after his arrest and found him "guilty" (indicated) of child abuse and neglect. The police report is also damning with a video cam of the incident. I understand that immigration doesn't take lightly child abuse and domestic abuse, with or without a criminal conviction, if there's enough evidence that show lack of morals/moral turpitude.

Edited March 8, 2021 by VALU

[VALU 55]

9 hours ago, retheem said:

Actually, if there are two or more misdemeanors whose total sentence is 1 year plus then it's deportable. Then it depends also, are they all filed as one charge or different

Thank you. They are filed as 3 seperate charges. So he is being charged for:

 

1. 2nd degree assault 

 

2. Using a dangerous weapon

 

3. Reckles Child Endangerment 

[VALU 55]

11 hours ago, da95826 said:

A misdemeanor domestic violence case, spousal abuse and child abuse, are still deportable and inadmissable as a crime involving moral turpitude. As long as a convection is characterized as domestic violence.

Noted, thank you for that clarification.

[VALU 55]

9 hours ago, Boiler said:

Big difference between being deportable and deported.

Agreed. Whether he is deported or not is not my biggest issue. I have a child with this guy. He is already paying a lot of money in family support/child support. I got his first stimulus check etc. However, he committed a crime and should be held responsible and he threw it in my face many times during arguments that he married for papers. I hope justice will prevail. I will do everything I can on my part...

[VALU 55]

17 minutes ago, Boiler said:

Where did you read this?

I read it here. And hence why they ask for evidence of bonafide marriage when applying to ROC. They already have the old evidence when they approved for temp greencard. They want to see that you actually were in a bonafide marriage as soon as the spouse entered the USA. Isn't that the whole point of a i1751 ROC application?

[carmel34 3,531]

10 hours ago, VALU said:

I read it here. And hence why they ask for evidence of bonafide marriage when applying to ROC. They already have the old evidence when they approved for temp greencard. They want to see that you actually were in a bonafide marriage as soon as the spouse entered the USA. Isn't that the whole point of a i1751 ROC application?

Filing for ROC with a divorce waiver is different. 

[retheem 553]

11 hours ago, VALU said:

Thank you. They are filed as 3 seperate charges. So he is being charged for:

 

1. 2nd degree assault 

 

2. Using a dangerous weapon

 

3. Reckles Child Endangerment 

If he is found guilty you don't even have to file immigration fraud. The government will fight for you here. The second charge is a felony if i remember well

[VALU 55]

3 hours ago, carmel34 said:

Filing for ROC with a divorce waiver is different. 

Oh ok, got it, thanks. I read that getting a divorce waiver can be tough and you have to prove your grounds for a waiver, and initiating a divorce as the foreign spouse brings even more scrutiny. 

 

Can you file for a waiver with a divorce at any time, even after card expiration or a month before card expires?

 

Do you still need to provide final divorce decree within 87 days or so?

3 hours ago, retheem said:

If he is found guilty you don't even have to file immigration fraud. The government will fight for you here. The second charge is a felony if i remember well

Noted, thank you. 🤞

[Boiler 43,450]

Hard pushed to remember many having issues with a Divorce Waiver, now that excludes the criminal aspects.

 

The grounds would be that you are divorced.

 

Obviously Divorce can take time so they effectively put it on hold . Who files is not relevant.

[VALU 55]

2 minutes ago, Boiler said:

Hard pushed to remember many having issues with a Divorce Waiver, now that excludes the criminal aspects.

 

The grounds would be that you are divorced.

 

Obviously Divorce can take time so they effectively put it on hold . Who files is not relevant.

Noted, thanks for your input. So a divorce waiver is never denied; it's always approved?

[Boiler 43,450]

2 hours ago, VALU said:

Noted, thanks for your input. So a divorce waiver is never denied; it's always approved?

If it was not for the possible criminal aspect should be a simple RoC.

[VALU 55]

1 hour ago, Boiler said:

If it was not for the possible criminal aspect should be a simple RoC.

Got it, thanks!

[VALU 55]

I will continue to  fight this from all fronts and not simply rely on the State Prosecution to prove the case, even though they said that they have a good case/evidence. I appreciate everyone's input here.

 

No one ever seems to talk or sympathize with emotionally, financially and physically abused USA citizen spouses on these immigration forums. It is always the other way. I have noticed that no one even said "sorry you went through this." Had it been the other way around, an abused foreign spouse would have gotten a lot of sympathy. I wonder why that is....

 

But I do appreciate everyone's input. I'm so glad the US government was smart enough to have a temporary 2 year greencard to protect USA citizens, although it doesn't seem that hard to ROC or maybe it is and the unsuccessful don't report back here.