Removal of Condition with Ground of Divorce = Cruelty... HELP!

[EM_Vandaveer 2,375]

5 hours ago, VALU said:

I believe he already applied to remove but has been stalled by the pending issues, based on what he said during the trial. If he vacates his removal of conditions application, I will be good and happy with that also.

You are better off with him becoming a USC ASAP, meaning his ROC being approved and later him naturalizing. Outside of (God forbid) either of you dying, this is the quickest way for the (never enforced) I-864 obligation to end.

[Okboy 43]

8 hours ago, VALU said:

Hi guys,

 

I posted before about my case. US Citizen who sponsored now ex-husband as of today. We are in the State of Maryland. The Judge ruled that it was indeed based on Cruelty that the immigrant husband subjected me to. However, the Judge said that the ground of divorce are not mentioned on the divorce document. I thought the Divorce creed mentions that because immigration officers would want to know the real reason for the divorce. The ex-husband filed for divorce to remove conditions and has a pending criminal case of domestic abuse. I counter-filed his divorce saying it was not based on mutual agreement but cruelty which I was able to prove in divorce trial today.  So if cruelty grounds of divorce won't be mentioned on the divorce document, how would immigration know?

 

I'm going to send immigration the divorce hearing/trial transcript where the judge ruled Cruelty as the grounds of divorce. But it sucks that the divorce document won't have that. I live in Montgomery County, Maryland. Has anybody ever heard of this? Please advise on how to handle this because I want immigration to know the truth about this marriage and the grounds of divorce. I thought EVERY divorce creed that immigration gets has Cruelty/real reason for divorce noted. This one will just say Absolute Divorce granted or something like that...

Why not move on with your life and not bother yourself with his immigration journey? Leave vengeance to God.

[African Zealot 1,453]

The combined immigration knowledge on VJ is more than you have accumulated. The reason why people are telling you to focus on your divorce and your healing instead of mission to get him deported is that we’ve seen this rodeo just too many times and how it ends.

 

it usually ends in more frustration for the American petitioner because a vast majority of the time, the immigrant manages to adjust status despite the efforts of the petitioner. Whether cruelty is mentioned on the divorce decree or not is going to almost zero bearing on his removal of conditions.

 

What immigration cares about is fraud. Yes the moral character of the intending immigrant is required however the lack of that will be established by the criminal conviction, not the blurb about cruelty or whatever in the divorce decree. They will already have his criminal record from the background check hence the chances that anything you send in will have added effect on his adjustment is minuscule hence the advice to focus on yourself. It is well intentioned advice.

 

Of course you are free to put maximum energy into your efforts however remember it only makes it more frustrating and painful when at the end of it, all comes for naught. Indeed as some pointed out, counterintuitively it is most times better for the American that the immigrant (who they probably despise post-divorce) rapidly progresses in their immigration journey to citizenship so that the American citizen is no longer legally financially liable for them.

 

Good luck either way!

[VALU 55]

20 hours ago, JeanneAdil said:

Regardless, you can still send in the court documents and see what they say. But proceed with cautious optimiosm. 

 

OP  the above poster says this as USCIS views marriage fraud (if u can prove it) as USCIS says the following:

 

Both non-citizens and citizens can face consequences for committing marriage fraud. ... Any person, whether a citizen or a non-citizen, who intentionally commits marriage fraud for immigration purposes faces up to five years in prison as well as a $250,000 fine.Jul 27, 2021

 

Let it go

People who like to post what you posted in your last sentence are fear mongering. I'm not afraid or threatened by this scare tactic of reporting this to USCIS in fear of getting personally accused of fraud. You mentioning this is a clear scare tactic because its not warranted. You can report and prove your innocence. My case is cut and clear....

Edited January 8, 2022 by VALU

[VALU 55]

19 hours ago, Boiler said:

You think he will go home if he is unable to remove conditions?

Honestly, I don't really care what he does. I just don't want him getting his papers through me after everything that has happened. He can stay here illegally all he wants. I will still collect a big child support check. I just want to make sure that I'm protected both financially, physically and immigration wise if I ever end up marrying another foreigner. This was my first marriage ever. I don't want my record tainted.

[VALU 55]

19 hours ago, Coco8 said:

If you want him to be denied  the removal of conditions, I think that getting him a conviction for the domestic abuse is going to help more than the divorce. Convictions gets people in trouble with immigration. 

Right. I'm covering all grounds; leaving no stones unturned. I will also submit all the evidence and proof uses in divorce court that lead to the cruelty divorce judgement. I have been subpoenaed to testify in his criminal case.

[VALU 55]

14 hours ago, EM_Vandaveer said:

You are better off with him becoming a USC ASAP, meaning his ROC being approved and later him naturalizing. Outside of (God forbid) either of you dying, this is the quickest way for the (never enforced) I-864 obligation to end.

I disagree. I'm better off with him being denied. I have submitted so much proof to the USA government of the cruelty and fraud and now divorce court. If they ignore that, I will make my case in court as to why I'm not supporting my abuser to live a good life because the US government failed to do its job. And plus, no one here has heard of anyone being asked to enforce the affidavit of support, especially in the pandemic era. So chances of that happening is Zero. So yes, I disagree with giving him a pass... Abusers should never be given a pass for wrecking havoc in other people's lives.

Edited January 8, 2022 by VALU

[VALU 55]

13 hours ago, African Zealot said:

The combined immigration knowledge on VJ is more than you have accumulated. The reason why people are telling you to focus on your divorce and your healing instead of mission to get him deported is that we’ve seen this rodeo just too many times and how it ends.

 

it usually ends in more frustration for the American petitioner because a vast majority of the time, the immigrant manages to adjust status despite the efforts of the petitioner. Whether cruelty is mentioned on the divorce decree or not is going to almost zero bearing on his removal of conditions.

 

What immigration cares about is fraud. Yes the moral character of the intending immigrant is required however the lack of that will be established by the criminal conviction, not the blurb about cruelty or whatever in the divorce decree. They will already have his criminal record from the background check hence the chances that anything you send in will have added effect on his adjustment is minuscule hence the advice to focus on yourself. It is well intentioned advice.

 

Of course you are free to put maximum energy into your efforts however remember it only makes it more frustrating and painful when at the end of it, all comes for naught. Indeed as some pointed out, counterintuitively it is most times better for the American that the immigrant (who they probably despise post-divorce) rapidly progresses in their immigration journey to citizenship so that the American citizen is no longer legally financially liable for them.

 

Good luck either way!

Everyone's case is different. You're encouraging me to give it up. I'm not frustrated or in pain. That/how I feel should not be of anyone's concern as I did not make that an issue here because it's not.... I love fighting for justice and I will continue to do that, no matter the outcome. I can't be demoralized by others cases whose circumstances and fight was different from mine. No one ever knows how things will end. The least one can do is try... I'm not losing anything for trying. I will lose everything by not trying. Because in the end, my peace of mind will be in knowing that I fought for my rights until the end, no matter what. There's never a regret in giving something/fight your all, even if it doesn't work out and you don't win... I will always be my best advocate. I have taken eveey advice with a grain of salt....

Edited January 8, 2022 by VALU

[VALU 55]

14 hours ago, Okboy said:

Why not move on with your life and not bother yourself with his immigration journey? Leave vengeance to God.

It's not vengeance, it's justice. God doesn't fight or avenge alone... He uses people. How do you know me doing my part is not part of His plan?... God has been with me every step of the way thus far:

 

- Almost US$900 in child support

 

- Full custody of kids

 

- Cruelty divorce ruling

 

- One more fight pending...

 

Giving criminals and abusers a pass like many of you are encouraging is very narcissistic so spare me with that mess....

 

Don't ever sit on your butt and wait for God to show up; do your part and give God something to work with... So I disagree with your take on "vengeance."

Edited January 8, 2022 by VALU

[JeanneAdil 6,291]

28 minutes ago, VALU said:

People who like to post what you posted in your last sentence are fear mongering. I'm not afraid or threatened by this scare tactic of reporting this to USCIS in fear of getting personally accused of fraud. You mentioning this is a clear scare tactic because its not warranted. You can report and prove your innocence. My case is cut and clear....

you need to read about the different groups that have been arrested for marriage fraud 

as we saw posted about 5 months ago

LPR's and USC's arrested or fined and put on probatation

 

i am not a fear monerer

i am stating what is posted on USCIS 

and ICE takes it serous 

 

https://www.post-gazette.com/news/crime-courts/2020/06/05/New-Jersey-woman-fake-marriage-scam-Nigerian-Whitehall/stories/202006050093

[VALU 55]

Anyone reading this now and in the future who finds themselves in my shoes... Don't listen to the naysayers, most of whom are non/recent US Citizens/Greencard holders. Fight your good fight and seek justice... And leave the rest to God. Karma is also a B so hit all angles and let them land where they may...

 

I appreciate those who directly addressed the question I asked by encouraging me to send the documents and see what happens... Your hearts and minds are in the right place. 👏🙌. I'm out to handle my business, with God's help... He gave me a brain and strength for a reason... Cheers to All and wish me well...😁

Edited January 8, 2022 by VALU

[Chancy 6,233]

1 hour ago, VALU said:

Don't listen to the naysayers, most of whom are non/recent US Citizens/Greencard holders.

 

What does being a non-USC have to do with it?  How do you even know the people who posted are not native-born American in the first place?  A foreigner hurt you, so now you dismiss advice from non-Americans because they don't say what you want to hear?  Wow.

 

[Boiler 43,842]

2 hours ago, VALU said:

It's not vengeance, it's justice. God doesn't fight or avenge alone... He uses people. How do you know me doing my part is not part of His plan?... God has been with me every step of the way thus far:

 

- Almost US$900 in child support

 

- Full custody of kids

 

- Cruelty divorce ruling

 

- One more fight pending...

 

Giving criminals and abusers a pass like many of you are encouraging is very narcissistic so spare me with that mess....

 

Don't ever sit on your butt and wait for God to show up; do your part and give God something to work with... So I disagree with your take on "vengeance."

 

I do not agree with the others suggesting you have issues, nothing I have seen suggests that is vaguely possible.

 

I would like to think I focus on the practical and the practical issue here is collecting child support, how can that work if he is in Jail, here undocumented, or leaves?

[African Zealot 1,453]

5 hours ago, Chancy said:

 

What does being a non-USC have to do with it?  How do you even know the people who posted are not native-born American in the first place?  A foreigner hurt you, so now you dismiss advice from non-Americans because they don't say what you want to hear?  Wow.

 

Supposedly we immigrants would be biased towards giving advice favorable to the immigrant. That could be possible but…..

 

In any case I think OP has received enough advice in furtherance of mission and is equipped to proceed. Advice is not binding, one is allowed to pick from the abundance of advice which is best for them.

Edited January 9, 2022 by African Zealot

[iwannaplay54 985]

18 hours ago, VALU said:

Anyone reading this now and in the future who finds themselves in my shoes... Don't listen to the naysayers, most of whom are non/recent US Citizens/Greencard holders. Fight your good fight and seek justice... And leave the rest to God. Karma is also a B so hit all angles and let them land where they may...

 

I appreciate those who directly addressed the question I asked by encouraging me to send the documents and see what happens... Your hearts and minds are in the right place. 👏🙌. I'm out to handle my business, with God's help... He gave me a brain and strength for a reason... Cheers to All and wish me well...😁

I’m not a recent US citizen LOL and this is where your justice is warranted and what you are entitled to

 

- You are entitled to protection from your abuser, I am assuming you have an order of protection which lowers the bar significantly were you ever in a need to exercise self-defense or in need of having your abuser dispatched from your presence

- You are entitled to support for your child/children.  It seems you have a ruling on that

- You are entitled to legal justice.  Your abuser has been arrested and prosecuted so it seems the legal system came through for you

 

That’s it and it’s now on you to move on, continue to protect yourself and your family, and leave this behind.

 

What these people are saying is - once divorced his immigration steps are not something you are entitled to impact or change.  His ROC has nothing to do with you anymore.  It’s his, not your problem and I second the advice to walk away from this and let his case stand/fall on its own merits.  
 

Your marriage, such as it was, appears to have been legally valid for purposes of immigration and marrying a USC dirtbag by the way doesn’t legally invalidate the entire marriage either.  That is the standard that will be applied so you think about that while you pursue justice.

 

Best of luck 👍

 

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