verysadguy

Thanks that is great info.

You know in my case she came here on a K-1 and we got married. Everything was fine for a whole week until I found out she had another lover. Since then she has lied to everyone under the sun, but she did have health insurance through me as an attempt to prove a bona fide marriage. Then there was the whole scam of claiming human trafficking against me. Then the I-360 filing. Kind of wondering if the adjudicators really give a rat's patootie about honest US Citizens who get screwed over like this.

And I basically did hire a delivery van to take all the evidence to Vermont plus two congressmen's assistance. I hope she gets a P6C and it sticks. My child needs protection from that sociopath. It's too late to overturn the K-1 and the marriage, just wondering if the I-360 can lead to a P6C I guess. Sometimes you just have to send the scammers home.

NOID and removals are no fun, but it's fact that a lot of people lie and they should go home IMO.

Does anyone have direct experience with this? Can anyone share stories on what caused P6C determinations? Any VJ experts who can shed light on this would be appreciated.

From what I understand these designations are placed by USCIS when there is evidence of fraud and other inconsistencies on applications.

Well, it's a trend, so far. I hope it continues ... I really, really do.

We have only 3 scant months of data about this...

Darnell will this affect I-360 VAWA Applicants at all? You know I am fighting an especially bad case of fraud and very anxious.

verysadguy keep in mind that Vawa unit does not try to deport or remove the self petitioner from the United States after the Vawa petition denial,if the individual wasn't in removal proceedings before of course.

Yes, I know. Even if she gets VAWA she could still have benefits fraud and not get LPR. I'm hoping with all her lies she gets a P6C from CIS and then put in to removal proceeding. I think VAWA unit will not even get to her case for another 6 months.

Now I think she might be pregnant with her new USC lover. This case is SO VERY CRAZY. USCIS is too slow!!!

Once you established de facto parent standing I think you should start considering a termination of biological mother’s rights huh? .You need a family lawyer to help you.

Yes, I thought about that, but she is fighting now for custody because she wants more money. She also threatened with her boyfriend to get primary physical custody back. But I have to laugh, she hasn't seen the baby for 4 months and only called once to even check on her.

I just hope USCIS makes the right decision on the VAWA and the benefits fraud. She doesn't deserve LPR status.

I will send more information to them when I have the final divorce decree. Still waiting for Darnell's check list! Thanks sandranj

Divorce going through now.

Not sure about custody but baby is safe with me.

Mom never even calls.

Hoping for VAWA to make the right decision and send this crazy woman home.

Darnell?

SandraNJ?

I need help here please.

Vermont's moving a lot faster than they had been for the past 5 months.

VSC seems slow, or they don't update the processing dates monthly.

VAWA still on June 5, 2011

16 months behind?

I see most posters showing 1 year for VAWA reviews.

Weird. I've sent 2 or 3 and it seems they don't go through. Can you PM me then I can respond?

I contacted my new congressman who also forwarded a request to VSC to look at ALL THE EVIDENCE before adjudicating my case.

Fraud, lies, bad moral character, affidavit that was full of lies...

I really don't think a woman can lie that much and get LPR. It would be a slap in the face to honest immigrants, American citizens, and taxpayers.

Darnell...I never saw your list of what to do. Please? Pretty please?

Sandranj, did you finally get my PM? Many of your PM's are blocked to replies

verysadguy I didn't get any PM from you.

Weird. I've sent 2 or 3 and it seems they don't go through. Can you PM me then I can respond?

So, it's the USCIS district director that has seemingly dropped the ball.

Once yer there in the Infopass appointment, talking with the ICE Shift Supervisor,

bring out yer pile of documents,

SHOW THE EVIDENCE TRAIL (of stuff you've submitted) and focus on DATES of things submitted,

and ask that ICE fella for his input.

<EOM>

I tried a new congressperson who sent an inquiry to DHS who then forwarded to the NVC. The NVC sent back a letter that said contact the Embassy or US Consulate of origin. LOL.

She is already here in the US. So that was a bit of a dead end.

I still shudder to think an alien can lie his/her way to the USA, lie through a matrimonial ceremony and subsequent marriage, then lie to his/her non-profit sponsor and USCIS, get an EAD and be on the cusp of being granted LPR status on completely fraudulent grounds. Why have national security etc? Seems like a waste of taxes.

verysaid guy in psychological abuse cases the psychologist can state if the individual suffered mental abuse or not. keep in mind the Vawa unit officers are well trained and they can smell lies, and theY will adjudicate the case based not just in the individual affidavit, but they will consider the psychological evaluation as well. The psychologists when perform a psychological evaluation they include several basic components in their evaluation such as interview, collateral contacts, testing, diagnosis, recommendation, personality-emotional-behavioral tests, assessment tools and psychometric tests etc..

Can someone fake? absolutely, but we are talking about psychological evaluations performed by experts in psychological evaluation. We can't discard their evaluations at all otherwise we will compromise all cases, they are extremely important for providing assessment in adult criminal court or juvenile hearings as well.It's clear the psychologists can provide valuable informations to USCIS or to the court.The role of a psychologist is fundamental in cases of mental abuse.

thank you that is a very good explanation!!!

I think my judge is going to order an independent evaluation of her beyond what she sends as affidavit to USCIS. Unfortunately for me I will have to pay and it's something like $10,000 dollars.

I hope the adjudicators can sniff out the lies like you say. I do not feel good because I heard in NY State yelling at your wife is enough of a case to call it abuse!!! No extreme cruelty there at all...ridiculous.

I decided to explain here a little bit about mental abuse, because i receive so many messages every week asking me how to prove mental abuse. Many people think they just need to tell immigration their spouses are mean, unkindness, call names etc...well you need much more than that to have a Vawa approved based in mental abuse.First of all the law is clear you must prove" extreme cruelty" it means you have to prove mental anguish, but keep in mind that infidelity,abandonment or separation is not considered mental abuse by Vawa Unit.Some people are mean,some of them have some tensions and/or incompatibilities but these things do not constitute extreme cruelty either.

Signals of mental abuse are humiliation,degradation,isolation,coercion, possessiveness, control over you,threats,not allowing to get a job,controlling all the money etc...but a isolated act do not constitute mental abuse, it must constitute part of an overall pattern. You have not just describe the acts(mental abuse), but the feelings in response to the abuse, describe what were you before the abuse and tell the quality of life and ability to function you have now after the abuse. You need to prove that the mental abuse suffered was so cruel that your ability was or is compromised momentary or long-term. If you are stating that your partner isolated you then describe manner an duration of the isolation, describe your feelings during the isolation(anger,fear,helpless etc..),how are you feeling now that you left the abuser?.

Get a psychological evaluation, and the psychologist should state if you are suffering depression and/or anxiety,pos traumatic disorder etc...if you need medication, if what you suffered is considered mental abuse or not.

A very good primer. Exactly what my wife claimed but none of it happened. Very easy to fake that stuff. Proof would be better than claims no?

Here is the current update for processing time/time frame for I-360 Applications for VSC (as of October 2012:

I-360 Petition for Amerasian, Widow(er), or Special Immigrant

All other special immigrants

June 5, 2011

The website has been showing June 5, 2011 for a few weeks now. When will it update?

walk into a SSA office.

ask for the shift supervisor.

give passport and green card to supervisor, then ask supervisor

to do

a SAVE database lookup on A# and VISA NAME.

If not found, something is wrong, do NOT apply that day.

Darnell,

Do they ever stop giving out EAD's? For example in my case (still awaiting your list of to-do's!) will she stop getting EAD's if they drop her VAWA?

apologies - I got sidetracked with my work, probably can't give longish reply till late Thursday evening.

Darnell, I did send in some stuff, but I'm awaiting your advice.

Sandranj, I sent you a PM but I didn't see a reply

Since July "the ex" has only checked on the baby once. Crazy huh?

best of luck but just so you know some men are just jerks there are alot of guys in this country that are USC that walk out on their kids. Maybe being a dad freaked him out.. I dont know how long you have been seperated now but he may realize it was a mistake and come back. But either way it sounds like you have a good family behind you so love that baby and take care of yourself right now your hormones are all over the place after just having a baby this stress is not good for you or the baby. The best thing that ever happened to me were my kids. Regardless of his decission to stay or go you are the lucky one to have that baby. But he is not off the hook you need to make him pay child support. That you dont let him get away from. Let him have the American dream which is work hard everyday for every penny you get.. But also make him pay the american child support.... Good luck...

And just for the record there are plenty of bad women out there, too. And they will walk out on their kids, too. I know. I lived it.

If my husband had changed after I immigrated to US, I'd leave him and go back to my home country. The purpose of the petition is to be re-united with family. I just find it hard to believe that immigrants are willing to stay over here at all cost after being subjected to abuse shortly after arriving in US claiming the marriage wasn't entered for immigration purposes.

They stay here primarily for one reason and one reason only...MONEY. Once they are here, very few go home.

Well, now yer getting somewhere.

I'll write up some detail for ya, later in the day, on things you must include.

It won't be a complete list, but a 'must have' list.

You probably have an idea already of what to send,

but my hope is that you'll see my list and have an 'aha!' moment.

hang in there.

Anxiously awaiting your list!

OK - what does 'HSI' stand for, in that context ?

HSI=Homeland Security Investigations

Will do Darnell. I only got one form letter from the District Director long ago. I was told that everything was sent to investigations, but I don't know if that was USCIS investigations or ICE investigations. Some had receipt numbers, in other words WAC numbers, some had A file numbers. Supposedly all got to her file. I will let you know in 3 weeks after the InfoPass appointment, unless anything happens before then. Thanks a bunch.

Hi Darnell, Jimmy, and Sandra,

I went to infopass.

They sent me to HSI and spoke to duty officer.

He said send in all evidence with A number attached.

They would then get it to the right people.

One can only hope, but they said don't be surprised if she gets a green card.

Even lying fraud sometimes gets green card. Isn't America great?

newimmigJD in cases of Vawa based in "mental abuse" psychological evaluation has A HUGE weight. A good psychological evaluation can make a great deal of difference in Vawa cases. I have two cases of two women that filed Vawa based in mental abuse, they had just their testimony and the psychological evaluation. They were so controlled by their husbands they didn't have ONE SINGLE bill in their names, not even bank account, no one single document to prove bonafide marriage and mental abuse, but the psychologists performed a great evaluation and stated to USCIS those women were mentally battered, they were controlled, suffered all kind the humiliations, they were harassed, humiliated,degraded,verbally abused, lived in fear.The psychologists could demonstrated the abusers used power and control to abuse them and USCIS approved their case with just their testimony and psychological evaluation.

Regarding affidavits from friends and family they are highly trained to "smell" lies,lol. Yes it's better to send affidavits from independent witnesses.

That's just crazy and lying I think.

I feel very sorry for the real abused men and women, but I feel more sorry for the broken hearted men and women who get cheated for thousands of dollars and left coldly in depressions and lonliness...the true victims of VAWA like me.

Stilaalive you said "you failed to overturn the decision about Bona Fide marriage thats why you are getting the second RFE, kind of second chance to overturn the situation, keep in mind you are a man not a woman, so you know what I mean, you are a provider (USCIS-point of view) so all your evidences about Marriage are supposed to be strong and credible". Well your remark because he is a man there is nothing to do with the way USCIS will adjudicate his case. Women and men must prove bonafide marriage. Being a provider? I didn't get it, we don't have in the Immigration Law anything specifying the man must be the provider, or because he is the provider his case will be adjudicated different. Keep in mind every year almost 2.000 Vawa cases are denied, and 98% of the cases were filed by women, not men. Then I think you are a bit confuse regarding your thinking. USCIS will adjudicate the case based in the violence suffered and bonafide marriage if the individual is a man or a woman USCIS can't care less.

Current stats for VAWA unit at the VSC:

TOTAL i-360 Approval rate

2009 8,534 79%

2010 8,360 71%

2011 9,209 68%

source: www.fas.org/sgp/crs/misc/R42477.pdf

I will give you more details here,

as far as I-864 (supporting her), you are required to support her finanically in case she became a public charge. This commitment will be cancelled only if she became US or worked for sometimes (almost 10 years )

Most likely she has a green card for two years if you divorced her, she can stay as long as the green card is valid, then she will need to remove conditions to get the 10 years green card, and YES she can do that on her own as long as she can prove she did not marry you for just immigration.

In my opinion, 3 months is not enough time to search for a job in this bad economy, it took me 4 months, and knew some that took them from 6 months to a year, you can not punish her for that.

As far as your marriege, try to work things out if you can unless you are pretty sure it wont work.

Hard to find a job? Are you kidding? My ex found a job within seconds of getting her EAD, heck she was even working illegally before she got her EAD.

Nope

Love is not required for a K1 so it would not be material.

Seriously? That is bizarre!

There was one recently where the person had previously immigrated under a false name and had obtained fraudulent documentation to support the current application.

These are good.

In my case I'm wondering if "when she went for her K-1 interview she said she loved me, but I have photographic evidence of her with her lover" that constitutes fraud and as the definition states "willful and deceitful" misrepresentation.