verysadguy

Thanks! Yes, I have 100% physical custody thank God. I just don't want USCIS to make a mistake in the decision on this case. Clear cut K-1 romance fraud. Why would I ever sponsor and bring over a woman who has a lover during the entire courtship, engagement and pregnancy? If she gets a green card it will be a joke of the entire system.

mothers wouldn't be getting deported (which they are).

I'm sure there is no statistic for that other than reading the news about the occasional mother that gets deported. It is probably a higher number than we think. Anyone have an testimonials regarding cases in which mothers get deported. Especially after a VAWA denial? Would be much appreciated. I just hope that the VAWA agents in Vermont carefully looked through the A-files and contacted the ICE agents who have all the evidence in my case.

I know it's normal to stress over the most important "step" in this process in order for your fiance(e) to come back home with you. Since my fiancee is Catholic and her family is very religious, we are going to have a special mass to pray for Uyen to have a successful interview the day before. For the papers, I do have a chronological timeline + 10 year residency. Would these papers need to be notarized or is it OK just to sign them only? Also, I am planning to dress up for the interview (church clothes but no jacket) just to make a very good first impression towards the Consulate Officer. I am certain Uyen will do the same.

I notarized my personal statements. The pictures speak for themselves. Of course a good history/timeline of your relationship helps. Of course dress nicely. These interviews are actually very easy, but the general populace in HCMC thinks they are like a criminal interrogation. That only happens if there are inconsistencies in your evidence or story. My gal only got asked like 3 or 4 simple questions.

Sadly, as you know I got scammed (separate thread), but heck the I-129, affidavits, and K-1 visa approval were all pretty easy and routine. It's the waiting that can be at times be stressful.

So she has been out-of-status since 2009. You have been married for almost 3 years. This means on successful AOS she will get a 10 year card.

The above advice from other posters is fine IF there is fraud but you haven't suggested there is.

Basically you can file for divorce here without problem. You should halt any immigration process AND make sure you are NOT alone with her at any stage. She can try and get a GC by accusing you of abuse.

You said "putting her on a plane home is easy" so do that. Buy her a ticket back to Peru. Withdraw your I-864 (you cannot cancel the AOS process as it is not yours) and file for divorce. You can also not reply to the RFE (I assume RFE?) she got for the i-693 and the case will be denied.

I will also mention due to her overstay once she leaves she will have a 10 year ban on returning to the US. It is waiverable though.

How does one "properly" pull the I-864?

You need to act fast.

STEP 1:

goto infopass.uscis.gov and find out the address of the service center. If you are an American citizen you do not need to schedule an appointment if you do not wish it...just do what I did and go there. Have a printed out statement withdrawing yourself from the visa process for your wife...be prepared to sign it in front of a case worker who will pull your wife's immigration paperwork that is electronically stored on all immigration/DHS computers. Sign it. Then call the ICE 1-800 number and let them know.

STEP 2:

Do not tell your spouse what you just did....perhaps even goto the courthouse and have a temporary restraining order placed for your protection against a future charge of domestic violence. If you do not do this, I would advise you to go stay with friends or family for a month. She will become violent likely when she finds out and try to use the last desparate trick in the immigration scam book and get you charged with domestic violence, it may get dismissed in time as they usually all are but you do not need to deal with the hassel.

STEP 3:

She will become out of status after the 90 days and become deportable since she has not gotten her permanent green card and can't waive conditions because she does not have the conditional card. If she has not left your place yet, they you have to get the restraining order and have the police remove her...do not go there without a witness, I can not stress this enough.

STEP 4: FILE FOR DIVORCE, PREFERRABLY ANNULMENT BASED ON IMMIGRATION BENEFIT FRAUD IN STATE COURT. She may try to hide to not be served the paperwork, continue it...even if you do not know her location.

BEFORE YOU GO IN TO USCIS...close all jointly held accounts(your accounts that you added your name to, she will clear them out if she has an opportunity).

You may via email ask to purchase her a plane ticket but do it through email only. There is a form she may fill out as well with USCIS where she agrees to be removed and USCIS will remove her at the government's expense if she can not afford it....this is what I would do since you have spent enough time and money to be defrauded in the end.

Keep reciepts of all your expenses on her. They will become tax deductable since you have lost income/assets as a result of a crime which you have reported. I reported 10,000 in losses from fraud to the IRS. If you purchased a ring for 5000 and sell it for 3000...that loss is considered capital gains loss and I would report that as well.

most importantly, act fast....a false charge of domestic violence may not seem like much....but it is comparable to raping a persons good name. Fingerprints stay with the FBI FOREVER. Even if the charge is eventually dismissed at the state level.

This all great advice and very similar to what I did.

If this would be the case, there wouldn't be thousands of illegal immigrant mothers deported and leaving their US Citizen kids behind. You are totally incorrect on this matter.

No, you are incorrect. Mothers do get deported. If they stay they are illegal, and only a few of them get citizenship. You need to read carefully what was written and what you wrote.

The now taboo terminology "anchor baby" is incorrectly associated with a mother's right to stay. I have a friend in the DOJ who works alongside ICE. They do indeed deport mothers. FACT.

You can look this up yourself.

According to PolitFact of the St. Petersburg Times, the immigration benefits of having a child born in the United States are limited. Citizen children cannot sponsor parents for entry into the country until they are 21 years of age, and if the parent had ever been in the country illegally, they would have to show they had left and not returned for at least ten years;

In any event, this thread is mostly relating to my unfortunate case where the mother was really really bad with tons of hard evidence and why justice is so slow. Your opinions are fine, but I'd really like facts and anecdotes from people who have actually been through USCIS rejections, ICE investigations, and removal proceedings. Thanks everyone.

I see that VAWA cases are approved most of the times. The way you put your case I think is not fair for you. I would say don't waste more efforts and money trying to have her deported. I think is more important that you protect your child and yourself from her possible come back after a VAWA approval. You may get more from a civil court, I am not a lawyer but she is also a parent she may have to pay for child support too. I hope you find the best help for you and your baby.

Yes, VAWA's are approved about 80% according to one attorney I spoke with. The USCIS site says evidence must show physical abuse. She filed for emotional abuse per her attorney. Stupid.

Yes, I have locked my doors, made my mail safe etc. Thanks everyone!

I used to work at court and specialized in illegal immigrant cases. Unfortunately, I have to tell you that your soon-to-be ex-wife is eligible to apply for citizenship because she is the mother of a U.S. citizen.

Mothers do get deported. She can TRY to apply for new I-94, I-495, use a non-profit, and try the VAWA angle. However, with at lot of evidence and perhaps one or two level-headed USCIS/ICE folks they will see she came here fraudulently.

ICE doesn't have time to investigate every accusation.

USCIS will be required to consider her application for a green card based on abuse.

She'll have to prove she entered the marriage in good faith, which generally means evidence of comingled finances and cohabitation. Does she have any of this evidence?

She'll also need to prove the alleged abuse. Does she have anything like this? Police reports, medical reports, etc.?

However, they will consider the complaints you've filed when evaluating her VAWA petition, especially if you filed those complaints long before she filed her petition. You may never know if she was successful.

Have no further contact with her unless it's supervised.

Most Vietnamese girls aren't scammers, but the ones who are can be really vicious.

A few answers for some great posts.

I discovered the scam when we were home and our computer kept popping up the same screen name over and over. With her sitting right there I googled the screen name and it came up with the name of a Vietnamese man, then she confessed. I told her family, and she promised to stop. Of course she didn't.

ICE can't investigate every case I understand, but her sponsors contacted ICE, and my congressman contacted ICE. So, now they have it on file.

USCIS was notified before her K-1 expired but after we were married. At least they know. My worry is that USCIS and ICE are not sharing data well. According to testimony at the child custody hearing the ICE agents didn't know what her status was. That is scary since that was several months after all this happened.

Abuse? There was no abuse. No police reports, no harassing emails, no testimonials. She "imprisoned" herself with her unwavering love for her man back in her home country. If she was miserable, that is just tough toe nails. She made her bed, now she has sleep in it.

I will know if she is successful or not, because if she does get her green card fraudulently she will come back after the child. More battles lie ahead.

All contact is supervised. I'm not stupid. Yes, she turned on the charm and tried to stay in my home. I said no of course. The one time she did see our child she showed up with an Asian thug. Very scary.

Vietnamese women as scammers. I don't know the statistics, but when I did go to USCIS and say I was there to report romance fraud the woman right away said Russian, Filipina or Vietnamese?!!!

My big question now is how long is typical until she gets a notification of removal proceedings?

I suggest you speak to a lawyer and counter-sue including wanting money for legal fees and return of your rings, refund of flight to send her home etc etc.

I am considering that. I want the rings back because she lied about her love.

I hope you're suing her for child support. She has no money.

Have you contacted ICE again? Many times, they never respond. I was actually told contacting them too much will actually slow down the investigation!

You said you sent evidence.. what evidence? Evidence of the cheating? Yes, many pictures taken on the same days she e-mailed me and said she loved me and was lonely but was really with him! Pictures of them in bed together and going to parties, vacations etc. up to the very last day she was in her country.

Do you have anything that prove this relationship was for immigration purposes and not just that she's a sh*tty person? Do you have evidence of conversations where she states this was for immigration purposes? Anything like that? That part is difficult, only things saying she just wants to get her green card and leave me, take the baby and get 18 years of child support.

Thanks so far everyone!

I'm just so shocked by the slowness of justice.

I am out about $50,000 so far.

Her crazy friend convinced my wife (divorce proceeding) to sue me for alimony and overturn marital agreement. More money I must pay for lawyers.

Had a friend for many years.

Then she told me she loved me and wanted to be with me.

I went to her country many times to visit her.

Sent her money every month.

Hired an attorney and did all the paper work.

On my last trip she got pregnant.

I went back and did an official engagement with an expensive ring so she could avoid ridicule in her home country.

Her K-1 was approved.

She came to the USA.

From the very first day I could see something wrong.

I gave her a phone and a computer.

We got married right away.

She had a nice home, health insurance and lots of cash to live on while I worked.

Two weeks after she got here, I discovered she had a lover in her home country throughout the entire courtship and engagement and PREGNANCY.

They chatted every single day behind my back by IM, phone, webcam etc.

They exchanged naked photos.

She sent him pornographic pictures of herself while pregnant.

She had his bank account number.

She agreed to commit adultery with him when she went home to visit.

They told each other they loved each other forever.

I was heartbroken at first but realized it was all a lie.

I had to protect my assets, home and child from her.

I confronted her, no verbal or physical abuse, and she agreed to stop with him.

Our baby was born.

She sent pictures of the baby to her lover.

I did DNA test and the baby is mine.

She never stopped contacting her lover everyday for 6 months.

I discovered more pictures of her with her lover during our entire relationship.

So, I filed for divorce.

She never got her I-94 when she arrived through customs.

I did not renew her I-94.

Her I-485 was rejected for lack of I-94.

I sent letters to USCIS with a removal of support declaration.

I contacted ICE.

I sent in evidence.

I have NEVER been contacted by an investigator.

I did receive a letter that her paperwork was delayed or missing evidence.

I contacted my congressman.

I went to USCIS field office.

Field office told me I couldn't get any information due to privacy laws even though I SPONSORED HER.

I served divorce papers and made her leave the house.

She agreed to go back to her home country.

I bought a ticket and agreed to give her money and keep the expensive rings.

She skipped out of the airport.

She disappeared for months and could not be found.

I have the baby and won custody.

She didn't even call to check on our baby.

I found out she is trying to petition based on abuse.

I never abused her.

There are no police reports.

She has lied to ICE, lied to her non-profit, lied to her family.

She has now been in the USA 1 year.

She has an expired K-1 for 9 months.

She has no I-94.

So, why hasn't she gone through removal proceedings?

How can her friends and family assist, aid, and abet her as an illegal alien (out of status right)?

Can she really get AOS with all this against her?

The baby can't keep her here.

Any suggestions out there to help protect my baby and me?

Everyone stresses about the interviews. They process 80-100 every business day. If the papers are completed properly and there is proof of relationship the interviews are a fast formality with very few questions regardless of language capabilities.