Hugh Cole

USCIS and ICE do not prosecute for immigration fraud. If they find someone is guilty of misrepresentation then they deport them - end of story. Many VAWA filers are lying about being abused. If USCIS determines they are lying then they simply deny the I-360 and start removal proceedings. They don't need to accuse them of misrepresentation in order to deny the I-360 (approval of an I-360 is discretionary, and the IO who denies it isn't obligated to prove anything), and they don't need to follow up with an accusation of misrepresentation after the I-360 is denied.

A "no contact" order is usually not sufficient, by itself, for a VAWA filing. Those orders can usually be obtained without any proof whatever that the claimed abuse actually occurred. Now, if she had her boyfriend beat her up and then got a medical report to corroborate this then that would make a difference. If that were the case then you'd almost undoubtedly have been charged with domestic violence.

Another fundamental requirement of a VAWA filing is that the immigrant must provide evidence to prove that they entered the marriage in good faith. The first thing USCIS wants to see here is comingling of finances and debts or other responsibilities. They want joint bank accounts, insurance policies, both names on deeds/leases or other household bills, joint credit accounts, etc. Next they want secondary evidence to support the claim, such as photos at family events, sworn statements from mutual friends, etc. If she doesn't have sufficient evidence for this then her I-360 will be denied, even if she has overwhelming evidence of abuse.

Finally, an I-360 based on VAWA can be approved if the marriage has been terminated, but only if the termination of the marriage occurred within two years prior to filing, and only if the claimed abuse was the primary reason for terminating the marriage. If you filed for the annulment BEFORE she filed the VAWA self-petition, and if the annulment is granted based on your accusation of fraud, then that could be the nail in her coffin. Make sure you send a copy of that annulment to USCIS and ICE.

JimVA No the "áo dài" doesn't make you look fat. Rather more international and buff

Thank you for your input and assistance. I am glad to hear that news about the protection order not being enough. Perhaps some have misunderstood my questioning of the process of VAWA as being against it. I actually think it is a humane concept that demonstrates American values or equality towards women. My question was simply for the process for the small number of claims that might be fraudulent. And I am glad to see that the Vermont center does not rubber stamp all applications as approved but goes through a vetting process.

Thank you again for your past experience and wisdom in highlighting this area of the law.

Cám ơn

Hugh

you have your own thread, do not go into this thread of VAWA HELP

Sir perhaps we have different portals but my mapping is VisaJourney > US Visa Holder and Permanent Resident Immigration Discussion > Effects of Major Family Changes on Immigration Benefits > VAWA Part 2

I see no title stating this is a "VAWA HELP" thread. Was that the initial Part 1 title?

Hugh

newimmigJD and HughCole: objectively, this one thread is being utilized by VAWA filers to exchange help. You two do not help VAWA filers, so please choose other threads. Objectively, there are tons of other places on VJ for your posts. Just leave this thread alone

SingleDad kindly which other thread do you believe would be better?

ok so let me get this straight! You "paid" to get a Russian bride, she came over here

(rest of post removed due to TOS violations)

Lostinnc

I am not sure where the hostility is coming from but I wish you peace.

I did not "pay" to get a Russian bride. I met her in the US while she was studying. We met from a mutual friend of mine that I knew from living in Europe. I am not sure what you mean about "perverted games". The mutual friend turned out to have his marriage annulled because the Court decided his case was immigration fraud. If your bride says that she will join you two weeks after the marriage and then doesn't come back and the friend that introduced you is being deported this led to natural suspicions of her true intent in my view so I wanted to see if she was sincere. Likewise 2 months into the marriage, when she still hadn't returned to my home, I found out she was having an affair with another guy. I still thought there may be a chance to save the marriage.

I don't want access to get her VAWA file actually; rather admission that she filed one and this demonstrates motive (in my opinion) for filing a false domestic abuse order on her. I went to law school actually although I dont practice and I was surprised to see that a judicial system takes into this type of "one sided" information. Of course I realize women are truly beaten by mentally ill men. My point was from a legal point of view that it creates incentive for a woman to claim abuse in order to get LPR. Whether she gets status or not is probably beyond my control. I wish her the best. I simply want to make sure that I am able to show my side of the story regardless what happens. I hope that she is happy in the future with or without the father, with or without me. But I will sue for defamation on the abuse charge so I can clear my name. I wasn't even in the state when she claimed I hit her and I was unable to show this in court.

And as I mentioned before, when I found out she was pregnant I considered raising he child as my own and staying married to her until she filed the false Protection Order claiming I hit her. I am not sure many men would have done that it my situation. I even arranged to pay for counseling for her and the fathers baby to see how we could manage this.

Kindly refrain from profanity, have a glass of wine and realize that not everyone in the world is out to get you.

Hugh

Single dad is not new policy but Vawa Unit understood in several cases that the US Citizen or LPR used their status, used their "power" to control the alleged victim, threatening to deport her/him. It's a completely different case if the couple and/or one spouse didn't have the money to file AOS, but the individual that DELIBERATELY do not file AOS expecting with that the "alleged victim" obey,follow his/her rules is mentally abusing the spouse . Failure to pay child support is not abuse!. The abuser "get pleasure" inflicting pain.

Sandranj & US

I didn't file for AOS because after we were married she didn't return to my house hold for 8 months. We got married early August in my state, she was in school in another state and said she was coming back in two weeks when Summer semester was up. She didn't come back to my home and ended up staying through the next year. Then when she did come back we obviously had issues about this and I left the home after 3 months of living with her. We made one more attempt at reconciliation but that lasted 3 months. So although 2 years married we were only physically in the same home 6 months. And for 8 months she was in another state.

I never mentally abused her and always treated her with respect. She had a younger lover from the onset it looks like. Anyway It just is not balanced that I can't show the court that she is applying for 1-360 which I believe is the motive for the abuse claim. Yes I deliberately did not file a AOS but that was because I had doubts about whether she was forthright in the marriage from the get-go-- not because of mental abuse or power games.

And Sandra the basis for the Annulment is fraud (visa fraud) so if the Courts that the case I can't believe the UCIS wouldn't look at it. As I mentioned the father of her baby is facing deportation proceedings now in my understanding as a result of the court annulling his marriage to a US citizen for fraud.

As the male and other party I feel totally powerless and can't believe the justice system doesn't even let me produce evidence--

ugh

Thanks all

Hugh

Sandra/any professional assist me?

I am on the other side of the VAWA. I am a male with zero criminal record in 50 years and now my Russian wife of two years is claiming I hit her. I had some suspcions about her so never filed to change her F-1 status after we civilly married. I believe she is using this false claim and the Domestic Protection order to self sponsor herself here in the US. Doubts turned out to be true as she is now pregnant with a fellow countryman's baby.(He has also had his marriage annulled to a US citizen and is in deportation proceedings)

We are in annulment proceedings now. Is there ANY way I can get a copy (i.e. via discovery or a Court Order) or her I-360 to put into evidence for a motive why she might claim this?

I feel completely powerless as she just runs over me--defames my name--and uses US citizens sponosred Legal Aid lawyers--while I am vet with two tours in Afghan and Iraq are about ready to have to go to a shelter for lack of money for rent:(

Moonim

Thank you for your time and assistance. Although we were married in a civil ceremony at court, some trust issues came up so I never sponsored her. So I believe no AOS. She is still on a F-1 visa. I went to some law school but didnt finish and I thought that evidence of character (the basis for our annulment is fraud) could be shown by concurrent fraud such as violating visa terms. Thoughts anyone?

Hugh

And also-- isn't filing a 1-360 based on false charges of me hitting her..Isn't that fraud in an attempt for her to secure LPR without my sponsorship?

Thank you

Hugh

Working illegally was forgiven as the apouse of a US citizen, and it was forgiven at the time of AOS.

What you're describing is something for IRS. Avoiding to pay taxes is not immigration fraud. You have to prove that she used you to gain immigration benefits - that she married you for the greencard. However, ICE needs proof, not just your thoughts or claims or your words.

Now, if she used fake documents to get to the US/get a visa, that's falsifying documents but ICE will only look at this IF it is relevant to her immigration status.

Moonim

Thank you for your time and assistance. Although we were married in a civil ceremony at court, some trust issues came up so I never sponsored her. So I believe no AOS. She is still on a F-1 visa. I went to some law school but didnt finish and I thought that evidence of character (the basis for our annulment is fraud) could be shown by concurrent fraud such as violating visa terms. Thoughts anyone?

Hugh

If it's solid evidence, yes. Cheating doesn't constitute fraud however having a relationship alongside yours when entering the US, or having a boyfriend back home is one of those things that they might be interested in because that means that the US citizen might have been used for the visa.

It's not as much as they are interested in hearing your side; it's the facts that your wife might have comitted fraud and evidence thereof. Only because that's what they deal with, and not just marriages ending for this or that reason.

The guy whose baby she is pregnant with from her homeland is actually the guy that introduced me to her. So through him I met my "wife." I think he and she conspired together to marry Americans knowing that they would eventually divorce the Americans and one could sponsor the other.

Is evidence of her working (not authorized on campus) against the rules of her student F-1 visa evidence of fraud in your opinion? Not paying income tax? Is that evidence of fraud do you think? Also she faked at Kinkos a bank statement showing a bank account back home with sufficient funds for her studies. Can I just tell ice that or do I have to produce that fake bank statement?

YOUR COLLECTIVE WISDOM IS MUCH APPRECIATED!

Hugh

Thanks all

Wife claimed domestic abuse and got a ex parte protection order in the local District Court of my State (Kansas).

We then had a hearing in the same District Court 10 days later and she had the protection order upheld for one year. I stupidly went Pro Se while she had a Legal Aid Lawyer.

I am told this is not a criminal charge but rather a civil one and would only become criminal if I violated (contacted) her.

Moomin so I AM allowed to submit evidence to ICE of her getting pregnant from another guy of her country who is being deported? What should I tell/show ICE so that they hear both sides? Can I submit the polygraph that I passed?

THANKS ALL

Hello All

I am new here so please excuse the lack of knowledge.

Question is what kind of "abuse" does a woman need to show? Is a Court issuance of a Protection Order enough?

Brief story: I am a 50 year old American citizen. Never had any sort of criminal record. Not even a speeding ticket in 15 years. I married a younger Russian woman 2 years ago introduced by a Russian guy I knew. My wife came and told me she is pregnant now with this guy's baby. Then she had a Domestic Abuse Order served on me claiming I beat her. I went to court myself to defend myself but didn't have a lawyer and lost-- so a 1 year no contact was issued based on her complete lies. I wasn't even able to show my plane tickets demonstrating that I wasn't in the same state when she claimed I hit her. I even motioned the court for me to take a lie detector test and the judge refused. The Russian guy who is the baby's father recently had his marriage to a US citizen annulled for marriage fraud and is up for deportation.

The sad thing is even though she was pregnant with another guy's baby I didn't necessarily think to divorce her. For appearances sake and for her conservative family I might have been able to go along with this for awhile so she didn't give birth out of wedlock. Until out of the blue she moved out a claimed this "abuse".

Needless to I never touched her. Ladies I am glad that we have these laws to protect you for the occasionally violent male but please realize the heavy hammer. I understand now that I have NO chance to tell my side of the story to the Vermont Center. Is this true?

Is mere issuance of a protection order enough to self sponsor on claims of false abuse?

Thank you all for your past wisdom.

Hugh