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Leedah

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Posts posted by Leedah

  1. If the girl did not marry her first fiance within that first 90 days, then she is considered "out of status" and would most likely have to return home and try again with the new guy or risk being sought out by ICE agents and deported.

    The new guy can't do anything because she only has a fiance status (which is only valid for 90 days once activated).

    Also she can't really claim the VAWA (violence against women and children) act to stay because she wasn't married yet and since the guy never even came to the airport, there was no violence. Now I know one could say that since he left her at the airport, that's abuse. However, I wouldn't pull that card because she would have a hard time proving her case and any abuse if he wasn't around.

    People change their minds about love all the time. Though it's a hard pill to swallow, she needs to immediately rectify her situation by going home, having the new guy visit her in Nigeria and actually plan a real wedding and marry in Nigeria. If she tried to marry the new guy here in the U.S., the USCIS would ask what happened to the first guy, how did she support herself financially after the guy left her (she isn't legally allowed to work without adjusting status first), why did she not notify the USCIS about her situation and go the legal route with the new guy, etc etc. It will seem fishy if she say the guy didn't even show up to the airport....considering the mounds of paperwork that people have to complete just to get any foreign person into the United States. Hmmm....something doesn't add up, Sherlock.

  2. I think he got to stay because his criminal charges (aggravated assault) were no billed at the indicting phase. Basically the prosecuter took the case to the grand jury and the jury decided not to indict him. Most likely since he had just gotten here to the U.S. and had no on-file criminal record. Also, in the beginning I was trying to keep my marriage together (though he was and still is an abuser) and told the prosecutor not to press charges. Thank goodness they didn't take my words to heart and did it anyway. But that info still goes in the record. So with all that, he got off.

    Anyway, ICE took the info and other things to get him into the removal phase which is where the case is now.

    I'm since divorced and have moved on. However, that pesky support form is still hanging on for dear life and that's the only reason I keep up on what's going on. Oh and the fact that he needs to be booted outta here. LOL.

    Hope that answers your question. :)

  3. Nothing will happen. Once a green card is issued, that's it. It's like a trip on a train ticket. Once you have rode on the ticket, the "experience" can't be taken back and neither can that affidavit. The only way it can be voided is if the wife dies, permanently goes back to her country and gives back the green card or she works 40 credit hours (basically 10 years) in the U.S. Also, in SOME cases, if the wife is convicted of marriage fraud or any other immigration violation and is deported, the affidavit is voided. (in that case, it's not TECHNICALLY voided until the wife is convicted, no remedies, judge gives deportation order AND she physically leaves U.S. soil through that deportation order. In effect, the government will wait until the last possible second to let anyone off the hook for that affidavit of support. Good luck, you don't have much to worry about unless the wife starts selling drugs and get's caught or some as heinous as that.

  4. I would suggest writing a letter (certified with return receipt) to USCIS detailing why you are pursuing the route you have taken and notify them that your wife is in agreement with going back home. Have her sign the letter and get it notarized. The notary will require you both to show your ID to avoid questions of identity validation issues in the future. If your wife is really ready to go back home, this is when you will know the real deal. If this is not the case and she won't sign anything, I highly recommend drawing up some sort of support maintenance agreement for her which details that you are willing to support her until you two are divorced but won't stay with her out of protection for yourself. This is very important since she could very well see that you are serious about moving forward with the removal process and she may file a VAWA claim on you behind your back. Not good.

    Also, she is perfectly able to file form I-243 which basically request USCIS to remove her and send her home. Here is the actual form >> http://www.uscis.gov.../form/i-243.pdf

    Once she leaves the country, the affidavit of support is voided and you are under no other obligations as far as immigration is concerned.

    It is advisable to protect yourself as much as possible and during this time, I would suggest you have other people around as much as possible in case she decides to call the police and say that you harmed her in any way. (that happens more than you know and sometimes the alleged aggressor is usually unaware the police are in route. These are the classic ways the VAWA claims are filed. Goading you into arguments about trivial things in order to call the police and get abuse documentation.

    You might want to take into consideration that your wife's son's may not want to go back home and could make trouble for you just to say, unbeknownst to their mother.

    Good luck!

  5. Get proof of his cheating before you try for divorce.

    This will document that the marriage was real, atleast on your part.

    The proof needs to be irrefutable evidence that can hold up in court.

    Hearsay is not the strongest of evidence unless he admits to it also.

    Once you file for divorce, make sure to document the adultery also. Get your divorce decree and file the I-751 to remove conditions using a waiver.

    Send as much evidence as you can that shows you co-mingled and were truly married for marriage sake, not just for a green card.

    Good luck.

  6. Moctar, in reference to your answer, I don't think all Africans commit fraud and I am not going through anything.

    You asked for assistance about your AP case and what it could possibly mean and I explained it to you.

    I can't help it if your case sounds like fraud to me. Honestly, each time you post something, it goes closer and closer to that, but who am I.

    Anyway, it seems like you want the good news and nothing but that. I can only give you the facts based on the info you have provided.

    I understand you simply want your wife with you and probably could care less about anything else. That is to be expected.

    But, based on everything you have said in your previous messages, it looks suspect. You can't see it because you are in the case and not looking from the outside.

    You mentioned the Affidavit of Support on my timeline.

    I found out later on that the AP staff was using that as a stalling tactic and just didn't tell me. They might use anything to delay. The delay is to investigate more into the marriage and the intending immigrant...also to cause the immigrant to just abandon the case.

    By the way, the reason I didn't mention fraud in previous postings was because I didn't listen to the good folks on here (VJ) who told me also that my case looked suspect and also could be fraud. Basically I was on the inside looking out at everyone else....same as you are doing right now.

    After the fact, I studied up, interviewed immigration officials, etc and know more about immigration than most attorney's.

    I wasn't trying to convince you that your marriage was a fraud, I simply said that the information that you gave to us sounds very much like what happens to those who are eventually found to be in fraud marriages.

    I answered your question to help you understand the process in Dakar, not to break up any marriage.

    Good luck.

  7. By the way, what custom says not to speak about previous spouses? I'm assuming you are Muslim based on Mauritania being an Islamic country. I am Muslim also and their is no Islamic custom that says that. Actually your supposed to inquire about character and previous spouses and family to know what type of person and family you are marrying. I've traveled all over the African continent and various other places and learned about (and lived with) a great many cultures. What you said doesn't sound plausible. That is a red flag to an interviewer and also why you could be in review. Most women who marry usually want to know about previous marriages of a man. Women like to know all sorts of details that men rarely care about. If she doesn't know the ex's name, that is weird. I still know the ex's names of every past person I ever dated as I'm sure that most women would know also.

  8. Moctar, you have asked this before.

    Please do not double post. Simply write again in your own original thread.

    It will come up as active again for all to see.

    By the way, in reference to your question (that I answered before also), it took almost another 6 months to be approved. That only happened because I personally went to Dakar to see what was going on (happened to speak to the interviewer, but didn't know it at the time). Flew back to my home for a business appointment then flew back to Dakar for the real interview 3 days later.

    Also, at the time I was also in the process of completing background checks to work for USCIS (had applied the year before), so I had my OPM government papers with me to show the interviewer that I was about to possibly work for government. I think that is what also swayed the person, because barring that, it probably would not have been approved.

  9. Yes, that is EXACTLY what they told me. Wow, amazing.

    They do that (the waiting game) to give the intending immigrant who is considered a fraud time to get frustrated & tired of waiting and just take off.

    I don't know how I feel telling you this bit of information because I know that you would obviously tell your wife and if she is a fraud, she will undoubtedly keep on for the prize.

    You also mentioned being from the same country and knowing your wife.

    I lived in my ex's country off and on since 2005 and I thought I knew him also. I traveled back and forth from the U.S. to Senegal, traveled into Gambia by bus (6 to 8 hours) by myself every month and eventually learned the language just to keep from getting lost. I am the same religion (muslim), I am a black person (same as my ex), I have children from a previous person who is from the same country AND same area, have met (several times) the whole family, etc etc.

    Say all that to say,....it doesn't matter.

    If your case ends up in review, something is amiss.

    No one has time to review cases months and months at a time and perform extra interviews on a whim.

    Good luck.

  10. The reason the case went to this department is because someone in that unit thinks their is some evidence of fraud going on.

    Mine went through this unit and also a few others that I know of.

    Guess what, they were ALL turned out to be fraud AFTER they were approved for their visa. In my case, they did everything but sit me down and plainly say "uh, your husband is a fraud and you need to stop your petition right this moment". Naturally I wouldn't have believed them and would have did everything humanly possible to prove them wrong (which I did). Well, they were right.

    All I can say is, if your case ends up in this unit, start looking long and hard at your situation to see why they feel it is fraud.

    These people actually live in Dakar and know all the customs, language, idiosyncrasies, ....everything about what fraud looks like.

    I personally thought, "hey, they are American just like me. They don't know my marriage". Well, turns out they did but can not, by law, force you to abandon a petition if you can prove that YOU THINK your marriage is real and legit, even if it isn't.

    I think they will just approve the petition and take a "I told you so" stance after the fact.

    Good luck in your review and be careful.

    P.S.

    Here's a barometer..

    If the case is in review and they make her come to more than one fraud interview over the months, not to be funny, but you definitely should do some soul searching.

    Hi Everyone,

    My wife had her immigrant visa interview last week in Dakar, Senegal, and our case was referred to the Eligibility Review Unit for research and processing. Has anyone gone through this before? and if so, how long does this process take? and what the purpose of this?

    I appreciate your help.

    Thank you

  11. Uh no, your status isn't "safe" even after you get your two year green card.

    My ex is now sitting in some unknown ICE location waiting to be deported. His green card status would have had one more year on it if he hadn't busted loose as soon he set foot on U.S. soil.

    Think about what your doing. USCIS does listen to spouses when they report fraud. I reported my ex and he's outta here within 1 year. See my timeline.

  12. Women can initiate divorce in Senegal. They have Islamic law (shariah). If your spouse is Muslim, you would ask the judge for a Khula. That is when the wife gives back her dowry in exchange for the divorce. It is definitely possible to do. What your probably experiencing is what I call the "band of brothers" phenomenon. They are just hindering you from getting it by way of telling you it can't be done. Yes it can. You just have to find an impartial judge, get the divorce decree and simply file it with your CR-1 case (along with an affidavit of support withdrawal letter).

    I know this because I have been to Senegal atleast 16 times while traveling through to Gambia.

  13. Contact ICE while you still have a chance.

    Also get in a women's support group for domestic violence victims.

    You seem to be suffering from battered women syndrome and he may be either on drugs, bipolar or just looking for a way to scare you into going through with the green card.

    Read my article to learn more about domestic violence and drug use.

    Sorry your going through this all.

    Once you leave him completely (get a restraining order), you will feel much better.

    Leedah

  14. Thanks for the kind words.

    And yes, I am very happy now and the outcome was just icing on the cake. hehehe.

    In reference to someone else's question,...I did see some of the signs. Normally if the behavior had happened initially in the U.S., I would have promptly disappeared from his sight. Unfortunately, as we all tend to do, I equated the behavior to a cultural difference. I actually thought he would get to the U.S. and see the level of decorum and apply it to himself. Not. lol

    Anyway, time has been good to me and I've gained a great career out of this mess as well as learned a boatload about immigration.

    For those in a similar situation, know that time will help you. I was a hot mess with a side of depressed when this all happened last year. Now, amazingly, I don't feel anything bad or good; I'm ambivalent about the situation. Someone told me that love and hate are two opposite emotions. Each one has a hold on your psyche. It's only when your at the "eh whatever" point that you are truly free.

    I went from the "oh my god, I have gotten him arrested,...my baby is gone",...to "he put his no good hands on me?!? After all I did for him! That rat bas*$#D is going DOWN!".....

    After a year, I sometimes have to remind myself of the journey I took and the strength and fortitude I showed in getting him here. Now I apply that same tenacity to whatever I'm doing and boy has it paid off.

    If you put the same energy into yourself that you put into others, imagine what you could accomplish.

    Leedah

  15. Hi Everyone.

    Happy Day Today!!

    My ex whom I married was finally ordered to be removed!

    For those of you who may not remember me, my case involved a spouse whom I petitioned for using the I-130 (received a CR-1) conditional green card) who subsequently committed aggravated assault and was found to be married to someone else in their country, committing adultery and who knows what else.

    I contacted ICE & USCIS, they investigated him and sent a Notice To Appear. The judge saw through the sham and ordered his removal.

    This all happened in less than one year from him getting into the U.S.

    So those that are in these types of situations, just document everything you can and report it.

    There are some happy endings after all.

    YAY! No more I-864! Woo Hoo.

    Leedah

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