Magnolia31
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Posts posted by Magnolia31
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The fact that the judge wouldn't give you a restraining order makes me EXTREMELY suspicious. They usually err on the side of caution in these cases.
Gary is right... I think you can forget the VAWA.
Since her attorney told her she could file for VAWA, then obviously she must have been abused. I don't get why everyone is so suspicious. I'm an abuse victim myself and there are more ways of abusing someone besides physical. Financial control is a type of abuse and it sounds like he may have been doing that.
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Just one touch - no email but today the :
Congratulations! Your request for the removal of the conditional basis of your permanent resident status has been approved. You are deemed to be a Lawful Permanent Resident of the UNited States as of the date of your original admission.
:dance: :dance: :dance:Congratulations !
Could you post What kind of evidence did you submit? Thanks in advance
We put in:
Some correspondence addressed to both of us
Son's Birth Certificate
Letter from Son's School Principal addressed to us both
Health Insurance Claim
Dental Insurance Claim
Lease
Car registrations
That's pretty much it.. No pictures (We did the whole picture thing when we were interviewed the first time 2 yrs ago)
I guess just put in as much stuff as you feel is enough... I went through our filing cabinet and added stuff as I went
My husband's car is in his name, we will buy another one soon, but is it possible to put the car on both names?
Your name can be added to the car title. When i got here in 2007, my husband had a truck and a honda civic. He added me to both vehicles when i got here. He also bought a mazda protege 2 months ago because I was in a car accident and crashed the honda civic, and again, he added me to the title. You just have to go to your local DMV.
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Just one touch - no email but today the :
Congratulations! Your request for the removal of the conditional basis of your permanent resident status has been approved. You are deemed to be a Lawful Permanent Resident of the UNited States as of the date of your original admission.
:dance: :dance: :dance:Congratulations !
Could you post What kind of evidence did you submit? Thanks in advance
We put in:
Some correspondence addressed to both of us
Son's Birth Certificate
Letter from Son's School Principal addressed to us both
Health Insurance Claim
Dental Insurance Claim
Lease
Car registrations
That's pretty much it.. No pictures (We did the whole picture thing when we were interviewed the first time 2 yrs ago)
I guess just put in as much stuff as you feel is enough... I went through our filing cabinet and added stuff as I went
Wow LOL, and I was so worried about evidence that I included like 23 documents LOL. I'm guessing that I have far more than enough!
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Working in agogobar doesnt entail that your fiancee is a prostitute. Evenso, it's hard to tell that a woman was engaged in prostitution unless otherwise she was charged or arrested. And even if she had an arrest record, but had proven otherwise in a court proceedings, then, I guess, there is no way her petition will be denied.
I believe, a mere hearsay of prostitution will not impact to her visa denial. Goodluck.
I just found out last night that my fiancee's visa will be denied because she used to work at a go go bar, I have been informed that if I withdraw the current petition, I can file a new one that will reflect on the situation better. We don't need judgement, just advice. We are both good people, she did what she had to in order to feed her baby after the father beat her nearly to death and left them in the street. I don't know what to do now, there is so much at stake here.Who informed you? Find out if its a legitimate information.
Like I was saying. If they even smell anything prostitution like going on, get ready for trouble. COs do not need convictions to deny. By that logic they could say at the interview, "I was a prostitute, but I never got caught." Do you think the SO would get the visa? I doubt it.
The Consulates in Manila and Bangkok especially keep their eye out for these sort of things. If the girl show's up for the interview in tight jeans and high heels, forget it. The CO will make up some proof of relationship excuse or whatever. Or maybe they'll just put the SO in some kind of long term AP. No telling. Best practice is to avoid even going down that road.
Then she should show up at that interview in a Mary Poppins dress. I know i would. Man, this is just crazy to me. How very sad.
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and from here: http://www.thailawforum.com/articles/waiver.htmlGENERAL GROUNDS FOR INADMISSIBILITY
Grounds for inadmissibility can be brought against undocumented individuals, non-citizens seeking re-entry, and non-citizens seeking a green card. Legal Permanent Residents attempting to apply for naturalization will likely have difficulty if they are found inadmissible because of criminal grounds. Criminal grounds include those that can be generally classified into the following categories:
1. A single crime deemed morally reprehensible.
2. Any controlled substance law violation.
3. Two or more convictions with combined prison sentences of five years or more.
4. Suspicion of being involved in the trafficking of illegal drugs.
5. Having engaged in an illegal occupation such as prostitution.
6. Habitual users of drugs
From that same link:
In practice, this means that if the applicant has a work history that includes employment at a hostess bar or other establishment that engages in prostitution it may be determined that the applicant was involved in prostitution and the decision to exclude or not exclude the applicant is at the discretion of the consular officer. Even if an applicant for a fiancé visa does not admit to prostitution it is possible for the consular officer to make that conclusion independently based on the applicant having indirectly received the proceeds from prostitution or simply because the consular officer suspects that was the case. Either way, the applicant could be rendered inadmissible.
A new petition won't change anything, and changing information (lying) on a new petition is sure to spell big trouble.
"if the applicant has a work history that includes employment at a hostess bar or other establishment that engages in prostitution it may be determined that the applicant was involved in prostitution"
But who in the hell does USCIS think they are in making that determination? How can they get away with *assuming* someone was involved in prostitution. What if that person was not? That is the problem with people who have too much discretionary authority. It's BS.
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and from here: http://www.thailawforum.com/articles/waiver.htmlGENERAL GROUNDS FOR INADMISSIBILITY
Grounds for inadmissibility can be brought against undocumented individuals, non-citizens seeking re-entry, and non-citizens seeking a green card. Legal Permanent Residents attempting to apply for naturalization will likely have difficulty if they are found inadmissible because of criminal grounds. Criminal grounds include those that can be generally classified into the following categories:
1. A single crime deemed morally reprehensible.
2. Any controlled substance law violation.
3. Two or more convictions with combined prison sentences of five years or more.
4. Suspicion of being involved in the trafficking of illegal drugs.
5. Having engaged in an illegal occupation such as prostitution.
6. Habitual users of drugs
I have a question and this will kinda be off topic but now I am curious. In Germany prostitution is legal. So if a German girl worked as a prostitute, can her visa be denied even though it is a legal occupation there?
I'm only asking because of what you posted regarding # 5
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I just found out last night that my fiancee's visa will be denied because she used to work at a go go bar, I have been informed that if I withdraw the current petition, I can file a new one that will reflect on the situation better. We don't need judgement, just advice. We are both good people, she did what she had to in order to feed her baby after the father beat her nearly to death and left them in the street. I don't know what to do now, there is so much at stake here.
That is not true! There are strippers who get approved and even worse.
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I guess here we go with another heated ( lol ) discussion. It says one thing, I interpret another. My children are also conditional residents but there window is 6 months after their dad. I will list all children and see if we happen to get an RFE and will let everyone know in a few moths what my outcome is. This is so so so confuising
Okay, thanks everyone for your recent replies but I have one more question as I am confused. In section 5 it states to list information about your children - list all your children.My 2 children are both American citizens so am I supposed to leave that part blank or what should I put? I am assuming that this space is for people who have children who are also getting conditions lifted? Please help!
TY!
Magnolia, from everything I read, folks do include all children, although the I-751 directions are clear Section 5 is for children 'adjusting status with this petition' the language on the actual form is incorrect asking for 'all children.'
We put the names of my two USC children as well as the child we had together during the marriage, and included birth certificates for all to avoid any confusion by the USCIS adjudicator.
I have read where many people have included the names of their adult USC children without problems, and if you make it clear via inclusion of birth certificates, there should not be an issue.
Technically you are only to include children also using the I-751 Section 5 to also adjust their status, but since form itself does not read that way, feel free to include your USC children. Just include the birth certificates. Good luck!
Oh gosh, that does seem confusing! I wish you luck and hope that everything turns out fine!
Why don't you include a separate sheet and explain that you included them, but they can't file to remove conditions until 6 months after their father? I did it how the form said - it said if you need to include more info on a separate paper, write down the section number, etc.
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Okay, thanks everyone for your recent replies but I have one more question as I am confused. In section 5 it states to list information about your children - list all your children.
My 2 children are both American citizens so am I supposed to leave that part blank or what should I put? I am assuming that this space is for people who have children who are also getting conditions lifted? Please help!
TY!
Magnolia, from everything I read, folks do include all children, although the I-751 directions are clear Section 5 is for children 'adjusting status with this petition' the language on the actual form is incorrect asking for 'all children.'
We put the names of my two USC children as well as the child we had together during the marriage, and included birth certificates for all to avoid any confusion by the USCIS adjudicator.
I have read where many people have included the names of their adult USC children without problems, and if you make it clear via inclusion of birth certificates, there should not be an issue.
Technically you are only to include children also using the I-751 Section 5 to also adjust their status, but since form itself does not read that way, feel free to include your USC children. Just include the birth certificates. Good luck!
I did include all of their BC's - I had to include my 1 year old anyway since she is a part of my evidence lol. Anyway, thank you!
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Is there already a thread for this group? If so please point me the way. I did a search and did not find one.
Not sure but I sent the package off today.
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After consulting with an attorney, I was told that when filing under a waiver, you need to present evidence regarding the reasons why you are filing under that waiver. If I were to file a waiver, it would be under the 'divorce' - Of course, I would need a final divorce decree, but what other evidence woud I submit to show the breakdown of the marriage? The attorney said a statement from me surrounding the breakdown of the marriage would be helpful, but It sounds as if it all comes down to 'he said/she said'....Additionally, my sister lives with us and can testify to some of these happenings in our marriage. What other things should I be looking for?
Send in your divorce decree and evidence showing that you were in a real marriage up until that point. Whatever you still have from the time you were married, submit it - bank statements, joint tax returns, leases, letters from friends/relatives, etc.
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I'm Canadian and my husband is American. We used a lawyer for the adjustment of status processing, and I am now on the two-year Green Card.
We'll need to do the removal of conditions in a few months. Our lawyer has retired, which got us thinking...
Do we actually need a lawyer to do the I-751? Have most people done it themselves with no problems?
I used a lawyer for the K-1 process because at the time, this whole process seemed so confusing to me. I'm the type of person that worries myself sick, and having a lawyer just made me feel more at ease. lol
Anyhow, my husband was the one who gathered everything for our AOS application and did all the work regarding it. I saw that it wasn't so difficult after all so this time around, I did the package myself for the I-751.
I used the guide which is posted here on VJ. It has very simple instructions and is easy to comprehend. The I-751 form is also not long and easy to fill out. I think you can do this process yourself. The most time-consuming part is gathering all of your evidence. However, in the guide it also gives you plenty of examples of what to send in. It shows you pretty simple step-by-step instructions on how to do this correctly. You really don't have to be a rocket scientist after all to do all this stuff yourself, hehe.
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Hi,
I put my child's name also on part 5 of the Form and he is a USC.. born here in AZ and I had no problem.Good luck on filing.
Thank you! That makes me feel a lot better!
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Do Not stress it, it will be fine, make sure to list them as Citizen where it asks you the status that it what I plan to do in 2 weeks
Hi! That is exactly what I did and even included a separate sheet of paper explaining that they are US citizens, etc. I hope it turns out okay lol.
Good luck to you with your application/petition!
I was reading the N-400 instructions and I found this interesting.. I know it is a different form and all..but it says to list all your children regardless of whether they are alive, missing ,dead, born in other countries or the US, married or unmarried, living with you or elsewhere etc...
http://www.uscis.gov/files/form/N-400ins.pdf
wish the I-751 one form could be a bit more clear..
but I still think you should list all your children...
Thank you! I went ahead and listed them. I had to mail the application off today and couldn't wait any longer. Hopefully it's okay.
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i would include all you children as it does say "list all your children"..
but if your child as a A# and is a citizen too don't include the A#.. I think that was the problem someone else had on this board... they included the A# and that the child was a citizen
How were their children citizens with an A#? I'm lost and confused lol. My oldest was born in Texas in 2002 and my youngest was born in Illinois last year. They have never had an A#.
Since I had to send the petition off today, I included their names and put N/A in the field where it asks for their A#. On a separate sheet of paper I explained that my children are both American citizens. Hopefully that will do. If not, I did my best.
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I just called USCIS - the customer service line and OMG, I asked them about section 5 and the lady I spoke with told me she can't answer that question for me since it is a "legal" question and that I have to call an immigration attorney.
WTH? Are you serious!?
So I called an attorney ... the only one in my area and she tells me they do not do free phone consultations but rather a one hour consultation for $45. This is ridiculous. It won't take but one second to answer my question.
I'm just going to list my children because this needs to go out in the mail TODAY - can't wait any longer as I am running out of time. I will just include a separate sheet of paper and state that I was not sure if I was to list them or not because they are both American citizens. Hopefully they won't deny my application if I do this wrong.
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I was wondering the same thing. We have one son still in Colombia, one Daughter ( USC ) who resides in another state, 2 conditional children ( we apply for them in January ) so I am also going to list all of them just in case.
Hmm, I don't know what to put. lol
Okay, thanks everyone for your recent replies but I have one more question as I am confused. In section 5 it states to list information about your children - list all your children.My 2 children are both American citizens so am I supposed to leave that part blank or what should I put? I am assuming that this space is for people who have children who are also getting conditions lifted? Please help!
TY!
my kids are American and yes i wrote down their names and they're living with me..
Hi Moon, and you also filed the I-751?
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Okay, thanks everyone for your recent replies but I have one more question as I am confused. In section 5 it states to list information about your children - list all your children.
My 2 children are both American citizens so am I supposed to leave that part blank or what should I put? I am assuming that this space is for people who have children who are also getting conditions lifted? Please help!
TY!
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It looks like you're good to go. I suggest you make a nice intro sheet and dont forget to include a copy of your green card (back and front).
Good Luck!!!
Thank you so much for your reply! I'm sooooo nervous!
Solid evidence. Quality not quantity.Thank you for your reply!
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Question for people who have already sent in their I-751:
When showing evidence of joint accounts, etc... did you send in statements for every month for the past 2+ years or just a few statements dating from the date of marriage on? I want to make sure I cover everything, but it seems silly to print out so much paper for each month statements.
Thanks!
I don't even know how to get these statements since our bank is out of state. Any ideas? I really want to have these included in my package.
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I posted this in another thread that has become inactive so I'm not sure if anyone even saw it. Anyway, I decided to post it in a new topic and hope to get a few replies so I can get my paperwork sent off ASAP.
What I had originally posted:
I don't know what to send. My husband was gone for a year to Iraq and this was almost immediately after I was approved for AOS. Now for filing the removal of conditions, I'm just kinda lost because we showed them bills with both of our names, joint bank accounts, etc. when we went for our AOS interview. I read that you don't have to send evidence all over again that you already showed during your AOS interview because it is saved in a file ... so I'm lost.
Right now I have our new lease - we moved to Alabama last month since my husband lost his job. The lease is in both of our names. Before we moved here, we had a house but I was not on the mortgage because he bought the house before I came to the US.
Anyhow, so I have:
New lease contract
Birth certificate for our daughter born April 4, 2008 (I got here March 6, 2007)
Photo copy of my sonogram of baby #2 on the way (believe it or not, I am sending it in LOL) ... it includes my full name, date, etc. so I can prove I am pregnant. It shows my due date for Nov 21, 2009
Picture of us from March 2008 when I was 9 months pregnant and my husband came home from Iraq for 2 weeks for birth of the baby
Income tax return
Durable power of attorney for health care making me his "agent"in the event that he can't communicate a decision regarding medical treatment, hospitalization, health care, etc.
Last will and testament declaring me as his beneficiary
Copy of his military orders to prove he was gone an entire year
Copy of vehicle insurance in both our names
copy of car registration in both our names (can't find title)
Copy of health insurance cards for me and my kids (Bluecross Blueshield)
Copy of military ID card which lists his name as my sponsor
Copy of joint bank account #1
Copy of joint bank account #2
Department of Defense Military Family Worksheet - lists me as his spouse
Military Tricare Medical Insurance Enrollment Form - shows him as sponsor and me as his spouse
Anyway, what else? lol
K, ya'll have been so helpful since I came here in the beginning and I thank you all in advance!
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It looks good to me. I didn't send any pictures with my application or cards etc (nor did I with my AOS application), but maybe that is a good idea. I do/did have some in my immigration folder, if anyone cares to see me. I just think pictures and cards could be easily faked, so probably don't have the same importance as hard financial ties.
I don't know what to send. My husband was gone for a year to Iraq and this was almost immediately after I was approved for AOS. Now for filing the removal of conditions, I'm just kinda lost because we showed them bills with both of our names, joint bank accounts, etc. when we went for our AOS interview. I read that you don't have to send evidence all over again that you already showed during your AOS interview ... so I'm lost.
Right now I have our new lease - we moved to Alabama last month since my husband lost his job. The lease is in both of our names. Before we moved here, we had a house but I was not on the mortgage because he bought the house before I came to the US.
Anyhow, so I have:
New lease contract
Birth certificate for our daughter born April 4, 2008 (I got here March 6, 2007)
Photo copy of my sonogram of baby #2 on the way (believe it or not, I am sending it in LOL) ... it includes my full name, date, etc. so I can prove I am pregnant. It shows my due date for Nov 21, 2009
Picture of us from March 2008 when I was 9 months pregnant and my husband came home from Iraq for 2 weeks for birth of the baby
Income tax return
Durable power of attorney for health care making me his "agent"in the event that he can't communicate a decision regarding medical treatment, hospitalization, health care, etc.
Last will and testament declaring me as his beneficiary
Copy of his military orders to prove he was gone an entire year
Copy of vehicle insurance in both our names
copy of car registration in both our names (can't find title)
Copy of health insurance cards for me and my kids (Bluecross Blueshield)
Copy of military ID card which lists his name as my sponsor
Copy of joint bank account #1
Copy of joint bank account #2
Department of Defense Military Family Worksheet - lists me as his spouse
Military Tricare Medical Insurance Enrollment Form - shows him as sponsor and me as his spouse
Anyway, what else? lol
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Hello all! I posted on this forum a few months back about a person I knew who has his conditional green card, but whose wife constantly ups the stakes and insists that he plays by her rules or she will not file his Removal of Conditions paperwork for him. At this point, she demands all his money earned from work, refuses to give him any spending money, and charges him for things such as car insurance, phone bills, etc. He has had about all he can take and would rather return to his home country than lie down and take this treatment anymore. The wife has insisted on a year-long separation with an eventual divorce, but, at this point, I believe he would rather divorce and just return home.
My question is this: Is there an alternative route for him? If he could somehow qualify for a waiver of the I-751 joint filing requirement (ie, by obtaining divorce decree), what evidence would he need to present? Before she destroyed a bunch of evidence, he managed to take about 5 months worth of bank account statements (mind you, his name is on the joint account, but she refuses to give him a debit card), 2 years of jointly filed tax returns, proof of health insurance with him as the beneficiary, car insurance, title to a car purchased jointly in his/her name, phone bill in her name but listing his number as part of the same plan, and bills showing that both reside at the same address. He does not have an apartment lease or deed with his name on the title, as she purchased a house (paid in full) before she sponsored him to America. If push comes to shove, does he have a fighting chance with USCIS? How difficult is this process? Please, any advice would be extremely helpful.
Sorry that I do not have an answer for you, but she sounds like a total control freak. This tune sounds so familiar to me! I'm married to a control freak who uses the visa against me when things don't go his way. So sad.
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There are several options. If your husband is willing you can jointly file the I-751, even if he is being depolyed and therefore would obviously not be residing with you. Naturally, this requires that the marriage subsists and that no legal termination of the marriage has commenced.
Alternatively, you could begin the divorce process (with or without his consent) and hope to terminate the marriage in time to file a waiver, citing "good faith marriage that ended in divorce". If you are approaching the deadline to file the I-751 and you have not yet consummated the divorce, you would have to wait untila decree is available. Acceptance by USCIS of an untimely filed I-751 is discretionary, but if you can demonstrate that it was late due to no fault of your own, chances are you should be fine. That depends, of course, on how late, "late" is.
You could also submit the I-751 waiver without a divorce decree, citing any of the grounds that apply at that time. One is that you are a battered spouse. Caveat: You need clear and convincing evidence to prevail when using abuse as the grounds. Or. the "catch all" grounds for persons in your predicament is "removal from the country would pose a severe hardship" which certainly would apply since you have shared biological children, and he is claiming that you would have to leave them behind. After submission of a waiver using this as grounds, if you subsequently divorce, you can withdraw that one and replace it with a waiver using the "good faith" grounds. It means double filing fees but assures more success. Caveat: You'd need documentation that demonstrates the bonafide nature of your intentions upon entering the marriage, of which, your child is one very good example. Good luck
Thank you for your reply, as well as everyone else.
Do you know what these people are talking about:
Help for Abused Immigrant Women
An abused woman does not need to be a U.S. citizen or legal resident to get a "Protection from Abuse" order. However, many immigrant or refugee women affected by domestic violence don?t get help because they fear immigration officers.
It is not just undocumented women who are scared, but also women who do not know their legal rights. They worry that they can?t get permanent residency without their husband's help.
A federal law called the Violence Against Women Act (VAWA) creates two ways for women married to U.S. citizens or permanent U.S. residents to get residency.
1. The first option allows an abused immigrant woman to apply for residency for herself and her children without the help of her abusive husband. He plays no role in the process and does not have to know the petition has been filed.
The law is complicated. Ask for help from a domestic violence program before going to the Immigration and Naturalization Service.
2. The second option is called "Cancellation of Removal." This choice is available only when a woman is in, or can be placed into, deportation proceedings. If a woman is eligible for this option, the court may stop the proceedings and give the woman residency.
If someone can't get help under VAWA, there still may be other ways to get immigrant status. For example, there is a new visa category for crime victims who help legal authorities in the investigation of a crime.
The laws are complex so it is important to reach out for help. Talk with a domestic violence counselor.
If you or someone you know needs help, call: 24-hour National Domestic Violence Hotline.
1-800-799-7233 (SAFE)
1-800-787-3224 (TTY for the Deaf)
or visit www.ndvh.org
Husband Got Arrested
in Effects of Major Family Changes on Immigration Benefits
Posted
Huh? I grew up in El Paso, Texas and my ex boyfriend's friend had a gun in my car when I was about 18 years old. I was unaware of it but I almost went to jail! My car got searched by the police and I was told I could not carry an unlicensed weapon in my car. Even though it wasn't even mine, it was MY car.
A friend of my brother's was also arrested for carrying a weapon. This all happened in Texas.