VALU

Oh forgot to update you guys that the Judge did include Cruelty as Grounds of Divorce on the Divorce Decree. I guess he decided to put it on there in the end. #Thankful👏🙏

Hi Guys,

I have a friend who has been waiting for his Visa interview in the Dominican Republic for over 10 years now because his parents who are greencard holders sponsored him and he included his daughter in the application. They had an interview scheduled for 2020 but the embassy closed a month before their interview. They haven't gotten a new interview date yet. Is this normal? I thought the embassy in DR was open now.

Anyone reading this now and in the future who finds themselves in my shoes... Don't listen to the naysayers, most of whom are non/recent US Citizens/Greencard holders. Fight your good fight and seek justice... And leave the rest to God. Karma is also a B so hit all angles and let them land where they may...

I appreciate those who directly addressed the question I asked by encouraging me to send the documents and see what happens... Your hearts and minds are in the right place. 👏🙌. I'm out to handle my business, with God's help... He gave me a brain and strength for a reason... Cheers to All and wish me well...😁

14 hours ago, Okboy said:

Why not move on with your life and not bother yourself with his immigration journey? Leave vengeance to God.

It's not vengeance, it's justice. God doesn't fight or avenge alone... He uses people. How do you know me doing my part is not part of His plan?... God has been with me every step of the way thus far:

- Almost US$900 in child support

- Full custody of kids

- Cruelty divorce ruling

- One more fight pending...

Giving criminals and abusers a pass like many of you are encouraging is very narcissistic so spare me with that mess....

Don't ever sit on your butt and wait for God to show up; do your part and give God something to work with... So I disagree with your take on "vengeance."

13 hours ago, African Zealot said:

The combined immigration knowledge on VJ is more than you have accumulated. The reason why people are telling you to focus on your divorce and your healing instead of mission to get him deported is that we’ve seen this rodeo just too many times and how it ends.

 

it usually ends in more frustration for the American petitioner because a vast majority of the time, the immigrant manages to adjust status despite the efforts of the petitioner. Whether cruelty is mentioned on the divorce decree or not is going to almost zero bearing on his removal of conditions.

 

What immigration cares about is fraud. Yes the moral character of the intending immigrant is required however the lack of that will be established by the criminal conviction, not the blurb about cruelty or whatever in the divorce decree. They will already have his criminal record from the background check hence the chances that anything you send in will have added effect on his adjustment is minuscule hence the advice to focus on yourself. It is well intentioned advice.

 

Of course you are free to put maximum energy into your efforts however remember it only makes it more frustrating and painful when at the end of it, all comes for naught. Indeed as some pointed out, counterintuitively it is most times better for the American that the immigrant (who they probably despise post-divorce) rapidly progresses in their immigration journey to citizenship so that the American citizen is no longer legally financially liable for them.

 

Good luck either way!

Everyone's case is different. You're encouraging me to give it up. I'm not frustrated or in pain. That/how I feel should not be of anyone's concern as I did not make that an issue here because it's not.... I love fighting for justice and I will continue to do that, no matter the outcome. I can't be demoralized by others cases whose circumstances and fight was different from mine. No one ever knows how things will end. The least one can do is try... I'm not losing anything for trying. I will lose everything by not trying. Because in the end, my peace of mind will be in knowing that I fought for my rights until the end, no matter what. There's never a regret in giving something/fight your all, even if it doesn't work out and you don't win... I will always be my best advocate. I have taken eveey advice with a grain of salt....

14 hours ago, EM_Vandaveer said:

You are better off with him becoming a USC ASAP, meaning his ROC being approved and later him naturalizing. Outside of (God forbid) either of you dying, this is the quickest way for the (never enforced) I-864 obligation to end.

I disagree. I'm better off with him being denied. I have submitted so much proof to the USA government of the cruelty and fraud and now divorce court. If they ignore that, I will make my case in court as to why I'm not supporting my abuser to live a good life because the US government failed to do its job. And plus, no one here has heard of anyone being asked to enforce the affidavit of support, especially in the pandemic era. So chances of that happening is Zero. So yes, I disagree with giving him a pass... Abusers should never be given a pass for wrecking havoc in other people's lives.

19 hours ago, Coco8 said:

If you want him to be denied  the removal of conditions, I think that getting him a conviction for the domestic abuse is going to help more than the divorce. Convictions gets people in trouble with immigration. 

Right. I'm covering all grounds; leaving no stones unturned. I will also submit all the evidence and proof uses in divorce court that lead to the cruelty divorce judgement. I have been subpoenaed to testify in his criminal case.

19 hours ago, Boiler said:

You think he will go home if he is unable to remove conditions?

Honestly, I don't really care what he does. I just don't want him getting his papers through me after everything that has happened. He can stay here illegally all he wants. I will still collect a big child support check. I just want to make sure that I'm protected both financially, physically and immigration wise if I ever end up marrying another foreigner. This was my first marriage ever. I don't want my record tainted.

20 hours ago, JeanneAdil said:

Regardless, you can still send in the court documents and see what they say. But proceed with cautious optimiosm. 

 

OP  the above poster says this as USCIS views marriage fraud (if u can prove it) as USCIS says the following:

 

Both non-citizens and citizens can face consequences for committing marriage fraud. ... Any person, whether a citizen or a non-citizen, who intentionally commits marriage fraud for immigration purposes faces up to five years in prison as well as a $250,000 fine.Jul 27, 2021

 

Let it go

People who like to post what you posted in your last sentence are fear mongering. I'm not afraid or threatened by this scare tactic of reporting this to USCIS in fear of getting personally accused of fraud. You mentioning this is a clear scare tactic because its not warranted. You can report and prove your innocence. My case is cut and clear....

5 minutes ago, Boiler said:

I am not sure what you are trying to achieve seems he will have issues removing conditions but may not even try to do so

I believe he already applied to remove but has been stalled by the pending issues, based on what he said during the trial. If he vacates his removal of conditions application, I will be good and happy with that also.

Thank you All for your input. As long as I'm responsible for the immigration affidavit of support, this case will be my problem (for those saying to leave the immigration part alone). If the first application is all that mattered then why have another application for removal of conditions. There's a reason for that....

Greencard is awarded based on moral aptitude so the cruelty grounds of divorce, and arrest etc., matter in the grand scheme of things from what I am reading. So thanks to those confirming that.

He was arrested and spend 3 months in jail. Yes he has a pending criminal case. The cruelty divorce ruling was another safety net that I pursued.

I'm not depressed or suffering anxiety. I'm happy I'm divorced from an abuser. But I am seeking justice and to make sure that he's the least of my problems down the line. And that I won't have blood on my hand if he ends up doing this to another person or killing them. So I'm leaving no stones unturned. So yes, will not let it rest for as long as my future and my kids future will be affected... Will send the documents.

Quote

 

Hi guys,

I posted before about my case. US Citizen who sponsored now ex-husband as of today. We are in the State of Maryland. The Judge ruled that it was indeed based on Cruelty that the immigrant husband subjected me to. However, the Judge said that the ground of divorce are not mentioned on the divorce document. I thought the Divorce creed mentions that because immigration officers would want to know the real reason for the divorce. The ex-husband filed for divorce to remove conditions and has a pending criminal case of domestic abuse. I counter-filed his divorce saying it was not based on mutual agreement but cruelty which I was able to prove in divorce trial today.  So if cruelty grounds of divorce won't be mentioned on the divorce document, how would immigration know?

I'm going to send immigration the divorce hearing/trial transcript where the judge ruled Cruelty as the grounds of divorce. But it sucks that the divorce document won't have that. I live in Montgomery County, Maryland. Has anybody ever heard of this? Please advise on how to handle this because I want immigration to know the truth about this marriage and the grounds of divorce. I thought EVERY divorce creed that immigration gets has Cruelty/real reason for divorce noted. This one will just say Absolute Divorce granted or something like that...

23 hours ago, Boiler said:

He will need to file with a divorce waiver but you make it sound like somebody who would do nothing about seeking to maintain his legal status.

Thanks for your input 

20 hours ago, da95826 said:

Sorry for the abuse, stay safe. Best to leave the relationship in the past.

 

He can apply for an i751 divorce waiver case, USCIS will accept it if properly submitted, he will need a final divorce decree and proof that he entered into marriage in good faith to be approved. 

 

USCIS will hold up his i751 case until his criminal charges are resolved. If he is convicted of a crime of domestic abuse he may not be able to move ahead in any immgration case and could be deported. Any convection of a crime with a potential sentence of a year or more would also be tough to obtaining an immgration benefit.

The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportation: conviction of a crime of domestic violence, a crime of stalking, or a crime of child abuse, neglect, or abandonment, or being the subject of a judicial finding of violation of a domestic violence stay-away order. Coming within one of these grounds also can be a bar to cancellation of removal for non-permanent residents or DACA.

Thank you

On 11/11/2021 at 7:57 AM, Crazy Cat said:

1.  Protect yourself and your children physically and legally through a good divorce attorney.

2.  Let his immigration status go.  At this point, you are out of the loop....other than the obligations as they pertain to the I-864.  

Good Luck.

Based on your post, I suspect his I-751, if submitted,  will be denied.  At that point, he would lose his status.  Without you, I would think his pathway to legally remaining in the US would be severely limited based on the history you posted. 

Thank you for your input.

My ex-spouse (to be) entered the USA on a marriage visa early 2019 and got arrested for domestic violence abuse and went to jail for a few months before he (possibly) applied for removal of conditions and before he filed for divorce while separated, how will this affect his removal of conditions if his criminal case is still pending in court (he is being charged by the State for 3 criminal charges) and the divorce is not final yet either as it's contested and awaiting divorce trial.

Will USCIS still process his application (if he filed one), deny it or put it on hold if the legal process for criminal charges and divorce are still pending taking long to be resolved due to court scheduling and delays? Is he considered out of status since he was supposed to remove towards end of last year? I am not sure if he has applied for removal of conditions yet; do you think he did/wise to do under his circumstances? What are the chances of him actually getting approved for a permanent greencard under this circumstances? He has also been reported to USCIS for all sorts of domestic abuse etc. How do you foresee this realistically ending, immigration wise for a greencard and US Citizenship?

Safety concerned abused spouse, with children involved.

On 6/29/2021 at 12:08 PM, etapia said:

So therefore I am stuck with being his sponsor for the next 10 years unless he decides to change it.  He has every right now but I have no rights in this as an american citizen. 

Don't stress it. It is never really enforced. 

What public funds can a husband rack up anyway that the government will come after you for a refund? 

On 6/29/2021 at 12:00 PM, etapia said:

i honestly have a child with this man and we just do not get along. I do not want to ruin his life but do not want to be his sponsor because he is very irresponsible. This is so difficult. 

If you get full/physical custody, you can file for child support. That money could offset the aos/sponsorship cost and you could make back all the money you spend on him and relationship etc. 

Apparently the binding sponsorship is hardly ever enforced so you probably have nothing to monetarily worry about.

28 minutes ago, Alenx said:

You are advising her to stay with him to collect more evidence and backstab him afterwards to get alimony and child support?  I'm sorry it is your personal experience that most men cheat (why is that?), but hearing stories like this, I think cheating to end the relationship might be the better way out, comparably LOL

Oh, and I was advising her on another strategy, where she has control, to get to the same/similar results...  All hope is not lost, sister. .  Fight for your rights 💪🏿 😉

25 minutes ago, Alenx said:

You are advising her to stay with him to collect more evidence and backstab him afterwards to get alimony and child support?  I'm sorry it is your personal experience that most men cheat (why is that?), but hearing stories like this, I think cheating to end the relationship might be the better way out, comparably LOL

It's not my personal experience that men cheat. It's common knowledge. I have never even cared to look at my partner's phones. It was never an issue for me. I know how to pick my battles. Some battles are useless to fight and a waste of time. However, we are talking about marriage here, not just dating. In a marriage, cheating alone is not enough grounds for divorce, unless it becomes abusive and dangerous....

1 hour ago, femme25 said:

It is him who knows whether he loves me or not but the fact is that he keeps texing me day and night since he got kickd out wanting to reconcile. He also wants to offer me the $10K I helped him with when he was at the lowest point in his life overseas and I supproted him so he offered to pay back the money I helped him survive at a certain point when he lost his savings. He said today that i will get back the money that i helped him for and he is hoping that it will gradually make me reconsider a divorce that I mentioned to him. 

He offered to pay you back the $10K?! That's great.... Make sure he really does... That way, you won't hold that over his head forever.... And then level the playing field. Recuperate your money and time... Don't walk away empty handed. Never let anyone get away with using you. Fight til the end....💪🏿

On 6/18/2021 at 4:06 PM, Lucky Cat said:

-Protect yourself physically and financially through a good divorce attorney.

-Let him handle his own immigration affairs.

-Seek happiness for yourself, and move on.

Remember, he could not have immigrated without a LOT of evidence which YOU, yourself,  provided.   Be aware that the I-864 you signed will remain in effect even after a divorce.  It is in your best interest if he becomes a US citizen as soon as possible.  

Girl, he's gotten lucky with that automatic 10 greencard.  Too bad for Covid19 delays.. 

If your life is not in danger, stick it through and get your money's worth or back. Don't make it easy for him through divorce. Keep collecting more evidence so that when you do get divorced, you can get part of your money via alimony. If you get pregnant, make sure you become the primary caregiver and fight for full/physical custody and take his behind to child support and make sure you get him to pay a lot in child support. 

I would never advice anyone to file for divorce based on cheating/assumed cheating. Most men will cheat. Pick your battles and fight the ones you can win. You leave him for this, chances are you will never stay married. But if your life is ever in danger, then yes, leave the marriage and if he threatens your life and gets physical, call the police and maybe his behind can get deported. Play your cards right and fair. Only then will you get true justice. #karma

2 hours ago, Staceyann88 said:

That's not really for you to question as that's my business. I haven't asked for opinions just advice on the immigration. 

Sure, hope it works well for you...

6 minutes ago, NikkiR123 said:

I think that's her business . You can't judge all based on your experience....

I know it's her business. I'm not judging, I'm advising, based on experience. I'm looking out for her. I hope it works out for her but she can't say no one here tried to look out for her if she ends up in a terrible situation.

How did you guys meet? Was he incarcerated when you met? Why would you want to marry a convicted criminal? You might make your life harder.... Will he be able to get a decent job and support you? What if he becomes a repeat offender?.... 

I petitioned a sick Narcissist & Ant-Social PD man to come to the USA, he got arrested and I refused to help him get out of jail. Some red flags should not be ignored..... 

7 minutes ago, Nitas_man said:

Nothing in the rules says she cant

 

There’s a total physical presence requirement that she won’t escape if she’s bouncing in for a few days then staying out weeks at a time

Ok cool, thank you!

She is gathering her evidence based on the list you kindly shared and more. We will start the application process next week and hope for the best 🙏.