kevdman

My fiancée just graduated from medical school she will receive her MD credentials this month she wants to come here and work at a non medical job while we work on her post grad process she needs a work permit/ SSN what is the best next step any help would be appreciated thank you she is Costa Ricanshe gas a 10 year visitor visa in good standibg

**Post split into separate thread.**

That is awful. I feel for you. Just read your I-751 application carefully. You can file jointly or as an idividual. To file as an individual you have to be divorced or claim abuse. The question you need to answer first is are you going to stay with your man? If so, joint app is the way to go. If not, you will need to get the divorce going.
Good luck

No issues with Helsinki Syndrome here, my friend. Just clear-headed strategizing. Once I recieved the excellent advice from a number of the good people here at VJ, the plan became quite clear. Mabe it's my medical training, but one gets far better results when one dissects instead of carves to remove a cancer. I do understand the hate you feel towards your ex, but brother, you gotta let it go. Honestly the only person it hurts is you.
Many thanks,
Kevin

No issues with Helsinki Syndrome here, my friend. Just clear-headed strategizing. Once I recieved the excellent advice from a number of the good people here at VJ, the plan became quite clear. Mabe it's my medical training, but one gets far better results when one dissects instead of carves to remove a cancer. I do understand the hate you feel towards your ex, but brother, you gotta let it go. Honestly the only person it hurts is you.
Many thanks,
Kevin

Thank you both very much for your advice. Honestly, I don't think she would have a clue as to how to navigate VJ if she had the aid of a GPS and a bloodhound. Advice much appreciated.
K

Hi all,
A quickie time line to begin.
My wife and I met on line in 2006.
Met in person in 2007. Lived together abroad in 2009.
She came up Stateside on a K-1 in July 2010.
Married in Oct. 2010.
AOS/GC granted w/o issues.
Marriage hit the rocks in Nov 2012.
I left the house on Dec 1, the date of legal separation, and wife freaked out.
Even though I was living away from our home I came to the house every few days to gather clothes, do laundry, see the dog, etc. On Dec 17 we had a pretty harsh argument and she called the police. I waited around for a bit, but had to go to work. She had been placed on extended hold once the dispatcher found out there were no physical abuse issues.
On Dec 19 I came to the house to do laundry and pick up stuff. My wife was present and left the house to “walk the dog”. Upon her return she presented me with an Emergency RO. Police magically appeared at the door and I was promptly arrested and hauled off on charges of Domestic Violence and threatening Bodily Injury. She had filed both the RO and the DV charges after I had left for work on Dec 17. I had no knowledge of either. These charges were not revealed to me until I was in the holding cell at the local hoosegow. I was stupefied. I’ve never laid a hand on her, or anyone else for that matter, in my entire life. I have never been in trouble with the law. If I had been informed of the RO, I would have never come home on the Dec 19.
I made bail and lawyered up on Dec 20. I was fully compliant with the RO and No Contact order.
I and my legal eagles speculated on why she had gone to such extremes to lie to the police and DA. We deduced that she had decided I was serious about the divorce and had been ill advised by some immigrant friends of hers that the only way she could proceed with the ROC, due by May 5 2013, was to declare domestic abuse. Not to insult her, but she had not participated in any of the filings to date and had relied solely on me to do that stuff, (which, to this point at least, had gone swimmingly thanks to all of the advice I gleaned from Visa Journey!!!). She just did not understand any of the processes we had gone through to get this far with her immigration.
Long story short, I discovered that after I had left for work on Dec 17 she had physically banged her own head against the walls of our home until she became dizzy and fell to her knees. She then called 9-1-1 for an ambulance. The PD showed up first and that was when she accused me of hurting her. I also discovered that on Dec 20, two days after my arrest and temporary incarceration, she had travelled to LA to visit a man she had met on FB for a tryst. I came by this information via a little snooping around on my part, but it would be very difficult to prove any previous or on going relationship between them. As a result, I cannot say this affair did or did not have any influence on her decision to have me arrested with any degree of certainty.
We had a reconciliation of sorts in January 2013. I moved back in for a bit and we had the RO dropped and the No Contact order modified. I hired both divorce and criminal law attorneys for her to see that her rights were looked after. The divorce was put on hold because she stated she would again file charges of abuse if did not stop the action. She also told me she would do the same thing if I did not help her file the Joint I-751. The 90 day window for filing began the end of January. I complied on both of these due to the ongoing court case against me and my abject fear of being locked up again.
The Threat charge was dropped before the DA filed against me in criminal court on Dec 21. The DA chose to pursue only the DV charge. During the discovery phase we found that the medical records indicated “no visible signs of injury” and there was darn little other evidence against me. My attorney was very pleased with these findings.
The case was dismissed on April 26, 2013. We are again separated. I am continuing with the divorce. I cannot claim that she had married me fraudulently, but she sure as hell lied to the police and DA about the DV in order to not interfere with the I-751. She also blackmailed me into filing the I-751 and tried to blackmail me into not divorcing her. I believe I should stop the Joint I-751, but we are at least 6 months from the final divorce decree.
Here are my questions please:
At what risk am I if I continue with the Joint I-751 even though I know the divorce is imminent? How do I change the application? Is there a case for Fraudulent Marriage? If so, how do I go about informing the USCIS/ICE of this charge? I have not contacted USCIS at this point, so I am open to all or any advice. I do have a sworn affidavit from my wife stating she fabricated the entire DV story and some other minmal evidence.
What say ye sages of all things immigration?
Not in a million years did I expect my very first post at VJ to be about such egregious circumstances.
I thank you all in advance for your kind assistance.
Kevin
P.S. Please forgive me if I have posted this thing in the wrong forum. I really have never posted here, or anywhere else, before.
Regards,
K