Indian Friend

You already kinda lied by hiding material information from USCIS official. Now if you pull it out, it would seem that both of you committed fraud and his ROC will be denied. Nothing will probably happen to you, except maybe your future immigration petitions will be looked at very hard.

I guess it is up to you if you want to continue this lie or not.

well we did meet today but the conversation didnt go as well as i expected.at some point my wife took my 2 bottles of my expensive cologne,ran outside n threw them n broke them. so the neighbours called the police, when they came i explained what happeed n my wife also admitted so they took her to jail. i got a paper from the police officer and they told me i can get a restraining order. im sad i have to do this but i will divorce her.

Is the restraining order enough for self petition?

I guess you just have to apply with what you got, and see. If she is in jail, then you won't be getting any more evidence to support your VAWA claim.

OP, contact USCIS/ICE, divorce her, and FEDEX her home . Avoid VAWA of course.

USCIS should stop giving Conditional GC. They should instead offer temporary visa for 2 years, after which you can apply for greencard if your marriage is still intact at that point. Visa would be similar to H1B and would allow one to work and get SSN/Driver License.

Of course, VAWA needs to go and it definitely shouldn't be applicable in first 2 years. If you feel like you are abused in first 2 years, return to your home country.

Although you can express your opinions, you still have to respect other posters. Apparently you don't realize the hardship that leaving this land after studying and pretty much having a life here, and then lose it, can have on a person. Everyone that is here made this country their home, and have nothing to go back to.

For someone who isn't fooled, you make it hard not see you are acting like one. Please act accordingly, if you want the rest of us to treat you nicely.

I agree with this statement. Vietbride is too harsh but agree with her as well.

While it is difficult to go back to your country, is it reason to trump up VAWA charges on US Citizen / LPR just so you can stay in the US? You can't force your US Citizen/LRP Spouse to file for your papers if things are not working out. Hardship waiver is something you can use if it is too difficult to go back (not abuse charges).

It does seem like every marital breakup leads to VAWA if you were to read this forum. People start thinking about how to file VAWA and what documents do they need immediately as soon as word breakup is uttered.

Thank you for your responses guys. I really appreciate it.

I reviewed the post from a guy few years ago, but timeline doesn't match, This supposedly happened in 2005. However, it is possible that I am being misled as well, and this happened more recently than I am told. I am just trying to find facts for them (out of obligation for a friend).

Regardless, this kind of things happen more frequently than people think. It is just that very few people stand up and fight. Generally, they would give other person greencard then do amicable divorce proceeding instead more turbulant path of divorce just to not give other person greencard. Anyways, I don't think that's her but I am now concerned that US Citizen may have reported her. I can see how other person must be feeling.

I was talking about two different US Citizens earlier. First one is long gone. Now that I think about it, it is more likely that he may have reported her as there were lot of people involved and she still didn't get him to budge on greencard thing. I think its not her because of timline (hers was in 2005).

Regarding Hindu Marriage: Strictly per Indian law, marriage registered through Hindu Marriage Act is not valid, unless valid marriage ceremony is performed. Usually, priest give you some sort of certificate after hindu ceremony that is REQUIRED when you go register marriage under this act. On registration form, it asks you to swear that you were married at ____ date via Hindu ceremony and now you are here to register your marriage. Of course, in India, you can pay off people and get things registered without any ceremony. But I think in eyes of US, it is valid as long as there is certificate saying it is valid unless proven otherwise. (THere is a CIVIL form of marriage that does not require hindu ceremony. Registration process is different and there is 30 day wait period and you have to appear twice at marriage registrar. Most people don't do this as Hindu marriage registration is immediate with one time appearance). This is besides the point though.

Back to Visa:

I should mention that between 2005 and now (after breakup), she has tried to get visitor visa and student visa, but has been denied multiple times without any reason. But I guess that is common as her age/gender is high risk of overstaying/getting married in US once there.

What kind of trouble could she be in? I mean most they can do is deny her visa right? I am not sure what kind of proof she will be able to provide for bona fied marriage as her husband isn't gonna stay in India with her for months. He has job in US and likely can only visit for 3-4 weeks in a year maximum. Operating under assumption that she has been reported, what kind of things she might expect?

Anyone? Please give me some thoughts, whatever they are (harsh or not).

I am posting this for a friend who might be in little trouble. I am not really sure.

This is in India at Chennai Consulate.

First let me say this as I am not sure if this is legal or not: Here is how it generally works whenever Indian Citizen marry US Citizen. Whenever decision of marriage is made between party, they immediately go for paper marriage in order to expedite the immigration processing. Paper marriage under Hindu marriage act WITHOUT proper Hindu ceremony are not legally valid, but you do get marriage certificate stating that you are married. I don't think US Embassy cares too much as long as there is certificate. Anyways, paper marriage is registered, and based upon paper marriage greencard application processing is started. While greencard processing is ongoing, couple eventually get Hindu religious marriage for real and by the time interview rolls around, they are married for real. This is the process MOST indians use for nutshell to expedite the immigration somewhat. I am not saying this is right or wrong, but this is what it is done.

So, my friend started similar process in 2005 with US Citizen. Marriage was registered, and greencard application was filed from US. However, relation was broken off by my friend because she was in love with someone else at that time. Apparently, there was some force on US Citizen from my friend's family to let her have greencard anyway even though girl was not interested. US Citizen didn't give in, and canceled the greencard file and got divorce (for that paper marriage). US Citizen was obviously not at fault for doing this.

Fast forward to now, my friend is in contact with US Citizen for last 6 month and is planning to get married. I don't think she is trying to use "shortkut" again and do everything legally by the books.

So, she was concerned that whether her brief marriage in 2005 as described above will interfere with new processing? Do US Embassy keep record for 5 years for non-approved petitions from the past. She is not sure if US Citizen reported her to immigration at that time, because there was force on him to the point that it could easily be considered blackmail/extortion for 6-8 months by her family and friends in US.

Please do not pass any judgement. I would like information on whether she will have trouble getting visa to US if everything is done legally with new US Citizen by the book. She will obviously reveal previous marriage. What should she do to help her case? If there is no chance, then she would rather find someone within India and not go through years of trouble.

Any feedback will be appreciated.