lymeboy Posted October 28, 2006 Report Share Posted October 28, 2006 My so arrived 12/3/05--we married 12/30/05. She is unhappy and wants to move out of the house. I have many emotions about all of this --for another time. I am curious about the pragmatic matter of what happens to her immigration status. Any feedback is appreciated. Link to comment
yuehan123 Posted October 29, 2006 Report Share Posted October 29, 2006 It's even harder to guess depending on what moving out of the house means- going back to China, attempting to 'legalize' herself, disappearing, or reconciling at some later date. Link to comment
lymeboy Posted October 29, 2006 Author Report Share Posted October 29, 2006 My So passed the immigration interview in July but has not yet received green card. Awaiting name check. When I cam e home from work today she and her daughter and all of there stuff was disappeared. I would guess some serious planning involved and assistance from someone. Link to comment
Randy W Posted October 29, 2006 Report Share Posted October 29, 2006 If she claims abuse (whether true or not) she has no problem whatsoever. Link to comment
GaryandSherry Posted October 29, 2006 Report Share Posted October 29, 2006 If I understand this correctly, your wife hasn't been granted an AOS interview, thus she doesn't have a green card. Charging and proving abuse is going to be difficult unless she has police records. I personally think she will have to return to China since you are her sponsor. Link to comment
Randy W Posted October 29, 2006 Report Share Posted October 29, 2006 If I understand this correctly, your wife hasn't been granted an AOS interview, thus she doesn't have a green card. Charging and proving abuse is going to be difficult unless she has police records. I personally think she will have to return to China since you are her sponsor. Charging and proving abuse aren't necessary to obtain a green card -Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser Link to comment
lymeboy Posted October 29, 2006 Author Report Share Posted October 29, 2006 To clarify--we passed the interview with DHS in July--she has not received green card because of the name check. There is no abuse--difficult verbals as two very stubborn scoripos try to figure out how to live together. Link to comment
LeeFisher3 Posted October 30, 2006 Report Share Posted October 30, 2006 To clarify--we passed the interview with DHS in July--she has not received green card because of the name check. There is no abuse--difficult verbals as two very stubborn scoripos try to figure out how to live together.If you choose, you can contact the USCIS and try to revoke the I-864 involved in the case. This would probably require an explanation as to why you would want to do such a thing. Now this can have irrevokable consequences and if there is a chance of you getting back together could make it extremely difficult in the future. Link to comment
yuehan123 Posted October 30, 2006 Report Share Posted October 30, 2006 Well, isn't that a fine Howdy DoDee. Sorry to hear it. Every case is different. The general consensus, at least in my own mind, is for you to move on with your life as rapidly as possible. Her Immigration Status, beyond you deciding when to tell DHS that she no longer lives at your address and that you are withdrawing your sponsorhip, is largely beyond your control. Link to comment
se_lang Posted October 30, 2006 Report Share Posted October 30, 2006 If she claims abuse (whether true or not) she has no problem whatsoever. Claims don't make fact! She can claim anything she wants but without proof it is all just words! Link to comment
Randy W Posted October 30, 2006 Report Share Posted October 30, 2006 If she claims abuse (whether true or not) she has no problem whatsoever. Claims don't make fact! She can claim anything she wants but without proof it is all just words! We are confusing facts and claims here. A claim is just words, but if she shows up at a women's shelter, and claims verbal/mental/whatever abuse, those words can get her a green card, with or without any facts behind them "without the abuser's assistance or knowledge". In other words, the OP will not know of her claims. No proof is needed - I'm not sure that any evidence is even needed. I don't know what her chances are of getting the green card otherwise (unless lymeboy can forward it to her), since she would have to change her address with the USCIS. Link to comment
Rakkasan Posted October 30, 2006 Report Share Posted October 30, 2006 If she claims abuse (whether true or not) she has no problem whatsoever. Claims don't make fact! She can claim anything she wants but without proof it is all just words!This is true in divorce court. My Ex claimed sposual abuse, my attorney never asked if I abused her, he only wanted to know if there was a police report. If there was no report there was no abuse. As the text in previous posts showed that element of proof may not be necessary in immigration cases. Of course I suspect that even though it provides ways to obtain a green card by claiming abuse without you being informed, at some point this can be disclosed during divorce proceedings and unless she is an excellent liar, you may be able to catch her in a lie under oath. Not that many family court judges care about perjury anymore, but it may be worth a try to expose her. I do not know if these types of claims would have a negative impact on your future I-129F applications. Link to comment
NewDay2006 Posted October 30, 2006 Report Share Posted October 30, 2006 If she claims abuse (whether true or not) she has no problem whatsoever. Claims don't make fact! She can claim anything she wants but without proof it is all just words! Once she is allowed into the country and she at some point claims you abused her, our goverment will not ask you anything about the matter. They will take her word. Be careful of emails or anyway she can use anything against you. She might try anything to paint a bad picture of you. I don't know if this is what your wife will do, but it (abuse claim) is a legal loophole in the immigrations arena. Good Luck. Take it from someone who knows. Link to comment
lymeboy Posted October 30, 2006 Author Report Share Posted October 30, 2006 I do not know if SO will allege abuse. I contacted USCIS today and asked the question without giving names etc. I was told that upon my notification to the local office she loses her status. She has not yet recieved green card. I do not know if she will go underground or what she will do. I feel really powerless and helpless and I am very concerned about her and her daughter. There is also nothing that I can do except to take care of myself the best that I can. Link to comment
LeeFisher3 Posted October 31, 2006 Report Share Posted October 31, 2006 If she claims abuse (whether true or not) she has no problem whatsoever. Claims don't make fact! She can claim anything she wants but without proof it is all just words! We are confusing facts and claims here. A claim is just words, but if she shows up at a women's shelter, and claims verbal/mental/whatever abuse, those words can get her a green card, with or without any facts behind them "without the abuser's assistance or knowledge". In other words, the OP will not know of her claims. No proof is needed - I'm not sure that any evidence is even needed. I don't know what her chances are of getting the green card otherwise (unless lymeboy can forward it to her), since she would have to change her address with the USCIS.A change of address provided to the USCIS is all that is required for the green card to be mailed elsewhere. Extremely simple paperwork. Link to comment
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