A few words to all you hopefuls

[Rakkasan]

I think you cannot record someone without their permission. A lawyer would own every asset you have in the end.

W. Va. Code ¡ì 62-1D-3: Recording a wire, oral or electronic communication, or disclosing its contents, is not a violation of West Virginia law when the person recording is a party to the communication or has obtained consent from one of the parties, as long as the recording is not accompanied by a criminal or tortious intent.

 

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," W. Va. Code ¡ì 62-1D-2. In West Virginia Dept. of Health and Human Resources v. Wright, the West Virginia Supreme Court held that a woman whose children's screams could be heard by neighbors nevertheless had a reasonable expectation of privacy in her home, for purposes of the wiretapping law. 453 S.E.2d 646 (1994).

 

Recording any such communication, or disclosing its contents with knowledge of the illegal interception, is a felony punishable by imprisonment for not more than five years and a fine of not more than $10,000. An individual whose communications have been unlawfully intercepted can recover civil damages in the amount of actual damages, but not less than $100 per day of violation, along with punitive damages, attorney fees and litigation costs. W. Va. Code ¡ì 62-1D-12.

 

 

This reads to me that as long as he is not trying to record the meeting for the purpose of extortion he can legally record the meeting. Whether a court will allow the recording into the proceedings is totally up to the judge.

Edited November 2, 2006 by Rakkasan (see edit history)

[Randy W]

My ex-wife and I were advised by our attorney to tape record conversations with her ex by connecting a recorder to the phone line. He advised that it is permissable to record ANY communication to which you are a party (without notifying the other party), and the evidence IS admissable in court.

[Danax]

And, I have to pay her the 125% of the "poverty level" I promised to pay her in my Affadavit of Support. That's nearly $1,000 a month!

That's beyond scary Wally. I'm not too deep into this process yet but I had not yet considered the deeper ramifications of that document.

 

If it just didn't work out but there was a sincere effort on her part, then it's understandable not to leave her destitute but if you've been played, then fight her with every ounce of strength you can find. I feel like fighting alongside you!

[Joanne]

I only heard the one side of the story. But by only reading his first chapter of love story, I saw red-flags.

 

Don't be too scared, gentlemen of this forum, but be observant. I have to say that Wally was naive (his own word).

[Joanne]

I only heard the one side of the story. But by only reading his first chapter of love story, I saw red-flags.

 

Don't be too scared, gentlemen of this forum, but be observant. I have to say that Wally was naive (his own word).

 

I think I owe some explanation to above remarks. The following is based on a PM reply to a member:

 

She was too open in their intimate life. She showed her love and devotion too soon. When I read the story, Wally was deep in love, what could I say?

 

She moved around in China very frequently (There was a previous post of Wally about change of address). This rised the first red-flag in my mind, but I could not judge solely base on this fact and say something bad.

 

Wally also admired her quality of being able to make others, particularly man, to follow her notion (don't remember the original words). This is also a red-flag in my opinion. That shows some women are used to taking advantage of men who admire them. I noticed this problem with another CFL member's ex.

 

I don't blame many women favor an American over men from other part of the world, because American men in general do has some common trait we desire (not necessarily related to money). I don't blame them that green card could be an attraction. However, many of those women do ultimately love their husbands and are devoted to their family. Then their initial motivation is no longer a problem to the marriage.

 

(I don't want to judge others based on my own value system. For example, the power of being able to play men around their fingers, only beautiful, lovely and intelligent women have the privilage in doing so. They can be a good loving wife, too. However, they may expect more of life's conveniences. If you are unable to provide, then your marriage will likely fail.)

 

Sorry for my rambling.

[resp]

get everything in writing from her lawyer, then

used it to defend yourself in court

[shyaushu]

I am pleased to see the extensive give-and-take on this important, broad subject: the I-864, generally, and people's underlying motives in getting married. I believe it is a critical element in our "Candle for Love" support group. Reality checks need to be made.

 

I was definitely naive and so is everyone, in some manner or another. Absolute certainty about reality is impossible, and even more so with human interactions. The "red flags" raised but someone were important signs, like an animal's foot print when you're hunting. It's subtle, but there's a lot of information there if you know what you're doing.

 

The I-864 is definitely a night mare, and counter intuitive as well.

 

But I believe my experience is instructing me that The Law is not about right or wrong; or even good and evil. It is about leverage. You get someone to plead to jay-walking and you drop the capitol murder charge.

 

Yes, the Legal Aid lawyer (he is so arrogant in his conviction that he is helping this poor, otherwise defenseless Chinese woman who in reality is blackmailing a man she inviegled into marrying her so she could end her life of misery in a Shenzhen slum)) is probably being dishonest and commiting breaches of legal ethics. And yes, my wife is conspiring to commit immigration fraud.

 

But the leverage of the situation requires my weighing how much crow I must eat for not having to work for the rest of my life as a greeter at WalMart and actually retaining the small pension I worked my entire life -- 40 years! -- for.

 

So many wonderful women, there and here. It's actually very easy to get snookered. Buyer beware!

[SmilingAsia]

I don't know how you guys choosing a woman. During your time together and the long visa journey, if something goes wrong you can sense and smell the shit.

 

Someone's case got returned to US at interview. The relationship is true but the lady has serious alcohol problems - I believe VO sensed something wrong at the interview. Her SO can just make a few calls to find out - she is at lost or dreaming during broad days whatever language she is speaking.

[lostinblue]

We as a group . How do we handle this situation , in the future, Be more vocal and address things a petitioner may not desire to hear . Maybe some people pick up things that others miss? Potential red flags. Is it up to US to send someone a reality check?

[Danax]

We as a group . How do we handle this situation , in the future, Be more vocal and address things a petitioner may not desire to hear . Maybe some people pick up things that others miss? Potential red flags. Is it up to US to send someone a reality check?

I think the correct answer is yes, we should point out any red flags that we might see. Love is definitely a cause of blindness. Even in Wally's wedding pic, it looks like she's pulling away from him. Body language is hard to fake, even for a "pro", so there will always be signals to save someone from disaster, if one's eyes remain open and thinking remains clear.

 

It sounds like a title for a Country and Western song but Being In Love is a Bad Place to Be sometimes.

[comingclean]

 

I just came back from the first family court hearing and here is the situation:

 

1. I filed a Domestic Violence petition against my wife after she threatened to kill me with a kitchen knife.

2. At today's hearing (to end or extend that petition) her lawyer handed me HER Domestic Violence petition against me!

3. In it she alleges (i.e., swears, under oath) I did everything but have sex with squirrels.

4. He wants me to drop mine and he'll drop hers, BUT:

 

 

 

Be careful, please.

 

A friend in a similar situation once decided that he would come clean to the authorities and explain to them how he agreed to a sham marriage. I never heard the end of it, but imagine he didn't even get probation, probably no fine to the gov't nor the scammer.

[david_dawei]

I'm so afraid of signing the I-864 now.

Am i out of line to say that it sounds like you don't know or trust your SO enough?

 

I'd try to deal with removing/satisfying/reconciling those feelings ASAP... You really don't want that lingering feeling once together..

[lostinblue]

We as a group . How do we handle this situation , in the future, Be more vocal and address things a petitioner may not desire to hear . Maybe some people pick up things that others miss? Potential red flags. Is it up to US to send someone a reality check?

I think the correct answer is yes, we should point out any red flags that we might see. Love is definitely a cause of blindness. Even in Wally's wedding pic, it looks like she's pulling away from him. Body language is hard to fake, even for a "pro", so there will always be signals to save someone from disaster, if one's eyes remain open and thinking remains clear.

 

It sounds like a title for a Country and Western song but Being In Love is a Bad Place to Be sometimes.

This is a better one

 

http://www.twin-music.com/azlyrics/r_file/.../jerry_she.html

[Randy W]

Am i out of line to say that it sounds like you don't know or trust your SO enough?

 

 

 

Yes - I believe Wally would have answered that he knew and trusted his SO enough to sign it.

 

It has nothing to do with trusting your SO - it is a promise you make to the US government in the event that your trust might be misplaced.

[Thomas Promise]

I wish it weren't so Don but it has precident and has been deemed legally enforcible. I really HATE that we are forced to sign an I-864.

 

http://www.ilw.com/articles/2006,0110-wheeler.shtm

http://www.ilw.com/articles/2006,0608-mehta.shtm

 

I-864 is quite limited. It does not say that you will provide support under any and all conditions. All it does is allow the US Goverment agencies to seek reimbursement if an alien accesses certain (not all) benefits under federal law. Many of those benefits disallow aliens in the first place.

 

From postings by two different, experienced immigration attorneys on another forum, the I-864 has never been tested in court. Until I see an authoritive statement that it has been upheld, I will continue to believe that it is a very grey area and *may* be enforcible. The I-134 is not worth the paper it is written on.

 

I stand corrected. HOLY SHIT! Talk about judicial legislation.

 

This puts everything in a new light regarding the I-864. I haven't seen the new one and wonder if it contains the infamous language the court relied on in its finding? The part that was really scarey was the case where alimony/separate maintenance was not sought in divorce court, but the federal court in a separate action decided the petitioner indeed was liable for paying his ex at the 125% level. This is scarey, indeed.

 

Thanks, Sir.

[/quote

 

I am going through a divorce right now. My wifes attorney is trying to use the I-134 Form for spousal support of $800 per month from for one year from me. I have heard this Document is not binding. Is there any anywhere I can find some information on this subject. Like a court ruling.