My lawyer need legal advice

[shyaushu]

I am in the midst of a very nasty divorce from a woman whose sole intention in marrying me was to get Permanent Resident Status for herself in the US. As an aside, I strongly urge everyone considering being the petitioner for a woman with little or no life in China to be very circumspect. It is not a good sign.

 

My wife's lawyer is essentially blackmailing me by having had her conjure up an alleged threat of domestic violence (unverifyable; no report to police or friends; no possibility of "marks", etc.) and he is using that as a lever to get what my wife wants -- the removal of her conditional status next December. My lawyer feels we may be able to quid pro quo this thing, but he doesn't know much about immigration law (this now a domestic violence/divorce matter, with competing domestic violence petitions).

 

1. Does anyone know a good immigration lawyer in or near Charleston, WV who can provide my attorney with some much-needed technical advice about the removal of the Conditional Status process? It could be someone far away, I suppose, since they invented the telephone and the Internet. But local would be better

 

2. Does anyone here know the answers to the following questions:

 

* Is there any particular significance to a marriage having lasted two years in so far as providing evidence of a "good faith" marriage? In other words, I have heard a very short marriage (i.e., less than two years) is very suspect. If full credibility is given to a two year marriage, does it need to be two years and a month? Two months?

 

Our second anniversary (which will be mourned, not celebrated by me) occurs January 17, 2007.

 

* If a couple is divorced, does the former wife automatically get to file for herself? Are her chances of being denied greater if she is divorced?

 

* Does the husband's "admission" to some minor domestic violence charge (this is their blackmail), thus allowing the now divorced woman to file for herself, impact the husband's potential to get a visa for a new Chinese wife? Does it ensure the woman's success in her petition?

 

My wife's only goal is to get the "Conditional" status removed, as she has no life whatever in Shenzhen, and probably entertained Hong Kong men to pay the rent on the would-be-here-condemned structure she called "her apartment" before we met. Her lawyer is willing to "drop" all allegations (i.e., lies they have fabricated) in return for a free ride in Pittsburgh in December, '07. He seems to feel all will be assured if I agree to admit I beat her.

 

Of course, I never touched my wife in any manner other than with affection and love. Hearing them say these things is very so incredily painful. She in contast, threatened to kill me with a knife, abandoned me in August, tried to smash the windshield of my car, and I am the one fighting for my life! But Law is not about "right and wrong": it is all about what you can get away with in court.

 

I really need this information, hopefully in the form of pamphlets or government publications or documents. Her lawyer is not willing to take "our word for it" and he has pretty much forced my lawyer to carry water for him because he knows his client -- a seemingly meek (wrong!), middle-aged Chinese woman who speaks no English -- cuts a very empathetic figure in court. So it's up to us to devise a way to get her her much-wanted Permanent Status. If I get screwed in the process, who cares?

 

I really don't care if she stays or not (except for the I-864!). Then she'll be your (i.e., the US taxpayer's) problem. It's nice having an insane, violent Chinese woman roaming the streets of our great country.

 

Help!

Edited November 23, 2006 by shyaushu (see edit history)

[C4Racer]

First of all, you talk about keeping open the possibility of going through this process again. Therefore it is very important you do not plead guility to anything you have not done. This would put a false mark on your record. Depending on how you met your next wife, the new IMBRA laws could be followed. You would then have to disclose a conviction of domestic violence. If not guilty, don't plead even just to make it go away. It could come back to haunt you.

 

It would for the most part ensure her success for removal of conditions. Someone filing for removal must still be married to the petitioner unless they can prove domestic violence. Your no contest plea would be proof enough as it would basically be the same as a conviction.

 

Next, I would recommend:

Davis, Wright Tremaine

James M. Mei

Partner- Portland, Oregon Office; Shanghai, China Office

Assists clients with business and family-based immigration issues, including non-immigrant and immigrant visas

jimmei@dwt.com

(503) 241-2300

 

He speaks both Chinese and English and is very familiar with immigration laws especially they pertain to China related issues. This would be a plus in this type of case. I know he is far from you, but he is a good lawyer. He could also recommend someone closer as his law firm has locations througout the US, including New York and Washington, D.C. We have had friends use him and he comes highly reccommended.

 

Don't know the answers to your questions as this is for a good immigration lawyer.

 

All I can say, is good luck.

Edited November 23, 2006 by C4Racer (see edit history)

[Cerberus]

I am in the midst of a very nasty divorce from a woman whose sole intention in marrying me was to get Permanent Resident Status for herself in the US. As an aside, I strongly urge everyone considering being the petitioner for a woman with little or no life in China to be very circumspect. It is not a good sign.

 

My wife's lawyer is essentially blackmailing me by having had her conjure up an alleged threat of domestic violence (unverifyable; no report to police or friends; no possibility of "marks", etc.) and he is using that as a lever to get what my wife wants -- the removal of her conditional status next December. My lawyer feels we may be able to quid pro quo this thing, but he doesn't know much about immigration law (this now a domestic violence/divorce matter, with competing domestic violence petitions).

 

1. Does anyone know a good immigration lawyer in or near Charleston, WV who can provide my attorney with some much-needed technical advice about the removal of the Conditional Status process? It could be someone far away, I suppose, since they invented the telephone and the Internet. But local would be better

 

2. Does anyone here know the answers to the following questions:

 

* Is there any particular significance to a marriage having lasted two years in so far as providing evidence of a "good faith" marriage? In other words, I have heard a very short marriage (i.e., less than two years) is very suspect. If full credibility is given to a two year marriage, does it need to be two years and a month? Two months?

 

Our second anniversary (which will be mourned, not celebrated by me) occurs January 17, 2007.

 

* If a couple is divorced, does the former wife automatically get to file for herself? Are her chances of being denied greater if she is divorced?

 

* Does the husband's "admission" to some minor domestic violence charge (this is their blackmail), thus allowing the now divorced woman to file for herself, impact the husband's potential to get a visa for a new Chinese wife? Does it ensure the woman's success in her petition?

 

My wife's only goal is to get the "Conditional" status removed, as she has no life whatever in Shenzhen, and probably entertained Hong Kong men to pay the rent on the would-be-here-condemned structure she called "her apartment" before we met. Her lawyer is willing to "drop" all allegations (i.e., lies they have fabricated) in return for a free ride in Pittsburgh in December, '07. He seems to feel all will be assured if I agree to admit I beat her.

 

Of course, I never touched my wife in any manner other than with affection and love. Hearing them say these things is very so incredily painful. She in contast, threatened to kill me with a knife, abandoned me in August, tried to smash the windshield of my car, and I am the one fighting for my life! But Law is not about "right and wrong": it is all about what you can get away with in court.

 

I really need this information, hopefully in the form of pamphlets or government publications or documents. Her lawyer is not willing to take "our word for it" and he has pretty much forced my lawyer to carry water for him because he knows his client -- a seemingly meek (wrong!), middle-aged Chinese woman who speaks no English -- cuts a very empathetic figure in court. So it's up to us to devise a way to get her her much-wanted Permanent Status. If I get screwed in the process, who cares?

 

I really don't care if she stays or not (except for the I-864!). Then she'll be your (i.e., the US taxpayer's) problem. It's nice having an insane, violent Chinese woman roaming the streets of our great country.

 

Help!

PMing you! Already been there and done this!

 

Dave

[shyaushu]

Many thanks to the responders. This situation is a "classic", and perhaps, with the draconian issues of the I-864 being revealed and the new background checks for the petitioner, this thing will only become more common. In today's "climate", a woman who alleges -- without any truth whatever -- that her husband abused her (or the children) in anyway is behind the eight ball. It's sort of the Salem witch hunts of the Massachussets colony revisited. "He's a witch!" And they burn him at the stake!

 

If she is successful, my wife will accomplish all of her goals: get unconditional Permanent Resident Status, make it so I must relinquish my forearms (I live on a farm in West Virginia and I see bears and coyotes almost daily. Coyotes killed a number of my sheep a while ago) and prevent me from ever marrying another overseas woman. She always hated my having guns because they reminded her of the executions she was forced to witness as a teenager during the Cultural Revolution. I understand that, but this is America.

 

All this because I met and married her in good faith, sent her and her daughter more than $7,000 during the 10 months we waited for her visa, did the visa (the hardest part, of course, and also expensive), visited her three times in China, got her here and gave her my devoted love and warmest affection. We ate in the best restaurants, traveled all over the northeast and east coast, visited Canada, and I introduced her to all of her Chinese friends here.

 

Many thanks from the woman from Jilin! She gets a ticket out of China and ruins my life. (Don't forget, I am a widower whose wife of 20 years died in 2004. I wanted another life partner and got this! She saw me coming from a mile away).

 

I need to fight this but I am mindful the deck is stacked too heavily against a man in this situation. Motivating my lawyer -- a nice guy and very experienced and competent -- will require money. He's willing to go the distance but it will probably cost a fortune (that I don't have. I already emptied all my savings helping Zhenshu and her daughter when they were in China and in visiting her there).

 

If anyone could provide any input regarding the questions I posed it would really help. My wife wants the status removal and I want a divorce. There must be some way to get both of these accomplished -- they are not mutually exclusive, are they?

 

 

I am in the midst of a very nasty divorce from a woman whose sole intention in marrying me was to get Permanent Resident Status for herself in the US. As an aside, I strongly urge everyone considering being the petitioner for a woman with little or no life in China to be very circumspect. It is not a good sign.

 

My wife's lawyer is essentially blackmailing me by having had her conjure up an alleged threat of domestic violence (unverifyable; no report to police or friends; no possibility of "marks", etc.) and he is using that as a lever to get what my wife wants -- the removal of her conditional status next December. My lawyer feels we may be able to quid pro quo this thing, but he doesn't know much about immigration law (this now a domestic violence/divorce matter, with competing domestic violence petitions).

 

1. Does anyone know a good immigration lawyer in or near Charleston, WV who can provide my attorney with some much-needed technical advice about the removal of the Conditional Status process? It could be someone far away, I suppose, since they invented the telephone and the Internet. But local would be better

 

2. Does anyone here know the answers to the following questions:

 

* Is there any particular significance to a marriage having lasted two years in so far as providing evidence of a "good faith" marriage? In other words, I have heard a very short marriage (i.e., less than two years) is very suspect. If full credibility is given to a two year marriage, does it need to be two years and a month? Two months?

 

Our second anniversary (which will be mourned, not celebrated by me) occurs January 17, 2007.

 

* If a couple is divorced, does the former wife automatically get to file for herself? Are her chances of being denied greater if she is divorced?

 

* Does the husband's "admission" to some minor domestic violence charge (this is their blackmail), thus allowing the now divorced woman to file for herself, impact the husband's potential to get a visa for a new Chinese wife? Does it ensure the woman's success in her petition?

 

My wife's only goal is to get the "Conditional" status removed, as she has no life whatever in Shenzhen, and probably entertained Hong Kong men to pay the rent on the would-be-here-condemned structure she called "her apartment" before we met. Her lawyer is willing to "drop" all allegations (i.e., lies they have fabricated) in return for a free ride in Pittsburgh in December, '07. He seems to feel all will be assured if I agree to admit I beat her.

 

Of course, I never touched my wife in any manner other than with affection and love. Hearing them say these things is very so incredily painful. She in contast, threatened to kill me with a knife, abandoned me in August, tried to smash the windshield of my car, and I am the one fighting for my life! But Law is not about "right and wrong": it is all about what you can get away with in court.

 

I really need this information, hopefully in the form of pamphlets or government publications or documents. Her lawyer is not willing to take "our word for it" and he has pretty much forced my lawyer to carry water for him because he knows his client -- a seemingly meek (wrong!), middle-aged Chinese woman who speaks no English -- cuts a very empathetic figure in court. So it's up to us to devise a way to get her her much-wanted Permanent Status. If I get screwed in the process, who cares?

 

I really don't care if she stays or not (except for the I-864!). Then she'll be your (i.e., the US taxpayer's) problem. It's nice having an insane, violent Chinese woman roaming the streets of our great country.

 

Help!

PMing you! Already been there and done this!

 

Dave

[NDTPRO]

I agree with donahso, This situation occured with my ex-russian wife, she wanted a divorce only after being in the US for 1 year, she left and moved in with a old russian boy friend I wrote the INS explaining my situation and they made my letter part of the adjustment record. I never filed for removal of conditions. 6 months after the removeal of conditions was due I received a letter from the INS saying that my wife was out of satatus. She later went to the INS office to try to change her status and they told her she had to have me to fix this problem. She lost her job then her drivers license, then she found work as a waitress and then she didnt have any money to fight any more. she returned to Russia then I filed for divorce in absentia in Florida. It took a wile however in the end she paid for her bad behavior.

 

I am not a lawyer, however I would never cop to something I didnt do no matter what the cost.

Everything you have done in good faith then I would put the responsibility on her to prove you where guilty. I would save my money. Consult with a good Immigration lawyer and form a plan to get through this.

 

She needs you to get her conditions removed. (this is why they put this program in place). She has to prove you abused her. For this she needs proof to convince a judge. So if you are innicent I would make this her problem. Layers dont work for free. ( most of the time)

so maybe you can just delay and wait her out.

 

Just my 2 cents worth.

[shyaushu]

Thanks to NDTPRO and donahso for the previous two posts. Some real life experiences are very helpful.

 

I have no intention, and never expected to "cop a plea" to anything, but I think my lawyer feels it is possible the Circuit Judge may rule against me, despite the utter lack of any evidence whatever. My desperate wife, or should I say her desperate lawyer, decided to simply put me on the defensive because they were faced with a court hearing on the Emergency Protective Order (EPO) against my wife (and one that I filed for good reason!) and had nothing to offer to get it removed.

 

So, they cooked up the worst allegation they could think of at the 11th hour, literally (two days before the hearing and at least 3 months after they allege this event happened -- my wife's petition says ". . . in summer/fall . . .") and charged me in her retaliatory EPO with something that is nothing but an allegation. But when a woman swears before a Magistrate that her 63 year old husband, and a widower from a 20 year marriage with a 19 year old daughter in college raped her at the point of a gun, our rather odd society is inclined to believe her. The mentally challenged local Magistrate did, and the Circuit Judge may, too. That is my risk.

 

But I am not sure what that would mean. I could appeal (to the WV Supreme Court, in this case) and get that ruling overturned, I suppose.

 

What I gleen from this is it is probably best for me to sit tight and refuse to lie and say I abused her in any way (the truth) and let her and her lawyer try to prove that I actually did anything, all the while with the adjustment of status clock ticking (albeit with a year left). Perhaps I can manage to get a hearing on my divorce and have it finalized and then my two adversaries can focus on proving an absurd case of spousal abuse.

 

All of the helpful posts make me feel less cornered and even if a situation is hopeless (and this one isn't) a plan helps a person feel less passive. Thanks.

 

 

I agree with donahso, This situation occured with my ex-russian wife, she wanted a divorce only after being in the US for 1 year, she left and moved in with a old russian boy friend I wrote the INS explaining my situation and they made my letter part of the adjustment record. I never filed for removal of conditions. 6 months after the removeal of conditions was due I received a letter from the INS saying that my wife was out of satatus. She later went to the INS office to try to change her status and they told her she had to have me to fix this problem. She lost her job then her drivers license, then she found work as a waitress and then she didnt have any money to fight any more. she returned to Russia then I filed for divorce in absentia in Florida. It took a wile however in the end she paid for her bad behavior.

 

I am not a lawyer, however I would never cop to something I didnt do no matter what the cost.

Everything you have done in good faith then I would put the responsibility on her to prove you where guilty. I would save my money. Consult with a good Immigration lawyer and form a plan to get through this.

 

She needs you to get her conditions removed. (this is why they put this program in place). She has to prove you abused her. For this she needs proof to convince a judge. So if you are innicent I would make this her problem. Layers dont work for free. ( most of the time)

so maybe you can just delay and wait her out.

 

Just my 2 cents worth.

[longstrangetrip]

unfortunately this seems time for a good lawyer.

 

Remember that if she gets permanent status she can come back and force you, via the I-864, to support her to the poverty level if she is legally in the states. This is over $1,000 a month so a lawyer that helps you stay out of trouble and helps make her legal options to stay in the states a remoter possibility would be worth an up front investment in a strong lawyer.

[shyaushu]

More good advice and the question of the I-864 is very important. If that happened it would basically banckrupt me since I am semi-retired and have very little. That amount would be my entire Social security. Imagine! A Chinese woman with a very questionable background can come to the US and take the retirement money a man has worked his entire life for! Forty years of my hard work down the drain. What were they thinking?

 

The posts here have inspired me and I am planing to just let my wife's lawyer prove his case, if he can. I will work to get the divorce finalized as quickly as possible, and then encourage her to petition for the adjustment in status on her own, and soon. Since she abandoned me after only a few months in the US and there is already documentation in her file that she came here for the sole purpose of getting the Green Card and ultimately, obtaining Unconditional Permanent Resident Status, she may have a very difficult time getting past the Immigration Judge. I certainly hope so.

 

So now, can anyone tell me what documentation I can get from USCIS that outlines the Adjustment of Status procedure? I need the official instructions or policy or guidelines. When her lawyer sees she can immediately file for herself if we are divorced I believe he will consider his (and my wife's) goal accomplished. But he will obviously not take my word for it.

 

So, what official USCIS document or phamphlet says she can file for herself immediately when she is divorced? I need to get this by next week.

 

Help me, guys, please. Sleepless in Big Otter (or else I wouldn't be writing this at 3:30 in the morning!).

 

 

 

unfortunately this seems time for a good lawyer.

 

Remember that if she gets permanent status she can come back and force you, via the I-864, to support her to the poverty level if she is legally in the states. This is over $1,000 a month so a lawyer that helps you stay out of trouble and helps make her legal options to stay in the states a remoter possibility would be worth an up front investment in a strong lawyer.

[tywy_99]

I don't know if there is any "straight-forward" information on it but it seems to be buried in immigration law and it would take a good attorney on either side to manipulate it for their clients use and to use it to persuade a judge.

 

Here are a couple of sites I found that may be of use in leading you in the right direction. I hope it helps.

 

http://www.murthy.com/news/n_remcon.html

 

 

http://library.findlaw.com/1995/Jan/1/129884.html

[Thomas Promise]

I am going through a very similar situation that you are experiencing. There is a good Immigration Attorney here in Cincinnati that I have talked with. The Fleischer Law Firm LLC

www.immigrate2usa.com/

 

Also if you suspect fraud by her on the Internet you can file a complint with the FBI against her.

http://www.ic3.gov/

[dnoblett]

I am by no means an expert on this subject but from what I read from (Tywy_99) post, the best way to handle situations like this it to not be hasty and file for a divorce, the best course of action it to file for a separation. A LPR cannot file to lift conditions separately unless they are divorced, if only separated, they need to file jointly to remove the conditions with a few exceptions, and that is where you get the leverage.

 

Filing if the Couple is Separated

 

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

 

Joint-Filing Waived in Limited Cases

 

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

http://www.divorceinfo.com/trialseparation.htm

[shyaushu]

You are a prince (or princess) tywy_99. Those web documents tell it all.

 

The requirements and regulations also put the entire situation in context. My wife acted in a manner that would almost certainly result in a denial of the removal of the conditional status (death threats, abandonment, my obtaining an Emergency Protective Order) and her lawyer was savy enought to realize her only shot now was filing as a battered spouse. So they countered with an EPO of their own and want to bargain me to admit to theirs, and help the person who did not enter into the marriage in good faith (which is obvious from the facts -- she left because she "didn't like the potatoes we ate"; she claims I once "didn't open up a door for her" and she "did not like the dishes I bought for her in restaurants", etc.), remove the conditional status.

 

Hardly the stuff of an on-going, bonafide marriage.

 

So, my strategy is now clear: make them prove their absurd allegation and have her file as divorced or separated. I will refuse to file jointly, of course. This regulation was designed to protect me! It's not perfect, but it should work, in theory. This woman needs to be sent back to her "apartment" (stable) in Shenzhen.

 

Who can doubt that the Candleforlove is a god-send? Believe me, it gets frantic when push comes to shove, and it is wonderful to have thousands of knowledgeable, caring supporters gathring and sharing information that will make a difference. Hooray Candle!

 

 

 

 

I don't know if there is any "straight-forward" information on it but it seems to be buried in immigration law and it would take a good attorney on either side to manipulate it for their clients use and to use it to persuade a judge.

 

Here are a couple of sites I found that may be of use in leading you in the right direction. I hope it helps.

 

http://www.murthy.com/news/n_remcon.html

 

 

http://library.findlaw.com/1995/Jan/1/129884.html

Edited November 25, 2006 by donahso (see edit history)

[shyaushu]

Kudos to you, too, dnoblett. Your posting suggests a refinement to the strategy that may accomplish the unltimate goal with more certainty. That is, getting her the hell out of here and ending the I-184 nightmare.

 

I will confer with my attorney and suggest we move to a "separation". I don't mind paying her for her living expenses for the next 10 months. It would be money well spent.

 

There are lessons here for all, but I leave it up to you to see what they are. At a minimum, it suggests the one ace-in-the-hole the immigration fraud perpetrator has is a bogus "battered spouse" allegation. Holding your ground and forcing her and her lawyer to convince a judge the allegations are credible is the difficult, but only choice.

 

I am certain she and her lawyer came up with this strategy because it can be prolematic for the husband to counter claims of wife beating, even without any evidence whatever (no police report; no "911" call; no telling close friends of the alleged incident; filing the allegation in Magistrate's Court 3-6 months after it allegedly occurred and two days before the hearing on my domestic violence petition, etc.). Our current society has created a certain "guilty until proven innocent" climate for allegations of men supposedly battering their wives. If she said it it is true.

 

In contrast, my wife threatened to kill me and I reported it to the police and got a protective order. Yet my allegations (which are true and supported by evidence) appear to be being treated as not true.

 

I'm all for doing everything pssible to protect woman from any sort of abuse, but that does not include a "carte blanche" to destroy their husbands with an omnipotent weapon -- the allegation.

 

This stuff needs a lot more balance.

 

 

I am by no means an expert on this subject but from what I read from (Tywy_99) post, the best way to handle situations like this it to not be hasty and file for a divorce, the best course of action it to file for a separation. A LPR cannot file to lift conditions separately unless they are divorced, if only separated, they need to file jointly to remove the conditions with a few exceptions, and that is where you get the leverage.

 

Filing if the Couple is Separated

 

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

 

Joint-Filing Waived in Limited Cases

 

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

http://www.divorceinfo.com/trialseparation.htm

Edited November 25, 2006 by shyaushu (see edit history)

[lostinblue]

Kudos to you, too, dnoblett. Your posting suggests a refinement to the strategy that may accomplish the unltimate goal with more certainty. That is, getting her the hell out of here and ending the I-184 nightmare.

 

I will confer with my attorney and suggest we move to a "separation". I don't mind paying her for her living expenses for the next 10 months. It would be money well spent.

 

There are lessons here for all, but I leave it up to you to see what they are. At a minimum, it suggests the one ace-in-the-hole the immigration fraud perpetrator has is a bogus "battered spouse" allegation. Holding your ground and forcing her and her lawyer to convince a judge the allegations are credible is the difficult, but only choice.

 

I am certain she and her lawyer came up with this strategy because it can be prolematic for the husband to counter claims of wife beating, even without any evidence whatever (no police report; no "911" call; no telling close friends of the alleged incident; filing the allegation in Magistrate's Court 3-6 months after it allegedly occurred and two days before the hearing on my domestic violence petition, etc.). Our current society has created a certain "guilty until proven innocent" climate for allegations of men supposedly battering their wives. If she said it it is true.

 

In contrast, my wife threatened to kill me and I reported it to the police and got a protective order. Yet my allegations (which are true and supported by evidence) appear to be being treated as not true.

 

I'm all for doing everything pssible to protect woman from any sort of abuse, but that does not include a "carte blanche" to destroy their husbands with an omnipotent weapon -- the allegation.

 

This stuff needs a lot more balance.

 

 

I am by no means an expert on this subject but from what I read from (Tywy_99) post, the best way to handle situations like this it to not be hasty and file for a divorce, the best course of action it to file for a separation. A LPR cannot file to lift conditions separately unless they are divorced, if only separated, they need to file jointly to remove the conditions with a few exceptions, and that is where you get the leverage.

 

Filing if the Couple is Separated

 

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

 

Joint-Filing Waived in Limited Cases

 

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

http://www.divorceinfo.com/trialseparation.htm

I understand this as good strategy however maybe her lawyer also will recognize this fact also and push for a quicker settlement. When I was in the middle of my divorce my case could have been settled quick as I has very little common assets and no children. However it dragged on for several years as it made both lawyers on both sides a little richer. If you desire a trial separation you must maybe show you do intend to to try to make this marriage work .Your lawyer could advise on what steps to make. to further drag this out timewise. Maybe you could go to anger management classes for a long time . To have this direction work you will need to show also you are a faithful worried husband who really desires to stay married . And fix the hurt between you. As far as her lawyer is concerned I myself cannot think but to believe that he understands he will need to act before the time frame runs out,Am I correct that you will need about 1 more year to be married before she would be out of status. And then she would need your john handcock?

So wally sit down and talk with your lawyer as to the best way to proceed to show you are willing to make this marriage work and that it is your last desire to be divorced.

Edited November 25, 2006 by lostinblue (see edit history)

[shyaushu]

I appreciate your comments and your sharing your experiences. I should make my wife take anger management classes. There has to be lots of them in Central WV with Mandarin-speaking moderaters! Just finding one might lead us to the conditional removal date.

 

I'll speak to my lawyer about the separation strategy.

 

 

 

 

 

 

Kudos to you, too, dnoblett. Your posting suggests a refinement to the strategy that may accomplish the unltimate goal with more certainty. That is, getting her the hell out of here and ending the I-184 nightmare.

 

I will confer with my attorney and suggest we move to a "separation". I don't mind paying her for her living expenses for the next 10 months. It would be money well spent.

 

There are lessons here for all, but I leave it up to you to see what they are. At a minimum, it suggests the one ace-in-the-hole the immigration fraud perpetrator has is a bogus "battered spouse" allegation. Holding your ground and forcing her and her lawyer to convince a judge the allegations are credible is the difficult, but only choice.

 

I am certain she and her lawyer came up with this strategy because it can be prolematic for the husband to counter claims of wife beating, even without any evidence whatever (no police report; no "911" call; no telling close friends of the alleged incident; filing the allegation in Magistrate's Court 3-6 months after it allegedly occurred and two days before the hearing on my domestic violence petition, etc.). Our current society has created a certain "guilty until proven innocent" climate for allegations of men supposedly battering their wives. If she said it it is true.

 

In contrast, my wife threatened to kill me and I reported it to the police and got a protective order. Yet my allegations (which are true and supported by evidence) appear to be being treated as not true.

 

I'm all for doing everything pssible to protect woman from any sort of abuse, but that does not include a "carte blanche" to destroy their husbands with an omnipotent weapon -- the allegation.

 

This stuff needs a lot more balance.

 

 

I am by no means an expert on this subject but from what I read from (Tywy_99) post, the best way to handle situations like this it to not be hasty and file for a divorce, the best course of action it to file for a separation. A LPR cannot file to lift conditions separately unless they are divorced, if only separated, they need to file jointly to remove the conditions with a few exceptions, and that is where you get the leverage.

 

Filing if the Couple is Separated

 

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

 

Joint-Filing Waived in Limited Cases

 

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

http://www.divorceinfo.com/trialseparation.htm

I understand this as good strategy however maybe her lawyer also will recognize this fact also and push for a quicker settlement. When I was in the middle of my divorce my case could have been settled quick as I has very little common assets and no children. However it dragged on for several years as it made both lawyers on both sides a little richer. If you desire a trial separation you must maybe show you do intend to to try to make this marriage work .Your lawyer could advise on what steps to make. to further drag this out timewise. Maybe you could go to anger management classes for a long time . To have this direction work you will need to show also you are a faithful worried husband who really desires to stay married . And fix the hurt between you. As far as her lawyer is concerned I myself cannot think but to believe that he understands he will need to act before the time frame runs out,Am I correct that you will need about 1 more year to be married before she would be out of status. And then she would need your john handcock?

So wally sit down and talk with your lawyer as to the best way to proceed to show you are willing to make this marriage work and that it is your last desire to be divorced.