Green card chaser?

[Guest enight]

if she accuses you for abusing her (physically or mentally), she needs evidence to prove it (policeman report, third part witness, doctor's report etc).

 

she will be able to stay and get green card right away if she can prove you abuse her regardless she has or hasn't got temporary 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.

 

even she isn't able to find a guy to marry with and file another I130 before USCIS deports her, she can still stay here legally till marry to someone else later on then file I130 and appeal for release (for illegally staying) together (even divorced you before she gets temporary greencard).

 

do you really think it's so difficult to find an american citizen to marry with even just for a green card? ... go check the Chinatown then.

 

so, buddy, I feel terribly sorry for you, if you have been used by another gold digger... and if she sues you abusing her in court... you will have a record of domestic abuse... it will hurt you deeply if later on you apply for another alien and she sues you for domestic violence as well.

[frank1538]

If she divorces you and claims abuse, she might be able to remain in the US without remarrying.

This is probably the crux of the issue. She did make an official claim of abuse (bogus, but has to be proven in court). So now I'm wondering if this was all planned from the beginning. Her time here was 'all about her' and really didn't show any interest in my life or a relationship.

Without knowing all the facts, it is really hard to comment. I am not an immigration lawyer, but abuse for green card purposes does not have to be proved in court for there to be an initial determination. Take a look at http://uscis.gov/graphics/howdoi/battered.htm for some general information on the process. The regulations also spell out what kind of supporting evidence might be needed: http://uscis.gov/lpBin/lpext.dll/inserts/s...slb-8cfrsec2042

 

Down around 1/4 - 1/3 of the page, you'll find the following:

 

Evidence of abuse may include, but is not limited to, reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel. Persons who have obtained an order of protection against the abuser or have taken other legal steps to end the abuse are strongly encouraged to submit copies of the relating legal documents. Evidence that the abuse victim sought safe-haven in a battered women's shelter or similar refuge may be relevant, as may a combination of documents such as a photograph of the visibly injured self-petitioner supported by affidavits. Other forms of credible relevant evidence will also be considered. Documentary proof of non-qualifying abuse may only be used to establish a pattern of abuse and violence and to support a claim that qualifying abuse also occurred.

 

Sounds to me like she might be getting advice from someone on how to scam the system but, again, I don't know all the facts.

[maiyademama]

If she divorces you and claims abuse, she might be able to remain in the US without remarrying.

This is probably the crux of the issue. She did make an official claim of abuse (bogus, but has to be proven in court). So now I'm wondering if this was all planned from the beginning. Her time here was 'all about her' and really didn't show any interest in my life or a relationship.

If your wife can prove abuse, she can get a greencard ... This is from the website of the Asian law Caucus:

 

Through the advocacy efforts of countless community groups, including the Asian Law Caucus, Congress passed the Violence Against Women Act (1994) and the Victims of Trafficking and Violence Protection Act (2000), which together extend immigration protection to immigrants who are victims of battering or extreme cruelty by their U.S. citizen or lawful permanent resident spouse or parent.  National advocacy has also ensured that many of the post-1996 restrictions on immigration and welfare eligibility include exceptions for battered spouses and children.  The Caucus continues to represent survivors of domestic violence in applying for immigration relief, including permanent resident status and asylum.

 

I suggest you get a lawyer.

[Guest enight]

oops.. typed wrong... above there what I said should be ' she is still be able to stay here illegally till marry to someone else later on then file I130 and appeal for release (for illegally staying) together (even divorced you before she gets temporary greencard).

 

by the way... if you sure that she can prove you abusing her... I suggest you make an under table agreement with her to avoid drown into deep trouble.

[warpedbored]

Since she is gone you only need to revoke your petition on her behalf. What happens later is irrelevant except for the sake of revenge. I would notify the USCIS that she abandoned you without cause and the marriage is no longer a valid reason for AOS. If she manages to get her green card anyway it is no skin off your nose as long as you aren't responsible for her financially. I agree it is a rotten deal but if the USCIS that declines enforcing their own rules it is their fault not yours.

[MikeXiao]

I read the posts here. This is the worse thing that any of us can ever hope to happen. I would recommend, finding a GOOD immigration/divorce lawyer. The cost may be high, but under the circumstances, I would think it worth the cost. I would find one who is ruthless. But that is me. But you need good legal advice. Get it soon.

[frank1538]

Since she is gone you only need to revoke your petition on her behalf.  What happens later is irrelevant except for the sake of revenge.  I would notify the USCIS that she abandoned you without cause and the marriage is no longer a valid reason for AOS. If she manages to get her green card anyway it is no skin off your nose as long as you aren't responsible for her financially.  I agree it is a rotten deal but if the USCIS that declines enforcing their own rules it is their fault not yours.

Just a quick thought, Carl.

 

The man's reputation is at stake as well. Should Gerard want to go through another K visa process, USCIS's knowing that he had clean hands and was scammed on a prior marriage may make the task a bit easier. To sit by and not be involved may caste a very unfavorable light on him.

[keelec]

I am not sure about timing. I believe that the K1 fiancée visa requires that the beneficiary MUST marry the petitioner (which was done in your case). In theory, it can not be used to marry someone else. Find out if that requirement changes after the initial marriage and filing the AOS.

 

Also, look in to the differences between a divorce and an annulment. It may be possible that even the INS would look at the two processes differently. Of course, if one would hurt your wife’s case more than the other, then it is likely that she would already know what is best for her, and insist on that alternative.

 

Reading one side of the story, this whole thing smells like a scam.

 

However, realize, of course, that some people do truly have a change of heart after marriage. Perhaps the two of you did not “really” know each other before she came to the USA and you got married. The abuse thing could even be “saving face” in some strange sense.

 

The way to really see what was in her heart.

 

Offer her a divorce and a 1-way plane ticket back to China so that she can return to her family for support after the failed marriage. If she accepts the plane ticket, then this was obviously a big misunderstanding. However, if she refuses the plane ticket, then it would sound MUCH more suspicious.

 

She could also feel too embarrassed to return home to China after saying goodbye to all of her family and friends and heading off for her new life in America.

 

Or, if you are more “devious”, offer her a round trip ticket to use while she is sorting things out, then cancel the visa support while she is out of the country. I believe that if you cancel the AOS, then the AP would be meaningless. But, of course from what I have heard, I am sure she is smarter than that

 

Unfortunately, I don’t know enough about “Life after K1”. Thus, I am not certain whether the AOS interviews require both people to be present, or if a single person could do the interviews alone. I would think that it would be a poor choice to allow this to drag on longer than absolutely necessary.

 

One thing to keep in mind. She may be entitled to half of your net income (including investments and retirement) for the period that you are married. End it SOON.

 

Good Luck, and best wishes.

----- Clifford ------

[warpedbored]

Since she is gone you only need to revoke your petition on her behalf.  What happens later is irrelevant except for the sake of revenge.  I would notify the USCIS that she abandoned you without cause and the marriage is no longer a valid reason for AOS. If she manages to get her green card anyway it is no skin off your nose as long as you aren't responsible for her financially.  I agree it is a rotten deal but if the USCIS that declines enforcing their own rules it is their fault not yours.

Just a quick thought, Carl.

 

The man's reputation is at stake as well. Should Gerard want to go through another K visa process, USCIS's knowing that he had clean hands and was scammed on a prior marriage may make the task a bit easier. To sit by and not be involved may caste a very unfavorable light on him.

I agree Frank but like Don said the AOS is now in her hands not his. All he can do is notify the USCIS that he has been scammed and hope they enforce thier own laws. Regardless of what he does another petition would be more difficult for him.

[oregonknl]

Yeah, well,

 

Assuming the abuse is bogus, (which is what I tend to believe at this point) ---

 

---- Gerard is up Sh*t Creek without a paddle if he doesn't do SOMETHING to clear his name, even if it is only a paper trail of trying to get the truth out....

 

This could become like the perverbal sex charges --- raised, but never proved -- or disproved --- that follow the Damned sometimes in our society ...

 

But in this case, since SHE gets the green card, everyone thinks there must be "cause"

 

This can come up in ALL SORTS of ways in Gerard's future (ways in which we can't even currently predict..)

 

---- If I were in this position, I would fight hard to have her deported --- I might fail, but I would have a strong paper trail that would indicate "two sides" to this horrible story....

 

Not justice ... but perhaps the best outcome given the circumstances....

[Gerard]

I might have some more details later

[Dianaqiu]

It's a ONE_SIDE story. Within 2 years of your marriage there's no way for her to get the green card if she devorced you. Don't you know that??So what's indeed that you're asking here??

[keelec]

It's a ONE_SIDE story. Within 2 years of your marriage there's no way for her to get the green card if she devorced you. Don't you know that??So what's indeed that you're asking here??

Apparently that is not entirely true.

 

I presume that Violence Against Women Act (VAWA) was passed to protect women from being forced to live in abusive relationships with no way out.

 

Thus, by claiming violence (false, or perhaps true, we don't know), then this woman is hoping to fall under the VAWA, and get a visa granted to herself.

 

Now that she is IN the USA, she may be able to avoid deportation while applying for other types of visas.

 

----- Clifford -----

[warpedbored]

I agree Kim that he should do everything possible to avoid being labeled as a woman abuser. How would you propose that he do that? It still boils down to his word against hers and is up to the USCIS. It is a bad situation no matter how you look at it. He isn't even allowed to attend any hearings on the outcome since it is based on her not his application for AOS. I am not unsympathetic to his dilema but as I see it seeking revenge is not good either.

 

He needs to:

Document what ever her can to prove he didn't abuse her. Perhaps this could be done by hacking into his computer and tracing the websites she may have gone to for informaiton on falsely claiming abuse. Statements from friends and neighbors.

 

Get a good divorce attorney to protect his assets and prove in divorce court he is not abusive.

 

Notify the USCIS of her abandonment and revoke his support for her AOS. Submit any documentation he may have to support his position.

 

 

AFter that it is in the hands of the USCIS and there is nothing more he can do.

[oregonknl]

Yeah Carl,

 

He is in a real bind, because if he didn't abuse her, he has to prove a negative --- always a streach -- and you have some good ideas about how to go about collecting the evidence.

 

But look at the impact it could have on his future life if he is unsuccessful: The most obvious area (but only one of MANY!) ---- As a father who went throught a messy divorce last year my ex most certainly would have raised any of that kind of thing (if it were at all available) to hurt me by seperating me from the girls... This was the only plus of her having high-powered divorce lawyer (I foolishly represented myself) --- but she thought she should make a case of abuse to "get me" and her attorney gently took her asside and said: OK lets review that aspect of the case --- there of course was NOTHING to review .....

 

In this case, if State allows the green card that becomes prima facia evidence of abuse.

 

If he has at least a record that he fought hard to have her deported, he can at least use that in his future defense... But yeah, as I mentioned, that isn't a complete solution, and it sure aint justice......