VISA BENEFITS

[chavelle 6]

HEY AGAIN ,

I WROTE ABOUT MY FRIEND (USC) AND HER HUBBY YESTERDAY. THIS IS SOMETHING NEW THAT SHE HAS DIVULGED. SO HER HUBBY CAME HERE ON K1 VISA AND THEY MARRY WITHIN 90 DAYS. THEY HAD A FIGHT HE HIT HER AND WAS ARRESTED BUT WAS NOT CONVICTED. SHE WORKS AWAY FROM HOME.

SHE BROKE DOWN ON THE PHONE LAST NIGHT , TELLING ME THAT HER HUBBY IS ALWAYS GOING OUT OF TOWN,NO EXPLANATIONS AS TO WHY HE IS GOING. HE WOULD NOT CALL HER WHILE HE IS AWAY AND HIS PHONE IS SWITCHED OFF. SHE WENT ON TO TELL ME THAT HE HAS CHEATED WITH TWO WOMEN ,THAT SHE CAN PROVE. HE CURSED HER AND TELL HER THAT HE TAKES HIS WOMAN INTO HER BED. HE HAS NO RESPECT FOR HER AND DOES NOT HELP HER FINANCIALLY BECAUSE HE DOES NOT WORK.

SHE WAS TOLD BY MEMBERS OF HIS FAMILY THAT HE HAD MADE A STATEMENT THAT HE DOESN'T LOVE HER, HE JUST WANNA GET HERE. HOWEVER, SHE TOLD ME THAT SHE DID NOT BELIEVE THEM. ITS CLEAR THAT SHE IS SUFFERING BECAUSE OF THIS MAN'S ACTIONS. I CANNOT IMAGINE WHAT IT MUST FEEL LIKE.

SHE HAS ASKED ME TO FIND OUT WHAT CAN BE DONE AT THIS STAGE? ANY ADVICE/INFO IS HIGHLY APPRECIATED.

JUST TO ADD... HE IS CURRENTLY AWAY FROM HOME WITH ANOTHER WOMAN. HE HAS NOT YET RECEIVED HIS GREEN CARD.

Edited July 18, 2008 by chavelle

[chavelle 6]

HEY AGAIN ,

I WROTE ABOUT MY FRIEND (USC) AND HER HUBBY YESTERDAY. THIS IS SOMETHING NEW THAT SHE HAS DIVULGED. SO HER HUBBY CAME HERE ON K1 VISA AND THEY MARRY WITHIN 90 DAYS. THEY HAD A FIGHT HE HIT HER AND WAS ARRESTED BUT WAS NOT CONVICTED. SHE WORKS AWAY FROM HOME.

SHE BROKE DOWN ON THE PHONE LAST NIGHT , TELLING ME THAT HER HUBBY IS ALWAYS GOING OUT OF TOWN,NO EXPLANATIONS AS TO WHY HE IS GOING. HE WOULD NOT CALL HER WHILE HE IS AWAY AND HIS PHONE IS SWITCHED OFF. SHE WENT ON TO TELL ME THAT HE HAS CHEATED WITH TWO WOMEN ,THAT SHE CAN PROVE. HE CURSED HER AND TELL HER THAT HE TAKES HIS WOMAN INTO HER BED. HE HAS NO RESPECT FOR HER AND DOES NOT HELP HER FINANCIALLY BECAUSE HE DOES NOT WORK.

SHE WAS TOLD BY MEMBERS OF HIS FAMILY THAT HE HAD MADE A STATEMENT THAT HE DOESN'T LOVE HER, HE JUST WANNA GET HERE. HOWEVER, SHE TOLD ME THAT SHE DID NOT BELIEVE THEM. ITS CLEAR THAT SHE IS SUFFERING BECAUSE OF THIS MAN'S ACTIONS. I CANNOT IMAGINE WHAT IT MUST FEEL LIKE.

SHE HAS ASKED ME TO FIND OUT WHAT CAN BE DONE AT THIS STAGE? ANY ADVICE/INFO IS HIGHLY APPRECIATED.

JUST TO ADD... HE IS CURRENTLY AWAY FROM HOME WITH ANOTHER WOMAN. HE HAS NOT YET RECEIVED HIS GREEN CARD.

Guys , anyone knows anything that can be done? Hubby and I have tried everything to help her but we were unable to find anything out. She is currently here with us because she needs some emotional support, but I am not able to advise her. pleaseeeeeeeeeeeeeeee someone???

[wowswift 3]

file for divorce. (i guess i don't really know what you're asking advice on, sounds like a bad marriage to me)

Edited July 18, 2008 by wowswift

[Mononoke28 135]

She needs to file for divorce and perhaps get a restraining order against him since he has been abusive. He can then buy his own plane ticket and go back home if he wants to but just because they're married, she does not have to keep him living in her house.

You also have not given any details about their AOS process. Have they filed for it yet? If not, she shouldn't and he will be out of status. If she did and they haven't had their interview, she can call the USCIS and see if she can cancel the petition or go to his AOS interview and tell them the truth about the situation. If he already got his 2 year conditional green card, there is nothing she can do for 2 years but collect all kinds of evidence so that when the time comes to file to Remove Conditions, she can prove that the marriage was a sham from his side and avoid him getting his 10 year card. If he does get his 10 year card, there is nothing she can do to get him out of the country.

The way I see it, he's doomed just because he married a US citizen does not guarrantee him to stay legally in the country. I don't think he's aware of this.

Diana

[chavelle 6]

file for divorce. (i guess i don't really know what you're asking advice on, sounds like a bad marriage to me)

I AM NOT SURE HOW SHE CAN GO ABOUT IT. SHE ASKED ME BECAUSE SHE KNEW I HAVE RECENTLY BEEN THROUGH MY CR1/IR1 PROCESS. SHE WANTS TO KNOW IF SHE CAN HAVE HIM SENT BACK TO HIS COUNTRY? HE HAS NO PERMANENT RESIDENT STATUS, AS HE WAS GOING THROUGH THE COURTS FOR A WHILE, HENCE HIS AOS PAPERS WERE RECENTLY FILED. SHE HAS ASKED ME FOR MY ADVICE AND I TOLD HER THAT I WOULD HAVE SENT HIM BACK TO HIS COUNTRY. HOWEVER , THERE ARE PROCEDURES TO FOLLOW AND I AM UNSURE OF WHAT TO TELL HER. SHE CANNOT AFFORD AN ATTORNEY BECAUSE SHE IS THE ONLY ONE WHO IS WORKING, ON TOP OF THAT SHE HAD TO PAY AN ATTORNEY TO REPRESENT HIM IN IMMIGRATION COURT.

[wowswift 3]

well rly she shouldn't worry too much about his immigration. If I were her, I'd just file for divorce. Maybe this thread can get moved to the effects forum (http://www.visajourney.com/forums/index.php?showforum=127) so you can get better advice from the experts. I have a feeling he will have trouble AOSing on a divorce, but again, the experts can help in that department. I think her main concern for herself is to just get a divorce for now. That seems like the first step to moving forward.

Edited July 18, 2008 by wowswift

[chavelle 6]

She needs to file for divorce and perhaps get a restraining order against him since he has been abusive. He can then buy his own plane ticket and go back home if he wants to but just because they're married, she does not have to keep him living in her house.

You also have not given any details about their AOS process. Have they filed for it yet? If not, she shouldn't and he will be out of status. If she did and they haven't had their interview, she can call the USCIS and see if she can cancel the petition or go to his AOS interview and tell them the truth about the situation. If he already got his 2 year conditional green card, there is nothing she can do for 2 years but collect all kinds of evidence so that when the time comes to file to Remove Conditions, she can prove that the marriage was a sham from his side and avoid him getting his 10 year card. If he does get his 10 year card, there is nothing she can do to get him out of the country.

The way I see it, he's doomed just because he married a US citizen does not guarrantee him to stay legally in the country. I don't think he's aware of this.

Diana

I WAS TOLD THAT THE IMMIGRATION JUDGE HAS THROWN OUT THE CASE AGAINST HIM. I KNOW THAT SHE HAS RECENTLY SUBMITTED THE I-130.I AM NOT SURE ABOUT THE PROCESS OF AOS THOUGH- WE DID NOT DO AOS.

SHE HAS TOLD ME THAT THE IMMIGRATION JUDGE HAS APPROVED HIS PERMANENT RESIDENCY? SO I AM CONFUSED ABOUT THAT. I THOUGHT THAT THE JUDGE COULD ONLY STOP YOU FROM BEING DEPORTED, NOT TO GRANT YOU STATUS? ANYWAYS HE HAS NOT RECEIVED ANY PERMANENT RESIDENT CARD EITHER. SHE NOW WANTS HIM OUT, BUT, IF HE WAS GRANTED PERMANENT STATUS BY THE JUDGE THAT IS ANOTHER OBSTACLE. HE HAS BEEN IN THIS COUNTRY SINCE 2004 , CAME IN ON KI VISA.

[Nita&Assaad 0]

I think she has a case for Fraud, plus the fact he hits her!! This fall under the Adam walsh law or something like that. I would stop the paying of the attorney and just get him deported!! Just withdrawl the petition for his papers, I had a friend that did that.

Tell you friend good luck, I feel bad for her!!

file for divorce. (i guess i don't really know what you're asking advice on, sounds like a bad marriage to me)

I AM NOT SURE HOW SHE CAN GO ABOUT IT. SHE ASKED ME BECAUSE SHE KNEW I HAVE RECENTLY BEEN THROUGH MY CR1/IR1 PROCESS. SHE WANTS TO KNOW IF SHE CAN HAVE HIM SENT BACK TO HIS COUNTRY? HE HAS NO PERMANENT RESIDENT STATUS, AS HE WAS GOING THROUGH THE COURTS FOR A WHILE, HENCE HIS AOS PAPERS WERE RECENTLY FILED. SHE HAS ASKED ME FOR MY ADVICE AND I TOLD HER THAT I WOULD HAVE SENT HIM BACK TO HIS COUNTRY. HOWEVER , THERE ARE PROCEDURES TO FOLLOW AND I AM UNSURE OF WHAT TO TELL HER. SHE CANNOT AFFORD AN ATTORNEY BECAUSE SHE IS THE ONLY ONE WHO IS WORKING, ON TOP OF THAT SHE HAD TO PAY AN ATTORNEY TO REPRESENT HIM IN IMMIGRATION COURT.

[Nita&Assaad 0]

Sorry I mean this falls under The Violence Against Women Act (VAWA), passed into law in 1994

Also check this out: Marriage fraud

A person who entered into the U.S. by a marriage contracted less than 2 years prior to admission and who divorced or had the marriage annulled within 2 years after admission, unless the person can prove it is not a sham marriage, is inadmissible for reentry into the U.S.

A person who entered the U.S. with a K fiancée visa and failed to complete the marriage within 90 days of admission, is inadmissible.

I found this for "Crimes of Moral Turpitude" anything on this checklist is grounds for deportation and Adultery and Fraud is on the list...

CIMT CHECKLIST

This checklist is designed to provide a quick reference to the types of offenses which the Board of Immigration Appeals has found to be "Crimes Involving Moral Turpitude." This list is not exclusive and DAOs will consult with Service counsel for more in-depth information.

Crimes Against The Person

Murder/Intentional Homicide

Voluntary Manslaughter

Homicide by Reckless Conduct

Involuntary Manslaughter w/ Reckless Disregard

Attempted Murder

Kidnapping Mayhem

Assault or Attempted Murder Upon Government Officers

Carrying a Concealed Weapon w/ Intent to Use Against the Person of Another

Assault w/ a Deadly Weapon

Assault w/ Weapon Likely to Produce Bodily Harm

Interfering w/ a Law Enforcement Officer

w/ Use of Deadly Force

Attempting to Obstruct/Impede the Progress

of Justice

Aggravated Assault Against a Peace Officer

Crimes Against Property

Attempted Arson

Blackmail/Extortion

Forgery

Uttering a Forged Instrument/Forged Prescription

Making False Statements of Financial Condition

Robbers'

Embezzlement

Larceny/Theft

Grand theft

Petty Theft

Receiving Stolen Property

Concealing Assets in Bankruptcy

Encumbering Mortgaged Property w/ Intent to Defraud

Fraudulently Issuing Check w/ Insufficient Funds

Fraudulently Issuing Worthless Check

Illegal use of ATM or Credit Card

Passing Forged Instrument

Attempted Fraud

Using Mails to Defraud

Making False Statements in Acquisition of Firearm

Securities Fraud

Welfare Fraud

Transporting Stolen Property

Obtaining Money by False Pretenses

Bribery

Malicious Trespass

Sexual and Family Crimes

Assault w/ Intent to Commit Abortion

Attempted Assault w/ Intent to Commit Carnal Abuse

Statutory Rape/Rape

Indecent Assault/Sexual Battery

Adultery

Bigamy

Prostitution

Sodomy

Gross Indecency

Contributing to the Delinquency of a Minor/Sexual Acts

Taking Indecent Liberties w/ a Child

Incest

Oral Sexual Perversion

Crimes Against the Government

Falsely Issuing a Narcotic Prescription

Offering a Bribe

Making, Passing, or Possessing Counterfeit Coins

Conspiracy to Violate IRS Laws

Securities Fraud

Counterfeiting

Smuggling Merchandise

Impersonating Federal Officer

False Statements/Firearm

False Statements or Entries

Harboring a Fugitive

Using False Names & Addresses to Violate Postal Laws

Uttering/Selling False/Counterfeit Immigration Documents

False Statements to Obtain a Passport

False Statements in LPR Application

Perjury

Theft from U.S. Mail

Taking Kickbacks

Receiving Funds by False Statements

Trafficking in Narcotics

Failing to Report Income

Union Official Unlawfully Accepting a Loan

Kickbacks on Government Contracts

False Statements/Selective Service

Falsely Representing Social Security Number

False Statements/Unemployment Benefits

Hope this helps GOOD LUCK

Nita

I think she has a case for Fraud, plus the fact he hits her!! This fall under the Adam walsh law or something like that. I would stop the paying of the attorney and just get him deported!! Just withdrawl the petition for his papers, I had a friend that did that.

Tell you friend good luck, I feel bad for her!!

file for divorce. (i guess i don't really know what you're asking advice on, sounds like a bad marriage to me)

I AM NOT SURE HOW SHE CAN GO ABOUT IT. SHE ASKED ME BECAUSE SHE KNEW I HAVE RECENTLY BEEN THROUGH MY CR1/IR1 PROCESS. SHE WANTS TO KNOW IF SHE CAN HAVE HIM SENT BACK TO HIS COUNTRY? HE HAS NO PERMANENT RESIDENT STATUS, AS HE WAS GOING THROUGH THE COURTS FOR A WHILE, HENCE HIS AOS PAPERS WERE RECENTLY FILED. SHE HAS ASKED ME FOR MY ADVICE AND I TOLD HER THAT I WOULD HAVE SENT HIM BACK TO HIS COUNTRY. HOWEVER , THERE ARE PROCEDURES TO FOLLOW AND I AM UNSURE OF WHAT TO TELL HER. SHE CANNOT AFFORD AN ATTORNEY BECAUSE SHE IS THE ONLY ONE WHO IS WORKING, ON TOP OF THAT SHE HAD TO PAY AN ATTORNEY TO REPRESENT HIM IN IMMIGRATION COURT.

Edited July 18, 2008 by Nita&Assaad

[Nita&Assaad 0]

http://www.cannlaw.com/CurrentNews/2007New...anualOnCIMT.pdf

[macuto 0]

This battered woman should look into getting her marriage annulled on the basis that her putative husband entered into the marriage for purposes of immigration benefits. Many states recognize such an intent as grounds for recognizing the marriage was void from the beginning.

[Mononoke28 135]

If they recently filed for AOS she can just call the USCIS and find out what she needs to do to cancel the petition. That's it, this will prevent him from getting his green card. As for making sure he leaves the country, if she can't make him go, then it's up to the authorities to do so. Bottom line is, he won't be here legally for long.

Diana