I-551 but studying abroad?

[Boiler 45,733]

I think Yodrak's only saying that the only way she could return would be through me, which ain't going to happen. Why on Earth would I want to bring her back for, after being the one sending her back?

I am pretty certain he did not.

Obviously not relevant at the moment, but when the divorce is finalised her new beau could petition for her.

But that is her issue, not yours, best to leave it alone and move on.

Edited February 17, 2006 by Boiler

[Yodrak 7]

meauxna,

Yes. I was unaware of dmartmar's background, but now I see there's a completely different perspective that wasn't brought out in the original post or in the first few subsequent posts.

You and Boiler are correct, I was addressing something that turns out not to have been the issue.

Yodrak

Wow.

Yodrak, are you reading this as if he's asking for ways that he (dmartmar) can bring her back?

I must be losing it. This is one of the most confusing threads I've ever been in!

Edited February 17, 2006 by Yodrak

[meauxna 15]

Why on Earth would I want to bring her back for, after being the one sending her back?

That was my understanding of your situation. I guess we're all wondering what your current Q is.

Yup, pretty slimy what she's done, not only to you but to Mister #2. Short of contacting him, I don't see anything else you can do. She can't marry or fiance until she's divorced, so that would be a real shame if that took a long time to finalize. You just have to trust that the system works as best it can and know that you have done all you could *as concerns your own case*.

best,

meauxna

[dmartmar 1]

That was my understanding of your situation. I guess we're all wondering what your current Q is.

My current question is; how easy or hard would it be for her to return through him, if they did get married now or anytime in the future, taking into consideration the fact she has a marriage fraud allegation in her file? Is she subject to a ban from the US by abandoning her pending AOS application? And would the fact that she left voluntarily affect a new petition made for her by someone else in the future? How 'bout the allegation?

Under what other types of visas might she be able to retunrn to the US?

[Boiler 45,733]

That was my understanding of your situation. I guess we're all wondering what your current Q is.

My current question is; how easy or hard would it be for her to return through him, if they did get married now or anytime in the future, taking into consideration the fact she has a marriage fraud allegation in her file? Is she subject to a ban from the US by abandoning her pending AOS application? And would the fact that she left voluntarily affect a new petition made for her by someone else in the future? How 'bout the allegation?

Under what other types of visas might she be able to retunrn to the US?

An allegation, well unless clearly provable, means not a lot. Countless posts from persons alleging marriage fraud and how they reported it but nothing happened. A very difficult issue to prove. And somewhat contradicted by her departure.

No ban from abandoning her AOS.

Also seen plenty of second K visa recipients.

Not sure what you interest is, the only thing as far as Marriage is concerned is that you have to be Divorced first.

I do not know how many Visa categories there are, 100+?. The obvious ones are through marriage, work or as a visitor. Nothing suggests that she would be ineligible for any of these. Oh, and of course the Lottery.

[dmartmar 1]

An allegation, well unless clearly provable, means not a lot. Countless posts from persons alleging marriage fraud and how they reported it but nothing happened. A very difficult issue to prove. And somewhat contradicted by her departure.

My allegation was backed up with evidence of her abandoning our household exactly a week after my submission of her AOS paperwork (an e-mail from her); a change of address confirmation from the USPS sent to my address, which was requested by her and which she did not report to the CIS; pics of her with another man only weeks after leaving the house and all throughout our separation; another e-mail from her, begging me to begin divorce proceedings (so she could later file the "bona fide" waiver behind my back). When I told her I wasn't going to be the one starting divorce proceedings, nor the one paying for them, she then served me with a Domestic Violence restraining order, which I also submitted a copy of to the Agency. Then later during our court proceedings, she dropped all her "false" allegations against me, due to lack of evidence. I sent all of this to the Agency.

Then, about a month later, her online case status read this:

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status:

On October 13, 2005, we mailed a notice acknowledging withdrawal of this application. This withdrawal completes all action on this application.

She turned in her paperwork to the Agency exactly 4 days later and left the US 2 weeks after.

[Boiler 45,733]

An allegation, well unless clearly provable, means not a lot. Countless posts from persons alleging marriage fraud and how they reported it but nothing happened. A very difficult issue to prove. And somewhat contradicted by her departure.

My allegation was backed up with evidence of her abandoning our household exactly a week after my submission of her AOS paperwork (an e-mail from her); a change of address confirmation from the USPS sent to my address, which was requested by her and which she did not report to the CIS; pics of her with another man only weeks after leaving the house and all throughout our separation; another e-mail from her, begging me to begin divorce proceedings (so she could later file the "bona fide" waiver behind my back). When I told her I wasn't going to be the one starting divorce proceedings, nor the one paying for them, she then served me with a Domestic Violence restraining order, which I also submitted a copy of to the Agency. Then later during our court proceedings, she dropped all her "false" allegations against me, due to lack of evidence. I sent all of this to the Agency.

Then, about a month later, her online case status read this:

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status:

On October 13, 2005, we mailed a notice acknowledging withdrawal of this application. This withdrawal completes all action on this application.

She turned in her paperwork to the Agency exactly 4 days later and left the US 2 weeks after.

I see nothing in the circumstances described that suggests proof of immigration fraud. Unfortunately marriages break up frequently, often acrimonously.

She by the sounds of it she has no ban, was never out of status for more than 6 months.

You must also have seen many similar postings with similar responses?

[dmartmar 1]

An allegation, well unless clearly provable, means not a lot. Countless posts from persons alleging marriage fraud and how they reported it but nothing happened. A very difficult issue to prove. And somewhat contradicted by her departure.

No ban from abandoning her AOS.

Also seen plenty of second K visa recipients.

In my case, I made an Infopass appointment with the CIS, then eventually met with an officer in person.

Believe it or not, it was him who told me I should request withdrawal of the I-130 to the office processing her paperwork and to do so asap, after reviewing everything I presented as "evidence." He adviced me on how to word my letter, who and where to directly send it, what to include, etc. So, I would assume he "doubted" my ex-wife's intentions as truly being "bona fide" from the beginning when we married.

She wasn't brought here on a "K" Visa. She already had been here for a while when we 1st met and all throughout our dating days, with a "J1" instead.

Edited February 18, 2006 by dmartmar

[dmartmar 1]

I see nothing in the circumstances described that suggests proof of immigration fraud. Unfortunately, marriages break up frequently, often acrimonously.

You don't! Let's see. What are three ways an immigrant can obtain and be able to keep a GC, from easiest to hardest?

1. By marrying a USC and actually staying beside him/her before, during and well after AOS approval.

2. By applying for the "bona fide" marriage waiver by him/herself alone during the AOS interview, if divorce took place during the processing period leading up to a scheduled AOS interview. In this case, there is no need for the USC to be present, nor assist the beneficiary, since they're already divorced anyway and as such, the immigrant is left to his/her own devices trying to obtain the GC.

3. When all of the above fail and assuming the immigrant is still married to the USC, accuse the USC spouse, whether falsely or not, of commiting domestic violence against you. Then, if able to prove in court and to the judge that your charges are true, based on all of your submitted evidence, a restraining order will be issued against the USC spouse, which will do wonders for the immigrant when he/she alone applies for the "domestic violence" waiver during the AOS interview. Here, the immigrant can justify abandoning the abusive spouse through the restraining order and as such, should be considered and/or entitled to a GC.

My wife pulled all three steps on me and in the same order.

1. We got married, three mos. later submitted her AOS paperwork and exactly a week after, she abandoned me, using the most common pretext a woman can use to "justify" breaking off a relationship: that she found out I had been cheating on her with another woman. After moving out, she said that the only way she could forgive me and be able to redeem myself with her was by attending the AOS interview anyway, since it had been my fault she abandoned me in the first place. I guess she assumed I would feel guilty and play along, but when I instead told her I wasn't going to attend, nor help her out b/c her accusations were all false and unjustified, she then came to the realization she had to switch to;

2. Beg and implore me to not only agree divorcing together in court and w/o an atty., but to also be the one initiating and covering all costs related to the divorce as well, even though I disagreed and was against it. On the other hand, when I proposed I'd divorce her if she was the one doing everything instead, she cut off all forms of communication with me for almost 2 weeks, until one day;

3. She had a Domestic Violence Restraining Order served on me, by falsely accusing me of abusing her in all sorts of ways and fashions, during both our short-lived marriage and throughout our separation as well. But when push came to shove in court and she was given the opportunity to prove to the judge that her allegations against me were true, she instead dropped all DV charges, due to her lack of evidence (none whatsoever), much to the surprise of EVERYONE in attendance. The case was then dismissed.

Further "suggesting" marriage fraud could've been commited after her 3 different unsuccessful attempts to obtain a GC, is the fact she voluntarily turned herself in to the Agency, saying she was leaving the country forever with no interest in ever coming back, as to try making herself look good and innocent, by acting as if the GC was never what she was after to begin with when marrying, even though her above actions suggest otherwise and of which the Agency is well aware.

So I have to ask, based on her actions; do you still think and/or believe marriage fraud was not commited by her ?

[Boiler 45,733]

What I personally believe is not relevant, the circumstances you describe do not in itself hack it.

The facts suggests an acrimonious marriage, a sunsequent break up, and her departure.

Now if you had a statement from her that she only married you for immigration benefit or perhaps a failaed VAWA application, that might help.

Many of the issues that you mention are prevelant in break ups where there is no immigration involvement.

The most telling arguement in her favour is that she upped and left.

I am sure there will be others who will add their tenpenneth, I just do not see it.

[dmartmar 1]

What I personally believe is not relevant, the circumstances you describe do not in itself hack it.

The facts suggests an acrimonious marriage, a sunsequent break up, and her departure.

Now if you had a statement from her that she only married you for immigration benefit or perhaps a failaed VAWA application, that might help.

Many of the issues that you mention are prevelant in break ups where there is no immigration involvement.

The most telling arguement in her favour is that she upped and left.

I am sure there will be others who will add their tenpenneth, I just do not see it.

You must be an attorney.

Anf if you're not, you most definitely would make a good one.

Edited February 18, 2006 by dmartmar

[diadromous mermaid 36]

What I personally believe is not relevant, the circumstances you describe do not in itself hack it.

The facts suggests an acrimonious marriage, a sunsequent break up, and her departure.

Now if you had a statement from her that she only married you for immigration benefit or perhaps a failaed VAWA application, that might help.

Many of the issues that you mention are prevelant in break ups where there is no immigration involvement.

The most telling arguement in her favour is that she upped and left.

I am sure there will be others who will add their tenpenneth, I just do not see it.

I tend to agree. I sense that dmartmar, being a USC, reads the situation a little differently, but to an outsider for an allegation of fraud to stick I'd think that there'd have to be some proof of the common elements of fraud:

(1) There was a representation

(2) That was false

(3) and the perpetrator knew it to be false

(4) with the intent to induce the other person to act in reliance on the fact

(5) and the victim suffered damages as a result

There was a commitment by his wife to marry (1) that dmartmar claims was not really for the right purpose *but can he prove it?*

His wife did not marry for the purpose of love(2) *Difficult for dmartmar to prove without evidence*

The wife knew she was not going to remain married longer than was necessary to achieve her ends (3) *her leaving before GC was acquired blows this one*

She played the love card with him and he fell for it (4) *this may indeed be true*

Her husband suffered damages as a result (5) *not really any damages since she has left the country*

My feeling is that if fraud were the objective, she would never have left until the GC was acquired.

By the way, what do you mean by this?

By applying for the "bona fide" marriage waiver by him/herself alone during the AOS interview, if divorce took place during the processing period leading up to a scheduled AOS interview. In this case, there is no need for the USC to be present, nor assist the beneficiary, since they're already divorced anyway and as such, the immigrant is left to his/her own devices trying to obtain the GC

[dmartmar 1]

Now I do know for a fact dm, that you are an atty. indeed!

My feeling is that if fraud were the objective, she would never have left until the GC was acquired.

On the other hand, she might've left b/c she wasn't able to acquire the GC so; why stay?

Didn't you one time post (if I remember correctly), that in order for a USC to be successful having the I-130 (petition for alien/immigrant form) withdrawn by the Agency, not only would he/she have to allege marriage fraud as the basis for the request, but would also have to back it up with plenty of credible evidence in order to be able to substantiate the allegation, which eventually would or could lead to the withdrawal?

Please correct me if I'm wrong. I'm open to learning new things every day.

Edited February 19, 2006 by dmartmar

[Boiler 45,733]

You can withdraw an application at any time, K, AOS, whatever.

[dmartmar 1]

You can withdraw an application at any time, K, AOS, whatever.

W/o any valid reason(s) and just for the sake of doing so.

Edited February 19, 2006 by dmartmar