abuse charges

[burningcandle 0]

You don't have to give him any money (unless divorce judge says so).

If he stays in the US and gets means tested benefits from the US government (I don't think it's very easy to get tho)

you would be obligated to pay this money back to the US government, eventually.

Who was that human being you were trying to help? I hope you don't mean your husband. If you married a man - I hope you did it for yourself, because you loved him and wanted him in your life. I hope you did not marry the guy to just bring him to the US out of the kindness of your heart. That'd be fraud, you know.

Thanks for the information.

What I mean is that, I went to Nigeria, fell in love with him obviously beforehand, we married there, he came here, but he lied and cheated since day one. I would say he is the fraudulent one. But, my statement is more of an emotional statement. Me, thinking we were so in love, but it was it was a deceving marriage after a few months of him being here and he changed.

[antda 13]

Hi Burningcandle,

Sorry that you and your children have to go through this situation with your soon-to-be ex-husband, and that it didn't work out between you and him. It's a good first step that you took, in filing charges against him and filing for divorce afterwards. You and your children shouldn't be suffering through abuse like this. And the most important thing is to make sure that you and your children take are taken care of emotionally and physically, and that you are all safe too.

I'm not an immigration lawyer here, but based on what you said, I think too, that your abusive ex-husband's chances of staying are pretty slim. It's good too, that you removed his name from all of your documents, so he doesn't have the additional "joint evidence" to prove his case there. And if they keep on calling him for multiple interviews, and he keeps on getting denied all those times, then his case doesn't look good on that end either.

As well, have you also considered writing a letter to the USICIS officials, explaining your side of the story too? This way, they are more aware of the immigration fraud situation, and can make the right decisions accordingly (such as deportation). You can also include court records, police records, removal of his names on joint documents, affidavits, or anything else paperwork-wise you can think of with the letter to the USCIS to support your side too.

Hope this post helps and I hope you and your children find the strength to move on from this difficult life situation too...

Ant (Still waiting at the VSC, Still waiting for Baby...)

hey, just wondering what the status is of someone who hasn't had their green card for 2 years, was charged 2 times with Assault and Battery, going through a divorce, and has no records NOW of being on wife's documents. What are his chances of staying? He is not on the lease agreement either. Thanks!!

He entered thru a K1 Visa. He has 2 Assault and Battery charges, I filed for divorce 6 months ago and it will take place in Feb, he has 2 neglect charges against my kids thru Dept of Children and Families (DSS). I removed my name from all our "joint" documents / banking / etc. He goes for his 2nd interview in July. An immigration lawyer says his situation does NOT look good, but I want to hear from others. I may sound stupid for asking this question, but what does "good faith" mean? I mean don't all couple who marry marry in good faith?

What I mean is that, I went to Nigeria, fell in love with him obviously beforehand, we married there, he came here, but he lied and cheated since day one. I would say he is the fraudulent one. But, my statement is more of an emotional statement. Me, thinking we were so in love, but it was it was a deceving marriage after a few months of him being here and he changed.

[burningcandle 0]

Hi Burningcandle,

Sorry that you and your children have to go through this situation with your soon-to-be ex-husband, and that it didn't work out between you and him. It's a good first step that you took, in filing charges against him and filing for divorce afterwards. You and your children shouldn't be suffering through abuse like this. And the most important thing is to make sure that you and your children take are taken care of emotionally and physically, and that you are all safe too.

I'm not an immigration lawyer here, but based on what you said, I think too, that your abusive ex-husband's chances of staying are pretty slim. It's good too, that you removed his name from all of your documents, so he doesn't have the additional "joint evidence" to prove his case there. And if they keep on calling him for multiple interviews, and he keeps on getting denied all those times, then his case doesn't look good on that end either.

As well, have you also considered writing a letter to the USICIS officials, explaining your side of the story too? This way, they are more aware of the immigration fraud situation, and can make the right decisions accordingly (such as deportation). You can also include court records, police records, removal of his names on joint documents, affidavits, or anything else paperwork-wise you can think of with the letter to the USCIS to support your side too.

Hope this post helps and I hope you and your children find the strength to move on from this difficult life situation too...

Ant (Still waiting at the VSC, Still waiting for Baby...)

hey, just wondering what the status is of someone who hasn't had their green card for 2 years, was charged 2 times with Assault and Battery, going through a divorce, and has no records NOW of being on wife's documents. What are his chances of staying? He is not on the lease agreement either. Thanks!!

He entered thru a K1 Visa. He has 2 Assault and Battery charges, I filed for divorce 6 months ago and it will take place in Feb, he has 2 neglect charges against my kids thru Dept of Children and Families (DSS). I removed my name from all our "joint" documents / banking / etc. He goes for his 2nd interview in July. An immigration lawyer says his situation does NOT look good, but I want to hear from others. I may sound stupid for asking this question, but what does "good faith" mean? I mean don't all couple who marry marry in good faith?

What I mean is that, I went to Nigeria, fell in love with him obviously beforehand, we married there, he came here, but he lied and cheated since day one. I would say he is the fraudulent one. But, my statement is more of an emotional statement. Me, thinking we were so in love, but it was it was a deceving marriage after a few months of him being here and he changed.

Hello there!

Thank you for your response. You and I think very much alike. I have an appt w/ immigration very soon (next week and WITHOUT him) and I do have all the paperwork I need to give to them, just so they have it on hand when he goes in for his interview - in July. I also spoke with USCIS a month or two ago, and they said "it doesn't look like he will stay" AND "that he cannot sue me for not supporting him". My soon to be ex threatened me with that too. HA! I just hope that since I have been talking about deportation alot, that it does happen and not someone from immigration will let it slide. Ugh.

My children really thanked me that he has now been removed from the house. First it started with the emotionally abuse, especially towards my 11 year old daughter, then it ended up with physical abuse, not only towards them, but now towards me.

I refuse to continue in a marriage where the children or I get this abuse, thus the divorce. Mind you, I did try everything to make it work - ex: marriage counseling, but after only 3 times, he refused to go. It's been such a rocky marriage. Oh the facts I could share are amazing.....yet very entertaining!!

[antda 13]

Hi Burningcandle,

You're welcome for the reply. Lol..glad to know that we think alike too, as that's what I would do if I were in your situation too. That's great that you have an appointment with immigration next week without him, so you'll definitely be able to present the paperwork and your side of the "entertaining" story in-person soon. It's encouraging too, that they said that "it doesn't look like he will stay" and "that he cannot sue me for not supporting him"....as it looks like deportation is the way to go for him there, and more likely than not, they won't let that slide. And no, he can't sue you for something that you signed between you and the USCIS (as someone else here also mentioned about that too). And as well, if he is going to be deported, it would be impossible for him to sue you from overseas in another country, about benefits that only US Citizens/Residents are entitled to in the first place!

Definitely you and your children should be happier now that he is out of your house, as you all don't have to worry about that abuse anymore. No child or adult deserves this abuse, especially if it keeps on continuing even if you did try to work this out. It takes both sides to work this out, and if your ex-husband didn't want to put the effort into the marriage and make positive changes towards treating his family better, then you might as well call it quits with him, and find the strength to move on...

Good luck with the rest of your difficult situation, and hope it all works out for the best soon.

Ant (Still waiting at the VSC, Still waiting for Baby...)

Hello there!

Thank you for your response. You and I think very much alike. I have an appt w/ immigration very soon (next week and WITHOUT him) and I do have all the paperwork I need to give to them, just so they have it on hand when he goes in for his interview - in July. I also spoke with USCIS a month or two ago, and they said "it doesn't look like he will stay" AND "that he cannot sue me for not supporting him". My soon to be ex threatened me with that too. HA! I just hope that since I have been talking about deportation alot, that it does happen and not someone from immigration will let it slide. Ugh.

My children really thanked me that he has now been removed from the house. First it started with the emotionally abuse, especially towards my 11 year old daughter, then it ended up with physical abuse, not only towards them, but now towards me.

I refuse to continue in a marriage where the children or I get this abuse, thus the divorce. Mind you, I did try everything to make it work - ex: marriage counseling, but after only 3 times, he refused to go. It's been such a rocky marriage. Oh the facts I could share are amazing.....yet very entertaining!!

Edited January 8, 2009 by AntandD

[burningcandle 0]

Also, I stated earlier in this forum that he came here on a K1 Visa. It is actually a K3 Visa. Does that make any difference?

And congrats on your pregnancy. Baby will arrive first!

[antda 13]

Hi Burningcandle,

Personally, I don't think it makes a difference as to what type of visa he originally came here on, as immigration officials will make their decision about this case based on the situation now, and not on the outcome of any prior approval decision before. That's probably why they have this I-751 Removal of Conditions stage of the immigration process: To evaluate the immigration situation now of a married couple in order to determine if it is a case of a immigration based on a genuine marriage or if it is a case of immigration fraud...

The main point is that: your ex-husband is here, he did some things against the law to hurt you and your family, and should be be punished for it, even if it means a punishment as severe as deportation in this case....

Good luck with the rest of your difficult situation, and hope it all works out for the best soon.

Ant (Still waiting at the VSC, Still waiting for Baby...)

P.S. Thanks too, for the congratulations about my pregnancy, for saying that the Baby will arrive first, and for voting in the VJ poll about this topic. Likewise, I'm thinking more or less the same way, as to be honest with you, I don't have much faith in the VSC, in terms of approving my I-751 case earlier anytime soon...

Also, I stated earlier in this forum that he came here on a K1 Visa. It is actually a K3 Visa. Does that make any difference?

And congrats on your pregnancy. Baby will arrive first!

[burningcandle 0]

I just found out from USCIS that he committed Fraud and that he will be deported. They gave me the number to Immigration and Customs to contact him. She asked me if I had "proof" of his A&B charges, his neglect towards the kids, and any docs that have no "joint names together".. I told her I have all that. She asked if I have an appt w/ Immigration and I told her that next week I do. She said for me to show her the proof and they will take it from there.

So how does deportation work? Do they go to his job and escort him out? ..LOL. I have no clue about any of this.

Thanks soon to be mom for listening and giving your advise.

[diadromous mermaid 36]

I just found out from USCIS that he committed Fraud and that he will be deported. They gave me the number to Immigration and Customs to contact him. She asked me if I had "proof" of his A&B charges, his neglect towards the kids, and any docs that have no "joint names together".. I told her I have all that. She asked if I have an appt w/ Immigration and I told her that next week I do. She said for me to show her the proof and they will take it from there.

So how does deportation work? Do they go to his job and escort him out? ..LOL. I have no clue about any of this.

Thanks soon to be mom for listening and giving your advise.

Well, for one, he isn't necessarily going to be deported, so I would prepare yourself emotionally for that. He has a green card and to rescind it at this point would be very unlikely and a waste of USCIS resources. His green card is a conditional one, and he will be given the opportunity to demonstrate his bonafide intentions when he petitions to remove those conditions in July. Just because you have reported your concerns to ICE and USCIS, he has rights to rebutt your claims and will be afforded the opportunity at the "removal of conditions" stage. However, the bar has been raised by your allegations.

In the event that he cannot demonstrate that he entered the marriage in good faith, his status would terminate. He would eventually be placed in removal proceedings and would be expected to depart the USA. If he doesn't he would be in unlawful status and subject to removal at any time. Whether ICE would eventually catch up with him is dependent upon how determined he is to remain.

[burningcandle 0]

I just found out from USCIS that he committed Fraud and that he will be deported. They gave me the number to Immigration and Customs to contact him. She asked me if I had "proof" of his A&B charges, his neglect towards the kids, and any docs that have no "joint names together".. I told her I have all that. She asked if I have an appt w/ Immigration and I told her that next week I do. She said for me to show her the proof and they will take it from there.

So how does deportation work? Do they go to his job and escort him out? ..LOL. I have no clue about any of this.

Thanks soon to be mom for listening and giving your advise.

Well, for one, he isn't necessarily going to be deported, so I would prepare yourself emotionally for that. He has a green card and to rescind it at this point would be very unlikely and a waste of USCIS resources. His green card is a conditional one, and he will be given the opportunity to demonstrate his bonafide intentions when he petitions to remove those conditions in July. Just because you have reported your concerns to ICE and USCIS, he has rights to rebutt your claims and will be afforded the opportunity at the "removal of conditions" stage. However, the bar has been raised by your allegations.

In the event that he cannot demonstrate that he entered the marriage in good faith, his status would terminate. He would eventually be placed in removal proceedings and would be expected to depart the USA. If he doesn't he would be in unlawful status and subject to removal at any time. Whether ICE would eventually catch up with him is dependent upon how determined he is to remain.

Wow, my hope of his deportation was just shot down! I haven't called Immigration and Customs yet for I have an appointment with them next week. However, I will call them to see what they say. How can he rebutt my claims when in fact, I have the proof at hand? Also, why would it be a waste of USCIS time on this? If so, then America is so messed by just allowing foreigners in, they can do whatever to another human or even break laws, and they get to stay? Now I see why some American's are so hateful towards the outsiders. They can rob us of our identity, they can use, abuse, emotionally scar, yet they have the right to stay? OMG.

I do thank you however for your feedback.

[Achromatic 0]

Wow, my hope of his deportation was just shot down! I haven't called Immigration and Customs yet for I have an appointment with them next week. However, I will call them to see what they say. How can he rebutt my claims when in fact, I have the proof at hand? Also, why would it be a waste of USCIS time on this? If so, then America is so messed by just allowing foreigners in, they can do whatever to another human or even break laws, and they get to stay? Now I see why some American's are so hateful towards the outsiders. They can rob us of our identity, they can use, abuse, emotionally scar, yet they have the right to stay? OMG.

I do thank you however for your feedback.

It is an emotionally difficult issue to deal with - however, from the perspective of the government they have two people contesting something (and in the case of divorce, often bitterly) - they are bound by procedure and fairness to hear his side of the story.

He cannot be punished by deportation for the crimes he has committed. Presumably when he was found guilty of those charges, a judge enacted a penalty upon him (regardless of what that was). Given that he is currently a legal permanent resident, that residency cannot be summarily revoked and deportation ordered as additional punishment.

The conditional permanent residency is granted for a period of two years (and depending on the process, may be extended until a final determination is made on the removal of conditional status) - again, it cannot be summarily revoked - just as a person cannot be tried for the same offense twice, nor can they be punished for the same offense twice.

I'm not saying this to batter you down - I appreciate the emotional trauma of your position - I am merely trying to show you why the government is acting as they are.

You may get "lucky". At my AOS interview with my wife, we saw a family go into the offices from the waiting area. About 30 mins later, some law enforcement arrived and went back, and about 15 mins later, the father (presumably) left with them, handcuffed (the case officer of our case was surprised by this handling - "they usually go out the back door for discretion"). Was he being deported? I don't know. Depending on certain circumstances, the case officer, what his status is at his interview, and so on, he may be subject to removal then, but as someone else said, it may not be the case.

Of course, if he is subject to removal, and DOES try to play games with you - demanding money, intimidating, following, whatever - call the police, and inform them, and when you do, inform them of his immigration status (however, do not try to do this proactively - local law enforcement typically does not involve itself immigration enforcement for no other reason than "he's illegal").

Good luck.

[burningcandle 0]

Thank you for your input. You are not battering me down for I do realize and understand that each "case" or person needs to be heard. I guess my emotions are relying on the feedback I received from USCIS and Immigration that it IS considered Fraud. Who knows, he may be able to stay??..!!!

Well, God is the only one who knows what is going to happen. I am done now w/ posting messages. I'm drained. Thanks everyone.

[Bobby+Umit 161]

Wow, my hope of his deportation was just shot down! I haven't called Immigration and Customs yet for I have an appointment with them next week. However, I will call them to see what they say. How can he rebutt my claims when in fact, I have the proof at hand? Also, why would it be a waste of USCIS time on this? If so, then America is so messed by just allowing foreigners in, they can do whatever to another human or even break laws, and they get to stay? Now I see why some American's are so hateful towards the outsiders. They can rob us of our identity, they can use, abuse, emotionally scar, yet they have the right to stay? OMG.

I do thank you however for your feedback.

Uhm, America didn't bring this person here, you did.

You vouch for him, you did the paperwork for him, you paid the fees.

Sorry your going through all this trouble, but America is not to blame.

[burningcandle 0]

I'll keep ya posted.