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hellonew

Divorce Court Tomorrow

By hellonew in Effects of Major Family Changes on Immigration Benefits

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franklie Enthusiast

franklie   0

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted
Good luck with your day in court. Try to stay focused and strong and also remember to read the divorce decree entirely and request changes as you see fit.

I wish you all the best.

Thank you so much, any info would be great.

The lawyer wants to change the length of time that the two of you were together so that the ex can receive spousal support for 1/2 the time that you were together.

The lawyer will then put a claim against the money and your ex will receive nothing and the lawyer will be the only one to receive something... otherwise he is working pro-bono :blink:

Si me dieran a elegir una vez más_____ Nos casamos: el 01 de Julio 2008

te elegiría sin pensarlo _______________ Una cita con una abogada para validar la info de VJ: el 24 de Agosto, 2008 (Ya ella me cree)

es que no hay nada que pensar_______ El envio del I-130: el 26 de Agosto 2008

que no existe ni motivo ni razón ______ Entregado a las 14:13 PM en el 26 de Agosto, 2008 en CHICAGO, IL. Firmado por V BUSTAMANTE.

para dudarlo ni un segundo ___________ La 1ra Notificación de Acción (NOA1): el 29 de Agosto 2008

porque tú has sido lo mejor ___________ El cheque al USCIS cobró: el 2 de Septiembre, 2008

que todo este corazón ________________ Un toque el 19 de septiembre, 2008

y que entre el cielo y tú

yo me quedo contigo

-Franco deVita

hellonew Enthusiast

hellonew   0

Posted
Filed: Timeline
  • Author
Posted
Good luck with your day in court. Try to stay focused and strong and also remember to read the divorce decree entirely and request changes as you see fit.

I wish you all the best.

Thank you so much, any info would be great.

The lawyer wants to change the length of time that the two of you were together so that the ex can receive spousal support for 1/2 the time that you were together.

The lawyer will then put a claim against the money and your ex will receive nothing and the lawyer will be the only one to receive something... otherwise he is working pro-bono :blink:

Yea, but the total marriage was 2 months, there in money involved, it's her immigration lawyer is pushing for the increase in time, also another important fact is that she has NO green card what so ever, also, after a I485 denial, she cant adjust status any other way othen then VAWA right?

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted
Good luck with your day in court. Try to stay focused and strong and also remember to read the divorce decree entirely and request changes as you see fit.

I wish you all the best.

Thank you so much, any info would be great.

The lawyer wants to change the length of time that the two of you were together so that the ex can receive spousal support for 1/2 the time that you were together.

The lawyer will then put a claim against the money and your ex will receive nothing and the lawyer will be the only one to receive something... otherwise he is working pro-bono :blink:

Yea, but the total marriage was 2 months, there in money involved, it's her immigration lawyer is pushing for the increase in time, also another important fact is that she has NO green card what so ever, also, after a I485 denial, she cant adjust status any other way othen then VAWA right?

I really doubt she would be successful in filing for the VAWA - if that was the case, why didn't she file for that first? It would appear to me, if I was the IJ, that she failed on the first 485, so now is making up a VAWA claim to stay.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

hellonew Enthusiast

hellonew   0

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Filed: Timeline
  • Author
Posted (edited)
Good luck with your day in court. Try to stay focused and strong and also remember to read the divorce decree entirely and request changes as you see fit.

I wish you all the best.

Thank you so much, any info would be great.

The lawyer wants to change the length of time that the two of you were together so that the ex can receive spousal support for 1/2 the time that you were together.

The lawyer will then put a claim against the money and your ex will receive nothing and the lawyer will be the only one to receive something... otherwise he is working pro-bono :blink:

Yea, but the total marriage was 2 months, there in money involved, it's her immigration lawyer is pushing for the increase in time, also another important fact is that she has NO green card what so ever, also, after a I485 denial, she cant adjust status any other way othen then VAWA right?

I really doubt she would be successful in filing for the VAWA - if that was the case, why didn't she file for that first? It would appear to me, if I was the IJ, that she failed on the first 485, so now is making up a VAWA claim to stay.

I thhink that is true, but how can she prove it when i never abused her in any way be it emotionaly, physically or mentally? How do i protect myself. Doesnt she need medical records/police records/photos of abuse for evidence??

Edited by hellonew
Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

Go to the USCIS and do a search on VAWA - that will answer your questions.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

hellonew Enthusiast

hellonew   0

Posted
Filed: Timeline
  • Author
Posted
Just be careful and don't fall for any stories and lies from her and her lawyers. Do not have any contact with her. You never know what level people will stoop down to in desperation. All the best!

I havent seen or spoken to her for the last 6 months...thanks everyone for the advice. I doubt she'll try the VAWA route, since we never lived together. Ill keep u guys posted

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted
Just be careful and don't fall for any stories and lies from her and her lawyers. Do not have any contact with her. You never know what level people will stoop down to in desperation. All the best!

I havent seen or spoken to her for the last 6 months...thanks everyone for the advice. I doubt she'll try the VAWA route, since we never lived together. Ill keep u guys posted

You don't have to live together to file VAWA - as long as the abuse happened in the US (not withstanding marriage to a service member/government person) - that is enough.

I have heard of cases where the person is abused as soon as they walk of the plane, and go straight to the police.... (can't confirm that though)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

hellonew Enthusiast

hellonew   0

Posted
Filed: Timeline
  • Author
Posted
Just be careful and don't fall for any stories and lies from her and her lawyers. Do not have any contact with her. You never know what level people will stoop down to in desperation. All the best!

I havent seen or spoken to her for the last 6 months...thanks everyone for the advice. I doubt she'll try the VAWA route, since we never lived together. Ill keep u guys posted

You don't have to live together to file VAWA - as long as the abuse happened in the US (not withstanding marriage to a service member/government person) - that is enough.

I have heard of cases where the person is abused as soon as they walk of the plane, and go straight to the police.... (can't confirm that though)

WOW!! That is crazy, and do people get approved when they claim abuse without evidence. Im sure there are people who are abused and should be taken seriously, but without evidence?? That is crazy

DanielParul Proficient

DanielParul   50

Posted
Filed: Timeline
Posted
Not saying she would but her lawyers trying to falsify the divorce papers looks like they are trying to come up with something. Could be just monetary gains, could be as serious as trying for VAWA. Unfortunately, fraud does happen and they get approved too. Don't worry about whether she stays here or not, as long as you are off the hook, just thank your stars and move on. You were one of the lucky few who manage to get out without much harm.
hellonew Enthusiast

hellonew   0

Posted
Filed: Timeline
  • Author
Posted
Not saying she would but her lawyers trying to falsify the divorce papers looks like they are trying to come up with something. Could be just monetary gains, could be as serious as trying for VAWA. Unfortunately, fraud does happen and they get approved too. Don't worry about whether she stays here or not, as long as you are off the hook, just thank your stars and move on. You were one of the lucky few who manage to get out without much harm.

Exactly, theres a saying my Dad always tells me, "Life is a school, u never stop learning"

  • 1 month later...
hellonew Enthusiast

hellonew   0

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Filed: Timeline
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Posted

So today my divorce was finalised in the court. Im finally finished with this nightmare. The judge agreed with my ex that i cant put the date of seperation. So i still dont understand how she will adjust her status. The final decree dosent state when we seperated. Im just glad im finished, but i just want to make one thing clear. Her case was denied early june when i withdrew my I864, so that means im no longer responsible for her right? there was no greencard or interview granted.

TBoneTX Grand Master

TBoneTX   45,486

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Congratulations at getting this weight off your back, si man.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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