Update: Final hearing

[ziia 9]

She was out of status as of March 15th, but continued to remain in the U.S. and work illegally until she self-petitioned under VAWA in May. She received a free divorce attorney as well as a free immigration attorney. It was actually better for her to falsely claim to be a battered spouse than it was to remain married, she received many more free benefits and services, and got work authorization and the GC way faster. VAWA is the way to go.

I didn't know someone who's marriage lasted 5 months, was out of status, therefore illegal and without a 2 year GC can adjust through VAWA. I thought VAWA can only be used to remove conditions, not to obtain the GC for the first time.

[rlogan 2,036]

It sounds like she is self-petitioning, which she is allowed to do, regardless of whether there was abuse. Just needs to show good faith entry into the marriage, right?

It may be that the claims of abuse are helping her with some aspects of her case without being a formal VAWA.

Happy to stand corrected.

[ziia 9]

It sounds like she is self-petitioning, which she is allowed to do, regardless of whether there was abuse. Just needs to show good faith entry into the marriage, right?

It may be that the claims of abuse are helping her with some aspects of her case without being a formal VAWA.

Happy to stand corrected.

This is the first time i hear that someone who didn't have a GC before, not even an interview, can self petition through VAWA. I'm surprised she could do that. I wonder how and what grounds? She was illegal so no status. How can she accomplish that?

Edited August 31, 2009 by ziia

[ziia 9]

Can VAWA be used to apply for the GC for the first time? I thought VAWA can only be used to remove conditions off of an existing GC. Merrill's wife didn't have a GC to begin with.

If VAWA can be used to obtain a GC for the first time, pls help me understand the grounds of that happening.

[Merrillizer 0]

I really don't know, I wish I could help lol. All I know is she said she self-petitioned back in May. I made a typo above, she was out of status and no longer "pending" as of March 25th, not March 15th. Either way, she remained in the U.S., even though she knew full well that I had reported her to ICE and gave them a copy of her marriage fraud contract, in hand. I do believe she was going to leave on or around April 19th, but the network of illegals here convinced her otherwise. Whether she is self-petitioning under VAWA or claiming extreme hardship, I have no idea. But ICE and USCIS in Vermont both have a copy of the contract she signed offering me $200 a month for 2 years to remain in a fraudulent marriage, so I have no idea what will happen in the end for her.

I found it comical at the Final Hearing, because her attorney kept objecting everytime I mentioned anything regarding immigration. She claims there is a law that prevents me from mentioning immigration related stuff in a local court during a divorce hearing. I then held up a stack of files containing numerous marriages involving immigrant spouses that were annulled on the basis of fraud. The judge of course made it clear to her that he would allow my testimony. I dont think she was very happy about that. I think the law she was trying to use pertained to self-petitioning, and the fact that my wife does not have to talk about or answer questions from me regarding her waiver status.

[Enlighten one :) 5]

I was in Bowdoinham, Maine on vacation, about 2 hours from our town.

And I STILL forgive her. I refuse to let her consume my mind, body and soul with hate. She can't beat me. I will never let her turn me in to the monster she became....

I am from southern Maine.

Merrillizer what you did took more courage, strength and wisdom then doing it the easy way with vengeance. She will never be happy or successful in America with the way she arrived here. Please trust in that.

I know it is mentally freeing when you take the high road.

[zqt3344 21]

Well we women of Ukraine do not scam like the women of Moldova do, look at what just happened to this man from USA that married this evil criminal from Moldovia and what she did to him! Horrible.

Moldova is full of scamming women, sorry, you got hustled.

Ohh please,they are everywhere..ukraine is one of the many country full of scamming women...so shut up ...

[Kathryn41 3,205]

Stop it with the cultural stereotyping - it is inaccurate and it is offensive.

Edited September 11, 2009 by Kathryn41

[zqt3344 21]

Ok but this poor man got treated so badly.

Stop it with the cultural stereotyping - it is inaccurate and it is offensive.

[Merrillizer 0]

Yeah, it doesnt really matter where you are from lol, anyone can scam. But I am sure there are more cases of marriage fraud from certain particular countries, I dont know the numbers, but numbers dont lie.

I finally received the divorce decree yesterday in the mail. The judge gave me what I wanted, and is making her pay half of the outstanding debts incurred during the marriage. And more importantly, her silly condition that I be "silenced" and ordered to stop talking about her, the marriage, or having photos of us together was completely denied. The judge stated that the court agrees with me and my statement that I reserve my right to freedom of speech. My wonderful immigrant wife and her bottomfeeder attorney actually made this request, to try and talk away my rights as a U.S. citizen. They tried to stifle me and rape me of my right to freedom of speech and expression.

Isnt it ironic that a foreign national, one that was actually illegal and out of status before self-petitioning, actually tried to have my constitutional rights taken away? lol

My wife really wanted them to deny me my rights, because she DOES NOT want people to know what she has done, and she does want me to talk about the marriage. But tough tittie (0)(0) If she didnt want her husband to talk about his marriage and all the red flags, she shouldnt have got married.

I have to go to court tomorrow morning to answer to the charge that I broke her restraining order by trying to talk to her through her bedroom window. Too bad I was even at the beach that night, and I have witness statements etc. But I will be filling out a motion to continue until another date so that I can properly be represented by a public defender and be properly defended against this false allegation. Because my immigrant wife effectively bankrupted me, I am unable to afford another attorney.

[JimVaPhuong 4,863]

She was out of status as of March 15th, but continued to remain in the U.S. and work illegally until she self-petitioned under VAWA in May. She received a free divorce attorney as well as a free immigration attorney. It was actually better for her to falsely claim to be a battered spouse than it was to remain married, she received many more free benefits and services, and got work authorization and the GC way faster. VAWA is the way to go.

I didn't know someone who's marriage lasted 5 months, was out of status, therefore illegal and without a 2 year GC can adjust through VAWA. I thought VAWA can only be used to remove conditions, not to obtain the GC for the first time.

VAWA was specifically designed to allow a victim of abuse to self-petition for adjustment of status, although it can also be used to self-petition to remove conditions:

http://www.uscis.gov/files/article/VAWAFactSheet042208.pdf

The Violence Against Women Act (VAWA) allows battered immigrants to petition for legal status in the United States without relying on abusive U.S. citizen or legal permanent resident spouses, parents or children to sponsor their Adjustment of Status (Form I-485) applications.

If the VAWA petition and AOS are approved, the immigrant will get an unconditional green card.

VAWA is sometimes used when a USC discovers their new spouse has been scamming them, and the USC refuses to sponsor their new spouse for AOS. However, VAWA cannot generally be used by a K1 visa holder before they marry their USC sponsor, since a K1 visa holder is technically a non-immigrant until they are married to the USC that sponsored them. If there's a lesson there, I suppose that it's better to discover your fiance/e is a fraud before you marry them.

[Merrillizer 0]

Plead Not Guilty this morning in court and applied for a public defender. I made the court aware of the facts and evidence in my case, which will show beyond a shadow of doubt the reasons for my wives vindictive behavior and the absolute reasons for her false allegations against me. I also made the court aware of my witnesses and their sworn written statements as to my whereabouts on the night in question.

I really have no idea how the local police prosecutor plans to prosecute me for something I did not do lol, especially without proof. The only piece of evidence they hold is a written statement from my ex-wife saying she "heard me outside her window". I think her false allegation might have held more substance if she said she actually saw me LMAO.

Now I will be watching the mail for an objection from my ex-wife to the courts order to pay me the money she owes me, and knowing her and her bottomfeeder attorney, they will object to the courts enial of her request to prevent me from talking about my marriage lol. She has 10 days to file her silly objections.

Freedom of speech will never die, for US to have OUR ancestors died. Don't keep thinkin' that I will quit...I'll always stand, and NEVER sit! Whooooooooooooooo

[justashooter 430]

i looked for the john lee hooker version of this, which blows the CCR version out of the water in terms of agony expressed at fascination unraveled and desperately clung to by a man without pride, but i couldn't find it on youtube, so this will have to do:

[justashooter 430]

maybe this one is more appropriate, anyway:

[Merrillizer 0]

I think this might be more appropriate lol.......

http://www.youtube.com/watch?v=LtPKa7MXLfA