It was a Trap

[Luiz&Isabela 0]

I had going through something that I don't wish anybody here had to go thought.

I dated my present wife for about 2 years (I was here and she was in Brazil), going to see her almost every month for a weekend. Everything were fine, we decided to get married, I applied to K1 visa, everything went right, and on February 2006 she came here with her daughter (6 year old).

Two weeks after that we got married and everything were fine. On May she decided to send her daughter back to Brazil, she told me that her daughter wasn't adapting here, she was missing her dad, and she (my wife) could concentrate on find a job without worry about where to live her daughter. That was a temporary situation, and her plans were to bring her daughter back at the end of the year. I didn't like the idea, but I had to take her daughter back to Brazil.

After that, my wife changed completely, started going out with other girl friends hers, until on May 20 (Saturday) she stayed all night out (come back home 5:00 am). That was it for me, at that same morning I asked her to pack her stuff and live my house, and that our marriage was over and I would put a stop to the green card process. She became very upset and started to push me, pushing me against the coffee table, where I felled over and I broke the table. I got up and pushed her back telling her to stop that.

After that she told me that she wasn't living home, and I decided to go to the local police.

I explain the situation to a police officer that we had an argument, we pushed each other, and I didn't want this nonsense to go forward. The police officer noted the scratch that I had on my hand (result from my fall over the coffee table) and told me to make a complain of "domestic violence" against her, and she would go to jail.

I didn't have the heart to do that, and I told the P.O. that I would try to resolve the situation using other ways, and I left the police department.

Back home I told her that I had a conversation with the police, and then she decided to live, but that she need more time to find a place to stay.

At that day she left (at the middle of the morning), taking all of her personal belongs.

At 7:00 pm somebody knocks the front door, and when I open the door, I got arrested by the local police. She had made a complain (domestic violence) against me, with a restraining order to. After two hours I got of the jail (paying $500 bail), but I couldn't go back home, and I had 15 minutes to pick up my stuff from home.

After couple weeks we had our first court date (for the restraining order), and she told the judge her side of what happened at the day (I don't want to give much detail on that, but making a long history short, she lied about me being violent with her, the police couldn't find any marks on her).

To the judge was very clear that she was making the history up and dismisses the case against me.

My lawyer told me that she was trying to use the "domestic violence" against me to keep the green card, but she could succeed, because she didn’t have the green card approved as yet (she jump the gun).

I am requesting the annulment of our marriage, and I need to put a stop on the green card process.

DOS ANYBODY KNOW WHAT EXACTLY I HAVE TO DO TO STOP THE PROCESS?

[MrsWhizz 0]

I'm sorry, but I don't have any advice for you. I really just wanted to say I'm sorry you had to go through this!

[Kez/JWolf 6]

I am so sorry to hear that this has happened to you... I would make an onfopass appointment at your local office and talk to the immigration officer.... tell them what has happened and show them the paperwork from the court they should be able to help you try to sort this out....

Good Luck

Kezzie

[Not Available 0]

I am so sorry to hear that this has happened to you... I would make an onfopass appointment at your local office and talk to the immigration officer.... tell them what has happened and show them the paperwork from the court they should be able to help you try to sort this out....

Good Luck

Kezzie

Just to clarify, Kezzie meant Infopass, dont want to confuse you more

I'm sorry about your situation.

[Kez/JWolf 6]

Opps... sorry about the typo....

Kezzie

[Yodrak 7]

Luiz,

Have a consultation with an immigration attorney to review the specific facts of your situation and get some guidance on what options you might have and how you could best pursue them.

Then have a consultation with a divorce lawyer. Protecting your income and assets in divorce procedings will likely have more effect on you than your wife's immigration procedings.

Yodrak

I had going through something that I don't wish anybody here had to go thought.

...

DOS ANYBODY KNOW WHAT EXACTLY I HAVE TO DO TO STOP THE PROCESS?

Edited July 12, 2006 by Yodrak

[Peter Miami 0]

I agree with the other posters and write a letter and send it to all involve DHS, INS, local D.O., etc so that your case is documented. Good luck I wish you the very best. I hope that this will not happen to anyone else but of course it will.

Peter Miami

[Luiz&Isabela 0]

I am so sorry to hear that this has happened to you... I would make an onfopass appointment at your local office and talk to the immigration officer.... tell them what has happened and show them the paperwork from the court they should be able to help you try to sort this out....

Good Luck

Kezzie

I already did that, and they told me that I have to write a letter to the Chicago Office asking to withdraw the process.

[Heracles 417]

DOS ANYBODY KNOW WHAT EXACTLY I HAVE TO DO TO STOP THE PROCESS?

Write a letter to the USCIS office asap and advise them of cancelling / withdrawing the AOS, due to possible fraud on your wifes behalf..

Remember to include info such as your case number..

If you know your local district office, I would write to them as well and also book and INFOPASS appointment, if convenient..

[Kez/JWolf 6]

Then that is all that you need to do... make sure you keep copies of the letter you send...

Kezzie

[Luiz&Isabela 0]

Luiz,

Have a consultation with an immigration attorney to review the specific facts of your situation and get some guidance on what options you might have and how you could best pursue them.

Then have a consultation with a divorce lawyer. Protecting your income and assets in divorce procedings will likely have more effect on you than your wife's immigration procedings.

Yodrak

I had going through something that I don't wish anybody here had to go thought.

...

DOS ANYBODY KNOW WHAT EXACTLY I HAVE TO DO TO STOP THE PROCESS?

I have a lawyer on my divorce (it isn't exactly a divorce, but an annulment), because our marriage is only three months, the marriage can be canceled and she has no rights to my assets.

About a lawyer for the immigration, I already expended tons of money on criminal layer and the divorce lawyer, and I am trying to avoid another lawyer.

[LaL 418]

Luiz,

Have a consultation with an immigration attorney to review the specific facts of your situation and get some guidance on what options you might have and how you could best pursue them.

Then have a consultation with a divorce lawyer. Protecting your income and assets in divorce procedings will likely have more effect on you than your wife's immigration procedings.

Yodrak

I had going through something that I don't wish anybody here had to go thought.

...

DOS ANYBODY KNOW WHAT EXACTLY I HAVE TO DO TO STOP THE PROCESS?

I have a lawyer on my divorce (it isn't exactly a divorce, but an annulment), because our marriage is only three months, the marriage can be canceled and she has no rights to my assets.

About a lawyer for the immigration, I already expended tons of money on criminal layer and the divorce lawyer, and I am trying to avoid another lawyer.

you did have an Affidavit of Support though, right? This is why Yodrak is suggesting speaking with an Immigration Attny THEN a divorce lawyer.

Edited July 12, 2006 by lal_brandow

[BruceH 0]

Sorry to hear of your problem!!!!!

[rebeccajo 14]

Sounds to me like you probably should have kept your hands to yourself when your wife, who probably is at least 50 pounds lighter, several inches shorter and a whole lot less stronger than you, decided to push your helpless, pathetic self against the coffee table.

Sounds like she knew you were a hot-head and it wouldn't be hard to make a domestic violence charge stick.

I've been 'pushed' before. Wah. Sorry you don't get any sympathy from me.

[rob&ana 0]

There are some non-profit organizations that can provide you with some legal advice regarding the immigration part of your problem.

I am really sorry this happened, and I wish you good luck in the future...