Domestic violence

[Anyta Holland 1]

Hi,

somebody I know went to the US last year with a tourist visa and got married there whilst still as a tourist.

Now, she has divorced or separated her husband (not quite sure) allegedly for domestic violence. She then started filing under the domestic violence law, or something like that, not familiar with it, so am not sure how to refer to it.

Her petition was approved and she is now in the process of applying for her GC.

Does anyone know what process will she have to follow? I mean, does she have to go for an interview? and what kind of interview will this be? Will she be asked if she committed fraud or will they take into account that she entered on tourist visa and got married?

She says that she has practically got the GC and I can't help but thinking that that was her plan all along... I feel horrible for thinking like that, but these days seems that anyone would do anything for a GC...

Can anyone tell me?

[Boiler 45,525]

Happens all the time, VAWA is the law.

There have been plenty of posts on this site.

She is probably quite correct in her assumption. If she plays the system right she is home and dry.

[meauxna 15]

Does anyone know what process will she have to follow?

VJ User Shona is going through that process; her posts might explain more...

USCIS.gov has some good FAQs about it too.

[Addie_Goodvibes 0]

She is protected under the VAWA Violence Against Women Act.

See links below

How Do I Apply for Immigration Benefits as a Battered Spouse

Vilence Against Women Act

[Anyta Holland 1]

Thanks guys, quite useful!

Meauxna as usual! Very helpful indeed!

Now, I've been reading on the links given before, and it talks about battered partners, is this the only way this law will apply? The reason why I have always doubted that she would classify under a domestic violence victim was because every time I asked what were her reasons to say that she'd say that he wouldn't let her out od the house unless with him or talk to anyone on the neighborhood, then she also said that the place was not safe, so I could probably understand why he wouldn't want her to go alone.... This lady has been my mom's neighbor for donkeys years, and I asked my mom what she thought and she agrees that it smells a bit fishy....

I don't have an issue with her having planning this and all that, but don't agree with it, and find her arrongance in saying that she has practically got the GC a bit unbearable!

Edited August 15, 2006 by Anyta Holland

[Boiler 45,525]

You are going to have to live with it, does not have to be physical abuse.

As long as she play the game she should succeed.

[Anyta Holland 1]

Yeah, I suppose, it just makes me feel a bit frustrated to see how difficult it is for some people, and then there comes somebody who knows how to do it, and gets it just like that.... Sad...

[meauxna 15]

Yeah, I suppose, it just makes me feel a bit frustrated to see how difficult it is for some people, and then there comes somebody who knows how to do it, and gets it just like that.... Sad...

Aww, Anyta, just think of it this way: it's a LOT of work to tell lies and keep it up. If she is scamming, I'm sure it's not as easy as it looks from the outside. Plus she has to live with herself.

[Lovetoteach 53]

I'm still waiting for a decision on my petition, it's been 10 months(including the delay with immigration court. For me it hasn't been easy at all and i'm still not in aposition to apply for any green card.

Strangley, and I've been looking for this for over a year now, my ex wrote a letter stating that he had abused me mentally . It was hidden at the back of my chest of drawers. I could done with that when filing my I360 -oh well

[M. 0]

In many states, for a temp. restraining order (TRO) to become final (FRO) a Domestic Violence Trial would have to be held. Her spouse will be notified by the superior court in their area if this is the case.

Many TROs get dismissed (essentially erased from record) for lack of evidence, as TROs are usually liberally handed out to protect woman in a situation where there is / could be immediate danger. If the FRO is thrown out, I am *not at all sure* that it could be applied to the VAWA.

However, I am not an immigration attorney and that's really who'd have the answer to whether a dismissed (and therefore, no longer legal/viable) TRO would be applicable for VAWA.

Most important thing for your friend: get a lawyer and show up to ANY AND ALL COURT DATES.

(Seriously, you'd all be surprised at how many defs don't show up to court dates, avoid Sheriff's officers trying to serve them with papers for court, or just rip up court appearance notices, and then all come in with the same story about how it's JUST NOT FAIR that they have a FRO against them.)

[Boiler 45,525]

A TRO/FRO is not required for VAWA. There are no specific requirements, obviously helps if you have one.

[dmartmar 1]

She says she practically has the GC in her hands and I can't help, but think that it was her plan all along. I feel horrible for thinking like that, but these days, it seems as if anyone would do anything for a GC.

She's a fraudster and yes, it was her plan all along.

Immigrant gets married, then separates from her USC spouse in less than a year, citing "domestic violence" as the reason for separating, which is an easy way out of a marriage and get a GC through not the use, but abuse of the VAW Act.

I should know. My immigrant ex-wife also played the same card. In the end though, I beat her at her own game and had the 'CIS send her back to Argentina, empty handed (w/o a GC). Only four months into our marriage and exactly a week after I had filed her AOS paperwork, she abandoned me, then filed false domestic violence charges against me through the use of a rest. order.

So, I made the same move she made, only that my rest. order was actually backed up by two police reports I had against her, while hers had nothing. So, she negotiated dropping her charges if I did the same.

The end.

[Anastassia 0]

lol dmartman I knew you would say something here. If I met your ex-wife I would give her hell personally because she hurt you a lot.