divorcing after 6 mos,what to do?

[rlogan 2,036]

The only thing I admitted was that no one outright came out and said that his/her foreign spouse is merchandise. But hrmm...'put her on a plane home'...what does that mean to you? Come on now, you're being intentionally obtuse and argumentative for no reason. End of.

You asked, and I'll answer.

I've been a pilot for 25 years. I've put more people on the plane than you can shake a stick at. Here is an ABC News headline with an elderly woman put on the wrong plane:

http://abcnews.go.com/video/playerIndex?id=6292626

A Huffington Post Headline about putting kids on the wrong plane (putting people on the right plane doesn't make news):

http://www.huffingtonpost.com/2010/06/11/delta-puts-kids-on-wrong-_n_608687.html

We put merchandise on planes too. Nobody here but you insists ABC News, the Huffington Post, me, all of the airline employees and people who fly regularly, etc. think people are merchandise because they use this extremely common terminology.

This kind of thing is very relevant to this and every other thread on this page where common expressions are seized upon by someone with an agenda to put other people down.

This is a perpetual problem on this page (people with this kind of agenda) because when the law says an immigrant must go home, they have to be put on a plane.

You are the one who made such a big deal about it, diverted attention to it, and here start shouting and insulting people for objecting:

The only other thing I brought up was Happy Knappy's crappy advice....lip service isn't going to do a damn thing. This man needs PROOF of some sort if he's going to want to prove fraud.

So you can take your buzzwords like 'fallacy' and 'strawman' and your little fan club of misinformation givers and do what you will, because having a pizzing contest with you in someone's thread where his marriage is falling apart is wrong. You may not personally like me, or hell, you may just have a problem with women, who knows. So let's boil it down to the facts, and by all means...correct any misinformation I have given:

I said he needs proof of fraud instead of just allegations - TRUE AND RELEVANT

I said it's not as simple as 'putting her on a plane' - TRUE AND RELEVANT

I said that the i-1864 is not that easy to just 'take back' - TRUE AND RELEVANT.

Have a little more respect for the OP by not having a pizzing contest in his thread where he's tackling some REAL problems, yeah?

VJ sheesh.

You are the one who has been disrespectful to the OP and others here by needlessly injecting combative, insulting posts into this thread. By the way, attacking people like the above (e.g. having a problem with women) is called "argumentum ad Hominem" - an attack on the person, as opposed to their argument - which is also a logical fallacy.

Yelling is also not an argument either (all caps). So please refrain in the future from coming onto these threads and attacking people the way you have for common expressions and legitimate means of discussion.

[HappyKnappy 30]

*sigh*

Yes, what I said was in response to a 'send her back/put her on a plane' comment, sadly I thought that people would be able to discern the context of what I said. Did I really have to be more specific that I didn't mean every single VJer in every scenario? Really? You can't tell the context?????

Again, I'm only responding to this and refraining from commenting on the rest in this man's thread. Start a separate one to have a back n forth with me, should you so choose.

Here's some more crappy advice, Kenny: Do NOT create a thread, someone wants attention badly! There's other ways to engage people, like being nice perhaps?

Happy Bunny, based on others' opinion, including Darnell's post, something will happen. We were right, you fail... One more question, how can you read a forum before it's created? I am curious

[KansasJayhawk 1]

There is fraud involved, but anyway, it would take a small IQ to take my statement as a promise, instead of wishful thinking. I am not the authority in charge of these things, but I am sure the OP found it helpful to give ICE a call.

The affidavit of support is serious business, and there's no way in hell it comes with a "you make your bed, and now you lay in it" clause, even less so when the USC was duped.

As a victim of fraud, reporting it, then seeing the eventual result I must correct incorrect statements on fraud/affidavat of support and fraud/etc.

The affidavat of support is rendered VOID for fraud. How do I know? I was told that by the investigator personally to never worry about it, also not to worry about updating my address either for that matter.

The affidavat of support is about as enforcable as a contract written on tiolet paper that has been used. A lot of misunderstanding here on this issue.

Firstly, if an immigrant becomes a "public charge" she becomes possibly deportable per the federal code of regulations(see federal code). Secondly, this isn't like an alimony payment here, if she does recieve welfare, yes welfare of other means of public assistance(no food stamps don't count) the government may seek to come after you in the form of increased tax payments..the government may come for it, not the immigrant scammer.

so knowing the law, knowing the history, and knowing that fraud voids the affidavat you should not sweat bullets over that issue.

if you would like the specific code/section of the law that I mentioned, please feel free to email me.

There is fraud involved, but anyway, it would take a small IQ to take my statement as a promise, instead of wishful thinking. I am not the authority in charge of these things, but I am sure the OP found it helpful to give ICE a call.

The affidavit of support is serious business, and there's no way in hell it comes with a "you make your bed, and now you lay in it" clause, even less so when the USC was duped.

As a victim of fraud, reporting it, then seeing the eventual result I must correct incorrect statements on fraud/affidavat of support and fraud/etc.

The affidavat of support is rendered VOID for fraud. How do I know? I was told that by the investigator personally to never worry about it, also not to worry about updating my address either for that matter.

The affidavat of support is about as enforcable as a contract written on tiolet paper that has been used. A lot of misunderstanding here on this issue.

Firstly, if an immigrant becomes a "public charge" she becomes possibly deportable per the federal code of regulations(see federal code). Secondly, this isn't like an alimony payment here, if she does recieve welfare, yes welfare of other means of public assistance(no food stamps don't count) the government may seek to come after you in the form of increased tax payments..the government may come for it, not the immigrant scammer.

so knowing the law, knowing the history, and knowing that fraud voids the affidavat you should not sweat bullets over that issue.

if you would like the specific code/section of the law that I mentioned, please feel free to email me.

[Kathryn41 3,205]

Rather late to this game but this information is also of use to the OP. It is from the Federal Register addressing conditional residency for spouses:

http://www.uscis.gov...190aRCRD&CH=afm

excerpted from: Sec. 216. [8 U.S.C. 1186a]

b) Termination of Status if Finding that Qualifying Marriage Improper.-

(1) In general.-In the case of an alien with permanent resident status on a conditional basis under subsection (a), if the Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that-

(A) the qualifying marriage-

(i) was entered into for the purpose of procuring an alien's admission as an immigrant, or

(ii) has been judicially annulled or terminated, other than through the death of a spouse; or

(B) a fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) or 1/ subsection (d) or (p) of section 214 with respect to the alien; the Attorney General shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination.

(2) Hearing in removal proceeding.-Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met.

You should read over the whole section because it discusses the Conditional status and the various ways to remove condition, but basically, the above states that the conditional status (green card) is terminated with either a finding of fraud or when the Attorney General discovers that the marriage has been ended through divorce or annulment. The foreign spouse does have the right to file for a waiver of the joint filing condition to remove conditions once they are divorced, but basically their green card status is terminated upon divorce. So, the priority is to proceed with the divorce and notify USCIS of both the divorce and the fraudulent intent of the foreign spouse. Make sure you provide them with a copy of the divorce document and any evidence you have that shows the fraud, so that even if she requests a hearing, the evidence will not support her claim.

Edited August 29, 2010 by Kathryn41

[Darnell 8,478]

mike&andi - hey ! any news? Hope all is well !

[wheelhouse 0]

lol dude dont let it go that way stay in your house )

HI this is Mike. for somereason I can't get back on with the same log in.

She had me arrested of course but I did manage to get her out of my house so I have that back.

I made a report and then 2 days latter they came and got me not her, if you can belive that.

She knows all about the I-864 and how it works. I could be screwed for the rest of my life.

Can't sleep,went from 170lb to 153lb. I wish that I had understood the form better and exacly what it tied me to.

Thanks for any info

Mike

[Laveau 67]

HI this is Mike. for somereason I can't get back on with the same log in.

She had me arrested of course but I did manage to get her out of my house so I have that back.

I made a report and then 2 days latter they came and got me not her, if you can belive that.

She knows all about the I-864 and how it works. I could be screwed for the rest of my life.

Can't sleep,went from 170lb to 153lb. I wish that I had understood the form better and exacly what it tied me to.

Thanks for any info

Mike

Why did she have you arrested?

[wheelhouse 0]

Why did she have you arrested?

I had to go and pick her up from a bar. She had gone out with a girl friend while I had taken her son fishing for the day.

I was called to come get her because she was very drunk. .26 BAL. Long story ,She had run into the neighbors house that was trying to help and

made a disturbance there and would not leave.,,he then called the police.

She then came over to our house and started throughing chairs and anything else she could get her hands on.

She she had scratched me all over my chest and face. The police were called by a neighbor. I was holding her down on the floor

when they got there. They took her to the hospital. I filed a complant the next day and 2 days latter they came and got me.

All I did was hold her down. Never hit her. I was the one with blood all over. Short version of a longer story.

[Tahoma 2,292]

Bob 4 Anna...

...make physical separation ASAP and never be alone with her again as her only other option to Adjust Status (get the Grencard) would be to file Spousal Abuse Charges against you and go for VAWA.

Bobby+Umit...

She can claim VAWA - so take steps to protect yourself.

mike&andi...

I will take the action that needs to be .

Casprd...

If you own the residence, then change all of the locks

1HappyGuy...

...contact a divorce attorney and hopefully one that is familiar with immigration and the Violence Against Women Act (VAWA).

...get someone else to move into the place to corroborate that you have not been abusing her.

Do these things now, don't wait.

mike&andi...

...going to see ICE tomorrow.

Bob 4 Anna...

...get her out of your house & file the divorce.

Indian Friend...

...contact USCIS/ICE, divorce her...Avoid VAWA of course.

Darnell...

...submit a case to the Fraud Prevention Unit with USCIS and (emphasis on AND) ICE.

...you should remove yourself from the shared residence, as she could try to generate false evidence on you for a future VAWA case for the removal of conditions.

Darnell...

mike&andi - hey ! any news?

wheelhouse...

HI this is Mike. for somereason I can't get back on with the same log in.

She had me arrested

Shal...

Why did she have you arrested?

wheelhouse...

I had to go and pick her up from a bar.

The police were called by a neighbor.

I was holding her down on the floor when they got there.

Mike...

You knew she was only after a green card.

You knew she made a mistake when she thought she could get a green card at this point in the process.

You were warned about VAWA.

What were you thinking?

[rika60607 215]

Mike,

you need to act, that will get you sleeping better!

IS she out of your house? Do you understand that you are to never be in the same room with her alone?

Get her out of your life, file for divorce and do not worry about the rest. She is not entitled to any means tested benefits until she has been a resident for 5 years. That is a long time, and a lot can change (including her being unable to remove conditions and having to leave or her becoming a USC).

Do not panic!

[wheelhouse 0]

Mike,

you need to act, that will get you sleeping better!

IS she out of your house? Do you understand that you are to never be in the same room with her alone?

Get her out of your life, file for divorce and do not worry about the rest. She is not entitled to any means tested benefits until she has been a resident for 5 years. That is a long time, and a lot can change (including her being unable to remove conditions and having to leave or her becoming a USC).

Do not panic!

Yes, she is out of the house. She is living with a girl friend in the same neighborhood. am trying to not be alone with her but she just barges inside the house

It seams like the only way to avoid her is to leave town and that is what I am going to do tomorrow. I will stay away as long as I can.

I didn't know about the 5 year thing. That makes me feel some better. It is hard not to panic but I will do my best.

We all need to understand that the I-864 is for life!No matter what.

Mike

[Tahoma 2,292]

...she just barges inside the house

Is there some reason why you simply don't change the locks?

We all need to understand that the I-864 is for life!No matter what.

Ummm...no it isn't. The I-864 doesn't even apply in fraud cases.

[wheelhouse 0]

The locks are not the problem. The problem is that I am stupid enough to open the door, that is when she just comes in.Even if I shut the door and stand outside.

I guess that I could lock it behind me as I go out.

It seams to me that it is hard to prove FRAUD. We had dated for too long. We did not live together. Until you live with someone it is hard to know them.If anyone can give me some ideas

about how to prove the fraud, I could use it.

I will not be opening the door any more.

Mike

[Tahoma 2,292]

The problem is that I am stupid...

Why do you continue to give her more VAWA opportunities? How difficult is this to understand: don't answer your door; don't see her; don't talk to her; let your divorce attorney handle everything.

If anyone can give me some ideas about how to prove the fraud, I could use it.

What did ICE say when you reported her on August 25?

[DaveTX 2]

I'm not sure the I-864 is that much to worry about. It's an agreement between you and the US government, not between you and her. It only allows the feds to try to seek reimbursement from you if she manages to stick around long enough (5 yrs) to qualify for and get means-tested benefits.

I don't recall anyone on here ever saying the government actually tried to claim it though.