DCF and abuse history

[Mr. GreenJeans 0]

Hi Everyone,

I am a US Citizen that works in Ukraine. My Ukranian girlfriend and I want to marry and in a few months my job will end and I will return the states. I have had 2 previous I-129F's and the marriages ended in my wives making false claims of abuse and gaining citizenship as abused spouses. All of this has happened about 10 years ago. I had the protection order overturned on appeal and I also received an expungment of my criminal records because I am innocent and I proved of the claims. My ex's recived their immigration benefits anyway. I dont know how USCIS could do such a thing. I was completely barred and the I-360 process although I did send in the results of the protective order appeal and my expungement.

Excuse me, I digress. Now I have found a very good woman and we want to marry. Will my previous history preclude me from succesfully immigrating my future wife via an I-360 petition?

Thanks in advance for any information

[LotofPatience 65]

Hi Everyone,

I am a US Citizen that works in Ukraine. My Ukranian girlfriend and I want to marry and in a few months my job will end and I will return the states. I have had 2 previous I-129F's and the marriages ended in my wives making false claims of abuse and gaining citizenship as abused spouses. All of this has happened about 10 years ago. I had the protection order overturned on appeal and I also received an expungment of my criminal records because I am innocent and I proved of the claims. My ex's recived their immigration benefits anyway. I dont know how USCIS could do such a thing. I was completely barred and the I-360 process although I did send in the results of the protective order appeal and my expungement.

Excuse me, I digress. Now I have found a very good woman and we want to marry. Will my previous history preclude me from succesfully immigrating my future wife via an I-360 petition?

Thanks in advance for any information

If you get married, you will file I-130 (Not I-360) with the U.S Consulate in Ukraine.

2 incidents means - 2 separate ex-fiancees with abusive history, one after another that was 10 years ago?

Loto

[Darnell 8,479]

IMO, the VAWA 'stuff' applies for 'yet another K-1', and not so much on the I-130/CR-1 pairing.

But hey - I'm actually stumped on what to tell ya, for 'going forth' - sorry.

[Mr. GreenJeans 0]

If you get married, you will file I-130 (Not I-360) with the U.S Consulate in Ukraine.

2 incidents means - 2 separate ex-fiancees with abusive history, one after another that was 10 years ago?

Loto

I understand that I will file the I-130 at the consulate. yes, 2 false claims of abuse one in 2000 and the other in 2005.

Can these incidents cause my I-130 to be denied?

[Darnell 8,479]

you have 'red flags'

that

should be presented, each one,

in

a letter of attestation,

each letter also having

the evidence you refer to.

Then, in the general cover letter, you'll request a waiver of any VAWA guidelines/regulations, citing the 'proven to be false' claims that are referenced in each letter of attestation. Attach all with the I-130, submit all with the I-130.

Will it work? NO IDEA - I do have some experience on how to document RED FLAGS, though.

(No experience in VAWA stuff, alas)

Edited September 20, 2010 by Darnell

[LotofPatience 65]

I understand that I will file the I-130 at the consulate. yes, 2 false claims of abuse one in 2000 and the other in 2005.

Can these incidents cause my I-130 to be denied?

Were you convicted (or was just arrest?) in those incidents in 2000 and 2005?

I understand you brought both in K1 visa and got married in the U.S. They had conditional GC. Then they (based on abusive matter) filed I-360 to remove their conditions or whatsoever, Correct? Please explain little more detail.

Loto

[Mr. GreenJeans 0]

IMO, the VAWA 'stuff' applies for 'yet another K-1', and not so much on the I-130/CR-1 pairing.

But hey - I'm actually stumped on what to tell ya, for 'going forth' - sorry.

I am for going forth also. I cant find regulation that would deny my petition. Obviously a finance visa is not an option. My risk is that if I my I-360 petition is denied, and I will be living and working in the States, Then I will have a wife that lives in Ukraine. WHat kind of marriage can I have then? The marriage would obviously end in divorce. I dont want that.

Excuse my typos it is really early here.

[Darnell 8,479]

You are, or you are not, filing any I-360 document?

---

Most ppl that want a CR-1 visa for their spouse file an I-130 petition.

[Mr. GreenJeans 0]

Were you convicted (or was just arrest?) in those incidents in 2000 and 2005?

I understand you brought both in K1 visa and got married in the U.S. They had conditional GC. Then they (based on abusive matter) filed I-360 to remove their conditions or whatsoever, Correct? Please explain little more detail.

Loto

Yes, brought both on K1. Not sure if wife 1 had GC. Wife 2 did have a GC. Wife 1 was the worst. I was not convicted, I had the protective order reversed by appeal, and have my record expunged of all charges. Actually, my criminal record is sealed. The pressure of the situation and constant litigation from wife 1 caused so much pressure and stress that wife 2 became weary of her immigration status and dissappeared. I assume that she self petitioned as an abused spouse because she knew all about the procedure from experiences with wife 1 while she lived with me.

what you think? can I be denied an I-130 petition?

You are, or you are not, filing any I-360 document?

---

Most ppl that want a CR-1 visa for their spouse file an I-130 petition.

I am filing an I-130. Excuse me it is early here.

[LotofPatience 65]

Yes, brought both on K1. Not sure if wife 1 had GC. Wife 2 did have a GC. Wife 1 was the worst. I was not convicted, I had the protective order reversed by appeal, and have my record expunged of all charges. Actually, my criminal record is sealed. The pressure of the situation and constant litigation from wife 1 caused so much pressure and stress that wife 2 became weary of her immigration status and dissappeared. I assume that she self petitioned as an abused spouse because she knew all about the procedure from experiences with wife 1 while she lived with me.

what you think? can I be denied an I-130 petition?

I am filing an I-130. Excuse me it is early here.

You are NOT convicted, which is very good.

There are some issues here:

1) Criminal background (you are not convicted is good)

2) Bringing foreign aliens - this is going to be third time

You should proceed through a good attorney so that they can submit proper documentation to all queries from the Consulate.

Yes, start with I-130.

Protective order is fine as long as NOT convicted.

Loto

Edited September 20, 2010 by LotOfPatience

[Darnell 8,479]

Review Post #5, let me know yer thoughts?

[Mr. GreenJeans 0]

I just had a thought. Should I make a FOIA request and see what info there might be on me? How long does an FOIA take?

[Mr. GreenJeans 0]

you have 'red flags'

that

should be presented, each one,

in

a letter of attestation,

each letter also having

the evidence you refer to.

Then, in the general cover letter, you'll request a waiver of any VAWA guidelines/regulations, citing the 'proven to be false' claims that are referenced in each letter of attestation. Attach all with the I-130, submit all with the I-130.

Will it work? NO IDEA - I do have some experience on how to document RED FLAGS, though.

(No experience in VAWA stuff, alas)

From what I have read in the VAWA act, there is no basis for denial. that is not to say that if USCIS wants to deny me they can find a way to deny me. I think that maybe I should make the petition and see what happens. Obviously, I wont receive an RFE because they wont know to ask. If I get a negative decision, maybe I can appeal and present my evidence. Do you know anything about the appeal process?

[LotofPatience 65]

I just had a thought. Should I make a FOIA request and see what info there might be on me? How long does an FOIA take?

You may pull FBI record, but it is not needed as long as you are sure that you are NOT convicted.

But it is a good idea if there are any adverse info sitting in your file that is incorrect. So, you have a chance to clean it up, if it is wrong.

Here is the link: http://www.fbi.gov/hq/cjisd/fprequest.htm You may get the record within 12 weeks.

Loto

Edited September 20, 2010 by LotOfPatience

[Rob and Jill 82]

An expungement completely clears your record of the crime to which you were charged. If there was no conviction, I don't see how there could be too much of an issue there.

However, since this would be your third foreign national wife, I would make sure you have TONS and TONS of evidence that you are in a bonafide relationship. I would front load the CR-1 with tons of photos and all evidence that you were not convicted of the crimes in the past. I would be prepared to answer questions about it at any interview and have your current fiance prepped and able to concisely answer questions about the other wives.