DCF and abuse history

[Darnell 8,479]

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?

Oh - some other food for thought -

On the I-130, is a spot where you list prior 'sponsered people' where you were the petitioner - so that will 'cover' the prior spouses.

My point, really, is to cover 'each marriage/divorce' in a letter of attestation , as two prior 'sponsered people' will be considered a 'red flag'. Ultimately, if you signed any I-864 on the two prior women, they will still be counted (for some time) when you are filling out the I-864 - you are required to list them based on certain rules, as well.

'Covering a red flag issue' in a 'letter of attestation' is a good thing, always, and must be submitted with the I-130 petition.

I dunno, to 'not make letters of attestation' on these 2 other women, might raise some alarm when USCIS does the namechecks (see http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html for some exhaustive listings on the namechecks) as these 2 prior women WILL come up, with you as the petitioner/sponser.

The 'general guideline' is - if you have known red flag issues (known to you) then you should cover them in a letter of attestation, submitted to USCIS with the initial I-130 submission. If USCIS approves the petition, then the Embassy can't deny the VISA, as the petition was approved with USCIS KNOWING about the red flag issues during the approval process.

Now, I'm not saying, exactly, that you should or should not cover any VAWA issues in the letters of attestation; but do cover the 'prior sponsered women, prior petitioned women' with a brief history of courting/marriage/divorce dates.

Edited September 21, 2010 by Darnell

[LotofPatience 65]

It is definitely a 'red flag' to bring many alien beneficiaries under the similar visa category within the short period of time and lived together only short period of time.

Only way to overcome this is the petitioner has to prove that the marriage was in 'good faith', but ended it unfortunately in a believable manner with extensive evidence. Just a listing of prior marriages are not sufficient. The good faith has to be proved. Otherwise, it can be treated as evading immigration law.

That's why, since it is little complex, consult with an attorney and discuss and draft the letters accordingly.

Loto

[Darnell 8,479]

It is definitely a 'red flag' to bring many alien beneficiaries under the similar visa category within the short period of time and lived together only short period of time.

Only way to overcome this is the petitioner has to prove that the marriage was in 'good faith', but ended it unfortunately in a believable manner with extensive evidence. Just a listing of prior marriages are not sufficient. The good faith has to be proved. Otherwise, it can be treated as evading immigration law.

That's why, since it is little complex, consult with an attorney and discuss and draft the letters accordingly.

Loto

Ya, but the thing is - this is a different visa category. That's a plus in his favor, from the 'counting guidelines'.

[LotofPatience 65]

Ya, but the thing is - this is a different visa category. That's a plus in his favor, from the 'counting guidelines'.

The similar category I meant is bringing wife or finance(e). One failure with a husband/wife would be ok, but 2 or more failures will definitely a questionable thing and it has to be proved that it was 'good faith marriage'.

Even the reason for CR1 category creation is to prove that the couple has lived in 'good faith' for at least 2 years and remove the condition together at the end of 2 years. Otherwise they could have used only IR1 category for a married couple.

Here in OP's case one incident was in 2000 and the second in 2005. Five year span between these 3 cases which is reasonably lengthy time. But the divorce/separation happened in both cases in less than 2 years time. That's why second wife had to file I-360 based on VAWA act to remove her GC condition alone. First wife's GC is still unknown. This 'short period' of living together in both cases has to be clearly convinced that both were in 'good faith'.

Loto

Edited September 21, 2010 by LotOfPatience

[Mr. GreenJeans 0]

Hi Darnell and Loto,

Just to expand on some things. I met wife 1 in 1998 and she was here on a finance visa sponsored by another man and he didnt want to marry her. I have no association with this man. I lived with wife 1 for 1.5 years had a child with her. I sponsored wife 2 as a finance. We lived together for 3,5 years and finally divorced last year. I was unable to find her for several years. I was have never been convicted of anything. I am thinking of consulting a lawyer. the only problem is to find a lawyer that is worth half of his fees.

[LotofPatience 65]

Hi Darnell and Loto,

Just to expand on some things. I met wife 1 in 1998 and she was here on a finance visa sponsored by another man and he didnt want to marry her. I have no association with this man. I lived with wife 1 for 1.5 years had a child with her. I sponsored wife 2 as a finance. We lived together for 3,5 years and finally divorced last year. I was unable to find her for several years. I was have never been convicted of anything. I am thinking of consulting a lawyer. the only problem is to find a lawyer that is worth half of his fees.

Mr. GreenJeans,

Yes, you should talk to the lawyer. Start collecting all the documents since the beginning to prove the good faith relationship. You will not be denied under criminal base since there is no conviction. Arrest, restraining or protective orders are fine as long as the court does not find you as guilty.

It looks like your first wife's case is also slightly complicated. The person who sponsors a fiancee is supposed to marry her within 90 days under K1 visa. Another person cannot marry her. If the second person wants to marry her, she had to abandon K1 visa, leave the U.S and come back in another K1 fiancee or spouse visa. Did you marry her in an entirely new K1 visa sponsored by you?

Loto

Edited September 21, 2010 by LotOfPatience

[Darnell 8,479]

hey Mr. GreenJeans - suggest you touch base with Marc Ellis, pay for a few hours of consult - google 'Marc Ellis Immigration' for his website.

[LotofPatience 65]

Mr. GreenJeans,

If you need few other references, here are some of the best in the country. They might charge slightly higher, but worth it. I know one of them charges $600 per hour or so.

Sheela Murthy

Rajiv Khanna

Carl Shusterman

Loto

[Mr. GreenJeans 0]

Thanks for the replies and references. My history is complicated and I might spend some money on a consult. I have really had enough of lawyers by now. I have yet to find a lawyer worth his fees. High fees doesn't equal the best representation. The basic question that needs to be answered is, on what basis can I be denied? I have yet to find anything to disqualify me from receiving the immigration benefit. My history is unsavory and I will be scrutinized. I am seriously considering to do file the petition and see what happens. Then get counsel if there is a problem.

[Rob and Jill 82]

I am seriously considering to do file the petition and see what happens. Then get counsel if there is a problem.

Then go for it. No one here is saying you're going to be denied. We're all just saying it's going to be a rough road because of the history with two prior wives and especially since from what you wrote it looks like your first wife didn't follow immigration procedures.

[Darnell 8,479]

Ya, I think if you cover the red flags adequately , include stuff in the I-130 submittal, you'll be OK.

But hey - view it this way, yah?

If you were 'filing for divorce' on 'no fault' - you could do all the divorce paperwork yerself, without any lawyer involvement - but - you'd have to follow the guidelines and TEMPLATES from that divorce court, yes? Usually, those templates can either be purchased or the law librarian at the law library can give you paper copies of the templates that are used there. It's the same templates that an attorney's office would use.

Same concept on 'covering the red flags' for yer petition - you need to WRITE something, in a format that is 'similar' to other letters of attestation that were submitted to cover red flags , submitted with an I-130 petition. It's not that there's a standard format for this, but you really should twig to the concept that yer gonna be writing stuff, in some format that's easily understood by any USCIS official in Kiev.