Fraud

[sweet mgeni 2]

Are there any steps taken to find out if the abuse claim is false? Like a lie detector test.

No there are no lie detector test. The only thing done is the special immigration expert do their own investigation and decide to to prove or not aprove. They will not even contact the husband(abuser) to ask his side of story. Its the wife(victim) burden to show prove that she was abused either mentally, physically or sexually. Just remember we have US citizen who really abuse illegal immigrants(spouses)after they bring them in US and they keep threatening them with deportation everyday. So they protect this kind of victims from harm and also give them legal status(greencard) without the assist of the US citizen.

[sweet mgeni 2]

Wow,I saw this blog somewhere in the internet and thought is worth to read:the web page ishttp://familyrights.us/news/archive/2009/march/Immigration_Marriage_VAWA_Fraud_101.html

Lastly, the VAWA unit of USCIS in Burlington, Vermont, issues a self petitioning foreign national who alleges abuse, a letter granting them "deferred action status" which means they cannot be deported or arrested by ICE. It's the mother of all "Get Out of Jail Free Cards".

At the same time the US citizen is sitting in jail or prohibited from going to his home because of a restraining order, the foreign national spouse cleans out the American citizen's bank account, takes his valuable possessions, and then has the audacity to claim that they, the foreign national, are the "victim".

Meanwhile, the American citizen is forced to hire attorneys to defend himself from the false criminal accusations, and to represent him in the divorce. He faces the bleak prospect of having to give 50% of his property to a con artist who has abused him, taken advantage of him, and has discarded him like yesterday's newspaper. And what is even more distressing is that the American citizen might have to pay her alimony or "spousal support", not to mention the very real possibility of being sentenced to jail or to prison for a crime he did not commit.

And if that wasn't enough, the foreign national "spouse" can go on welfare and the US Government, adding insult to injury, will send the American citizen the bill for this because he was so obliging by submitting an enforceable affidavit of support in connection with his foreign born spouse's immigrant visa application or application for adjustment of status. Isn't "love" grand?

Another "unintended consequence" of VAWA is that parties to pending divorce actions routinely falsely accuse the other party of domestic violence for no other reason than to gain an upper hand in negotiations regarding the "equitable distribution" of the marital assets, child custody, and child visitation orders and to prevent the other party from obtaining an equitable divorce settlement.

[wow 0]

Wow,I saw this blog somewhere in the internet and thought is worth to read:the web page ishttp://familyrights.us/news/archive/2009/march/Immigration_Marriage_VAWA_Fraud_101.html

Lastly, the VAWA unit of USCIS in Burlington, Vermont, issues a self petitioning foreign national who alleges abuse, a letter granting them "deferred action status" which means they cannot be deported or arrested by ICE. It's the mother of all "Get Out of Jail Free Cards".

At the same time the US citizen is sitting in jail or prohibited from going to his home because of a restraining order, the foreign national spouse cleans out the American citizen's bank account, takes his valuable possessions, and then has the audacity to claim that they, the foreign national, are the "victim".

Meanwhile, the American citizen is forced to hire attorneys to defend himself from the false criminal accusations, and to represent him in the divorce. He faces the bleak prospect of having to give 50% of his property to a con artist who has abused him, taken advantage of him, and has discarded him like yesterday's newspaper. And what is even more distressing is that the American citizen might have to pay her alimony or "spousal support", not to mention the very real possibility of being sentenced to jail or to prison for a crime he did not commit.

And if that wasn't enough, the foreign national "spouse" can go on welfare and the US Government, adding insult to injury, will send the American citizen the bill for this because he was so obliging by submitting an enforceable affidavit of support in connection with his foreign born spouse's immigrant visa application or application for adjustment of status. Isn't "love" grand?

Another "unintended consequence" of VAWA is that parties to pending divorce actions routinely falsely accuse the other party of domestic violence for no other reason than to gain an upper hand in negotiations regarding the "equitable distribution" of the marital assets, child custody, and child visitation orders and to prevent the other party from obtaining an equitable divorce settlement.

So what can a US citizen do to deal with this? how to re-enforce their argument to prevent this from occurring. This is crazy....

[wow 0]

I can see u r putting too much emphasis on deportation. Deportation dont just come after u call ICE. Before she get deported she have to appear infront of a judge who will listen her claim, which is VAWA. The VAWA claim is so strong that the judge does not just listen and say get deported. The VAWA claim is sent to some special immigration experts who check all her evidence about the claim and after they approve VAWA she gets greencard. If they do not approve her claim the judge then order deportation. Remember this process can take more than 3 yrs. We really dont know what additional prove she have other than police reports. She might be having a lot more prove than u may think because if police arrested u then, may be there was some evidence to that. Am not accusing u but remember VAWA victims are protected by immigrations. U can withdraw ur 1-130 petition(AOS), but still it will not affect her VAWA petition. They are two different petitions. If u go to info pass to withdraw ur petition which most REAL abusers always do it will not affect her VAWA petition, but it can make her VAWA petition even stronger. Just remember in VAWA terms u are the abuser and she is a victim of domestic violence. And abusers do anything to harm the victims. If u ever call to inquire about her VAWA petition they will never tell or talk to u. Hope u understand my explaination.

I will urge u to concentrate on child custody case because u have some prove that can grant u full custody but she will still be granted some rights for her kid even if she is an illegal immigrant. Family court dont exempt a parent from her child life due to her immigration status. Remember if she can prove that u are an abuser the story may even change to worse.I dont see any mother giving up her kid that simple.

In my opinion, there's no luck in annulment because you had a valid relationship at the time marriage.

I wish u luck in ur decisions!!!

But what if on 2 police reports I was the victim on the first and she violates her TPO and is arrested?

[wow 0]

I can see u r putting too much emphasis on deportation. Deportation dont just come after u call ICE. Before she get deported she have to appear infront of a judge who will listen her claim, which is VAWA. The VAWA claim is so strong that the judge does not just listen and say get deported. The VAWA claim is sent to some special immigration experts who check all her evidence about the claim and after they approve VAWA she gets greencard. If they do not approve her claim the judge then order deportation. Remember this process can take more than 3 yrs. We really dont know what additional prove she have other than police reports. She might be having a lot more prove than u may think because if police arrested u then, may be there was some evidence to that. Am not accusing u but remember VAWA victims are protected by immigrations. U can withdraw ur 1-130 petition(AOS), but still it will not affect her VAWA petition. They are two different petitions. If u go to info pass to withdraw ur petition which most REAL abusers always do it will not affect her VAWA petition, but it can make her VAWA petition even stronger. Just remember in VAWA terms u are the abuser and she is a victim of domestic violence. And abusers do anything to harm the victims. If u ever call to inquire about her VAWA petition they will never tell or talk to u. Hope u understand my explaination.

I will urge u to concentrate on child custody case because u have some prove that can grant u full custody but she will still be granted some rights for her kid even if she is an illegal immigrant. Family court dont exempt a parent from her child life due to her immigration status. Remember if she can prove that u are an abuser the story may even change to worse.I dont see any mother giving up her kid that simple.

In my opinion, there's no luck in annulment because you had a valid relationship at the time marriage.

I wish u luck in ur decisions!!!

But what if on 2 police reports I was the victim on the first and she violates her TPO and is arrested? and Im not to get an infopass to confirm my withdraw of my affidavit of support? just sit and wait? I get your logic but are we really making it that easy for people to abuse us? I was married right up until I file for her with someone else( dec 2008 divorced-jan 2009 file K1 for her). I just do not wish to have been used as some sort of donkey here. She should go back and re-file to come back.

Have you not heard of any cases where VAWA has been denied and if so what were the reason?

[wow 0]

Wow,I saw this blog somewhere in the internet and thought is worth to read:the web page ishttp://familyrights.us/news/archive/2009/march/Immigration_Marriage_VAWA_Fraud_101.html

Lastly, the VAWA unit of USCIS in Burlington, Vermont, issues a self petitioning foreign national who alleges abuse, a letter granting them "deferred action status" which means they cannot be deported or arrested by ICE. It's the mother of all "Get Out of Jail Free Cards".

At the same time the US citizen is sitting in jail or prohibited from going to his home because of a restraining order, the foreign national spouse cleans out the American citizen's bank account, takes his valuable possessions, and then has the audacity to claim that they, the foreign national, are the "victim".

Meanwhile, the American citizen is forced to hire attorneys to defend himself from the false criminal accusations, and to represent him in the divorce. He faces the bleak prospect of having to give 50% of his property to a con artist who has abused him, taken advantage of him, and has discarded him like yesterday's newspaper. And what is even more distressing is that the American citizen might have to pay her alimony or "spousal support", not to mention the very real possibility of being sentenced to jail or to prison for a crime he did not commit.

And if that wasn't enough, the foreign national "spouse" can go on welfare and the US Government, adding insult to injury, will send the American citizen the bill for this because he was so obliging by submitting an enforceable affidavit of support in connection with his foreign born spouse's immigrant visa application or application for adjustment of status. Isn't "love" grand?

Another "unintended consequence" of VAWA is that parties to pending divorce actions routinely falsely accuse the other party of domestic violence for no other reason than to gain an upper hand in negotiations regarding the "equitable distribution" of the marital assets, child custody, and child visitation orders and to prevent the other party from obtaining an equitable divorce settlement.

what if she is arrested for a TPO violation BEFORE she get the get out of jail card from Vawa? what happens then?

[sweet mgeni 2]

what if she is arrested for a TPO violation BEFORE she get the get out of jail card from Vawa? what happens then?

Yes, some victims have been denied VAWA but it all depends with the expert immigration officer. if she have a VAWA claim, she will not go back to her country to file, she will file the VAWA in US. I did not say that you sit there and wait, the point is when u do ur stuff dont do it like a REAL abuser who are always interested in revenge after the victim leaves them.

Check this article below here:

Enter The Violence Against Women Act

In 1994, Congress enacted the Violence Against Women Act (VAWA) which was intended to help address the issue of domestic violence in this country. However, due to the manner in which the law was implemented, it has resulted in an avalanche of false allegations of domestic violence, assault, rape, and other crimes, made by foreign nationals against their US citizen spouses.

Since 1994, there have been two subsequent Violence Against Women Act additions. One in 2000 and another in 2005. There is more pending legislation intended to solidify the Violence Against Women Act and make it difficult, if not impossible, to overcome allegations of domestic violence, even if the allegations of domestic violence are fabricated and fraudulent.

The question that is often asked by a citizen victim of VAWA fraud is "Why is this happening to me?" The answer is not complicated nor difficult to understand once you look at it objectively.

In a cold and calculating move to expedite the process a foreign national goes through to get Permanent Residence (or a "green card"), and in an effort to avoid the possibility of being discovered of having defrauded an unsuspecting American citizen, they routinely and callously falsely accuse their American spouse of domestic violence based crimes such as assault, rape, violation of restraining orders, and other criminal acts.

Tying It All Together

The motivation to commit such a heinous act as falsely accusing someone of a crime of domestic violence they did not commit is simple. Under normal marriage-based, immigrant-visa applications, the expectation is that the parties married for all of the right reasons. They love each other, are attracted to each other, and wish to share their lives. As such, any delay in obtaining a green card for the foreign national spouse is acceptable and is part of the process and is to be expected.

However, a foreign national who is using and duping an unsuspecting American citizen into marrying them simply to get their green card, has no intention of sharing their life with the American citizen, is not attracted to them, does not love the American citizen, and wants out of the "relationship" as quickly as possible.

The problem that faces such a con artist is that, depending on where in the US they are living, it may take from three months to thirty six months to have the required interview with USCIS in which both the citizen and the foreign national must appear. The purpose of the USCIS interview is to determine if the marital relationship is bona fide or if it is a sham. That poses a risk for the foreign national that during the course of the interview, their true intentions may be discovered and they will have their application for their permanent residence denied and they will be placed in removal proceedings.

How to avoid the necessity of having that interview and having to live and interact with a person the foreign national does not love, does not want to be with, and oftentimes detests, is the problem facing the con artist. Anything that would alleviate the necessity of living with their US citizen spouse and also alleviate the necessity of having to submit to the required interview, would be welcomed by a deceitful foreign national.

The United States Congress obligingly delivered a simple and yet an extremely effective solution to this vexing problem. They enacted the Violence Against Women Act in 1994, and renewed it in 2000, and again in 2005.

Now, all the foreign national has to do, once they are married to their American "spouse" is to allege they are the victim of domestic violence or abuse. That allegation can come the day after the marriage, or even on the same day of marriage. It matters not.

They no longer have to reside with the US citizen, no longer have to pretend to love them, no longer have to interact with the US citizen, and, most importantly, they no longer have to appear for that inconvenient interview before USCIS. There is no conditional permanent residence status necessitating yet another interview in two years. They become a permanent resident alien in an instant.

Virtually all grounds of inadmissibility that would normally prevent a foreign national from getting their green card in a "conventional" marriage based visa scenario, are waived for foreign nationals claiming to have been abused because the foreign national is now a "victim".

Lastly, the VAWA unit of USCIS in Burlington, Vermont, issues a self petitioning foreign national who alleges abuse, a letter granting them "deferred action status" which means they cannot be deported or arrested by ICE. It's the mother of all "Get Out of Jail Free Cards".

At the same time the US citizen is sitting in jail or prohibited from going to his home because of a restraining order, the foreign national spouse cleans out the American citizen's bank account, takes his valuable possessions, and then has the audacity to claim that they, the foreign national, are the "victim".

Meanwhile, the American citizen is forced to hire attorneys to defend himself from the false criminal accusations, and to represent him in the divorce. He faces the bleak prospect of having to give 50% of his property to a con artist who has abused him, taken advantage of him, and has discarded him like yesterday's newspaper. And what is even more distressing is that the American citizen might have to pay her alimony or "spousal support", not to mention the very real possibility of being sentenced to jail or to prison for a crime he did not commit.

And if that wasn't enough, the foreign national "spouse" can go on welfare and the US Government, adding insult to injury, will send the American citizen the bill for this because he was so obliging by submitting an enforceable affidavit of support in connection with his foreign born spouse's immigrant visa application or application for adjustment of status. Isn't "love" grand?

Another "unintended consequence" of VAWA is that parties to pending divorce actions routinely falsely accuse the other party of domestic violence for no other reason than to gain an upper hand in negotiations regarding the "equitable distribution" of the marital assets, child custody, and child visitation orders and to prevent the other party from obtaining an equitable divorce settlement.

[sweet mgeni 2]

If she violates TPO or do any kind of crime to land her in jail then her VAWA application will not be powerful and she might get denied. Remember that any crime committed by the victim & abuser can also lied that the abuser made her commit the crime. Its really unfair because the abuser does not have any say on the VAWA to defend himself. When u do ur things make sure u have a witness but rememeber they will never ask ur side of the story.

[LIFE'SJOURNEY 970]

To continue to argue your case here in the Internet is a loss cause, you still haven't made any attempt to stop the AOS process, you don't have to wait for a info pass, you can fax, email and postal a letter asking to have the AOS process stop. It looks as if you are more interested in sending her back, then protecting your self.

I am only stating this base on the contents that has been provided by you on the said posts.

[wow 0]

To continue to argue your case here in the Internet is a loss cause, you still haven't made any attempt to stop the AOS process, you don't have to wait for a info pass, you can fax, email and postal a letter asking to have the AOS process stop. It looks as if you are more interested in sending her back, then protecting your self.

I am only stating this base on the contents that has been provided by you on the said posts.

She Violated hers but the local police deceided not to press it and closed it....again wow.

so now its family court, Divorce court and domestic battery court ( I pleaded not guilty). If i win the DB case what then ( for her).

I dont mine if she comes back as long as she does it on someone else's dime.

[sweet mgeni 2]

To continue to argue your case here in the Internet is a loss cause, you still haven't made any attempt to stop the AOS process, you don't have to wait for a info pass, you can fax, email and postal a letter asking to have the AOS process stop. It looks as if you are more interested in sending her back, then protecting your self.

I am only stating this base on the contents that has been provided by you on the said posts.

She Violated hers but the local police deceided not to press it and closed it....again wow.

so now its family court, Divorce court and domestic battery court ( I pleaded not guilty). If i win the DB case what then ( for her).

I dont mine if she comes back as long as she does it on someone else's dime.

As per your post, u seem to be very angry about her leaving u. Am not sure why, but i may suggest u attend a anger management class so that u wont do harm to urself or her. She is a grown woman with a mind of her own and I dont see how u can just make her leave the country that easy. Try to concentrate in things that will benefit u and ur kid.

[sweet mgeni 2]

Dear WOW,

As per your post, u seem to be very angry about her leaving u. Am not sure why, but i may suggest u attend a anger management class so that u wont do harm to urself or her. She is a grown woman with a mind of her own and I dont see how u can just make her leave the country that easy. Try to concentrate in things that will benefit u and ur kid.

[wow 0]

Dear WOW,

As per your post, u seem to be very angry about her leaving u. Am not sure why, but i may suggest u attend a anger management class so that u wont do harm to urself or her. She is a grown woman with a mind of her own and I dont see how u can just make her leave the country that easy. Try to concentrate in things that will benefit u and ur kid.

Thats exactly what Im doing. you dont seem to understand I love this women i dont want anything to happen to her, i also love my son and myself.Its not anger you see but self respect and doing what I believe is right.

I have to assume this has never happen to you.

[Darnell 8,478]

what if she is arrested for a TPO violation BEFORE she get the get out of jail card from Vawa? what happens then?

Most depends on

--what you've submitted to ICE

--results of you withdrawing the affadavit of support, I-864, prior to Adjustment of Status.

I'm sorry, for immigration stuff, I strongly suggest you focus on that.