divorce processed- update

[Deputy Purple 1,294]

Any chance of explaining to the parents that they are about to embark on a slippery slope of immigration fraud and that would do more damage to the family honor?

[VanessaTony 3,567]

okay, some more news. i talked to my parents and they accepted the divorce. but then they asked me to write this letter stating facts about the marriage so that they can send it to their lawyer so that my wife can start doing her own paperwork to stay in the US. i said i don't want anything to do with her anymore after how messy it's gotten. my mom then said then they'll have to do things the hard way which is eventually taking me to court. she didn't specify what, but she was saying that i'll be requested there and it'll make things a lot tougher.

what legal action can be taken against me at this point?

I don't know if you've called ICE yet but if you have, call them and update them on this development. If you haven't called them, do so and remember to include this. You need to get ahead of any VAWA claim and they're the first port-of-call. It appears your parents care more about this girl than they do about you. I can't believe they are condoning this immigration fraud let alone screwing you over.

What did they ask you to write about the marriage? Being honest you were together for very little time in an arranged marriage.. what could they think that served.. so what did they want you to write?

This is going to get worse before it gets better... if it does get better. Your parents have chosen this girl.. so you can choose to do what they want (i.e. immigrant fraud) or you can choose to protect yourself.. which I think you should.

[ml82 1]

i held off on contacting ICE because i spoke to my mother and she said she wasn't aware that my wife had sent that email. so i figured it was my wife attempting to scare me and that it wasn't my parents intention to do that.

they wanted me to write a letter saying that i married in good faith and that the marriage was legitimate and that i am now filing for divorce. they said that once i sign and send the later, my wife can begin to do her own paperwork to be able to stay in the US.

i have a feeling they hired a lawyer from the vietnamese community and it sucks to say but these guys are all about bending the law, so i'm afraid my parents are willing to do whatever it takes...

[Deputy Purple 1,294]

they wanted me to write a letter saying that i married in good faith and that the marriage was legitimate and that i am now filing for divorce. they said that once i sign and send the later, my wife can begin to do her own paperwork to be able to stay in the US.

Have you explained to them that it doesn't work that way?

Maybe they don't understand that her only possible route is to accuse you of spousal abuse.

[ml82 1]

when the wife emailed me with those definitions of abuse, i called my mom and told her about it and asked if she knew. she said no. and i said "that's the only way for her to stay in the US, and she is willing to flat out lie like that?" and my mom explained that after they got the divorce papers, my wife was really upset and that the email was probably just out of anger. and then i told her there are big consequences if she's willing to lie like that.

[JoannaV 174]

If she had adjusted status and received a two year green card, and then you divorced, she could get a waiver for the joint-filing condition for removal of conditions. But as she never adjusted status that is not an option. Maybe your parents and their lawyer are confusing these two things.

Your first post did make it sound like you made some mistakes. You brought her here, married her, and then...left. You didn't help her adjust status, neither did you pay for her to fly back to Vietnam and divorce her. She was just stuck in a foreign country, living with her in-laws, unable to legally work, unable to visit her own family, and loved by no-one: tied to a husband but living without him. I don't know whether she is trying to claim that the emotional abuse is related to all that, maybe?

[ml82 1]

it's true, i didn't pay for anything. my parents paid for everything. i told them i didn't want this, but they pressured me and guilted me. my parents paid for the wedding, her flight ticket over, all of the fees, did the paperwork. i was used more like a tool. they wanted me to marry a wife that could take care of them, as that's the traditional vietnamese way. the husband's wife should take care of the husband's family. i know, i should've been more of a "man" and stood up for myself but, i've made my mistake and i'm trying to deal with it the best that i can.

she has a SSN and employment card. she works for my mom and she is taken care of as one of her children. they provide everything for her.

[VanessaTony 3,567]

What did your parents say when you told them that there is NO way for her to stay without her reporting you for spousal abuse.. which they obviously know is not true?

[ml82 1]

What did your parents say when you told them that there is NO way for her to stay without her reporting you for spousal abuse.. which they obviously know is not true?

she said that the lawyer told them there is and that it's ok.

also, i tried to send an email to ICE, but the email doesn't work....

[VanessaTony 3,567]

she said that the lawyer told them there is and that it's ok.

also, i tried to send an email to ICE, but the email doesn't work....

I would call them then. Wow. Can't believe your parents. DEFINITELY call ICE and tell them everything. Your parents don't care about you but YOU should care about you. I am so sorry your parents are so bad to you.

Good luck! I think you're gunna need it.

Edited March 16, 2011 by Vanessa&Tony

[ml82 1]

here are some emails i found at the DHS website in case any administrators or mods want to update that email address below:

Hotline Information: Report Fraud, Waste or Abuse, and Whistleblower Issues

DHSOIGHOTLINE@dhs.gov.

would that be the correct email to send it to?

[JimVaPhuong 4,863]

that would really suck. jim are you by any chance a lawyer?

No, sorry.

Have you explained to them that it doesn't work that way?

Maybe they don't understand that her only possible route is to accuse you of spousal abuse.

A VAWA claim also needs proof that she entered the marriage in good faith. It sounds like they're asking him to actually cooperate in providing the evidence she needs to adjust status while simultaneously hanging him out to dry.

I just talked to my wife about this. She doesn't agree with what his parents are doing, but she says she understands, and thinks many Vietnamese parents would probably do the same.

@ml82, what exactly did you do to "cancel" the AOS? I'm trying to figure out if there's some other underhanded method this attorney might be thinking of.

[ml82 1]

i wrote a letter to USCIS informing them that i no longer wished to sponsor her. they sent a letter saying that her case was denied.

[JimVaPhuong 4,863]

i wrote a letter to USCIS informing them that i no longer wished to sponsor her. they sent a letter saying that her case was denied.

Ok. In that case, and since you've filed for the divorce, her only option is VAWA. I don't believe your parents are as naive about this as they pretend to be. On the one hand, your mother said she didn't know that a claim of abuse was the only way your wife could stay in the US. On the other hand, she said they'd take you to court and make things difficult for you if you didn't cooperate. I think they're being less than honest with you.

Save all correspondence. Call ICE. Hire a lawyer.

[sachinky 465]

Dude. I wish you all the best.

Follow above advice. Report every single development with ICE. Hire a lawyer!

Have you told your parents, in no uncertain terms, that with divorce prior to AOS, the only way for your wife to stay in the USA is with a fraudulent spousal abuse claim against YOU? Do they understand that?