Question on VAWA affecting new K1 Petition

[RickJovi 81]

Hello,

I learned about VAWA some what on VJ. I have a question concerninf it. I brought a fiancee over from the Philippines in June 2012. We married in August 2010. I filed her AOS and she received her conditional green card on November 2, 2010. She made me wait until June 2011 to have a baby and this was influenced by her American brother-in-law who visit Redwood City CA every 6 months to make money under the table to support themselves in the Philippines. THey stay at his mother's house in Redwood CIty CA and she is elderly and losing her mental faculties. Once June 2011 came up, my wife at the time started and argument, she used it to leave my house and stay with her friend. 3 days later she had left Indiana and went to Redwood City CA. I never put my hands on her, never had police called to my house and had my best friend and his wife living in my house since they lost their jobs, house and are now on disability. THey witnessed the way she acted and that I never did anything to her physically or of an abusive nature. I was a victim of a scam to get the green card and take care of her brother-in-laws mother. THey left her in Redwood CIty and returned to the Philippines.I divorced her on August 31, 2011 after seeing pictures of her in another mans arms. THe brother-in-law told me it was his best friend and she could do whatever she wanted since she had left me. I know he and his wife orchestrated the whole ordeal. I stil have those pictures as evidence. I gues my questions is can she file a VAWA petition against me and will it have an impact on my current K1 petition. I have no history of violence, domestic violence or any criminal history that is specified in IMBRA. I don't want her to make false allegation for the sole purpose of getting her 10 year green card. Anyone that has knowledge or experience with VAWA please feel free to comment. I was the victim, not the other way around. I also submitted a complaint against her to be put in her immigration packet after talking with a USCIS officer at the local office here in Indianapolis. I included a character reference stated from the wife of my best friend who lived in the house during the marriage and witnessed my exex actions. Also explained in detail what happened, included her on two new dating sites and informed them I had pictures of her in another mans arm less than 3 weeks of leaving me that I could bring into a local office but could not be put into her packet for legal reasons as her brother-in-law is sue happy and threatened me because it involved his friends. Thank you and take care.

Edited March 13, 2012 by RickJovi

[L+T 71]

Hello,

I learned about VAWA some what on VJ. I have a question concerninf it. I brought a fiancee over from the Philippines in June 2012. We married in August 2010. I filed her AOS and she received her conditional green card on November 2, 2010. She made me wait until June 2011 to have a baby and this was influenced by her American brother-in-law who visit Redwood City CA every 6 months to make money under the table to support themselves in the Philippines. THey stay at his mother's house in Redwood CIty CA and she is elderly and losing her mental faculties. Once June 2011 came up, my wife at the time started and argument, she used it to leave my house and stay with her friend. 3 days later she had left Indiana and went to Redwood City CA. I never put my hands on her, never had police called to my house and had my best friend and his wife living in my house since they lost their jobs, house and are now on disability. THey witnessed the way she acted and that I never did anything to her physically or of an abusive nature. I was a victim of a scam to get the green card and take care of her brother-in-laws mother. THey left her in Redwood CIty and returned to the Philippines.I divorced her on August 31, 2011 after seeing pictures of her in another mans arms. THe brother-in-law told me it was his best friend and she could do whatever she wanted since she had left me. I know he and his wife orchestrated the whole ordeal. I stil have those pictures as evidence. I gues my questions is can she file a VAWA petition against me and will it have an impact on my current K1 petition. I have no history of violence, domestic violence or any criminal history that is specified in IMBRA. I don't want her to make false allegation for the sole purpose of getting her 10 year green card. Anyone that has knowledge or experience with VAWA please feel free to comment. I was the victim, not the other way around. I also submitted a complaint against her to be put in her immigration packet after talking with a USCIS officer at the local office here in Indianapolis. I included a character reference stated from the wife of my best friend who lived in the house during the marriage and witnessed my exex actions. Also explained in detail what happened, included her on two new dating sites and informed them I had pictures of her in another mans arm less than 3 weeks of leaving me that I could bring into a local office but could not be put into her packet for legal reasons as her brother-in-law is sue happy and threatened me because it involved his friends. Thank you and take care.

If you are not convicted of a crime, you should be ok. However this is your second petition within 2 years, did you need a waiver?

Edited March 13, 2012 by Thomas70

[Deputy Purple 1,294]

She has no need for VAWA as she's already adjusted status.

If you have any solid proof of immigration fraud contact ICE (info is at the bottom of every page on VJ) if might complicate her Removal of Conditions later this year.

[realizment 18]

There really is some nasty people in the world. Sorry to hear you had to go trough this.

[RickJovi 81]

If you are not convicted of a crime, you should be ok. However this is your second petition within 2 years, did you need a waiver?

I submitted a waiver for time limitations as the petition was only 1 year 9 months old. I have a clean record, don't fit any of the crimes or abuse of the immigrations system in IMBRA. Police have never responded to my house for anything. I don't see them denying me for submitting 3 months shy of 2 years. The petition is now over 2 years, so I will wait to see what USCIS says. Worse case scenario I may have to resubmit and pay the fee again andf then IMBRA would no longer apply as it would be ovewr 2 years old. I hope they have a heart and realize I was the victim. I already submitted evidence to the local USCIS office and they related it would be forwarded and palced in her packet. I do have pictures of her with another man, but I didn't submit them for legal reasons and threats from her American brother-in-law. Time will tell.

[Leatherneck 693]

Rick, she doesn't have a leg to stand on with a VAMA petition at this point. She would look rather silly and I doubt taken seriously if she tried to use VAMA this late and without any hard evidence.

[RickJovi 81]

Rick, she doesn't have a leg to stand on with a VAMA petition at this point. She would look rather silly and I doubt taken seriously if she tried to use VAMA this late and without any hard evidence.

Thanks Leatherneck. I was a victim of her betrayal once. I did not want her to file anything bogus and interfere with my current K1. I am so much happier now. I fly out to see my Sweetheart Jovi tomorrow for about 3 weeks. It is my hope that by the end of April, that our petition will be approved. Take care.

[Penguin_ie 5,993]

Agree that VAWA is not an issue here- looks like she's gone back to the Phils anyway, thus abandoning her residency (which would be good for you, as you wouldn't be financially responsible for her anymore!). Do make sure your new fiance knows all about the old one, as she will be asked about it at interview.

[Leatherneck 693]

Thanks Leatherneck. I was a victim of her betrayal once. I did not want her to file anything bogus and interfere with my current K1. I am so much happier now. I fly out to see my Sweetheart Jovi tomorrow for about 3 weeks. It is my hope that by the end of April, that our petition will be approved. Take care.

Hey Rick, have a cold, actually, make that a very cold San Miguel Lite on my behalf. Enjoy the trip and forget about whats going-on here.

[RickJovi 81]

Hey Rick, have a cold, actually, make that a very cold San Miguel Lite on my behalf. Enjoy the trip and forget about whats going-on here.

I will have a cold cold Red Horse. Don't worry, I don't think about my ex anymore. I just want her out of the U.S. because she doesn't deserve to be here. I love my Jovi so much and I am so much happier. I will be even happier once USCIS sends me the NOA2. Until then waiting, loving being with her and her family and giving her additiuonal proof of relationship. Take care.

[RickJovi 81]

Agree that VAWA is not an issue here- looks like she's gone back to the Phils anyway, thus abandoning her residency (which would be good for you, as you wouldn't be financially responsible for her anymore!). Do make sure your new fiance knows all about the old one, as she will be asked about it at interview.

She is in Redwood Citym CA and is on CherryBlossoms trying to find her next victim. Hopefully USCIS will do the right thing and deny her removal of conditions and ask her to leave by midnight on November 2, 2012 when the conditional card expires. Of course my current fiancee knows everything. I laid all the cards on the table from day one. Don't believe in hidng anything, especially when I didn't do anything wrong and I was the victim. She will get her own one day. Karma will catch up to her. Take care.

Edited March 15, 2012 by RickJovi

[JimVaPhuong 4,863]

She is in Redwood Citym CA and is on CherryBlossoms trying to find her next victim. Hopefully USCIS will do the right thing and deny her removal of conditions and ask her to leave by midnight on November 2, 2012 when the conditional card expires. Of course my current fiancee knows everything. I laid all the cards on the table from day one. Don't believe in hidng anything, especially when I didn't do anything wrong and I was the victim. She will get her own one day. Karma will catch up to her. Take care.

If she talks to a lawyer, which is likely, then he/she will tell her she doesn't need VAWA. All she needs is evidence she entered the marriage in good faith (which she'd also need with a VAWA self-petition) and a copy of the divorce decree. With those she'll be able to remove conditions and get a 10 year green card on her own. It doesn't matter what she did after she married you. It only matters if she entered the marriage in good faith.

You should probably forget about trying to convince USCIS to deny her removal of conditions. First, they are always skeptical of evidence they receive from an estranged spouse. They consider you might have a motive for trying to use USCIS to punish her. Second, they need solid evidence that she entered the relationship primarily to evade immigration law, and this sort of evidence is difficult to obtain. What she did after the marriage rarely constitutes solid evidence of her motives when entering the marriage, unless you've essentially got an admission on her part that she duped you for a green card. For your own emotional well being, it's best if you move on and forget about her. Removing conditions is her problem now.

USCIS usually doesn't deny requests for a waiver of the multiple filing limitations unless the petitioner has also been convicted of an IMBRA related crime. Your petition shouldn't be denied because of that. You can expect the issue of your first marriage to be raised at your new fiancee's visa interview.