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Posted

1. I have Order of Family Court 2005, stating we were married in 2000 in that foreign country.

You might want to get a copy of that marriage certificate, just in case the burden of proof in federal/immigration court is higher than your say-so.

2. No doubt she's at least LPR

A status that she derived from a fraudulent asylum application, in which she misrepresented a material fact - marriage, to you.

Are you sure you want to open that can of worms?

3. out of 5 eligibilty factors listed by Sandra, I only have 1 to still work on: current order of protection

You have already been told no, it wouldn't help you.

Filed: Timeline
Posted

That's what I just asked: HOW should I prove it? (please everyone refrain from huge font)thanx

as per sandranj:

Before you think to file Vawa you need to have two things in your hand

a)proof that your wife is an US Citizen or green card holder.If she changed her name or if you have no idea how to get proof that she is a green card holder or US Citizen then forget about your case! without this proof you CAN'T EVEN START YOUR CASE.

Posted

That's what I just asked: HOW should I prove it? (please everyone refrain from huge font)thanx

you can't prove it. she is so far removed from you, the truth, any form of legal presence that you can't prove it. and that's your whole problem...

i'm gonna stop feeding the beast now. :bonk:

Filed: Timeline
Posted

1. Not my word; rather Family Court Judge's, sealed.

2. Might her fraudulent Asylum application hurt my VAWA petition in any way?

3. I think 100% contrary: current Order of Protection would clinch VAWA case

You might want to get a copy of that marriage certificate, just in case the burden of proof in federal/immigration court is higher than your say-so.

A status that she derived from a fraudulent asylum application, in which she misrepresented a material fact - marriage, to you.

Are you sure you want to open that can of worms?

You have already been told no, it wouldn't help you.

Filed: Timeline
Posted

The answer that I can't prove current marital status or her immigration status IS NOT credible answer. I do appreciate advice on how to go about it

you can't prove it. she is so far removed from you, the truth, any form of legal presence that you can't prove it. and that's your whole problem...

i'm gonna stop feeding the beast now. :bonk:

Posted

1. Not my word; rather Family Court Judge's, sealed.

That won't matter. If immigration court asks for proof you are the childrens' father, a court order won't suffice; you will have to produce birth certificates.

The same goes for marriage.

Ask any one who has submitted documentation at any stage of the immigration process - we will all tell you the same thing.

2. Might her fraudulent Asylum application hurt my VAWA petition in any way?

I wouldn't rule that out. By tearing down her house of cards, you could be drawing unwanted attention to your own.

3. I think 100% contrary: current Order of Protection would clinch VAWA case

Talk to a qualified attorney about that.

Filed: Timeline
Posted

Hold your horses. This is VAWA thread. I only to try to weed out mis-conceptions. I never repeat a question that had final answer. In cases where there is no final answer, discussion helps.

No one ever needs to get frustrated or emotional. I will greatly appreciate if my DESIRE TO LEARN and BE EDUCATED CLIENT is mirrored by everyone else here. In my experience, this applies to both legal profession and medical, for example. If we blindly continued to feed ourselves and our kids all tons of drugs, just because a licensed physician has initially issued a prescription - that would be bad discretion

You remind me of a petulant child that has asked for something from their parent, and after being told "no" you just keep repeating your question over and over.

You've been given invaluable advice from an ATTORNEY that specializes in VAWA cases, she has clearly outlined what you'd need to even BEGIN your VAWA journey and STILL you keep trying to manipulate your question to get ... what? an answer that, in your opinion, will fit into exactly what you want to hear.

And when faced with questions/advice that (in your reality) isn't what you want to read, you just ignore it and ask the same question again and again, just worded slightly different.

It's so frustrating..and if I were Sandraj and had taken the time out of my extremely busy day to write those two very detailed, helpful posts and you were STILL going on and on about the same things I had already advised you on, I'd be SO insulted. Definitely I would not help you again.

That's how life is - sometimes (oftentimes) you don't get the answers you want and life doesn't go the way you plan.

You are beyond frustrating and each and every time someone gives you solid advice and you chose to ignore it (because it's not the answer YOU want) it is SO insulting to everyone that's trying to help you.

Filed: Timeline
Posted

1. I don't think this is credible answer. An order of US state Family Court with a seal would bear no less significance, than a certificate in foreign language from a country famous for forgeries - both in case of Marriage or Birth proof

2. Don't just say it might, show the logic

3. Yes, we all know to ask attorney about everything...We first want to raise our own level of awareness

That won't matter. If immigration court asks for proof you are the childrens' father, a court order won't suffice; you will have to produce birth certificates.

The same goes for marriage.

Ask any one who has submitted documentation at any stage of the immigration process - we will all tell you the same thing.

I wouldn't rule that out. By tearing down her house of cards, you could be drawing unwanted attention to your own.

Talk to a qualified attorney about that.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Have you thought of appointing a Private Detective to ascertain the information you need?

Also have you looked at the U Visa?

Obtaining a duplicate Marriage Certificate should not be a major issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

you're mistaking the point. You, neighbor - can. SHE can't.

However, you just gave me an idea - which I'll try to formulate after a small break: on VAWA PURPOSE

Yes, she CAN. Even your neighbour or anybody else can and you will realize it, when the ICE agents put your in handcuffs and escort you in a holding place before the deport you!

you're mistaking the point. You, neighbor - can. SHE can't.

However, you just gave me an idea - which I'll try to formulate after a small break - on VAWA PURPOSE

Yes, she CAN. Even your neighbour or anybody else can and you will realize it, when the ICE agents put your in handcuffs and escort you in a holding place before the deport you!

you're mistaking the point. You, neighbor - can. SHE can't.

However, you just gave me an idea - which I'll try to formulate after a small break - on VAWA PURPOSE

Yes, she CAN. Even your neighbour or anybody else can and you will realize it, when the ICE agents put your in handcuffs and escort you in a holding place before the deport you!

you're mistaking the point. You, neighbor - can. SHE can't.

However, you just gave me an idea - which I'll try to formulate after a small break - on VAWA PURPOSE

Yes, she CAN. Even your neighbour or anybody else can and you will realize it, when the ICE agents put your in handcuffs and escort you in a holding place before the deport you!

Posted

1. I don't think this is credible answer. An order of US state Family Court with a seal would bear no less significance, than a certificate in foreign language from a country famous for forgeries - both in case of Marriage or Birth proof

What you think doesn't matter. What matters is producing evidence. As you've been told, time and time again, you will be required to produce evidence. My next door neighbor saying you owe me $500.00 isn't evidence. A signed agreement between you and I, in which you state you owe me $500.00 is evidence.

And, again, any one of us who have been through the immigration process on any level, either ourselves or with family members, will agree with me: it wouldn't hurt a thing to get a copy of that marriage certificate. Just in case.

2. Don't just say it might, show the logic

Google is your friend.

Posted

Obtaining a duplicate Marriage Certificate should not be a major issue.

Unless there isn't one and the villainous in this story, the one who has up and ran, changed her name and social security number, but calls once a year from a blocked number and threatens the super dad (who has had an open child protection case for more than ten years and who has such important matters to take care of by phone, he can't let a call go to voice mail) because he might disclose something that happened six years ago, well, unless she really didn't make a material misrepresentation at all and this couple was never married to begin with.

 
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