Obtain proof of Spouse's status

[SingleDad2usc 71]

On this count: Jr is the "winner". Spouse had 3 cases investigated by ACS over 60 days each, and all 3 investigations resulted in finding of "indicated" against her (I have official letters of investigation and finding from NYS Child Abuse and Maltreatment Register; and ACS pictures of children's bruises); children were removed into foster care. At the same time, spouse had me arrested 3 times on DV charges: all dismissed. On her fourth attempt, she got charged with Assault on me (Police report has injuries and weapon marked), pleaded guilty in Mental Health division of Criminal Court, served 13-month out-patient term (I have her colorful mid-term certificate of "Completed Phase I"), during which I was given/renewed Order of Protection total 13 months. As she completed Mental Court mandates, the ACS agreed to Family Court (where she stopped appeaing) deal to discharge children into my sole care, with ACS supervision. A year later, ACS conference instructed me to obtain Final Order of Custody, which was granted on mother's default.

The reason Jr is the "winner": he bears the scars to date. His current neurological, psychiatric, psychological and psychosocial evaluations will be submitted. Mine will not be. I'm just bearing the burden of bitter sweet memories, and having to now straighten out immigration and Birth Certificates, all of which the spouse had deliberately excluded my name from. It's possible that her plan was to get rid of all of us, with zero liability. If even she knew her own plan for sure - I have official record of her weekly Mental Health treatments 2002-2004.

So how is this for male VAWA? I'm only abstaining from filing, because I really need to Obtain Proof of Spouse's status first. I have her Asylum Granted letter, approval Nov 2002. Time required before filing LPR was 4 years, so say 2007. Then she might have become USC 2011-2012. But what if she got herself in other troubles and never followed through?

I now have 10y+ continued Good Moral Character overstay; but my understanding is that Hardship only counts if can be proven in regard ofadult USC, not underaged USC?

[Ihavequestions 419]

On this count: Jr is the "winner". Spouse had 3 cases investigated by ACS over 60 days each, and all 3 investigations resulted in finding of "indicated" against her (I have official letters of investigation and finding from NYS Child Abuse and Maltreatment Register; and ACS pictures of children's bruises); children were removed into foster care. At the same time, spouse had me arrested 3 times on DV charges: all dismissed. On her fourth attempt, she got charged with Assault on me (Police report has injuries and weapon marked), pleaded guilty in Mental Health division of Criminal Court, served 13-month out-patient term (I have her colorful mid-term certificate of "Completed Phase I"), during which I was given/renewed Order of Protection total 13 months. As she completed Mental Court mandates, the ACS agreed to Family Court (where she stopped appeaing) deal to discharge children into my sole care, with ACS supervision. A year later, ACS conference instructed me to obtain Final Order of Custody, which was granted on mother's default.

How much of this "evidence" is part of the court case that was sealed by a judge's order?

[SingleDad2usc 71]

None. The only point about "sealed" at her Mental Health Court was: prosecutor offered no jail in exchange to her pleading guilty to Assault in Third Degree and agreeing to one year under jurisdiction of the Court (month/month-and-half appearances, with Judge reviewing progress). She was told that if she fulfils all mandates, case will then be sealed, i.e. no one will be able to see her record of conviction. She accepted deal and fulfilled mandates after 13 months, upon which my Order of Protection expired

[Ihavequestions 419]

None. The only point about "sealed" at her Mental Health Court was: prosecutor offered no jail in exchange to her pleading guilty to Assault in Third Degree and agreeing to one year under jurisdiction of the Court (month/month-and-half appearances, with Judge reviewing progress). She was told that if she fulfils all mandates, case will then be sealed, i.e. no one will be able to see her record of conviction. She accepted deal and fulfilled mandates after 13 months, upon which my Order of Protection expired

So, in other words, everything in bold is part of the sealed court case? It appears so.

On this count: Jr is the "winner". Spouse had 3 cases investigated by ACS over 60 days each, and all 3 investigations resulted in finding of "indicated" against her (I have official letters of investigation and finding from NYS Child Abuse and Maltreatment Register; and ACS pictures of children's bruises); children were removed into foster care. At the same time, spouse had me arrested 3 times on DV charges: all dismissed. On her fourth attempt, she got charged with Assault on me (Police report has injuries and weapon marked), pleaded guilty in Mental Health division of Criminal Court, served 13-month out-patient term (I have her colorful mid-term certificate of "Completed Phase I"), during which I was given/renewed Order of Protection total 13 months. As she completed Mental Court mandates, the ACS agreed to Family Court (where she stopped appeaing) deal to discharge children into my sole care, with ACS supervision. A year later, ACS conference instructed me to obtain Final Order of Custody, which was granted on mother's default.

[Boiler 45,940]

Cutting through the irrelevances it seems the only thing you know for certain is that she was granted Asylum.

Whether she took it to LPR or US Citizenship status is debatable. I am not sure there has been enough time for the latter. Not that it matters.

The way you describe her it sounds to me like she would not have thought far enough ahead to go through all that paperwork.

In addition would she have been granted PR Status with her history?

[SingleDad2usc 71]

ihavequestions, I'm losing you. Her sealed 2003-2004 case of guilty of Assault in the Third Degree against me is buried at MD1 (Mental Health division of Criminal Court). I do own Police report of her Arrest, my Orders of Protection, and her Certificate of completion Phase I of that case mandates (she gave it to me, saying that "even so colorful and pretty, it wouldn't look too good on the wall of her office".

All other documents you bolded were not even part of her MD1 case

Edited August 12, 2012 by SingleDad2usc

[SingleDad2usc 71]

LPR should've been easy as early as 2007, unless she'd accummulated more trouble. USC could've been filed in 2011 (as her 2007 GC would come with 1 year already on it) - but would be harder to adjudicate with her record

Cutting through the irrelevances it seems the only thing you know for certain is that she was granted Asylum.

Whether she took it to LPR or US Citizenship status is debatable. I am not sure there has been enough time for the latter. Not that it matters.

The way you describe her it sounds to me like she would not have thought far enough ahead to go through all that paperwork.

In addition would she have been granted PR Status with her history?

Edited August 12, 2012 by SingleDad2usc

[Ihavequestions 419]

ihavequestions, I'm losing you. Her sealed 2003-2004 case of guilty of Assault in the Third Degree against me is buried at MD1 (Mental Health division of Criminal Court). I do own Police report of her Arrest, my Orders of Protection, and her Certificate of completion Phase I of that case mandates (she gave it to me, saying that "even so colorful and pretty, it wouldn't look too good on the wall of her office".

All other documents you bolded were not even part of her MD1 case

http://www.txcourts.gov/pdf/NYDefsOfCriminalProceedings.pdf

[SingleDad2usc 71]

Pavlovian experiment? You getting me salivating at the sight of 48-page link! Gimmi a hint: what's the gist of it?

http://www.txcourts.gov/pdf/NYDefsOfCriminalProceedings.pdf

[Ihavequestions 419]

Pavlovian experiment? You getting me salivating at the sight of 48-page link! Gimmi a hint: what's the gist of it?

As you have been told many times, Google is your friend.

I'm not going to read it for you, too.

[SingleDad2usc 71]

I skimmed thru it: there seems to be nothing in it relating to my legalization. I've never been convicted, or lost any case at any court

[Sandra G. 5,057]

If she is is not a US citizen or LPR then you do not qualify for residency under VAWA.

[Ihavequestions 419]

I skimmed thru it: there seems to be nothing in it relating to my legalization. I've never been convicted, or lost any case at any court

Read, don't skim.

It speaks directly to sealed court cases, which should be a point of interest to you as you gather evidence.

[SingleDad2usc 71]

I'm thankful for any education; I'll read about "sealed". Still, I only have one task: Obtaining Proof of Spouse's status

Read, don't skim.

It speaks directly to sealed court cases, which should be a point of interest to you as you gather evidence.

[SingleDad2usc 71]

I've done nothing yet beyond VJ discussions and Jr's evaluations, because he was in need of them anyway. I feel I shouldn't make a single move before ascertaining Spouse's status. But how?

I think even private on-line background check, suggested by someone as really affordable, may not produce much. The fact that a friend of a friend just checked some DHS data by A#(not USCIS I believe) and saw her name and P.O.Box, but no LPR info - leads me to believe that only CERTAIN databases are really current and relevant

If she is is not a US citizen or LPR then you do not qualify for residency under VAWA.