Obtain proof of Spouse's status

[SingleDad2usc 71]

Weighing the odds: she had announced to everyone many times that she'd walk on corpses to reach her goals (not sure if I'd ever heard her say that before 2003; but since then, I think, she only spared Judges' ears). I wouldn't be surprised if she eventually did become a Judge in International Court - as she always said she wanted

[SingleDad2usc 71]

not "5.5y": Asylee gets GC with 1y already on it. Again, unless she had other "events" - I see her LPR 2007 and USC 2012.

First she would need to be a PR, and that would have to have happened c 5 and half years ago or longer.

So what leads you to believe she became a PR?

[belinda63 3,038]

Hmmmm. So your wife filed for political asylum while you were married and living in the house, you were aware of it and that she had filed as single and you did nothing? You did not notify USCIS of her fraud? And why did you stay with her at that point if she was claiming to be single and you knew she was committing immigration fraud?

You said she pled guilty to Assault 2 which is a felony in New York but now you state she has no felony? Maybe you should check the records to see what she pled guilty to. Even if the record was sealed, it is not sealed to immigration and this conviction to whatever it was could have prevented her from obtaining status. If she had been found "criminally insane" as you now state, she would not have a conviction, or at least a plea would not have been accepted until she was found sane.

You state she was in the US in 2006 but how do you know this? And how would she obtain a new name/social security number as an LPR as you indicate you believe she did?

You justify your overstay by "family problems" but these did not start until more than a year after you arrived. Are you sure you didn't overstay to process your wife's application and then maybe "marry" in the US so you could have derivative benefits?

[SingleDad2usc 71]

Thank you Belinda, I do need to correct both you and me. Where did u get I knew she'd filed as Single? Where did you get problems started over a year overstay? I do apologize about "Assault2" - mia culpa, it was "Assault3". Criminally insane is my determination (I know her best over a decade).

Now: yes, I'd love to know how she might have changed name and possibly SSN. I suspect she used her copies of my false arrest police reports and her orders of protection

Edited August 12, 2012 by SingleDad2usc

[belinda63 3,038]

Your post dated 11 July 2012 states "So this was 2002, third year of our generally happy married life together. There were a few trying moments: wife’s PPD after 2001 birth put her on prescription Prozac" "her Asylum Granted (decision dated a month earlier!) envelope arrives right on Xmas, just as our son is born. And there the troubles begin" "but subsequently OVERSTAYED due to Family’s complicated circumstances, wife’s psychiatric treatment, care for children born in US, ACS supervision, Court dates, etc. Petitioner did help prosecution resulting in 2003 conviction" Your first child was born in the US in 2001 and you state the problems began when your second child was born December 2002...this makes one year or more in the US before the problems started. From Canada you can only stay 6 months max so you had overstayed prior to any excuses for not returning. EXCEPT you were waiting to see if her political asylum application was accepted.

"We had a daughter born in US 2001, right after my wife filed for Political Asylum, claiming to be single!" From your 06 July 2012 post. I doubt she would have been granted political asylum if it was known she had a Canadian spouse. And if the application was for the family you would have been involved in it also, not just her.

[Boiler 45,486]

not "5.5y": Asylee gets GC with 1y already on it. Again, unless she had other "events" - I see her LPR 2007 and USC 2012.

What is the basis of the above, you provide no supporting comments for this assumption.

[SingleDad2usc 71]

Nowhere did it say I knew that I was NOT on her application. Your first quote is correct quote; but you missed my recount (later on) about the first pregnancy. I didn't address it in the OP- but I could repeat it if interested. There were problems in 2001-2002, and we worked thru them.

Which brings me to important for everyone point. This point is not my case: in my VAWA case, my spouse broke the family and left, and I'm filing. In most VAWA cases, the one who does the leaving is filing.

So my own view of VAWA is that it's a little liberal, in the sense that it allows the unsatisfied spouse to leave and self-petition. Yes, there are cases of physical danger - and one must leave. But what's also allowed by VAWA is act of spousal independence, leave and self-petition. I think that my case, where I haven't left, worked hard on work-outs for the longest time (over 3 false arrests, uncounted adultery, beatings to both myself and the babies) - and finally succummed to choice placed by authorities: choose between your wife and your children! - is more deserving of VAWA consideration than any. But that's just my opinion, because I know my case best

[SingleDad2usc 71]

When Asylee is approved inside the US, that's what Asylee gets. At least back then, it said file to adjust in advance of 48 months, receive card a year later with 1y already counted toward citizenship

What is the basis of the above, you provide no supporting comments for this assumption.

[Messybrownhair 251]

The safe bet would be to wait for the oldest Child to turn 21 and sponsor you.

Would this work even if he's not listed on the BC as the father?

[Sandra G. 5,047]

Ihaveaquestion any battered individual may file form I-360 (Vawa)even after 2,5,10,15 years etc...of the violence suffered, and they don't have to explain why they waited so many years to file Vawa.They must not be divorced more than two years tho.As I said two weeks ago a friend of mine got her green card in June 2012 and she suffered domestic violence sixteen years ago. She got her Green card based in Vawa through the immigration court.

[SingleDad2usc 71]

I know I'd waited till 2007 for her LPR; but why have I now waited till 2012? LOL just kidding, I really haven't been aware of VAWA before 2012 - and certainly would never think "Violence Against Women" applied to male petition

[Boiler 45,486]

Would this work even if he's not listed on the BC as the father?

IF the DNA test was positive, yes.

When Asylee is approved inside the US, that's what Asylee gets. At least back then, it said file to adjust in advance of 48 months, receive card a year later with 1y already counted toward citizenship

So you have no information to support that she did this or is even in Country?

[SingleDad2usc 71]

If she were not in the country, I don't think she'd be making threatening calls. And I did see her once. Alas, suddenly seeing and accomplishing service is worlds apart.

P.S. Mugging her could sure help!

Edited August 13, 2012 by SingleDad2usc

[SingleDad2usc 71]

Shows what an ignoramus I am. I deserve to be an illegal! If I only hooked that Versace pocketbook off her shoulder, I'd be legal by now. What a laughing joke our society has become...

[Boiler 45,486]

When did you see her?