Summons after Withdrawal of I-864 from district court

[rescuevj 0]

barely 7 months only.

Edited February 13, 2013 by rescuevj

[Brian1967## 119]

What ever you do DO NOT BE ALONE WITH HER ANYWHERE AT ANYTIME. You do not know if she has been coached on what to do. I am faceing similar situation as you with i864, lawsuits are rare and always involve two things abuse or adultery. I was only married for a year and she has threatened federal lawsuit, this is a contract between you and the government she third party beneficiary and brining lawsuit will be very difficult for her, do not divorce depending on you states laws file for annulment. Be careful and protect yourself if you threaten her immigrant status it is not that serious but do threaten her with any thing physical and I say as of right now NEVER BE ALONE WITH HER, all she needs is two min or less to say you hit her and then your screwed. Be careful and get good attorney, try to control your emotions, it was hard for me to do this and I had some slips but never threatened her physically.

What ever you do DO NOT BE ALONE WITH HER ANYWHERE AT ANYTIME. You do not know if she has been coached on what to do. I am faceing similar situation as you with i864, lawsuits are rare and always involve two things abuse or adultery. I was only married for a year and she has threatened federal lawsuit, this is a contract between you and the government she third party beneficiary and brining lawsuit will be very difficult for her, do not divorce depending on you states laws file for annulment. Be careful and protect yourself if you threaten her immigrant status it is not that serious but do threaten her with any thing physical and I say as of right now NEVER BE ALONE WITH HER, all she needs is two min or less to say you hit her and then your screwed. Be careful and get good attorney, try to control your emotions, it was hard for me to do this and I had some slips but never threatened her physically.

[erynaught 43]

They can only file for VAWA if they were abused. Did you abuse your wife?

No. They can file the VAWA if they can complete the paperwork. VAWA will be approved if they can convince the adjudicator that the abuse took place.

wowza - finally figured out how to quote a previous quote - simple things make me happy

[bestofboston 36]

Just curious on what country your spouse is from

[bigdog 376]

OP, fight this and fight it hard. Do not let this become a precedence. If you can afford an Attorney, get one.

Get on top of this agressively with an attorney.

[Harpa Timsah 13,258]

No. They can file the VAWA if they can complete the paperwork. VAWA will be approved if they can convince the adjudicator that the abuse took place.

wowza - finally figured out how to quote a previous quote - simple things make me happy

Yes, I can also apply to be the pope and for citizenship on the moon, but to do so would be fruitless. VAWA is for abused people, and the OP seemed to think that it was anyone's god-given right to live in the US through VAWA, which is not how it works. Mentioning they technically can apply even when they have no case seems to me like sheer pedantry.

[Villanelle 4,122]

Ok this makes a lot more sense now.

Since your wife came on the K1 visa and you married and filed AOS but have since withdrew your support and canceled the AOS, there is no way she can adjust status with out filing a VAWA claim.

Because you are stating there was no abuse in the marriage she would have to file a false claim of VAWA. Is she going to do this? I dont know. Has she already done this? I dont know. But it is the only way she can remain in the US.

She can divorce you, leave the US and return on another visa, but for her to remain here uninterrupted she needs to file VAWA.

Right now it appears your wife has moved out of the home. She has hired an attorney or got one from a legal aid service, and has served you with divorce papers. Shes asking for a lot in the divorce.

In a divorce either the two parties can agree to things and write a settlement agreement up and present it to the judge who signs off on it and makes it final or they dont agree and the each side presents a case to the judge who makes a ruling on each issue and whatever the judge decides is final.

In your divorce papers it will say what the issues are. From what you posted so far it seems the issues that need to be decided or negotiated are- spousal support/her living expenses, her legal fees, you didnt mention any joint debts or assets but its a standard thing that must be divided.

So you need to decide what is your position on the above. Most people here would say you have been more then generous (if not taken advantage of) in allowing someone who you determined had married you for benefits to live with you for a period of time after you discovered it.

Most people would also agree that the court is not going to award spousal support/legal fees to a spouse based on a short marriage for immigration benefits.

Youre also a bit off on the whole- "Spouses have the full right to live in this country becuase they can try to file for VAWA which is their right and they are in status again till the decision is made." That is correct. Aliens have the right to file a VAWA claim. But no one has the right to file a FALSE VAWA claim. That is an abuse of the system.

Your spouse has no grounds to pursue VAWA based on what youve said. She has no legal right to remain in the country. You would not be "acting like a angry spouse who wants my spouse out of this country" because she has no rights to live in this country.

Those statements and posts you read are about people whose spouses are greencard holders, and the USCs are mistakenly under the impression that when they divorce, the ex should be booted from the US. Thats not you. Or USCs who divorce/separate and the spouse has a legitimate claim of VAWA. Again, not you.

You have the right to insist that your spouse should not be here because she has no legal right to be. You should report the fraud to USCIS and have it attached to her A#, because thats all you can really do, so dont let it consume you. You can not stop her from filing a false VAWA, but you can make it more difficult for her to be approved. Like ruth posted, never be alone with her. There are no police reports and if youre never alone with her, there never will be any in the future.

Take a hard stance in the divorce. It was a short marriage. There was fraud involved. Her contributions were zero. You owe her nothing.

[Deep2009 18]

Like "ruth051948 " is telling you .... DO NOT BE ALONE WITH HER ANYWHERE AT ANYTIME

You should feel great after this advice.

[erynaught 43]

You cannot apply to be the Pope. Pope is elected by secret vote of College of Cardinals from amongst their own, who are themselves appointed to their positions. Follow current events - it'll be happening again soon.

Citizenship of the Moon would be cool - but until sovereignty issues beyond our planet are agreed upon, this won't be possible.

I agree that VAWA is important legislation and serves to protect abused people, but people can (and do) file VAWA petitions regardless of the legitimacy of their claims.

[Karee 4,190]

All I can add is, thank god this all happened before the I-1485 was approved. You dodged a bullet there. She's out of status now, and I'm sure this divorce lawyer of hers is filling her head full of all kinds of great outcomes while not taking her immigration status into account. Of course the judge should only order you to pay for a plane ticket so she can back to wherever she came from, but this is the U.S. and men generally get screwed in divorces, so who knows.

[erynaught 43]

Don't be threatened with a Divorce attorney going down the immigration path - they usually next to nothing about immigration.

[awesome87 0]

I am currently going through same situation...it was only three month marriage but she got her greencard and then i filed for annulment and she made counterclaims based on I-864 and then I filed for withdrawal of I-130 and I-864.

Now she has filed for pendente lite support and I am going through litigation.

Anyone if is there anyway I can deport her back to to her country. PLEASE ADVICE.

THANKS

[johna1 4]

Quite honestly, it is do depressing to hear story like this.. Unfortunately, there should be some sort of way to stop these roaches marrying the U.S citizens just to come over to the U.S. And after the get here, they soon depart to their ways and squeeze every little money out of you for bringing them to the U.S via court,etc.... It is so depressing. I have seen so many with my own eyes, and hearing of so many stories. I am pretty heartbroken, this needs to stop. I don't know how. What kind of world we are living in now. People go to any measure to obtain whatever they have set their mind, whether it be crooked ways or not.

[verysadguy 170]

So she has no VAWA claim and she is here illegally. It is not her right to be here just because she wants to. This is not your problem, as you cannot do anything about it, but it seems that you should understand that. How long were you married, a few months?

ANYONE has the right to make a VAWA claim. My ex lived in beautiful home with all expenses paid and called her lover in her home country everyday for our 6 month marriage. I DIVORCED HER, and she is still claiming emotional abuse. And the current laws of the USA are such that a VAWA claimant only has to prove his/her side of the claim. Good US citizens men or woman have almost no recourse to this. Not only should you get a divorce attorney, but you might consider sending a well written letter with evidence to USCIS with reference to the beneficiary's A# of your good intentions in marriage.

Also, in a divorce case the estranged spouse can ask for whatever they want whether it is a one day marriage or 20 years. A million dollars, support, custody whatever. I had a 6 month marriage that was a total scam, and it still cost me dearly.

Wise saying "There is no losing attorney in family law" (They get paid no matter what). However, on the immigration side you may have support risks and need representation.

[VanessaTony 3,567]

Marriage didn't work got seperated after 6 months of staying together and moved out of my house. I let my spouse stay at the house and payed all the utilties and gave $350$ each month for food and basics. I requested USCIS to withdraw my I864 and it was accepted. I get a summons from district court that my spouse wants spousal support based on the fact that I revoked green card and work permit.

1. They also included that I have to pay for spouses legal fees and living expenses.

2. Why is my spouse attornies coming so hard when I have been nice enough to let her stay in my house?

3. Please advice what arebthe legal ramnifications of withdrawing I-864? Is this considered ugly by local courts and cruel behavoir? I mean this is legal step given by USCIS to protect from a spouse whose goal is to marry for green card.

First. Summons is standard in divorce. She's filed for divorce so get an attorney who will answer most of these questions for you.

You didn't revoke "green card" you revoked your sponsorship (I-864) which resulted in the cancellation of her I-765 and her AOS application. She is presently out-of-status. Probably got a letter stating she has X number of days to leave and she's probably violating that.

1. This isn't an "order" it's a request for the court to order it. Most likely it will be denied because in most cases each spouse pays their own. Will depend on your state, judge and how good your attorney is.

2. Because she has no way to stay here and she's trying to milk you for all she can. If you have proof of your "spousal support" etc then send it. I will warn you though that by PAYING spousal support you may have made it look like you believe you owe her spousal support. Which you don't.

3. There aren't any. It is YOUR CHOICE on whether to support someone with the I-864. You chose not to. It's not considered ugly behaviour because you can't be ordered to do something when it's a choice that will endanger you. Plus by supporting her you're claiming the relationship is legit, which it isn't, so continuing would have been fraud. (make sure you tell your attorney to mention that continuing would be considered fraud).

As others stated, she is illegal here and her only recourse to stay is to accuse you of abuse so stay away from her without other people present. If you have evidence she used you for the greencard then send that evidence to ICE to protect yourself and let them do what they do. Don't try and play the "nice guy" card because you've already seen where that gets you.