I-864 Withdrawal and Separating from Wife

[VanessaTony 3,567]

Also you can change the locks and lock her out of thoe house, it JUST DEPENDS on the laws in your state, for human reasons do not lock her out as she will be on the street and this is never good, sleep on the couch to avoid any abuse claims, shower at seperate times to aviod her "abusing" herself and the calling police, I had to defened myself against false DV claim before it got to court it is not cheap and the emotional drain was almost unbearable. Please keep yourself safe your soon to be safe from harm and get her on the plane saftly and live your life.

Actually no he cannot. She has a legal right to the residence as his wife. If he changes the locks and does not give her a key, he is breaking the law. If he locks her out he WOULD be guilty of abuse. She would just have to call the police/sheriff to be let back into the house.

Until she moves out of her own accord, he cannot lock her out.

[Brian1967## 119]

Vannessa ...well I guess in my case it was different my wife had already attacked me, and I changed the locks that evening when she came home and could not get in I provided her a copy, at which time she awaited brit me to go to work and she cleaned the house out, then I locked Benoit and denied access, he is under fear of a nude claim ask ready, what should or can he do to avoid this problem, how fair is it to make him sit and wait? I mean is it fair to say he should protect himself? You give wise thoughts on this page. Help him please my experience is all negative fighting off false claims, I have no idea how to prevent them:)

[TonyGutierrez 2]

Also you can change the locks and lock her out of thoe house, it JUST DEPENDS on the laws in your state, for human reasons do not lock her out as she will be on the street and this is never good, sleep on the couch to avoid any abuse claims, shower at seperate times to aviod her "abusing" herself and the calling police, I had to defend myself against false DV claim before it got to court it is not cheap and the emotional drain was almost unbearable. Please keep yourself safe your soon to be safe from harm and get her on the plane saftly and live your life.

Two days ago she woke up me at 1AM. We had argued during the day about the divorce and how I had sent a cancellation/withdrawal letter to USCIS for her greencard. She hit me with a pillow while I was sleeping and I tried to get up, get dressed and leave the house. She continued pushing me, pulling me and holding my hands. At some point I removed her hands from mine and forced myself out the door. The next day she filed for Domestic Violence changes. I just got myself in trouble with this woman. I contacted a lawyer who's overseeing the case. I was not jailed as she filed a complain the next day. I'm just waiting for the District Attorney's office to decide where to file charges or not. It really upsets me that I believe all she wants is a green card which she can qualify for only if she was abused by her husband according to the VAWA(Violence Against Women Act)

[TonyGutierrez 2]

Actually no he cannot. She has a legal right to the residence as his wife. If he changes the locks and does not give her a key, he is breaking the law. If he locks her out he WOULD be guilty of abuse. She would just have to call the police/sheriff to be let back into the house.

Until she moves out of her own accord, he cannot lock her out.

She has moved out on her own and has filed a claim for domestic violence based on the fact that I took her hands off of my body and untied them from my hands as I was trying to leave the house. She was really aggressive a couple of nights ago and I wanted to leave. She's claiming domestic violence and I can't believe it. I have hired an attorney. I'm afraid of the following

-Jail time (how long)?

-Criminal record (can I expunge in Kansas)?

-Judge forcing me to support her even though she left on her own possibly to a shelter.

-Leaving my own apartment (I have a house in another state but I don't think the judge will giver her my house which I bought previous to the marriage)

-Losing my job

[VanessaTony 3,567]

She has moved out on her own and has filed a claim for domestic violence based on the fact that I took her hands off of my body and untied them from my hands as I was trying to leave the house. She was really aggressive a couple of nights ago and I wanted to leave. She's claiming domestic violence and I can't believe it. I have hired an attorney. I'm afraid of the following

-Jail time (how long)?

-Criminal record (can I expunge in Kansas)?

-Judge forcing me to support her even though she left on her own possibly to a shelter.

-Leaving my own apartment (I have a house in another state but I don't think the judge will giver her my house which I bought previous to the marriage)

-Losing my job

I'm sorry you're going through this. She knows what she's doing. Now she is going to try and get her GC based on abuse.

First, you need to 100% fight any charges of abuse. You need to fight any criminal record.

You have not been married long enough for her to be "given" the house or much of anything. But you need a good attorney (both family AND immigration) to deal with this.

You should not lose your job over this. The only time your job MIGHT be at risk is if you're given time in jail. If I were you I would speak to your supervisor or HR and let them know your wife, soon to be ex, is getting mean during the divorce process and making some false accusations. That you'll keep them in the loop of anything that may impact work.

This is exactly why a lot of us said stay away from her, move out etc... Don't be surprised if she gets her GC based on abuse. I also suggest you write to ICE (details at the bottom of the page) and let them know what's going on. It will be your only chance to tell them your side of the story before she tries to file her claim.

[Brian1967## 119]

Where is the contact information for ice?

[Merrytooth 5,748]

You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423.

http://www.ice.gov/exec/forms/hsi-tips/tips.asp

[Moomin 292]

While you can't just "return her", you can definitely cover and protect yourself - don't be alone with her. It's only my personal advise however I'd advise you to not move out of your own house - rather find a place for her. That might seem like a plan just to get away but it might also backfire in court. For all you know, she could claim you moved out and volunteered to cover her expenses because the separation/divorce was your fault. Wait until you get something any legal advise from a family attorney before taking action. Very soonish.

If you have anything joint, now is the time to reconcider if she needs access to it. Bank accounts, title of car/insurance. Basically anythiing you added her to. Not only will it protect you, it also ends the comingling of stuff - which is what she'll also needs if she is going to claim abuse(entered in good faith).

This guy (http://www.visajourney.com/forums/topic/414422-summons-after-withdrawal-of-i-864-from-district-court/

), I'm pretty sure suffered a financial loss. There is one more guy with a similar situation like yours however I cannot locate it.

[Boiler 45,522]

Do not rely on ICE to do anything.

[TonyGutierrez 2]

I have changed the locks on the house as she moved out the same day she filed the domestic charge complaint. I have a lawyer and if the complaint becomes a charge, I feel confident we can beat the charges. At this point, I don't care if ICE gets her out of the country or not. I just want to save myself and continue with my life. Being used by somebody else for their own evil purposes is bad especially when they want to get you in trouble. I feel innocent when it comes to the DV claim and I hope justice prevails. These people are leeches.

[TonyGutierrez 2]

A little update on my case.

1. She filed a domestic violence claim but it went nowhere at the DA's office since the evidence was lacking or not there. All she had as proof was marks on her wrists as I tried to get away from her.

2. I filed for divorce for publication because I have no clue where she is.

3. Her Green Card application has been denied because I withdrew the affidavit of support. I found out because I have the case number and you can check the status on the USCIS website yourself. I also put together paperwork with dates and everything and gave that to USCIS. I acted before she was granted a green card. The USCIS office will not give you a status update on the case but will take any paperwork from you which they can use for the case. I gave a file with evidence to a USCIS immigration officer and he included that in my future ex-wife's paperwork.

4. I'm not sure if she filed for VAWA but if she did, I may never know about it. As long as it doesn't affect me, I don't care what she does with her life.

[Hypnos 6,576]

By law USCIS cannot disclose any details with regards to VAWA filings to anyone other than the (self-)petitioner or their authorised representative, so unless (i) she tells you, or (ii) she tells a third party who then tells you, you won't be able to find anything out about it.

It sounds as though you're better off to be honest. You did it by the book.

Good luck to you.