Marriage Fraud and false domestic abuse charges after I-751 Filed

[kevdman 5]

Hi all,

A quickie time line to begin.

My wife and I met on line in 2006.

Met in person in 2007. Lived together abroad in 2009.

She came up Stateside on a K-1 in July 2010.

Married in Oct. 2010.

AOS/GC granted w/o issues.

Marriage hit the rocks in Nov 2012.

I left the house on Dec 1, the date of legal separation, and wife freaked out.

Even though I was living away from our home I came to the house every few days to gather clothes, do laundry, see the dog, etc. On Dec 17 we had a pretty harsh argument and she called the police. I waited around for a bit, but had to go to work. She had been placed on extended hold once the dispatcher found out there were no physical abuse issues.

On Dec 19 I came to the house to do laundry and pick up stuff. My wife was present and left the house to “walk the dog”. Upon her return she presented me with an Emergency RO. Police magically appeared at the door and I was promptly arrested and hauled off on charges of Domestic Violence and threatening Bodily Injury. She had filed both the RO and the DV charges after I had left for work on Dec 17. I had no knowledge of either. These charges were not revealed to me until I was in the holding cell at the local hoosegow. I was stupefied. I’ve never laid a hand on her, or anyone else for that matter, in my entire life. I have never been in trouble with the law. If I had been informed of the RO, I would have never come home on the Dec 19.

I made bail and lawyered up on Dec 20. I was fully compliant with the RO and No Contact order.

I and my legal eagles speculated on why she had gone to such extremes to lie to the police and DA. We deduced that she had decided I was serious about the divorce and had been ill advised by some immigrant friends of hers that the only way she could proceed with the ROC, due by May 5 2013, was to declare domestic abuse. Not to insult her, but she had not participated in any of the filings to date and had relied solely on me to do that stuff, (which, to this point at least, had gone swimmingly thanks to all of the advice I gleaned from Visa Journey!!!). She just did not understand any of the processes we had gone through to get this far with her immigration.

Long story short, I discovered that after I had left for work on Dec 17 she had physically banged her own head against the walls of our home until she became dizzy and fell to her knees. She then called 9-1-1 for an ambulance. The PD showed up first and that was when she accused me of hurting her. I also discovered that on Dec 20, two days after my arrest and temporary incarceration, she had travelled to LA to visit a man she had met on FB for a tryst. I came by this information via a little snooping around on my part, but it would be very difficult to prove any previous or on going relationship between them. As a result, I cannot say this affair did or did not have any influence on her decision to have me arrested with any degree of certainty.

We had a reconciliation of sorts in January 2013. I moved back in for a bit and we had the RO dropped and the No Contact order modified. I hired both divorce and criminal law attorneys for her to see that her rights were looked after. The divorce was put on hold because she stated she would again file charges of abuse if did not stop the action. She also told me she would do the same thing if I did not help her file the Joint I-751. The 90 day window for filing began the end of January. I complied on both of these due to the ongoing court case against me and my abject fear of being locked up again.

The Threat charge was dropped before the DA filed against me in criminal court on Dec 21. The DA chose to pursue only the DV charge. During the discovery phase we found that the medical records indicated “no visible signs of injury” and there was darn little other evidence against me. My attorney was very pleased with these findings.

The case was dismissed on April 26, 2013. We are again separated. I am continuing with the divorce. I cannot claim that she had married me fraudulently, but she sure as hell lied to the police and DA about the DV in order to not interfere with the I-751. She also blackmailed me into filing the I-751 and tried to blackmail me into not divorcing her. I believe I should stop the Joint I-751, but we are at least 6 months from the final divorce decree.

Here are my questions please:

1. At what risk am I if I continue with the Joint I-751 even though I know the divorce is imminent?
2. How do I change the application?
3. Is there a case for Fraudulent Marriage?
4. If so, how do I go about informing the USCIS/ICE of this charge?

I have not contacted USCIS at this point, so I am open to all or any advice. I do have a sworn affidavit from my wife stating she fabricated the entire DV story and some other minmal evidence.

What say ye sages of all things immigration?

Not in a million years did I expect my very first post at VJ to be about such egregious circumstances.

I thank you all in advance for your kind assistance.

Kevin

P.S. Please forgive me if I have posted this thing in the wrong forum. I really have never posted here, or anywhere else, before.

Regards,

K

[del-2-5-2014 1,339]

Your story hits home with me. I am truly sorry and it seems that you were setting up home with a Cobra.

Good luck and please be careful on what you post on here. Someone this dangerous and a pathological liar is one who cannot and must not be underestimated.

[Sweet dream 7]

Your story hits home with me. I am truly sorry and it seems that you were setting up home with a Cobra.

Good luck and please be careful on what you post on here. Someone this dangerous and a pathological liar is one who cannot and must not be underestimated.

I agree...be careful with what you post..she can use it against you...anyway I think you should stop with the process at the USCIS and contact them by phone about your situation...I think they have the best answer to you..because you wife cant get what she wants..she's a bad person and you need to make a decision...record your talks with her about she's making you proceed with the forms..then you can use it against her...anyways Good Lucky

[Hypnos 6,576]

Make an Infopass appointment at your local office and inform the officer that you are withdrawing your support of your wife's I-751 joint petition. They will probably have you sign something to that effect. She will still be able to file RoC by herself, but it will make things more complicated for her.

While at the Infopass you could ask the officer about your belief that your wife entered into your relationship solely for a green card. He may direct you to an ICE officer in the building or have someone come to talk to you about it.

Do not proceed with the joint filing. You owe it to your own dignity to stop endorsing her crimes and let her stand on her own two feet, come what may.

Edited May 5, 2013 by Hypnos

[NigeriaorBust 4,087]

Have you read the penalty for the USC who commits immigration fraud ? Playing along with a fake joint filing is fraud. If you have the money and don't mind the jail time knock yourself out.

[VanessaTony 3,567]

Here are my questions please:

• At what risk am I if I continue with the Joint I-751 even though I know the divorce is imminent?
• How do I change the application?
• Is there a case for Fraudulent Marriage?
• If so, how do I go about informing the USCIS/ICE of this charge?

I have not contacted USCIS at this point, so I am open to all or any advice. I do have a sworn affidavit from my wife stating she fabricated the entire DV story and some other minmal evidence.

What say ye sages of all things immigration?

Not in a million years did I expect my very first post at VJ to be about such egregious circumstances.

I thank you all in advance for your kind assistance.

1. You're lying to immigration, basically.

2. You don't change the filing, you write to USCIS and withdraw your support of the joint filing. She will get notification of this and be told she needs to change her filing method

3. Doesn't sound like your relationship is fake, but it does sound like she has no issue lying so... who knows

4. ICE information is at the bottom of the page.

When withdrawing your support you could send the evidence of the fake DV charges but really I think you need to show her the instructions for the I-751 (or her attorney would be safer) and show her that false abuse charges are NOT needed. In fact, I would explain to her that lying to immigration is worse. I would also tell her that you'll help her with the evidence of good faith marriage that she needs.

The divorce taking a while won't affect her either. She will need to submit the decree to get approved but this happens to plenty of people, it's not a big deal.

Mostly you need to 100% stay away from her. It seems she has no problem lying about you hurting her even when you're not there... I suggest you take out an RO against her as well.

[kevdman 5]

I agree...be careful with what you post..she can use it against you...anyway I think you should stop with the process at the USCIS and contact them by phone about your situation...I think they have the best answer to you..because you wife cant get what she wants..she's a bad person and you need to make a decision...record your talks with her about she's making you proceed with the forms..then you can use it against her...anyways Good Lucky

Thank you both very much for your advice. Honestly, I don't think she would have a clue as to how to navigate VJ if she had the aid of a GPS and a bloodhound. Advice much appreciated.

K

[kevdman 5]

Make an Infopass appointment at your local office and inform the officer that you are withdrawing your support of your wife's I-751 joint petition. They will probably have you sign something to that effect. She will still be able to file RoC by herself, but it will make things more complicated for her.

While at the Infopass you could ask the officer about your belief that your wife entered into your relationship solely for a green card. He may direct you to an ICE officer in the building or have someone come to talk to you about it.

Do not proceed with the joint filing. You owe it to your own dignity to stop endorsing her crimes and let her stand on her own two feet, come what may.

You know I tried infopass and the best avenue I could take was the "Information..." selection and my local office had not available appointments. I will make a call to USCIS Monday AM.

Advice much appreciated.

K

Have you read the penalty for the USC who commits immigration fraud ? Playing along with a fake joint filing is fraud. If you have the money and don't mind the jail time knock yourself out.

I have not read it, but your advice is well taken. I will look it up. Regardless, reading all of these responses have helped me decide to expose the isssues and report to USCIS.

Many thanks

K

[Hypnos 6,576]

They won't be able to do anything over the phone, you will need to make an Infopass appointment.

Keep trying, as new slots open every day.

[kevdman 5]

1. You're lying to immigration, basically.

2. You don't change the filing, you write to USCIS and withdraw your support of the joint filing. She will get notification of this and be told she needs to change her filing method

3. Doesn't sound like your relationship is fake, but it does sound like she has no issue lying so... who knows

4. ICE information is at the bottom of the page.

When withdrawing your support you could send the evidence of the fake DV charges but really I think you need to show her the instructions for the I-751 (or her attorney would be safer) and show her that false abuse charges are NOT needed. In fact, I would explain to her that lying to immigration is worse. I would also tell her that you'll help her with the evidence of good faith marriage that she needs.

The divorce taking a while won't affect her either. She will need to submit the decree to get approved but this happens to plenty of people, it's not a big deal.

Mostly you need to 100% stay away from her. It seems she has no problem lying about you hurting her even when you're not there... I suggest you take out an RO against her as well.

Excellent advice. I cannot begin to thank you. I will act on your recommendations Monday AM. My divorce attorney just happens to be an Immigration man as well. Time to vent my spleen to him i guess. God, I hate to think of the extra cost. But it will be worth it to stay out of jail. One night in the local joint was more than enough.

Many, many thanks

K

They won't be able to do anything over the phone, you will need to make an Infopass appointment.

Keep trying, as new slots open every day.

Oh, okay. I feel like a babe in the woods here. I really appreciate the help

K

[InHisTime 110]

Hi all,

A quickie time line to begin.

My wife and I met on line in 2006.

Met in person in 2007. Lived together abroad in 2009.

She came up Stateside on a K-1 in July 2010.

Married in Oct. 2010.

AOS/GC granted w/o issues.

Marriage hit the rocks in Nov 2012.

I left the house on Dec 1, the date of legal separation, and wife freaked out.

Even though I was living away from our home I came to the house every few days to gather clothes, do laundry, see the dog, etc. On Dec 17 we had a pretty harsh argument and she called the police. I waited around for a bit, but had to go to work. She had been placed on extended hold once the dispatcher found out there were no physical abuse issues.

On Dec 19 I came to the house to do laundry and pick up stuff. My wife was present and left the house to “walk the dog”. Upon her return she presented me with an Emergency RO. Police magically appeared at the door and I was promptly arrested and hauled off on charges of Domestic Violence and threatening Bodily Injury. She had filed both the RO and the DV charges after I had left for work on Dec 17. I had no knowledge of either. These charges were not revealed to me until I was in the holding cell at the local hoosegow. I was stupefied. I’ve never laid a hand on her, or anyone else for that matter, in my entire life. I have never been in trouble with the law. If I had been informed of the RO, I would have never come home on the Dec 19.

I made bail and lawyered up on Dec 20. I was fully compliant with the RO and No Contact order.

I and my legal eagles speculated on why she had gone to such extremes to lie to the police and DA. We deduced that she had decided I was serious about the divorce and had been ill advised by some immigrant friends of hers that the only way she could proceed with the ROC, due by May 5 2013, was to declare domestic abuse. Not to insult her, but she had not participated in any of the filings to date and had relied solely on me to do that stuff, (which, to this point at least, had gone swimmingly thanks to all of the advice I gleaned from Visa Journey!!!). She just did not understand any of the processes we had gone through to get this far with her immigration.

Long story short, I discovered that after I had left for work on Dec 17 she had physically banged her own head against the walls of our home until she became dizzy and fell to her knees. She then called 9-1-1 for an ambulance. The PD showed up first and that was when she accused me of hurting her. I also discovered that on Dec 20, two days after my arrest and temporary incarceration, she had travelled to LA to visit a man she had met on FB for a tryst. I came by this information via a little snooping around on my part, but it would be very difficult to prove any previous or on going relationship between them. As a result, I cannot say this affair did or did not have any influence on her decision to have me arrested with any degree of certainty.

We had a reconciliation of sorts in January 2013. I moved back in for a bit and we had the RO dropped and the No Contact order modified. I hired both divorce and criminal law attorneys for her to see that her rights were looked after. The divorce was put on hold because she stated she would again file charges of abuse if did not stop the action. She also told me she would do the same thing if I did not help her file the Joint I-751. The 90 day window for filing began the end of January. I complied on both of these due to the ongoing court case against me and my abject fear of being locked up again.

The Threat charge was dropped before the DA filed against me in criminal court on Dec 21. The DA chose to pursue only the DV charge. During the discovery phase we found that the medical records indicated “no visible signs of injury” and there was darn little other evidence against me. My attorney was very pleased with these findings.

The case was dismissed on April 26, 2013. We are again separated. I am continuing with the divorce. I cannot claim that she had married me fraudulently, but she sure as hell lied to the police and DA about the DV in order to not interfere with the I-751. She also blackmailed me into filing the I-751 and tried to blackmail me into not divorcing her. I believe I should stop the Joint I-751, but we are at least 6 months from the final divorce decree.

Here are my questions please:

1. At what risk am I if I continue with the Joint I-751 even though I know the divorce is imminent?
2. How do I change the application?
3. Is there a case for Fraudulent Marriage?
4. If so, how do I go about informing the USCIS/ICE of this charge?

I have not contacted USCIS at this point, so I am open to all or any advice. I do have a sworn affidavit from my wife stating she fabricated the entire DV story and some other minmal evidence.

What say ye sages of all things immigration?

Not in a million years did I expect my very first post at VJ to be about such egregious circumstances.

I thank you all in advance for your kind assistance.

Kevin

P.S. Please forgive me if I have posted this thing in the wrong forum. I really have never posted here, or anywhere else, before.

Regards,

K

I don't have any legal advises..... but I hope you could soon free yourself with this bad situation. While reading your story, I can feel how exhausted you are with all the awful events....it seems there are lots of selfish people exist in this world. All I can say, be humble and pray to God for His mercy. These things happening to you are only temporary. Pray that God would give you light.......and wisdom so that you find the best solutions.... Be safe and wise in dealing with her. I pray that you both could still talk with open minds and compassionate hearts to attain real peace...at least, for the sake of friendship. God bless you.

[kevdman 5]

Thank you for your kind words.

Have a good day

Kevin

[kevdman 5]

1. You're lying to immigration, basically.

2. You don't change the filing, you write to USCIS and withdraw your support of the joint filing. She will get notification of this and be told she needs to change her filing method

3. Doesn't sound like your relationship is fake, but it does sound like she has no issue lying so... who knows

4. ICE information is at the bottom of the page.

When withdrawing your support you could send the evidence of the fake DV charges but really I think you need to show her the instructions for the I-751 (or her attorney would be safer) and show her that false abuse charges are NOT needed. In fact, I would explain to her that lying to immigration is worse. I would also tell her that you'll help her with the evidence of good faith marriage that she needs.

The divorce taking a while won't affect her either. She will need to submit the decree to get approved but this happens to plenty of people, it's not a big deal.

Mostly you need to 100% stay away from her. It seems she has no problem lying about you hurting her even when you're not there... I suggest you take out an RO against her as well.

Thanks for your response again. During our temporary reconcilliation, such as it was, I did explain to her the conditions for filing the I-751, again. She seemed to be much clearer about the process, but she has been so hands-off of anything regarding the works of the entire immigration process she just doesn't seem to grasp the concepts. I did not see the ICE info that you referred to at the bottom of the page. Would you mind offering direction in this instance please?

Many thanks

K

[VanessaTony 3,567]

Thanks for your response again. During our temporary reconcilliation, such as it was, I did explain to her the conditions for filing the I-751, again. She seemed to be much clearer about the process, but she has been so hands-off of anything regarding the works of the entire immigration process she just doesn't seem to grasp the concepts. I did not see the ICE info that you referred to at the bottom of the page. Would you mind offering direction in this instance please?

Many thanks

K

"VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. "

[Brian1967## 119]

Hello...boy am I almost know it all on this topic, I to faced false domestic violence charges, this is the latest and greatest way to get a green card for a spouse that wants to screw over her USC husband/wife. Do not speak with her, do not be alone with her even for 5 min

Cancel your application ASAP otherwise you could be charged for FRAUD also, walk into the local office if needed and explain you have a emergency and you need to speak to a clerk, give them a letter, make them sign they got the letter. Then DO NOT GO TO the interview if you do you will be lying under oath. DO NOT DO THIS.

You should fight the DV charges to the hilt...it will effect you for the rest of your life, A DV conviction is like the black death of your life, if you want to bring someone from another country you will not be able to. It could effect future employment, fight this hard and if you have to drag her into court.

Also the affair you are talking about well that is not something that will keep her from adjusting status, it can make the interview a little uncomfortable for her though,

USCIS is stupid when it comes to fraud unless they have a email from the person commiting the fraud or someone admits to fraud well, it is not really provable, which is dumb, there can be a long line of little bits of evidence and they still want the "bullet" because if it gets in front of the IJ, USCIS has to prove marriage fraud, now for good moral character, she is a the VERY low end of the scale in my book.

To give you a hint I have had an ex that has tried to get a false Protective Order, A false restraining order, (swore out two false affidavits in a court of law, I have proof that she abused my teenage child and had a affair also ALL in WRITING and from official sources and my ex might get to stay in the country, what a laugh of immigration rules, I am not saying anything about your spouse but to find marriage fraud proof your going to have to dig into her life and I mean really dig, I discovered my ex's false domestic violence charges by accident, after the divorce was final

get the divorce first before she can get the DV put into the divorce decree, next fight the DV charges, then I will remind you ANY AND ALL USC's that have been dragged into court for the I864 have had one thing attached to them...yes you get it Domestic Violence, there are a few other cases out there but be careful, or you could lose a lot of money, And when you get that divorce attorney, be sure to get the GREAT WHITE shark that may not be good in court but knows how to litigate a case, go to mediation if you can and depending on what state you are in she may get nothing from what you owned before the marriage, also take her off all the bills and anything that will help her get a bonafide marriage, WARNING though if the marriage was in good faith at the time of the marriage, which mine was not, let it go,

The person that you see now is not the same person you married, no matter how much you want this, avoid any and all contact with her if you can. send me a private message if you need anything