FALSE FILING DOMESTIC VIOLENCE REPORTS (VAWA)

[geendee 0]

My fiancée came here in March 2010, Married in May 2010. She receives temporary GC in August 2011, She is verbally abusive, I found out she was using me for her card. Things came to screeching halt in February 2013, she spits on me, I move out and leave her in the home. We attempted to reconcile, however to no avail. She files a false domestic violence report, alleging she was punched 15 times. Its thrown out in court, no police report, no medical reports, simply not true, etc. Told court she never reported it as I threatened her. I moved out in February, she filed DV in April.

I file for divorce April 2013, her atty is claiming, I need to support her until she is credited with 40 hours of work. FYI, she is working. Divorce is still in process. She files for Removal of Conditions using a catholic charity claiming VAWA. So she gets a 1 yr extension.

Please I need all the help I can get. I am being taken for a long ride. What are my options?

Thanks you guys so much.

[kzielu 1,149]

What options are you exactly asking for ?

No, you do not need to support her, but you may be asked to repay US government is she becomes a public charge. If you want to make you don't get screwed during divorce, get an attorney.

[TBoneTX 45,273]

*** Thread moved from ROC forum to the Effects of Major Changes forum -- topic fits better there. ***

[belinda63 3,038]

Get a divorce attorney. This is no longer an immigration issue. There is no requirement for you to support her due to the affidavit of support. Unless the court orders alimony you aren't required to give her a dime. If you are giving her money, unless court ordered, I recommend you stop now. Have ZERO contact with her. I mean NONE. Do not call, write, text, go by, nothing.

I am not an attorney and am not offering legal advice. For legal advice seek a licensed attorney.

Attorneys do and will lie to benefit their client. Never take the advice or word of the other partied attorney.

Edited November 4, 2013 by belinda63

[NigeriaorBust 4,087]

Make an info pass appointment and ask to speak to the head of the fraud unit. Give them your data about the false abuse claim. Immigration doesn't take kindly to fasle reproting to other agencies. Do not expect to get updates on your report though

[Brian1967## 119]

Okay to anyone that reads this post your spouse can sue you in court in order to obtain support under the I864, this has been done before there are several states that use the I864 as a "bar" or line for support. I will tell you now these cases are VERY rare and not easy to bring and can be in courts for years. Op, please remember there are thousands of family based visa's applied for every year. And the federal cases are few and far between one of the last cases is "Greenleaf VS Greenleaf" (www.justia.com) (the back up to the cases it is from April 2011) Another case in Florida has stated that these cases fall under family law and should be remanded to the states courts. (Winters VS Winters)(www.justia.com) (April 2012 I think) now please note your spouse even if she puts the I864 in the divorce process, she can still sue you in federal court under the "Rooker Feldman Doctrine". I will take the stand with most on this site and say your spouse is trying to pull a major bluff to put the money squeeze on you for alimony. The primary function of the I864 is to allow the federal government to collect means tested benefits from the USC your spouse is a third party beneficiary of the contract and will have to take you to court to have her benefits put in place.

I have a post called.... http://www.visajourney.com/forums/topic/417935-getting-sued-using-i864/page-2#entry6627365 I also bumped it to the top of the page, there are some corrections from VJ members from my errors, please note this is not legal advice this is information

OP....Please think very carefully some of what you say may not "sing" so to speak. You married in 2010 and you are divorcing in 2013 well after the two year mark, there is really not much you can do if she has her 10 year green card my advice divorce and walk away, if you feel as though you are a victim of a fraud scam please read my post on how to report fraud to USCIS. Please before you do this if you think she submitted a false VAWA claim, you need to report this to FDNS, false claims choke the paperwork at the VAWA unit and the work very hard to sort out false claims. Have all of the papers from the court ready for the officer, bring PROOF not a emotional rant, you will look foolish to uSCIS. I will give you the link for reporting the fraud and how to do it

http://www.visajourney.com/forums/topic/439326-reporting-fraud-to-uscis/page-2#entry6627378

OP please read both links CAREFULLY from the start to finish and good luck

Edited November 4, 2013 by Brian1967##

[Brian1967## 119]

Op, also take Belinda's advice to the tee...no contact Also with the false abuse claims do not waste your time with ICE here is some additional infor

for you

Mission

FDNSs primary mission is to determine whether individuals or organizations filing for immigration benefits pose a threat to national security, public safety, or the integrity of the nations legal immigration system. FDNS officers are located in every USCIS Center, District, Field, and Asylum Office. FDNS officers are also located in other government agencies.

Supporting the USCIS mission, FDNSs objective is to enhance USCISs effectiveness and efficiency in detecting and removing known and suspected fraud from the application process, thus promoting the efficient processing of legitimate applications and petitions

http://www.uscis.gov/about-us/directorates-and-program-offices/fraud-detection-and-national-security/fraud-detection-and-national-security-directorate

Edited November 4, 2013 by Brian1967##