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Filed: Timeline
Posted

This forum needs a section on post visa situations to deal with the serious and common consequences of supporting your spouse or fiance in the US!

I used this forum to obtain a residency visa for my wife and eight weeks later she wanted to leave and take my son away to live with her wealthy relatives in another state. After I filed for divorce to stop her departure with my son she made domestic violence allegations against me and stopped me from seeing my son all together.

It can happen to anybody because the laws encourage this type of fraud! From federal to state to county!

Once the spouse arrives she will have a massive incentive to claim domestic violence and tarnish your future and your record!!!

1. She will get free legal services - there is a variety of free legal services and advocates for supposed "battered women" who will take her word for anything she says. A single fight involving raised voices or time away from each-other could very easily instigate this.

2. she will get free temporary housing, free interpreter services

3. she will get the sympathy of our courts and her own family against you

4. She will stop you from having contact with your child (because it gains her greater credibility as a victim of domestic violence). They will trust her more when she stops you from seeing them.

5. To qualify as a victim she only needs to say she is "afraid of you". There doesn't even need to be any physical contact.

6. You will be ordered to pay her legal fees on top of your own legal fees

7. You will be ordered to pay her temporary housing costs until the hearing, otherwise they will grant full custody to her and allow her departure with your child

8. Local courts are inundated with domestic violence cases in family law and the due process is totally circumvented.

9. If your wife goes the simplest route in her attack against you she will go the ex-parte route and be encouraged to produce factual evidence against you with her mere accusation and that fact is recorded in your permanent civil record and used against you in future hearings. It will cost thousands of dollars just to refute it and it is likely not possible to have it overturned. My wife didn't even do this but she could have with just a bus ride downtown and an hour of her time and her signature.

10. The judge will believe her without even a shred of evidence that you have done anything and you will be treated like an abuser!

11. If her residency visa is conditional then she will almost automatically obtain non-conditional status and be immune from deportation. (my wife still doesn't understand that I have her non-conditional permanent residency so it didn't apply to her. She did this anyway and read it in some forum online).

12. She will take child support from you, daycare costs, and the state will gouge you for reimbursement when she gets health and welfare services.

13. She will have little incentive to find work and will get more money from you when she turns down opportunities. This is what happened in my case. She still refuses to find work and can live off child support and welfare.

14. I was reading these warnings just 3 months ago and thinking they don't pertain to me because we are in love, have a real relationship, and have a child together. But these dangers apply to every man in every visa situation!

15. She will do this because she knows she can. All this information is right here on this site and all across the web. She will get advice from family and friends and read up on it. She will know these strings can be pulled by her at whim.

16. She might not do this as her primary intention but she will likely use this as her backup plan in case she gets bored or feels lonely or decides to leave. ( that's what happened in my case).

17. Human nature, and female nature is to take the path of least resistance. IF she knows of this option then she will consider taking this path. If she considers taking this path then she probably will. And it will ruin your family, your finances, your reputation, your life.

I have a stable job, am an experienced parent of 15 years and have primary custody of my 14 year old daughter, and have never had any record or ever used abuse against any woman. I have an Ivy-league educated attorney with 15 years experience in family law and a $4000 retaining fee. He is very reputable and intelligent and is also amazed at how the legal system has completely failed. Now my ex is taking my son away and I must pay her to do so meanwhile I am ordered to pay thousands for a mental health exam, a domestic violence exam by a psychiatrist, endure DV treatment and anger management, pay for GUT evaluations of both my wife and my own family, and pay my wife's attorney fees as well as my own costing me every penny of savings and much much more. I am totally broke and the courts are demanding many thousands more from me.

Danger men! at VERY BEST you will be sitting on a ticking time-bomb when you obtain your foreign wife's/spousal visa. You will likely be held captive by her and she can control you with this.

Just months ago I was reading these warnings and thinking they dont really apply to me. Now I have lost everything!

If you are already in this situation then I recommend you get an ex-parte restraining order against her as soon as possible! This will be your only credible defense when she does it to you.

Good luck! You're gonna need it along with about $30,000-$50,000 in legal fees!

Posted

I'm sorry to hear you've had such an awful time.

Having a forum section dedicated to such things may be difficult, though, as as you point out - where fraud is involved/difficult divorce/child custody - it quickly enters legal realms that this forum cannot deal with nor advise on easily.

No need for the sexism, by the way. :) Men commit visa fraud, also.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Posted

Here is the forum you are looking for. http://www.visajourney.com/forums/forum/127-effects-of-major-family-changes-on-immigration-benefits/

I will request it be moved there.

If the claims against you are indeed false, it will come out soon.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted (edited)

I will request it be moved there.

Moved from IR-1/CR-1 Process & Procedures.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Posted

Sadly, that is true. My lawyer proved and my "soon to be ex" in essence agreed her accusations were false yet the restraining order was approved. Because of some apprehension on her part towards me...I should have represented myself and saved my money. Thank GOD I had not sent in the AOS paperwork, we were going to.

Filed: Timeline
Posted

Hmm interesting post... however your opening statement- visa situations to deal with the serious and common consequences of supporting your spouse or fiance in the US- and the concept that domestic violence allegations are primarily made by aliens against USCs. Nonsense. You run the risk in any relationship of hooking up with a nutcase or an abuser. Domestic violence does not discriminate. It can be a USC against a USC or an alien against a USC or vice versa. An alien can scam and abuse a USC just as easily as the other way around.

Youre basically saying be careful when you marry a foreigner because they may scam you/slap you with false DV/divorce you/take all your money- But surely that never happens in cases of USC to USC marriages. They always divorce smoothly and there are never claims of false DV issues or legal battles.

Filed: Timeline
Posted

Oh well...Another one bites the dust

they really should have a thread just with

warnings, how to sit up & take notice B4

bringing someone, how to do background

checks on your own if the person is playing

with a full deck...just too many of these

situations...talk about Border Security.

Dude try to get visitation with your kid & move on

Posted

I'm sorry about your troubles and hope you get primary custody of your son.

I guess what I don't understand is that we have a whole big topic about people applying to VAWA, which takes a LOT of time and hard to prove unless you have actual evidence like pictures, police involvement, arrests, etc etc. I see it can take a couple of years to get approved...so why is a situation like this with no actual evidence just put through with no issues?

OP, I know you're going through a lot, but please don't blanket all foreign spouses as you did. We are all human and we all deserve the benefit of the doubt and not have judgment based on our citizenship status or gender. I do think people who go to third world countries need to be very careful because there is so much fraud. When you only visit the person once or twice and get engaged after only a few months of knowing each other, I think it's a little crazy because of the problems that occur...we see it every day on this forum, unfortunately.

Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

Filed: IR-1/CR-1 Visa Country: Germany
Timeline
Posted

Danger men! at VERY BEST you will be sitting on a ticking time-bomb when you obtain your foreign wife's/spousal visa. You will likely be held captive by her and she can control you with this.

Lol now that's pretty dramatic isn't it?? I'm sorry about the situation you are in but this one made me laugh and had to let the husband know right away cause yay I can control him, good to know lol (sorry had to say it)

Posted

I think if we can learn anything from this it is to get to know the person you're marrying before you marry them, or date them, or trust them at all. This is a very unfortunate situation, regardless.

01/24/2015: Green Card / 2 Year Permanent Resident Card received.

12/05/2016: Filed I-751 Removal of Conditions.

12/24/2016: NOA1 received. 

01/09/2017: Biometrics Appointment.

11/10/2017: I-751 approval letter received (No Interview Required)!!

11/30/2017: 10yr Green Card produced & mailed.

Filed: Country: Colombia
Timeline
Posted

Time to remove the proverbial "Rose Colored Glasses" with relationships either the fiance is from US or another country, learn from lifes experience and know that you need to move on and you and life will move on after the dust settles with this current circumstances that you landed into. Been there and done that.

Sounds like you have a good attorney so just navigate through the legal system as best as you can and gain as much custody and involvement with the child. If you approach this with integrety it will all come clean in the wash. A comment I heard years ago when I decided to get into another relationship was "Pick wisely and treat right", but even best intentions well...........it takes two people to make a relationship work.

Prayers to you on this Thanksgiving Day.

--------------------------------K-1----------------------------
October 1, 2011 Mailed I-129F Application
October 7, 20122 Notice Date of NOA 1
February 15, 2012 Received Hard Copy of Approved NOA 2
March 8, 2012 Rec email Pacs 3/4 US Embassy in Bogota
March 29, 2012 Scheduled Interview
June 7, 2012 Interview APPROVED!

------------------------------Arrival @ LAX-----------------------------
July 27, 2012 Arrived POE @ LAX
October 21, 2012 Married (L) (L)

------------------------------AOS----------------------------------
April 20, 2013 Mailed AOS package

April 29, 2013 AOS NOA

May 22, 2013 Biometric date

June 7, 2013 NOA, rec. interview date for 7-16-13

June 18, 2013 EAD/AP Approved

June 29, 2013 Rec. in mail EAD/AP combo card

July 8, 2013 AOS process on HOLD, interview canceled unsure.png as wife returned to Colombia on medical emergency!

Oct. 17, 2013 AOS Interview re-schedule to November 20, 2013

Nov. 1, 2013 Rec. Notice from USCIS that 11-20-13 interview "due to unforseen circumstances" has been CANCELED. girlwerewolf2xn.gif

December 18, 2013 Rec. notice that AOS interview has been re-scheduled for January 17, 2014 (we will see)

January 17, 2014 Interview and AOS was APPROVED! dancin5hr.gif

January 27, 2014 Received GREEN CARD in mail! kicking.gif

-----------------------ROC----------------------

December 23, 2015 ROC Mailed I-751 to CSC

December 30, 2015 ROC NOA1

January 25, 2016 ROC Bio appointment

May 26, 2016 Approved!

June 4, 2016 - Received 10-year PERMANENT RESIDENT CARD in mail! :thumbs:

-----------------------CITIZENSHIP------------------

November 16, 2016 Mailed

November 19, 2016 NOA date

December 13, 2016 Biometrics

Filed: K-1 Visa Country: Russia
Timeline
Posted

Hmm interesting post... however your opening statement- visa situations to deal with the serious and common consequences of supporting your spouse or fiance in the US- and the concept that domestic violence allegations are primarily made by aliens against USCs. Nonsense. You run the risk in any relationship of hooking up with a nutcase or an abuser. Domestic violence does not discriminate. It can be a USC against a USC or an alien against a USC or vice versa. An alien can scam and abuse a USC just as easily as the other way around.

Youre basically saying be careful when you marry a foreigner because they may scam you/slap you with false DV/divorce you/take all your money- But surely that never happens in cases of USC to USC marriages. They always divorce smoothly and there are never claims of false DV issues or legal battles.

I agree...

This situation can happen just the same with a USC marriage...

Filed: IR-1/CR-1 Visa Country: England
Timeline
Posted

It sounds like you've been taken for a ride and you have my sympathy, I hope you get visitation but seriously

"Danger men! at VERY BEST you will be sitting on a ticking time-bomb when you obtain your foreign wife's/spousal visa. You will likely be held captive by her and she can control you with this."

I know this wasn't meant to be funny but I nearly coughed up the tea I was drinking as I read it. There is no need to be so over dramatic or to tar all foreign wives with the same brush!

My blog about my visa journey and adjusting to my new life in the US http://albiontoamerica.wordpress.com/

Posted

It sounds like you've been taken for a ride and you have my sympathy, I hope you get visitation but seriously

"Danger men! at VERY BEST you will be sitting on a ticking time-bomb when you obtain your foreign wife's/spousal visa. You will likely be held captive by her and she can control you with this."

I know this wasn't meant to be funny but I nearly coughed up the tea I was drinking as I read it. There is no need to be so over dramatic or to tar all foreign wives with the same brush!

I quite enjoy the idea that I'm a ticking time bomb. Should ensure he makes me tea every morning, just in case.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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