Abuse of Vawa Discussion - split off from specific case

[BBCC 16]

It seems unlikely that she is going to get VAWA relief.

This has to be the most naieve statement in this thread. Nothing could be further from the truth.

She can file them after the fact now that she is back in the US. You need to be VERY careful about this.

It would be a better world if that were true. Sadly, is very likely that she will get VAWA relief. No evidence whatsoever is needed to obtain relief. The best thing the OP could do is not only refuse any contact with her but disappear altogether. He will very likely be arrested on false charges if he does not. They will be needed to justfy her relief for a green card under VAWA. Grave felony misconduct by US LE is completely certain in his circumstances. I know of people who have gone to prison all by foreign spouses who use this nuclear option just to obtain status in the US by nefarious means.

Do NOT under-estimate how bad this situation could go. It has for many all due to the felony misconduct of both LE and judges in this country who ply their trade under VAWA. They earn BILLIONS of dollars in annual Title IV allotments by the number of cases they falsely adjudicate. They are rewarded handsomly for this universal criminal misconduct.

Be VERY, very careful and be grateful that there are no children involved in the dispute which would only makes matters even worse. I know of people who have been falsey convicted of felonies from this precise situation, now registering as sex offenders for the rest of their lives.

Never underestimate what someone will do to you in order to obtain a green card when that is their only option. This happens every day.

You need to seriously not only consider never being in contact with this person again but disappear altogether. You will not know about any VAWA criminal complaints against until the handcuffs are on you and it will then be too late.

The best protection you have if she has filed false charges against you is to remain out of reach of LE. They are far too lazy to find you. If you are not in their direct reach, they will not work very hard to find out. But once they have you, it's all over.

Trust me. Nothing I have written is any exaggeration whatsoever.

[verysadguy 170]

If she files Vawa you will never find out.The law prohibits USCIS to disclose with the "alleged abuser" about Vawa.

She probably will create a bunch of lies,and maybe have her GC approved, but no consequences for you regarding USCIS. But If she involves the police saying she was threatened,battered then you have to defend yourself,it's another story.

Stay away from her,do not meet her anymore, do not call her back either, if she lives a message.She might try to meet you, and call the police saying that she was battered, and then you will be in big trouble.

sandranj's advice is correct. Stay away from that woman.

And once VAWA is filed you will get ZERO from your very own government. I've contacted USCIS district director, special agents, ICE, FDNS, Congressman, Senators, the ombudsman, even the Vice President. I haven't even received a "thank you for your note we will investigate." NOTHING. Stay away from these men/women. They will do ANYTHING to get a green card including lying to put your sorry US Citizen butt in jail.

Remember, my ex begged me to let her stay for free in my house when she was set to show up for a child custody hearing. I said NO WAY and she said I was selfish. I found out the next day in court she was filing for VAWA based on emotional abuse. So, you see if I had let her stay in my house how she was setting me up? Then she ran off with her supporter from the Catholic organization helping her file VAWA.

Many of these VAWA applicants are completely unscrupulous and desperate. I simply do not believe that more than 10,000 visa applicants are abused annually. The fact that the number goes up year after year tells me only one thing...more and more stories of successful SCAMS for a green card are circulating around the globe so more and more SCAMMERS are finding it easy to come to the USA for FREE BENEFITS. US Taxpayes and lawmakers better wake the hell up.

Doesn't matter how your ex snuck back in to the USA, all that matters is you have no further financial obligations or ties to her. As for me, I have to put up with a sociopath for another 15 years so you are lucky...

As for the true victims either of real abuse or scams I feel sorry for you. This poster is off the hook and should just move on. Another scammer slipped through the system.

[bdawn 66]

I remember stories of people denied adjustment of status who went back home and came back to the US with re-entry permit or advance parole or something in that context somewhere in 2009-2010. While the U.S citizen spouses had withdrawn their Affidavit of Support, these people were able to pull the magic of VAWA to get their green card. One spouse reported on here that he met his ex one evening at the movies with a full-bloom green card after he had successfully withdrawn the Affidavit of Support. For whatever reason, something isn't right with the system. There are too many desperate unscrupulous attorneys out there willing to do anything to make money. Equally, there are too many non-profit organizations ready to file false VAWA claim to get green card for these fraudsters, and lastly, there are too many adjudicators who have purposely refused to use the brain God gave the rock to act on information provided by the U.S citizen spouse to deny these fraudsters the benefit they don't deserve. The U.S citizen spouse stands no chance stopping the fraudster from getting a green card. As ridiculous as this is, it is also the reality.

This has to be the most naieve statement in this thread. Nothing could be further from the truth.

She can file them after the fact now that she is back in the US. You need to be VERY careful about this.

It would be a better world if that were true. Sadly, is very likely that she will get VAWA relief. No evidence whatsoever is needed to obtain relief. The best thing the OP could do is not only refuse any contact with her but disappear altogether. He will very likely be arrested on false charges if he does not. They will be needed to justfy her relief for a green card under VAWA. Grave felony misconduct by US LE is completely certain in his circumstances. I know of people who have gone to prison all by foreign spouses who use this nuclear option just to obtain status in the US by nefarious means.

Do NOT under-estimate how bad this situation could go. It has for many all due to the felony misconduct of both LE and judges in this country who ply their trade under VAWA. They earn BILLIONS of dollars in annual Title IV allotments by the number of cases they falsely adjudicate. They are rewarded handsomly for this universal criminal misconduct.

Be VERY, very careful and be grateful that there are no children involved in the dispute which would only makes matters even worse. I know of people who have been falsey convicted of felonies from this precise situation, now registering as sex offenders for the rest of their lives.

Never underestimate what someone will do to you in order to obtain a green card when that is their only option. This happens every day.

You need to seriously not only consider never being in contact with this person again but disappear altogether. You will not know about any VAWA criminal complaints against until the handcuffs are on you and it will then be too late.

The best protection you have if she has filed false charges against you is to remain out of reach of LE. They are far too lazy to find you. If you are not in their direct reach, they will not work very hard to find out. But once they have you, it's all over.

Trust me. Nothing I have written is any exaggeration whatsoever.

[Terrrain1 0]

This has to be the most naieve statement in this thread. Nothing could be further from the truth.

She can file them after the fact now that she is back in the US. You need to be VERY careful about this.

It would be a better world if that were true. Sadly, is very likely that she will get VAWA relief. No evidence whatsoever is needed to obtain relief. The best thing the OP could do is not only refuse any contact with her but disappear altogether. He will very likely be arrested on false charges if he does not. They will be needed to justfy her relief for a green card under VAWA. Grave felony misconduct by US LE is completely certain in his circumstances. I know of people who have gone to prison all by foreign spouses who use this nuclear option just to obtain status in the US by nefarious means.

Do NOT under-estimate how bad this situation could go. It has for many all due to the felony misconduct of both LE and judges in this country who ply their trade under VAWA. They earn BILLIONS of dollars in annual Title IV allotments by the number of cases they falsely adjudicate. They are rewarded handsomly for this universal criminal misconduct.

Be VERY, very careful and be grateful that there are no children involved in the dispute which would only makes matters even worse. I know of people who have been falsey convicted of felonies from this precise situation, now registering as sex offenders for the rest of their lives.

Never underestimate what someone will do to you in order to obtain a green card when that is their only option. This happens every day.

You need to seriously not only consider never being in contact with this person again but disappear altogether. You will not know about any VAWA criminal complaints against until the handcuffs are on you and it will then be too late.

The best protection you have if she has filed false charges against you is to remain out of reach of LE. They are far too lazy to find you. If you are not in their direct reach, they will not work very hard to find out. But once they have you, it's all over.

Trust me. Nothing I have written is any exaggeration whatsoever.

What does LE stand for in "misconduct by US LE"?

[BBCC 16]

What does LE stand for in "misconduct by US LE"?

LE. Law enforcment. Police.

[Hypnos 6,576]

Sadly, is very likely that she will get VAWA relief. No evidence whatsoever is needed to obtain relief.

Do you think they hand green cards out like confetti at VSC? They just take people's words for it that they were abused, and be on their merry way? That's complete nonsense, and I question whether you actually believe what you're saying or are just trying to stir up trouble.

Any VAWA claim requires documentary evidence that the alien was abused. Police reports, restraining orders, photographs documenting physical injuries, psychiatrist reports documenting mental trauma, medical records, arrest records, etc.

Does VAWA fraud occur? Absolutely, as do many other types of immigration fraud within USCIS. They do not simply rubber-stamp every VAWA application with a green card though, and to suggest they do is infantile.

Edited June 18, 2014 by Hypnos

[BBCC 16]

Are you serious? How would that happen for example (even if I didn't do anything wrong)? Is that possible?

Someone I know in California split with his asian wife. She took their three year old with her.

Not wanting to be deported, she went into the local county prosecutor's office and walked out with a charge called Spousal Copulation filed against her husband. Look it up. Very popular tool of prosecutorial misconduct in the state of California. The astonishing difference between rape and Spousal Copulation? The state does not have to prove penetration or present any form of physical evidence. Solely on the accusers testimimony, they obtain a conviction. Macabre, to say the least.

After several years in prison, he now registers as a sex offender for the rest of his life and never sees his daugher again.

Yes. It is possible. Happens every day in this country.

Domestic litigation has been this ugly for a while. The need to preserve one's immigration status in the US has a lot to do with it. Everyone from the arresting officer all the way to the presiding crminal court judge have everything to gain professionaly by adjudicating it.

So, yes, I advocate being *very* careful in this situation.

Edited June 18, 2014 by BBCC

[TariesL 0]

You will be able to file for someone in the future but you will have a flag in your file for being an abusive spouse.

This surely can't be true?

If the USCIS aren't allowed to disclose VAWA case info, as per Sandranj's post - how would this then possible be part of the US citizens file, with a flag, alerting of abuse?

[Caryh 5,206]

Someone I know in California split with his asian wife. She took their three year old with her.

Not wanting to be deported, she went into the local county prosecutor's office and walked out with a charge called Spousal Copulation filed against her husband. Look it up. Very popular tool of prosecutorial misconduct in the state of California. The astonishing difference between rape and Spousal Copulation? The state does not have to prove penetration or present any form of physical evidence. Solely on the accusers testimimony, they obtain a conviction. Macabre, to say the least.

After several years in prison, he now registers as a sex offender for the rest of his life and never sees his daugher again.

Yes. It is possible. Happens every day in this country.

Domestic litigation has been this ugly for a while. The need to preserve one's immigration status in the US has a lot to do with it. Everyone from the arresting officer all the way to the presiding crminal court judge have everything to gain professionaly by adjudicating it.

So, yes, I advocate being *very* careful in this situation.

Spousal Copulation searched and there is no California law using such a term. There is Spousal Rape, California Penal Code 262 PC Spousal Rape, under which charges could be brought if he forced her to have sex by threatening her legal status in the USA, ie divorce and denial of green card. And they do have to prove sex occurred. I think your friend has filled your head with a lot of misinformation which you are now presenting as facts.

[BastillaShan 30]

I think your friend has filled your head with a lot of misinformation which you are now presenting as facts.

This thread is brimming with hyperbole.

[Caryh 5,206]

This thread is brimming with hyperbole.

I think many in VJ live on it.

[dwheels76 5,468]

I think many in VJ live on it.

I could use a hyperbole now. Oh wait we aren't talking drinking are we. My bad!!

[Caryh 5,206]

I could use a hyperbole now. Oh wait we aren't talking drinking are we. My bad!!

maybe I was

Hope everything is going good with you

[BBCC 16]

Do you think they hand green cards out like confetti at VSC? They just take people's words for it that they were abused, and be on their merry way? That's complete nonsense, and I question whether you actually believe what you're saying or are just trying to stir up trouble.

No, I do not think they hand out green cards on a whim. I am not at all suggesting what VSC will do with the VAWA complaint.

I'm referring to how the local courts handle VAWA complaints. Anyone can file a VAWA complaint in a local court. They don't need any evidence other than their word to obtain a restraining order. It is a very easy thing to do and there are plenty of agencies in every county of this county that earn big money from federal funds to assist with the process. THAT is who just takes people's words for it.

Is it possible to pursue cover under VAWA with VSC without having filed any relief under VAWA as a victim with a local court? Enlighten me, please. I don't see how though.

Edited June 20, 2014 by BBCC

[novedsac 355]

I'm referring to how the local courts handle VAWA complaints. Anyone can file a VAWA complaint in a local court. They don't need any evidence other than their word to obtain a restraining order. It is a very easy thing to do and there are plenty of agencies in every county of this county that earn big money from federal funds to assist with the process. THAT is who just takes people's words for it.

This simply is not true and demonstrates a clear lack of understanding of how restraining orders work.

Sure, a temporary protective order can be based solely on with word of the person requesting it. However, it is only temporary. Both parties must appear before the judge within a short timeframe to present evidence on making it permanent for some length of time. The person the protective order is being placed on has the opportunity to make the case that the TPO should be vacated. The only way it would possibly be based entirely upon the word of the victim would be if the accused's credibility was so bad and the accuser came across so believable , but in this situation the onus is upon the accused.

Also, VAWA petitions are not handled in Court. They are not a criminal or civil matter. They are purely administrative in nature only and are handled beyond the purview of the purported abuser. Now, many VAWA petitioners have DV cases which bolster their petition. However, it is possible, and has been done, to obtain VAWA relief without any criminal case on record.

Edited June 20, 2014 by novedsac