VAWA, K1 Visa, Married after 90 days

[Boiler 45,525]

Getting an annulment with that history would be challenging.

[novedsac 355]

Are you concerned that she will file VAWA and cause you to lose custody?

VAWA, on its own, will have absolutely no impact at all on custody of the minor child.

[novedsac 355]

The VAWA law needs to change to be fair to the accused. Its is lopsidedly favoring the self-petitioner in many ways. And the standard for burden of proof is the lowest it possibly can be: any credible evidence. Outside of VAWA, in court and immigration, the burden of proof is "clear and convincing" evidence.

How is VAWA unfair to the 'accused'?

A VAWA filing/judgement, in and of itself, has absolutely no impact on the 'accused'.

[tringuyen 11]

VAWA is not easily obtained. Why are you worried about her applying for VAWA, didn't you file AOS after you guys got married?

I find it a bit strange that the judge would grant 50/50 custody if she was about to be out of status/already is out of status.

I feel like some information is missing. Are you concerned that she will file VAWA and cause you to lose custody? Or you want her out of the country? Elaborate please and please fill in the timeline.

How is VAWA not easily obtained? Do you know specifics of what standards are used and examples of someone getting and not getting a VAWA petition approved to clarify? I'm interested in knowing specifics.

I mentioned earlier, she filed AOS after we married in the US and she did not pass. I don't know the reason. Family court does not consider someone's immigration status when considering custody.

VAWA allows the alien to use the citizen/lpr spouse as a ticket to America and then throw more salt on his face by filing a false VAWA claim. Futhermore, the citizen/lpr spouse cannot even defend himself against such false allegations and he is labeled an abuser for the rest of his life with USCIS. The bar for VAWA "evidence" is the lowest it can possibly be: just "any credible evidence". Affidavits from anyone is good enough. And the affidavits can be lies. VAWA grants legal assistance to the accuser but not the accused. The accused is barred from any representation.

It's like being victimized and betrayed repeatedly by a thief with whom you thought was your friend and then by the US government.

Edited October 9, 2014 by tringuyen

[brownbella 13]

You have a 2 year old son, meaning you were together at least 2 years + 9 months of pregnancy. Let's round to 3 years...and she just recently defrauded you? I'm sorry to read the marriage didn't work out, but a 3 year+ relationship doesn't indicate fraud. Whether she files for VAWA is up to her, not you. I hope you can move on.

[TBoneTX 45,305]

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[tringuyen 11]

You have a 2 year old son, meaning you were together at least 2 years + 9 months of pregnancy. Let's round to 3 years...and she just recently defrauded you? I'm sorry to read the marriage didn't work out, but a 3 year+ relationship doesn't indicate fraud. Whether she files for VAWA is up to her, not you. I hope you can move on.

It's not a 3 year relationship.

1) 4 months of internet webcam , meet in person 2 weeks, got engaged

2) 9 months pregnancy. I moved back to vietnam when her dad threatened to abort the baby

3) Her mom pawned the engagement jewelry

4) Her mom said she didn't need money. she promised she would not sponsor her parents to the U.S.

5) She comes to US on k1. She brings up her family's poverty issues. in vietnam she kept it quiet and did not make any demands.

6) marry her after 4 months. She wanted $10k to send back to her family. her aunt wanted me to sign and notarize a document saying I abused her so she can have an easy road to VAWA after we marry.

7)after 2 months of marriage, she says she wants to sponsor her parents over. this is when I felt betrayed and defrauded (from point 4).

8) thought hard for 2 months. filed for divorce.

total: about 21 month relationship. Where I felt duped was point 7 and her saying her family doesn't need money.

Alright, i didn't want to go into that much details of my personal relationship. It seems only those who've been betrayed really understand.

I'd like her to get out of my life or at least live with some morals if I have anything to do with her. She uses the child support money for her herself and sends it back to her family in vn. I gave her the healthcare bill , which she should partially be responsible for but she refuses to pay.

[tringuyen 11]

VAWA, on its own, will have absolutely no impact at all on custody of the minor child.

Had i just kept the evidence...something for others to learn from my story is to keep the evidence. You just don't think about at the time.

[tringuyen 11]

It's not a 3 year relationship.

1) 4 months of internet webcam , meet in person 2 weeks, got engaged

2) 9 months pregnancy. I moved back to vietnam when her dad threatened to abort the baby

3) Her mom pawned the engagement jewelry

4) Her mom said she didn't need money. she promised she would not sponsor her parents to the U.S.

5) She comes to US on k1. She brings up her family's poverty issues. in vietnam she kept it quiet and did not make any demands.

6) marry her after 4 months. She wanted $10k to send back to her family. her aunt wanted me to sign and notarize a document saying I abused her so she can have an easy road to VAWA after we marry.

7)after 2 months of marriage, she says she wants to sponsor her parents over. this is when I felt betrayed and defrauded (from point 4).

8) thought hard for 2 months. filed for divorce.

total: about 21 month relationship. Where I felt duped was point 7 and her saying her family doesn't need money.

Alright, i didn't want to go into that much details of my personal relationship. It seems only those who've been betrayed really understand.

I'd like her to get out of my life or at least live with some morals if I have anything to do with her. She uses the child support money for her herself and sends it back to her family in vn. I gave her the healthcare bill , which she should partially be responsible for but she refuses to pay.

btw, she wants to entice me to have another baby to collect more child support. She wants to imprison me on false domestic violence claims. So I avoid any contact with her since about 2 years ago. I know this from what her landlord says since the landloard hears her phone conversations. I have my mom pick up and drop off my son.

Edited October 10, 2014 by tringuyen

[TBoneTX 45,305]

Good luck, friend. You might consider doing two things, if you haven't already:

1) Consult with a good divorce attorney who can give you tips on how to protect yourself (legally, and in general) throughout the years when you must continue to interact with your ex. If the attorney is also experienced in family law, perhaps there's a way to get the custody agreement revised in your favor.

2) Make an InfoPass appointment and speak with the FDNS officer. Explain your predicament, have as much evidence as possible available to hand over if it's asked for, and learn more about the various VAWA factors. It might be that even having your InfoPass appointment on record would be helpful later, if your ex tries something.

I think that this is just about all that any of us can suggest, as laymen. If you do learn something from the InfoPass appointment, let us know what it is.

[Merrytooth 5,748]

You have a 2 year old son, meaning you were together at least 2 years + 9 months of pregnancy. Let's round to 3 years...and she just recently defrauded you? I'm sorry to read the marriage didn't work out, but a 3 year+ relationship doesn't indicate fraud. Whether she files for VAWA is up to her, not you. I hope you can move on.

If you have bother to research OP's previous threads, OP filed for divorce after 4 months of marriage, so the fraud is not discovered recently.

Having a child together doesn't mean bona fide marriage, some use it as a way to tie other party down in the relationship.

And there are people who actually think that having a child could make a visa process go faster.

Yes, I'd like to know how is unlawful presence calculated. Here's the situation:

She came in on the k1 visa. We married about 20 days after her I-94 expired. We filed AOS (filed 485 and no 130) about 2 months after that. After 4 months of marriage, I filed for divorce. it's been 1.5 years since 485 was filed and recently, her 485 was denied.

So my question is, in this case, how is her unlawful presence calculated?

Tri

[verysadguy 170]

Had i just kept the evidence...something for others to learn from my story is to keep the evidence. You just don't think about at the time.

ALWAYS ALWAYS ALWAYS keep the evidence.

My ex begged me to delete all the letters and photos. NO WAY! Never. I have backups in triplicate. Sad part is the mountain of evidence I turned it was basically worthless as VAWA filers have all the advantage in the world over hapless USC sponsors. Total joke of justice.

[tringuyen 11]

I think filing for annulment instead of divorce would be the path to take, for others who are in this situation and have evidence.

Here are some tips:

http://voif.org/faq4/

[tringuyen 11]

ALWAYS ALWAYS ALWAYS keep the evidence.

My ex begged me to delete all the letters and photos. NO WAY! Never. I have backups in triplicate. Sad part is the mountain of evidence I turned it was basically worthless as VAWA filers have all the advantage in the world over hapless USC sponsors. Total joke of justice.

I agree. VAWA is lopsided. Why even have laws to protect the U.S citizen/lpr at all?