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Filed: Timeline
Posted
are you sure that it is still (if ever) good law that an annulment would have no effect on a VAWA petition?

Yes. And in a way kind of no. Everything has an effect on the petition. But is annulment a guaranteed bar to VAWA? No.

If you read the entire sentence in the paragraph I quote it continues to say "as long as it was related to the abuse'. If you are able to get an annulment based on fraud(of the alien) that will be taken into consideration, but so would a divorce on the grounds of fraud.

If you follow the VAWA thread youd have noticed Sandra was out a few days sick, is still recovering and Im sure is backed up with work. Lest us not forget she volunteers her time on here helping victims and a top priority is not settling hypothetical what ifs?

Anyway- shes addressed it many times before-

http://www.visajourney.com/forums/topic/315899-vawa-part-2/?p=5717159

http://www.visajourney.com/forums/topic/315899-vawa-part-2/?p=5537107

http://www.visajourney.com/forums/topic/315899-vawa-part-2/?p=5718235

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Regardless he is not eligible for an annulment and it is not recommended he try as they are difficult in his state and there was no misrepresentation before the wedding.

There was misrepresentation during the engagement and the dating period but she disclosed it all prior to the marriage and he went forward.

I do hope he stays safe and posts an update when appropriate.

Posted

The general consensus is "get out!" I concur! I agree with a post that questions the "rape." I would vacate the premises, quietly and let them have it while you start your life without the drama. With all this deception, I have seen other cases posted were the immigrant spouse began to use tactics to attempt to entrap the American spouse by claiming abuse and abandonment. It sounding like it's only just begun. Get your annulment and walk away. SHE will be responsible for her status and ultimate return home.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

If you think the brother is bad, just wait until the real husband shows up. Then you'll be sleeping in the downstairs closet while the illegals take over your house.

Were it myself I'd use some of my rainy day funds for an expedient... relocation... of the lot of them.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

Posted

If you think the brother is bad, just wait until the real husband shows up. Then you'll be sleeping in the downstairs closet while the illegals take over your house.

Were it myself I'd use some of my rainy day funds for an expedient... relocation... of the lot of them.

And how exactly do you propse he expediently relocate the lot of them? He is the only one that can actually relocate. Not him relocate them.

ROC Timeline!

Service Center : California Service Center

NOA2017-09-01

Biometrics : 2017-09-28

ROC Approved 2019-01-17

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

NPIW : 2015-06-11

AOS Approved : 2015-11-24

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

And how exactly do you propse he expediently relocate the lot of them? He is the only one that can actually relocate. Not him relocate them.

It's all a matter of finding the right person well versed in problem solving.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

Posted

It's all a matter of finding the right person well versed in problem solving.

Sounds criminal. Meeting criminals with crime may work but I don't recommend it.

ROC Timeline!

Service Center : California Service Center

NOA2017-09-01

Biometrics : 2017-09-28

ROC Approved 2019-01-17

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

NPIW : 2015-06-11

AOS Approved : 2015-11-24

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Sounds criminal. Meeting criminals with crime may work but I don't recommend it.

I'd certainly never suggest such a thing.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

Filed: K-1 Visa Country: Mexico
Timeline
Posted

UPDATE: Well I left Thursday for work and when I was driving back home she text me telling she needed some money. So instead of going home I went to my parents. Honestly I did not want to hear from her. And I did not want to get into a fight that would escalate. So I did not go home Thursday night. I spoke to her on Friday and she was mad, so I did not go home. On Saturday she is pissed I got a text demanding diapers and water (she like purified water), I did not respond. Sunday no communication. Monday, I tried to reach her no answer, Tuesday no answer.

Today gets interesting. I tried to reach her no answer. So I send her a text indicating that I will show up with my family. So I show up with my mother and brother. I decided to take them because I did not want to be alone with them.

Guess who I saw at the house. ...................The POLICE. She claimed (I think she got her legal skills increased by somebody). The brother was doing the talking since he speaks English. The police stated that she was making claims in the tone of abandonment, false imprisonment since she was under the threat of immigration.

The police separated us and I spoke with a younger cop (I asked him to speak with further away from the house so they could not hear) but he did not want to. I explained the situation and denied that I abandon them that, I simply did not want to get into a fight with them. I told her immigration issue and that she was smart enough to figure she needs a police report so she file on her own.

The police brought me inside, and of course the brother said he heard everything I said and denied that he threatened me. And we went back and forth on that issue. The Cop said something to the tone of that she could have drank from the tap. And that he looked at the refrigerator and did not see anything wrong.

So the brother at first said that they wanted to stay till tomorrow because they were having money wired back to them so they can go to Fresno. At the end he said that they wanted to stay till Saturday. The OLDER cop said that if has to come back for abandonment, threats that someone is going to jail.

I told him I would be leaving with my family.

I guess she is going to file a nice VAWA claim. But doesn't the fact that she lied about the kid and not listed on K1 mean anything? I guess she could always claim that I refused to put the kid in the K1 application.

Filed: K-1 Visa Country: Mexico
Timeline
Posted

TO ADD TO WHAT I JUST WROTE ABOVE. Believe or not I did believe in the rape story. There are reasons why. Maybe my problem is that I am a nice guy. I did think about turning in the brother before and getting a restraining order. But I did not I stalled on it. perhaps is the back of my head I was not psychologically ready to let her go, I guess I wanted the dream of a nuclear family to continued. I figured I should explain that to you guys. And believe or not I did develop deep emotions toward her. I guess I should have been stronger. And not been such a nice guy.

I did post questions above: " I guess she is going to file a nice VAWA claim. But doesn't the fact that she lied about the kid and not listed on K1 mean anything? I guess she could always claim that I refused to put the kid in the K1 application." Any thoughts will be appreciated.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

At this stage, you need the immediate and intense assistance of an aggressive divorce attorney.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Sorry to say... You [edited by VJ Moderation] set yourself up for her VAWA case.

You have been told over and over again here to act ASAP but you decide to be the frog siting in boiling water.

Oh well, good luck to you. She ain't going away without fighting

Post edited for language and returned to the thread, per above.

TBoneTX

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: K-1 Visa Country: Wales
Timeline
Posted

At this stage, you need the immediate and intense assistance of an aggressive divorce attorney.

He needed and was told that from the first posts.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

I am not wrong for stating the fact that he is "not smart". Call a spade a spade

He is setting himself up for failure.

Why ask for help here, when he had been told exactly what he needed to do but failed to do.

After that, come back crying for more help :rolleyes:

Reminds me of MCAT series.

Done with K1, AOS and ROC

 
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