OH WHAT A MERRY CHRISTMAS

[Michael and Ganna 104]

I am shocked....some people need to grow up. Maybe you allowed yourself to be a victim.

[Mollie09 1,543]

She's filing for VAWA in 3, 2, 1...

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to Effects of Major Family Changes on Immigration Benefits- not an AOS process topic ~

[Villanelle 4,121]

Without a justified reason he cannot force her out of his home, He previously tried to file a restraining order on her, but I don't believe that the reasons were enough, and maybe it was denied. Because his home is her home, she can come and go as she wishes. They never had an abusive relationship, just a relationship built under the false pretenses of the wife.

Im talking abut filing for divorce.

Can I Throw my Spouse out of the House?

Yes and no. If your spouse agrees to move out, then the problem will solve itself. If that is not the case, then you may need to resort to other measures.

Unless there has been violence or a serious threat of violence in the relationship, the judge cannot exclude either spouse from the home without a hearing. After a temporary hearing, the judge will usually order that one party is to have the exclusive use of the residence and order the other party to move out.

Now of course there is no way to know which party will be granted the exclusive use of the residence during the divorce. He may be the one that has to leave. If it ends up that way then--(shrug). Everything will be settled at the end.

Who gets the house in will be determined by whether the house is characterized as community property or separate property. Separate property is property that a spouse obtained before marriage. (Im assuming since its been posted 'his house' that he obtained it prior to marriage...) So, if he had title to the house before the marriage, it will be his separate property. If the mortgage was paid using income earned during the marriage (community property), then she may be entitled to reimbursement for some or all of the money expended for the house.

Any way it plays out the end result will be the same. I just dont see the point in playing possum.

If she has any common sense she will consult with an immigration attny about her denial. They will advise her to refile with a divorce waiver. So a divorce may be looming... But what if she doesnt? What if she just chooses to stay out of status? She gets a NTA- ignores it- is found deportable... ICE isnt going to come get her, even if he calls them and asks them to. Hes just going to keep living with her? Ignoring the fact she scammed him? I dont know- just seems a little silly to me. But to each his own.

[Chris and ZhiJia 146]

Im talking abut filing for divorce.

Can I Throw my Spouse out of the House?

Yes and no. If your spouse agrees to move out, then the problem will solve itself. If that is not the case, then you may need to resort to other measures.

Unless there has been violence or a serious threat of violence in the relationship, the judge cannot exclude either spouse from the home without a hearing. After a temporary hearing, the judge will usually order that one party is to have the exclusive use of the residence and order the other party to move out.

Now of course there is no way to know which party will be granted the exclusive use of the residence during the divorce. He may be the one that has to leave. If it ends up that way then--(shrug). Everything will be settled at the end.

Who gets the house in will be determined by whether the house is characterized as community property or separate property. Separate property is property that a spouse obtained before marriage. (Im assuming since its been posted 'his house' that he obtained it prior to marriage...) So, if he had title to the house before the marriage, it will be his separate property. If the mortgage was paid using income earned during the marriage (community property), then she may be entitled to reimbursement for some or all of the money expended for the house.

Any way it plays out the end result will be the same. I just dont see the point in playing possum.

If she has any common sense she will consult with an immigration attny about her denial. They will advise her to refile with a divorce waiver. So a divorce may be looming... But what if she doesnt? What if she just chooses to stay out of status? She gets a NTA- ignores it- is found deportable... ICE isnt going to come get her, even if he calls them and asks them to. Hes just going to keep living with her? Ignoring the fact she scammed him? I dont know- just seems a little silly to me. But to each his own.

In his thread from last year he had already filed for divorce

[Villanelle 4,121]

Ah... I didnt see he had another thread- missed that part.

It still leads to some questions. He filed Sept '14. Is the divorce still pending? Why didnt he ask for a hearing to have her move out? I dont know maybe its just me but I cant imagine living with someone you know intentionally deceived you for immigration benefits for that long. Day to day living conditions cant be healthy.

On a separate note- the overall timeframe hes posted stinks. Her interview was Sept 16 2014. It took them until Dec 23 2015 to deny her!? (not a question-just a very sad observation on USCIS)

[Jawaree 717]

Sorry about all this dude, why do you continue to live in the same house,

to strengthen her vawa case ?...hope your Christmas is merry & bright.

[caliliving 606]

I may be confused here, with Christmas dinner and all, but it sounds as though the kids are living with him and as soon as she got her Conditional GC she basically left, and only stops by 3 days a week for 15min max? Because she had no idea it was 'conditional'. She didnt realize she had to stay married for the 2 years to get her permanent?

again, i could be wrong but i believe he stated something about that in the previous post he did a while back.

Therefore, she isnt living with him but her kids are?

Weird...

[caliliving 606]

FROM pervious post:

Well, today will be interesting. Again first thing she did was text me that we have an appointment and I replied back have a nice interview. It will be hard for her to create stories considering the last 1 1/2 years she only has been to the house in the morning for 14 to 15 per day and maybe 2 to three times a week. She was under the impression as long as we had a place together that meant we had a true bona fide marriage. The kids would only see her for 45 minutes to an hour a week. All well documented.

[FarrahIdir 46]

Oh this story is sad... I'm reading the other post. Now I understand why he feels this way. Sorry to the OP for having to go through this with her. Kharma won ......

[qtime 24]

To answer some questions, I do support her daughters 100 percent. Apparently people do not understand how the immigration process works. After serving my wife the papers and her not wanting to sign them and again with her telling me it all about hers kids. I decided to hold off and let the immigration process take it course.

The three girls are great, plus we do have our own daughter. My little one is upset at mom because for the past 2 years we have yet to spend more than a few hours a week at the house we moved to at her urging. Knowing that mom would leave her daughters alone I thought it would be better not to leave them and so they continued to stay with me and me providing them. Why should they pay foir what there mother does. I love them dearly so I decided why not let this run its course.

See if I did actually go through with the divorce then she could file on her own, because the divorce did not go through due to unsigned paperwork on her part I decided hey sooner or later the decision will come and then reality of the fact will hit her.

So by playing by the rules she can not challenge the decision or file with out my signature.The ruling is final now and she has no recourse because she failed to realize that she needed to be divorced and now that option is gone with this final ruling.

It is very said for the girls and our daughter, it is said when the little one ask why didn't mommy stay at our house when we moved I wished we did not move.

There will always be people to say I went around it the wrong way but I do feel her her daughters and our daughter, unfortunately if the divorce went through and she was granted a 10 year green card I would be on the hook for her and still am but she is the one with the deportation order not me.

Why not be patient and let her daughters see her mom in a true light than to cow tie and hand her a possible victory, why not let them ask her why I they were treated the way they have been for the last 2 years and let them see how much I loved them and how I have been there for them all along.

I did not ask to move she wanted to move and never once spent a night in the new house or at night with her daughters. Love is very strange do i hate her no I do not, but unfortunately she wanted to listen to her so called friends and decided they were right and I was wrong.

Over the past year since this ordeal started i was lucky to only see her 1 to 2 hours a week and that was mainly when I brought our daughter to see her at her place of work. Also, for me I did not have to deal with her and I let her tighten the rope herself.

For my daughter's sake I do not fight and I chill because that is what my little one tells me to do every visit. She will say daddy, remember mommy will try to get you uposet you just need to chill. no argue daddy. So, I do not argue and now it is time to move on knowing that the it was not me, I just let this run its natural course and by being patient I made sure there was no room for appeal.

In regards to VMA that is off the books. The three older girls signed letters stating that their mom only is at the house when they are there and very rarely when I am there. Secondly, it is on record that I never fought\, hit or did anything to her or the girls. I will say there mom brought them up to be truthful and honest and they them selves could never understand why their mom does what she does. So for you vma people sorry. It simple does not apply and because the final deportation order has been issued it can not be used. Look it up.

Edited December 25, 2015 by qtime

[FarrahIdir 46]

You have a good heart to look after them girls. Your deeds won't go unnoticed. I know a man who raised an ex's 2 kids cause she bailed. He remarried and his new wife and him raised the 2 and had 2 of their own. Mom never heard from again.

You're doing the right thing.... kids shouldn't pay for their parents short commings. Your little one will learn on her own, don't be the bad guy. I know first hand on this....

[qtime 24]

caliliving,

Why is it weird, did you not see that we have a daughter and she has three daughters so why would it be weird. She earns 9 dollars and hour and could not afford a place let alone qualify for any benefits.

She lives in her own reality and that she believes what other people tell her. She knows I will provide for not only our daughter but hers. What she did not understand and probably will never understand is that she had responsibilities and decided she wanted her freedom more than thinking about her own daughters.

I love my daughter 110 percent and I love her daughters and would never let anything happen to them regardless how I feel about her.

Since we are not divorced or legally separated and I have guardianship of the two since one is 20, wouldn't it be better that I continue to make sure they receive proper medical and dental care when needed. That they are able to attend school functions, I can not help that she choice to do what she did but I can certainly make sure they are well taken cared of.

Weird, no because she still considers this her house even though my name is on the rental contract and being married still I feel obligated to the girls.

[Villanelle 4,121]

Hmm well thank you for expanding on things. I dont have much time to post right now but I wanted to address something:

This part here:

See if I did actually go through with the divorce then she could file on her own, because the divorce did not go through due to unsigned paperwork on her part I decided hey sooner or later the decision will come and then reality of the fact will hit her.

So by playing by the rules she can not challenge the decision or file with out my signature.The ruling is final now and she has no recourse because she failed to realize that she needed to be divorced and now that option is gone with this final ruling.

Where on earth did you get that from? Its partly true (to my knowledge) So Im wondering if you can expand on that (sources/links) The part that is true is that to file 751 you either need to be doing it jointly or be eligible for a waiver. Since we are talking about the divorce waiver here- she would need the final decree to be approved.

But this part here- that option is now gone with this final ruling... Um no (atleast I dont think so) You may file the I-751 with request for waiver at any time before you are removed from the U.S. Is that the case here? Did she go to a judge? Was she deported/issue ordered? Is that why this has been going on since last year- because that does make sense.

[Dario2012 51]

caliliving,

Why is it weird, did you not see that we have a daughter and she has three daughters so why would it be weird. She earns 9 dollars and hour and could not afford a place let alone qualify for any benefits.

Absolutely no good can come from posting more private details of your life on this forum. It's no longer informational on USCIS matters what you're posting here. I'm not sure what your motive is or what you're seeking. Sympathy? A chance to gloat?

Move on dude and find better use for your time.