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Posted

I FEEL BAD FOR THE CHILD :cry:

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

Filed: Citizen (apr) Country: Hungary
Timeline
Posted (edited)

I'm thinking he was in a rush to fill out part of his profile. His city is listed as El Paso, but the State is Tennessee. Nowhere in Tennessee is there a city/town/municipality called El Paso. Incorporated or Unincorporated.

I suspect he is from Texas.

Good catch.

http://www.divorcenet.com/resources/annulment/annulment-basics/texas.htm

In TX if he continued living with her after fraud was discovered (IMHO, no fraud in this case anyway) then no annulment on that basis.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Posted

I FEEL BAD FOR THE CHILD :cry:

I do as well. Hopefully his parents can one day be civil to one another. Obviously they arent in a healthy relationship with each other. I get the feeling he will lose one parent or the other by the end of this.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: Citizen (pnd) Country: Morocco
Timeline
Posted (edited)

Good catch.

http://www.divorcenet.com/resources/annulment/annulment-basics/texas.htm

In TX if he continued living with her after fraud was discovered (IMHO, no fraud in this case anyway) then no annulment on that basis.

Annulments are very difficult to obtain in Texas unless bigamy is involved. Normally the #1 reason a annulment is granted in Texas.

Then even if granted a Annulment, the record still shows in Country Clerks office, you have to petition the court to remove it.......

Edited by Beth & Achraf

 

Formally Known as Paris Heart   A long, long time ago       france paris GIF

 

 

N-400  APPLIED FOR CITIZENSHIP:    Interview will be Houston Tx office.

Mailed:  11/13/2023

Delivered to USCIS Lock Box:  11/15/2023

Credit Card payment processed:  11-16-2023

Received Receipt #   via Text:  11-17-2023

I-797C Receipt received:  11-27-2023

Biometrics  will be reused per letter: 11-27-2023

 

 

 

 

 

FILED  AOS FROM AN EXPIRED VISITORS VISA:

 

Sent: 9/12/16: I-130 + I-485 + I-765 (USPS)

Delivered: Sept. 15th 2016 to Chicago Lock Box

Interview Feb  21st, 2018 for I-485

Interview  May 13th, 2019 for I-130 Stokes interview ( 2 minutes)

NOID issued May 17th 2019

June 5th,2019   USCIS received my response on the  NOID// Addressed the NOID myself, No lawyer ever used in case.

July 1st, 2019  10 YEAR GREEN CARD APPROVED

July 5th, 2019   Approval letters for I-130 & I-485 received in the USPS  mail.

July 11th 2019   Green Card in Hand

 

 

 

 

     happy tom and jerry GIF

 

 

Filed: K-1 Visa Country: Senegal
Timeline
Posted

Absolutely yes !

We are all responsible and must be accountable for our choices in a spouse, it's not Uncles Sam's job.

Sometimes it works out and sometimes it doesn't, such is life but we have to suffer the consequences for our choices

and not look for the government to meddle more than they do already.

People complain because the visa journey is too slow and then when things fall apart they can't wait for the spouse to be

deported fast enough. Get to KNOW someone before you even think marriage.

Let immigration handle her, get off the vengeance train and take care of your son who also still needs his mother.

I feel sorry for the child who did not asked for any of this.

Maybe she had the STD before you and did not want you to know which is just as bad but a possibility, some STD's

can manifest years later in life especially after a stressful event (herpes for example can be dormant for years).

If you are sure she cheated then divorce her, she can't adjust status.

That's great advice !!! We need to be personally responsible for our actions and vengeance is not the best route, in the end you only hurt more. At this point, I think if he is concerned for the best interest of the child, he would want her to stay, kids definitely do better with both parents. I'm really sorry that happened to him but causing more pain in the situation is not the thing to do. Good luck

Filed: Timeline
Posted

Harmonia you said, "trying to have her deported is futile and can be seen as a form of abuse and control, if you refuse to do AOS for her.". There is no provision in the Immigration Law for what you said. To fall under emotional abuse the abuser must follow a pattern of humiliation, degradation, intimidation, threats, coercion, control etc, and not just one isolated incident.

FORMS OF ABUSE
Abusers use many tactics to establish and retain control over their victims. While in some cases only one
instance of abuse will be sufficient to establish a case of extreme cruelty, other situations may require a
victim to establish that many different acts, when examined collectively over a period of time, constitute
extreme cruelty. Extreme cruelty can include the following conduct:
 Intimidation and degradation;
 Economic and employment-related abuse (such as forced labor or unemployment);
 Social Isolation;
 Sexual Abuse, which includes rape as well as other forms of sexual behavior;
 Immigration-related abuse;
 Possessiveness and harassment.
IMMIGRATION-RELATED ABUSE When immigration related abuse is present in a relationship it is a key indicator of extreme cruelty.76 Abusers of immigrant women often threaten to report their victims to the immigration authorities.77 When immigrant women are dependent on their partners for legal immigration status, are undocumented, or have a vulnerable non-permanent immigration status,78 the power of immigration related abuse is accentuated.79 Immigrant women are placed in the untenable position of having to choose between living with ongoing and escalating abuse or taking action to stop the abuse and risking deportation. Others believe that they will be turned away from help by social services, health care and the justice system because they are noncitizens.80
Filed: Timeline
Posted

She may provide wonderful attentive care to her child while also visiting other men's beds, yes. They are not inclusive. Also I did not say it makes her a good mother but it does not necessarily make her a bad one either.

Clearly you have zero idea of what feminism is.

Exactly. Think about domestic violence cases. In my state, case law proves that the interest of the child is almost always maintaining the relationship with the father even when he's perpetrated violence against the mother. In other words, a father abuses the mother but maintains joint custody and visitation with his child because that's seen as the best interest of the child.

If abusing the mother doesn't automatically make someone a bad father, than cheating definitely doesn't automatically make someone a bad mother.

Filed: Timeline
Posted
FORMS OF ABUSE
Abusers use many tactics to establish and retain control over their victims. While in some cases only one
instance of abuse will be sufficient to establish a case of extreme cruelty, other situations may require a
victim to establish that many different acts, when examined collectively over a period of time, constitute
extreme cruelty. Extreme cruelty can include the following conduct:
 Intimidation and degradation;
 Economic and employment-related abuse (such as forced labor or unemployment);
 Social Isolation;
 Sexual Abuse, which includes rape as well as other forms of sexual behavior;
 Immigration-related abuse;
 Possessiveness and harassment.
IMMIGRATION-RELATED ABUSE When immigration related abuse is present in a relationship it is a key indicator of extreme cruelty.76 Abusers of immigrant women often threaten to report their victims to the immigration authorities.77 When immigrant women are dependent on their partners for legal immigration status, are undocumented, or have a vulnerable non-permanent immigration status,78 the power of immigration related abuse is accentuated.79 Immigrant women are placed in the untenable position of having to choose between living with ongoing and escalating abuse or taking action to stop the abuse and risking deportation. Others believe that they will be turned away from help by social services, health care and the justice system because they are noncitizens.80

Oh my gosh. Please do not argue with Sandra about immigration law. She is a VAWA attny and donates her time posting here to help others. So FYI. The content you posted above is from legal services and the chapter starts by stating it provides practical tips.It is not the actual case law. And none of it contradicts what Sandra stated. For that to fall under emotional abuse it would have to be part of a larger pattern. It can not be the only one thing.

This is the pertinent part of the case law-( 8 C.F.R. § 204.2©(L) )

(vi) Battery or extreme cruelty. For the purpose of this chapter, the phrase "was battered by or was
the subject of extreme cruelty" includes, but is not limited to, being the victim of any act or
threatened act of violence, including any forceful detention, which results or threatens to result in
physical or mental injury.
Psychological or sexual abuse or exploitation, including rape, molestation,
incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
Other abusive actions may also be acts of violence under certain circumstances, including acts that, in and
of themselves, may not initially appear violent but that are a part of an overall pattern of violence.
The qualifying abuse must have been committed by the citizen ..., must have been perpetrated
against the self-petitioner ... and must have taken place during the self-petitioner's marriage to the
abuser.
So it is technically one "act" resulting in injury. Psch abuse and sexual abuse is considered an "act". Other actions may be "acts" if its part of a pattern among other things. Immigration abuse falls into the 'other' category. The case law is very complex. This is not really the place to get into it.
Filed: Timeline
Posted (edited)

Oh my gosh. Please do not argue with Sandra about immigration law. She is a VAWA attny and donates her time posting here to help others. So FYI. The content you posted above is from legal services and the chapter starts by stating it provides practical tips.It is not the actual case law. And none of it contradicts what Sandra stated. For that to fall under emotional abuse it would have to be part of a larger pattern. It can not be the only one thing.

So it is technically one "act" resulting in injury. Psch abuse and sexual abuse is considered an "act". Other actions may be "acts" if its part of a pattern among other things. Immigration abuse falls into the 'other' category. The case law is very complex. This is not really the place to get into it.

You're right. A DIY forum isn't the place to get into it. What troubles me is that any licensed attorney, in my opinion, should (and would) be quick to refer a potential victim to an actual agency for assistance. Every case is different. Every case needs to be evaluated on its merits and the particular facts of the case.

I often see Sandra post blanket statements, which is understandable because she isn't privy to the facts of the case. Its wonderful she helps people online. But I think its more productive to provide referrals to legal services or domestic violence agencies that have local staff attorneys who can do free consultations and potentially provide full representation, which victims need and deserve to have a positive outcome. Someone who reads "no" online may not take that additional step to pick up the phone to get local help. Immigrants may be eligible for forms of relief they haven't even heard of or considered, which is why speaking with a licensed attorney is so critical.

Additionally, many cases also involve family law if there's divorce, custody, child support, etc. Family law varies by state. Sandra cannot provide any guidance to people who are out of her particular state. Again, the immigrant needs to speak to a local licensed attorney to receive proper advice and counsel.

Edited by Harmonia
  • 1 month later...
Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Multiple spam post in other threads removed. I understand you're trying to do something good but you need to stick to your own thread for your petition. Any further post in other members threads will result in suspension.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
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