Does he have a case for 'extreme cruelty'?

[hellovisajourney1 0]

I posted here some time ago about my husband who disappeared the weekend he got his green card, which also happened to be the weekend I was diagnosed with cancer. Last year I sent USCIS lots of evidence to support my belief he married me for a green card--such as keeping the relationship a secret and refusing to consummate the marriage. I included pictures of physical abuse I suffered at his hands. The full list of red flags is too long to go into here, but suffice to say the evidence was damning. My senator even contacted USCIS on my behalf and they added his 'concerns' to my husband's a-file.

 

 

First, I would like to say that I also have evidence that our relationship started several months after the date he claimed in the interview (He refused to let me see I-130 packate; I know that was stupid of me but he was abusive and I wasn't in any position to disobey him)

 

 

I now believe that he is intending to apply for a visa waiver alleging extreme cruelty. The reason I believe this is I have gotten several emails from him including things like, "YOU HAVE THREATENED TO KILL ME THREE TIMES ALREADY!", "Are you going to threaten me again?", telling me I was under investigation by the SF police for threats and telling me I gave him PTSD (due to my attempted suicide) which requires medication. I have of course never threatened him so has no evidence he can show USCIS other than this paper trail he has tried to manufacture. I always responded like, "I have never threatened you, I don't understand what you mean" etc. At first I responded that way because I was so confused and puzzled, but eventually I caught on that this is probably his immigration strategy. It is preposterous that I threatened to travel to the other side of the country and kill him as I was undergoing chemotherapy and incredibly weak at that time. He also likely never saw a doctor for PTSD; he claims a psychologist (someone without a license to prescribe) prescribed him medication for PTSD. He was on my insurance until Dec 31 of last year, and no medical or pharmacy claims were submitted to corroborate this. (He is unemployed and does not have insurance). He also claims I "kicked him out" but I already provided texts to USCIS where he refused to tell me where he was. He of course left on his own accord.

 

 

The reason this is so crazy is that he physically beat ME. I provided photos to USCIS and am about to send them a new letter with more information, and it will include his open warrant for misdemeanor assault on a female as well as a recent threat (January) that read: "You will pay the full price of whatever you have done to me. Very soon." There is even an email chain where he told me my phone was suspended and the police were investigating me. I responded asking him to reactivate it since I needed it to call my oncologist. His response was "I am going to the SF police right now and telling them you aren't giving up on your threats". I literally only asked for my phone back. I am scared he is going to claim a suicide attempt was extreme cruelty as I inflicted him with PTSD, that I kicked him out, and that I have threatened him. (I have never threatened ANYONE in my entire life).  I did tell him that I reported him to USCIS and that I was going to write an updated letter. I'm concerned that might be construed as me "threatening to report him to gov't agencies".

 

Note: I already informed USCIS that the suicide attempt was due to his abuse, and that I would be happy to provide medical records stating that.

 

So I can prepare a rebuttal, what kind of documentation will he need to submit in order to say I was extremely cruel?

 

 

New documentation I am going to submit to USCIS:

-the threat to me/warrant

-his own admission of never consummating the marriage (email)

-emails where he said I was being investigated for threats, etc etc

-proof that we met 2 months after the date he reported to USCIS (facebook messages). I already told USCIS that I should have corrected him but failed to do so, given fear of retribution/assault.

 

[Transborderwife 4,666]

He doesn't need evidence of extreme cruelty, he can ROC with a divorce waiver on his own.  It's best that you sever all ties, block him completely, hand over the info and live and let live.

[Davejj 31]

22 minutes ago, hellovisajourney1 said:

I posted here some time ago about my husband who disappeared the weekend he got his green card, which also happened to be the weekend I was diagnosed with cancer. Last year I sent USCIS lots of evidence to support my belief he married me for a green card--such as keeping the relationship a secret and refusing to consummate the marriage. I included pictures of physical abuse I suffered at his hands. The full list of red flags is too long to go into here, but suffice to say the evidence was damning. My senator even contacted USCIS on my behalf and they added his 'concerns' to my husband's a-file.

 

 

First, I would like to say that I also have evidence that our relationship started several months after the date he claimed in the interview (He refused to let me see I-130 packate; I know that was stupid of me but he was abusive and I wasn't in any position to disobey him)

 

 

I now believe that he is intending to apply for a visa waiver alleging extreme cruelty. The reason I believe this is I have gotten several emails from him including things like, "YOU HAVE THREATENED TO KILL ME THREE TIMES ALREADY!", "Are you going to threaten me again?", telling me I was under investigation by the SF police for threats and telling me I gave him PTSD (due to my attempted suicide) which requires medication. I have of course never threatened him so has no evidence he can show USCIS other than this paper trail he has tried to manufacture. I always responded like, "I have never threatened you, I don't understand what you mean" etc. At first I responded that way because I was so confused and puzzled, but eventually I caught on that this is probably his immigration strategy. It is preposterous that I threatened to travel to the other side of the country and kill him as I was undergoing chemotherapy and incredibly weak at that time. He also likely never saw a doctor for PTSD; he claims a psychologist (someone without a license to prescribe) prescribed him medication for PTSD. He was on my insurance until Dec 31 of last year, and no medical or pharmacy claims were submitted to corroborate this. (He is unemployed and does not have insurance). He also claims I "kicked him out" but I already provided texts to USCIS where he refused to tell me where he was. He of course left on his own accord.

 

 

The reason this is so crazy is that he physically beat ME. I provided photos to USCIS and am about to send them a new letter with more information, and it will include his open warrant for misdemeanor assault on a female as well as a recent threat (January) that read: "You will pay the full price of whatever you have done to me. Very soon." There is even an email chain where he told me my phone was suspended and the police were investigating me. I responded asking him to reactivate it since I needed it to call my oncologist. His response was "I am going to the SF police right now and telling them you aren't giving up on your threats". I literally only asked for my phone back. I am scared he is going to claim a suicide attempt was extreme cruelty as I inflicted him with PTSD, that I kicked him out, and that I have threatened him. (I have never threatened ANYONE in my entire life).  I did tell him that I reported him to USCIS and that I was going to write an updated letter. I'm concerned that might be construed as me "threatening to report him to gov't agencies".

 

Note: I already informed USCIS that the suicide attempt was due to his abuse, and that I would be happy to provide medical records stating that.

 

So I can prepare a rebuttal, what kind of documentation will he need to submit in order to say I was extremely cruel?

 

 

New documentation I am going to submit to USCIS:

-the threat to me/warrant

-his own admission of never consummating the marriage (email)

-emails where he said I was being investigated for threats, etc etc

-proof that we met 2 months after the date he reported to USCIS (facebook messages). I already told USCIS that I should have corrected him but failed to do so, given fear of retribution/assault.

 

I'm sorry you have to go through this. I think the part of his lying about when you guys actually met or started talking could carry the most weight as that would be seen as misrepresentation. I wish you a quick recovery from your ailment. 

Edited April 8, 2017 by Davejj

[Villanelle 4,122]

Is the misdemeanor assault of a woman you? Is it a domestic violence case for him and another partner? 

[hellovisajourney1 0]

Just now, Damara said:

Is the misdemeanor assault of a woman you? Is it a domestic violence case for him and another partner? 

It is for me.  It's open because he has no plans to return to the state. 

 

To answer someone else's question: we have not divorced yet. In my state you must be separated 1 year. I plan on filing for divorce but while I had cancer, it was too much to deal with.

 

I know I need to move on from this eventually.  I just want justice first.

[Transborderwife 4,666]

6 minutes ago, hellovisajourney1 said:

It is for me.  It's open because he has no plans to return to the state. 

 

To answer someone else's question: we have not divorced yet. In my state you must be separated 1 year. I plan on filing for divorce but while I had cancer, it was too much to deal with.

 

I know I need to move on from this eventually.  I just want justice first.

I'm afraid when it comes to immigration justice is never direct nor do you find out about it directly.  I think that you should take some time and find yourself support. You both have a bit of a mess from the sounds of it and could use some therapy. Look after yourself 

[Villanelle 4,122]

Are you in contact with the prosecutor? Would they be willing to write you something for USCIS?

 

Regardless, when an immigrant is CONVICTED of a DV charge (not arrested, not charged, but actually convicted) they become 'deportable'. Previously under Obama the deportation orders were somewhat ignored, but now under Trump- (which is constantly changing) anyone deportable - is. So its important for him to be convicted under a DV charge and not allowed to change it via plea bargaining to something not immigration impact-able. (most people charged with DV that are immigrants have lawyers who help them change it to something USCIS doesnt care about. Speak to the prosecutor to avoid having him allowed to do this)

 

Because USCIS is funny- charged crimes wont really impact him being able to ROC. He can ROC with the divorce waiver OR he can ROC under hardship. He wouldnt need to be divorced to claim hardship. But anyway, if he is charged with something BUT its not finished yet in court, (except for naturalization) USCIS wont wait for the outcome of it. You can explain things in your letter, and if the prosecutor is willing to help by providing a letter, you can ask for them to 'slow' his processing down until the case is resolved and he is convicted. Its a long shot but worth a try. 

There is also no guarantee that if he is convicted he would be deported- yes, its suppose to happen now under trump, but there are various forms of relief he can ask for in immigration court.

 

I also agree with transborderwife. The concept of justice is a funny one. Justice can happen but the wheels turn slow. Like really slow. Ive personally struggled with something similar with my immigrant ex. Dont put all your eggs in the justice basket.. Its more important to take care of yourself. To be able to move on and to heal regardless if justice is served. If its not and you are too invested in it- you will be devastated. (and theres always Karma) 

[Transborderwife 4,666]

7 minutes ago, Damara said:

Are you in contact with the prosecutor? Would they be willing to write you something for USCIS?

 

Regardless, when an immigrant is CONVICTED of a DV charge (not arrested, not charged, but actually convicted) they become 'deportable'. Previously under Obama the deportation orders were somewhat ignored, but now under Trump- (which is constantly changing) anyone deportable - is. So its important for him to be convicted under a DV charge and not allowed to change it via plea bargaining to something not immigration impact-able. (most people charged with DV that are immigrants have lawyers who help them change it to something USCIS doesnt care about. Speak to the prosecutor to avoid having him allowed to do this)

 

Because USCIS is funny- charged crimes wont really impact him being able to ROC. He can ROC with the divorce waiver OR he can ROC under hardship. He wouldnt need to be divorced to claim hardship. But anyway, if he is charged with something BUT its not finished yet in court, (except for naturalization) USCIS wont wait for the outcome of it. You can explain things in your letter, and if the prosecutor is willing to help by providing a letter, you can ask for them to 'slow' his processing down until the case is resolved and he is convicted. Its a long shot but worth a try. 

There is also no guarantee that if he is convicted he would be deported- yes, its suppose to happen now under trump, but there are various forms of relief he can ask for in immigration court.

 

I also agree with transborderwife. The concept of justice is a funny one. Justice can happen but the wheels turn slow. Like really slow. Ive personally struggled with something similar with my immigrant ex. Dont put all your eggs in the justice basket.. Its more important to take care of yourself. To be able to move on and to heal regardless if justice is served. If its not and you are too invested in it- you will be devastated. (and theres always Karma) 

True, I recently through research (I'm an immigration geek) found out about petty exemptions which could apply with a conviction in this case.

[Villanelle 4,122]

Lol I know you are and so am I!

 

[Pinkrlion 2,724]

Can u file for annulment versus divorce?

 

[Transborderwife 4,666]

Just now, Pinkrlion said:

Can u file for annulment versus divorce?

 

That doesn't nullify immigration claims necessarily 

[Pinkrlion 2,724]

Refusing to connsumate the marriage in many states is all u need for being granted an annulment for fraud.

[Transborderwife 4,666]

1 minute ago, Pinkrlion said:

Refusing to connsumate the marriage in many states is all u need for being granted an annulment for fraud.

Right, but to uscis consummation doesn't mean the same thing as it does to us.  Those with annulments even for fraud hve still been able to ROC before

[hellovisajourney1 0]

1 hour ago, Transborderwife said:

Right, but to uscis consummation doesn't mean the same thing as it does to us.  Those with annulments even for fraud hve still been able to ROC before

.  

 

Yes, I have spoken with a lawyer who thinks I can get an annulment based on marriage fraud.

 

I guess I just need to wait and see how this shakes out. I am hopeful it will go in my favor given the large amount of documentation I have and a few egregious details I have left out of this post.

 

Thanks y'all.

[hellovisajourney1 0]

3 hours ago, Damara said:

Are you in contact with the prosecutor? Would they be willing to write you something for USCIS?

 

Regardless, when an immigrant is CONVICTED of a DV charge (not arrested, not charged, but actually convicted) they become 'deportable'. Previously under Obama the deportation orders were somewhat ignored, but now under Trump- (which is constantly changing) anyone deportable - is. So its important for him to be convicted under a DV charge and not allowed to change it via plea bargaining to something not immigration impact-able. (most people charged with DV that are immigrants have lawyers who help them change it to something USCIS doesnt care about. Speak to the prosecutor to avoid having him allowed to do this)

 

Because USCIS is funny- charged crimes wont really impact him being able to ROC. He can ROC with the divorce waiver OR he can ROC under hardship. He wouldnt need to be divorced to claim hardship. But anyway, if he is charged with something BUT its not finished yet in court, (except for naturalization) USCIS wont wait for the outcome of it. You can explain things in your letter, and if the prosecutor is willing to help by providing a letter, you can ask for them to 'slow' his processing down until the case is resolved and he is convicted. Its a long shot but worth a try. 

There is also no guarantee that if he is convicted he would be deported- yes, its suppose to happen now under trump, but there are various forms of relief he can ask for in immigration court.

 

I also agree with transborderwife. The concept of justice is a funny one. Justice can happen but the wheels turn slow. Like really slow. Ive personally struggled with something similar with my immigrant ex. Dont put all your eggs in the justice basket.. Its more important to take care of yourself. To be able to move on and to heal regardless if justice is served. If its not and you are too invested in it- you will be devastated. (and theres always Karma) 

 They can't really do much since he can't even be served with papers.  It's a misdemeanor and he's in another state, so they would not extradite him back here.  His exact whereabouts are unknown to me.

 

I do have one more question, though, and that is....how much weight will they give to the letter from the senator?  

 

Also, how much weight will they give to the fact he's an Iranian optical and nuclear engineer (field is 90% military--and he worked with power grids which is actually a big target for terrorists)?  He has been unemployed for more than a year yet somehow has a source of income (he has no savings).  He used to disappear for hours/days with poor explanations of his whereabouts (I had assumed cheating) and was extremely secretive about who his friends were.  I reported this to USCIS, of course, and presumably my senator mentioned it as well when he advocated for me.