VAWA records

[HawaiiFarmer 3]

I know it's a long shot, but is it possible to get your wife's presumed VAWA petition as evidence in your Family Court hearing? Thanks.

[Boiler 45,575]

You would need a Court Order and even then not sure the Feds have to oblige.

 

Why?

[HawaiiFarmer 3]

It's all part of my fraud case.  I'm claiming she married me for a green card and using false abuse charges to get her conditions removed.

How would I get the Court Order?  Just ask the Judge for it?  I'm self-representing myself in California Superior Court.  Thank you

 

[Lemonslice 4,859]

1 hour ago, HawaiiFarmer said:

It's all part of my fraud case.  I'm claiming she married me for a green card and using false abuse charges to get her conditions removed.

How would I get the Court Order?  Just ask the Judge for it?  I'm self-representing myself in California Superior Court.  Thank you

 

You might want to visit a legal aid clinic in your area for assistance.  

[geowrian 22,337]

Long shot indeed.

 

What can or cannot be included in family court depends on many factors, including where the case is being filed. This would be a question best directed at a divorce attorney. If you are choosing to represent yourself (as stated), I would suggest checking out forums including areas directed at CA divorce law. But speaking with somebody who knows CA divorce law (and is licensed to practice it) is still highly suggested.

 

She cannot do VAWA for ROC. VAWA would apply for getting the green card, but not removing conditions on an existing green card.

She can choose to file for ROC on her own based on either being divorced or due to abuse, or both. I'm not sure what her filing with the abuse option would show to the court, though. Or what information you or the court could even obtain (it's a federal matter, and the details would not be part of the information available to you if she did file the petition on her own).

[Boiler 45,575]

No VAWA no records.

[Villanelle 4,122]

You are not going to be able to get her records. Anything tagged with abuse at USCIS (vawa or abuse waiver for ROC) is confidential. Also presenting a fraud case for divorce is not really DIY. Why dont you have an attny? Was there a restraining order issued? Was it granted? What basis is she filing ROC under? Physical abuse or extreme cruelty (mental abuse)? Has she responded to your fraud complaint in the divorce? What did she respond? If you could provide more info I can probably offer you advice. If you dont want to post details on a public forum send me a pm. 

[HawaiiFarmer 3]

On 4/16/2018 at 9:53 AM, Damara said:

You are not going to be able to get her records. Anything tagged with abuse at USCIS (vawa or abuse waiver for ROC) is confidential. Also presenting a fraud case for divorce is not really DIY. Why dont you have an attny? Was there a restraining order issued? Was it granted? What basis is she filing ROC under? Physical abuse or extreme cruelty (mental abuse)? Has she responded to your fraud complaint in the divorce? What did she respond? If you could provide more info I can probably offer you advice. If you dont want to post details on a public forum send me a pm. 

Hi, thanks for your questions.  I appreciate hearing from some of the same respondents as when I first introduced my story last fall.  To recap, my new wife from the Philippines left me and Hawaii (without informing me) for her relatives in California when pregnant right after she got her conditional green card.  No cops, no restraining order, never any violence, I'm a gentle man. 

 

After our son was born (Aug 2016), she filed for divorce and sole custody, saying I abused her.  The fraudulent abuse charges were dismissed and joint custody was ordered, but I wasn't allowed to bring our son back to Hawaii so I eventually  moved to CA Dec 2017.  Last summer she found lawyers to sue me for the I-864, and they, in turn are helping her with VAWA (that's only my assumption), so they are trying to re-enter abuse (mental and emotional) at the hearings.  My wife's conditional green card expired last January but that hasn't mattered at all.  My wife has a seek-work order since last September from the Court, but she doesn't look.   At our last Court hearing, her lawyers put in a motion to exclude the Interpreter that was assigned at the initial abuse hearings.  Fraud seemed so obvious that at that time I was granted a good-cause hearing for fraud, which is now scheduled in Court for next month.  I believe the hearing is on more than Annulment due to Fraud, I hope the I-864 will become void as well.  The paradox is the I-864 is being used as a fee to my wife's lawyers to help her scam VAWA, nothing to do with a public charge.  My wife has been collecting welfare for over 2 years now, nothing I know of that I can do about that.

 

I'm always looking for an attorney, I've never found one that said they could help.  And I would just be going into debt, I've already lost all my money, and still don't have housing or a job in CA.  Thanks a lot for any advice.

[Boiler 45,575]

She probably has removed conditions, no way of knowing.

 

2 things in your favour

 

She will be required to evidence how she has sought to mitigate her situation - get a job and she has seemingly done nothing

 

You can not get blood out of a stone and the Lawyers are on a percentage, make them aware and they will probably lose interest.

[Villanelle 4,122]

Trying to put together a fraud case is hard to do on your own. I dont understand what you mean when you say you suspect the hearing is for more then the annulment due to fraud. What do you think it could be about. There is a poster on here who had successfully obtained an annulment based on fraud. @mealone. Hopefully they comment or contact you via pm with more advice. I dont believe she used an attny for it...

 

The only other thing that comes to mind is if she attempted to file a restraining order based on abuse. Did she? If so there is paperwork you are entitled to from when she applied that no one tells you about. 

 

 

[MsVi2 50]

The simple answer is NO. 

 

Disclosure of any information relating to a petition filed by a battered alien is strictly prohibited by Federal Law. 

 

8 U.S. Code § 1367 (a)(A)(2):

(a)In general Except as provided in subsection (b), in no case may the Attorney General, or any other official or employee of the Department of Justice, the Secretary of Homeland Security, the Secretary of State, or any other official or employee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments)—

• (1)make an adverse determination of admissibility or deportability of an alien under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] using information furnished solely by—
• (A) a spouse or parent who has battered the alien or subjected the alien to extreme cruelty,

(2) permit use by or disclosure to anyone (other than a sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information which relates to an alien who is the beneficiary of an application for relief under paragraph (15)(T), (15)(U), or (51) of section 101(a) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(T), (U), (51)] or section 240A(b)(2) of such Act [8 U.S.C. 1229b(b)(2)].

Edited April 21, 2018 by MsVi2
Clarification

[HawaiiFarmer 3]

On 4/18/2018 at 8:56 AM, Damara said:

Trying to put together a fraud case is hard to do on your own. I dont understand what you mean when you say you suspect the hearing is for more then the annulment due to fraud. What do you think it could be about. There is a poster on here who had successfully obtained an annulment based on fraud. @mealone. Hopefully they comment or contact you via pm with more advice. I dont believe she used an attny for it...

 

The only other thing that comes to mind is if she attempted to file a restraining order based on abuse. Did she? If so there is paperwork you are entitled to from when she applied that no one tells you about. 

 

 

Thanks all.  I understand I won't have access to her VAWA petition.  Damara:  what I'm saying is the case seems to be more than just about marriage annulment due to fraud, I believe it could/should be about VAWA fraud and welfare fraud.  Absconding with our unborn child with no intention of coming back right after you get your green card is marriage fraud; but false abuse charges seems to be another.  I want to show that even though domestic violence charges were dismissed in Family Court over a year ago, she still went ahead with a VAWA petition, and she continued to receive welfare money for women fleeing domestic violence (and for our son, too, even though I now have him half time).  There's no restraining order.  I wonder if I can get her welfare applications, too.  Thank you.

[Lemonslice 4,859]

8 minutes ago, HawaiiFarmer said:

Thanks all.  I understand I won't have access to her VAWA petition.  Damara:  what I'm saying is the case seems to be more than just about marriage annulment due to fraud, I believe it could/should be about VAWA fraud and welfare fraud.  Absconding with our unborn child with no intention of coming back right after you get your green card is marriage fraud; but false abuse charges seems to be another.  I want to show that even though domestic violence charges were dismissed in Family Court over a year ago, she still went ahead with a VAWA petition, and she continued to receive welfare money for women fleeing domestic violence (and for our son, too, even though I now have him half time).  There's no restraining order.  I wonder if I can get her welfare applications, too.  Thank you.

She had a green card, there was never a Vawa file...

[HawaiiFarmer 3]

Conditional green card, 6 months married

[Lemonslice 4,859]

13 minutes ago, HawaiiFarmer said:

Conditional green card, 6 months married

No Vawa then.