my foreign wife had me arrested

[Villanelle 4,122]

39 minutes ago, Trinab80 said:

 

I think you both are kinda of missing the point of where the OP stands right now. As of right now, the OP has an arrest record for DV charge. Whether charges are dropped/dismissed or a conviction is later determined in the court, the arrest record remains and will follow him for life (yes he can request to have the arrest expunged carries no wait in immigration related cases). For the OP, this means that at this point, she is setting herself up for VAWA or having it where she doesn't need her husband to update her AOS, i.e., getting her GC. If she called the police and has filed  DV report against him once, she has no problem with doing it again. What she is doing is building her "paper trail".

 

We don't have to know the "whole story" of what happened between the OP and his wife because truthfully, it's relevant if the OP is seeking a divorce. Pulling the I-864 is the best thing for the OP to PROTECT HIMSELF in the long run because it's clear that she's protecting HERSELF in the long run. Him pulling the I-864 is not viewed as vindictive tactic or "abusive". Steps have already been taken where she deems that she's "unsafe" and "in fear" to the point where she was granted a no contact order. Whether there's truth or lie to the OP's story, the fact is, a judge or commissioner believed her claim enough at that time to grant a protection order. She is a woman, a foreign woman at that and he wasn't present when the police were called. All she had to do was have the police create a police report for her to go to the court and request a protection order WITHOUT the OP knowledge which means he was not given a chance to come to court to dispute her claims, and that's how her no contact order was granted.

 

Most likely, these "charges" will be dismissed for several reasons (she probably has been schooled that well to know that she "jumped the ball" too quickly before getting her EAD/GC) or when he goes to court, the judge will see that the case has no weight (unless she has proof of physical abuse).

 

OP...if you seeking a divorce and you know that is what you want to do, pull the I-864 and finalize the divorce. It's one thing to have to be temporarily responsible for (i.e., provide temporarily housing/financial assistance for her, but your lawyer can have a timeframe stipulated on how long that has to be), but it's another to be financially responsible for her until she naturalizes.

 

Either way, you need to start thinking about the future of YOUR well-being!

I dont think I am missing the point. Ive seen this story many times. 

 

I simply outlined possible reasons why the attny advised him to not pull the 864. Of course it will benefit him in the long run to pull it. I dont believe the attny said not to pull it but rather not to pull it right now. The OP has to decide for himself what to do taking into account the opinions of his attny (who most likely has more facts then we do) and the opinions here. 

 

I dont agree that most likely the charges will be dropped nor that it is likely she wont be granted a permanent restraining order. There doesnt have to be proof of physical abuse to get a restraining order, just fear. Proving fear is subjective and more often then not Judges will implement a protective order to be safe rather then sorry. Thats why he has to obtain the form/affidavit she filled out when requesting it. His attny can question her about it and if they can show shes not credible he has a shot at not getting a restraining order issued against him. Since he has an attny Im assuming they will be representing him in the hearing and are capable so legal advice about what to do shouldnt be needed. 

[JayMar2019 2,741]

1 minute ago, Damara said:

I dont think I am missing the point. Ive seen this story many times. 

 

I simply outlined possible reasons why the attny advised him to not pull the 864. Of course it will benefit him in the long run to pull it. I dont believe the attny said not to pull it but rather not to pull it right now. The OP has to decide for himself what to do taking into account the opinions of his attny (who most likely has more facts then we do) and the opinions here. 

 

I dont agree that most likely the charges will be dropped nor that it is likely she wont be granted a permanent restraining order. There doesnt have to be proof of physical abuse to get a restraining order, just fear. Proving fear is subjective and more often then not Judges will implement a protective order to be safe rather then sorry. Thats why he has to obtain the form/affidavit she filled out when requesting it. His attny can question her about it and if they can show shes not credible he has a shot at not getting a restraining order issued against him. Since he has an attny Im assuming they will be representing him in the hearing and are capable so legal advice about what to do shouldnt be needed. 

Being someone who has had experience in filing a restraining order (not immigration related, just a previous experience from something that happened yearrrrssssss ago), her PFA or no contact order was given based on her filing a police report. Once the police are called for a DV to the home, a police report is created. All she had to do was go to family court and request a no contact order w/o the knowledge of the respondent/defendant i.e. her husband, it gets granted temporarily until the court date. Correct, based on her wording that she showed "fear" and she was given a temporarily restraining order (PFA or no contact order) on just that fact. Can she granted a permanent restraining order....sure she can, but that can happen with the charges being dropped in criminal court, hence why there is a court proceeding where he will get his chance to provide proof of his side of the story. Since he has an attorney, it is already known what she said and stipulated, the OP just hasn't provided that information and he doesn't have to tell us that.

 

The attorney most likely told him not to pull the I-864 because the OP probably isn't 100% sure he wants to file the divorce just yet with the hopes to "reconcile" and because they are 2 types of court proceedings being handled (criminal and civil), the attorney is trying to handle the criminal one first to get the charges dropped so that the criminal court will just let the civil/family court handle this issue. Either way, he maintains his arrest record and an expungement does not matter when it comes to immigration. Therefore, it's a waste of time not to pull the I-864 if he is adamant about the divorce. According to the OP, He's already vacated the home and did so before she called the police. The burden on her to prove how much "fear" she in at this point because the home is in HIS name not hers. If she choose to continue this claim, the judge can mandate she vacate the home within 30 days or the very least vacate once the divorce is final which for them isn't gonna take long because they haven't been married that long.

 

Truthfully, what is happening right now is a "short-term" tactic because all this is about is her building her "paper trail" to show that she's with an "abusive" partner. She wanted or needed to have the upperhand in their marriage and him having a DV arrest gave her just that.  This case will resolve quickly, but it's what will happen later on if the OP doesn't protect himself from what she's doing.

[Bfree3 132]

I agree with everyone saying to pull the entire application and 864. From the things you’ve said the argument was about, it seems she thinks you are a piggy bank and should finance her family. I’d take it one step further and disconnect everything in the house, since its all in your name (if this is allowed). She is showing her true colours. Hope it all works out for you and you’re not stuck with this. 

[s d 4]

I have been told by immigration lawyer I cant entire application only the I864 part  of application

[Boiler 45,559]

Which is good enough,

[s d 4]

I changed profile just incase you never know

[Going through 5,671]

47 minutes ago, s d said:

I have been told by immigration lawyer I cant entire application only the I864 part  of application

That's the only part you need to.

[azblk 338]

1 hour ago, s d said:

I have been told by immigration lawyer I cant entire application only the I864 part  of application

Am not sure what you are trying to do here. By now there is a police report on you being an abuser, you were arrested for violence, she has a restraining order on you.  she is going to file for VAWA.

[merc0230 28]

Here a are a couple of bulletted items that you may or may not know.

 

• There is little to no chance that your soon to be ex will receive permanent alimony. There is a small chance that she could receive temporary especially since she has no EAD.
• While it may seem like a scam (in hindsight) the length of marriage doesn't have much affect on a VAWA case. I personally know of a female that has her 10 year GC after being in the US (on a B2 visa) for 4 months, married, DV occurred 2nd month into marriage, divorced finalized within 9 months total time in US. Like you ex husband was arrested, but she refused to press charges. One time occurance. 
• DVI (order of protection) is a civil matter, the standards of evidence is lower than criminal. If you can fight that and win, the state will more than likely drop the criminal charges.

Good luck! (and pull the I-864 if you haven't already)

[Unlockable 7,314]

1 hour ago, s d said:

I have been told by immigration lawyer I cant entire application only the I864 part  of application

This is true. The adjustment of status is hers. She is the one that has to adjust status.

 

The I864 is tied to her adjustment of status. Without one, the AOS will be denied. 

 

You don’t have to attempt to withdraw her AOS application. Just the affidavit of support (I864), which holds you financially accountable for her.

 

Hopes this helps explain it a little more.

[s d 4]

ok thanks

[mikefromNJ 5]

10 hours ago, Going through said:

1)  Follow the no contact order.  Don't call/text/email/show up at the house.  Even if she calls/texts you, don't answer her. Breaking the protective order will make it much, much worse on you in court.  If she does text you/leaves a phone message, don't erase the message.  

 

I agree with the above advice. good luck buddy, I am a petitioner also. what a nightmare... i am sorry 

[Sparky223 16]

Can you get an annulment?

[s d 4]

too late happened three days after 6 month anniversery

[Boiler 45,559]

2 minutes ago, s d said:

too late happened three days after 6 month anniversary

Best to get it out of the way now, impossible to have one of these threads without annulment coming up.