Please Help!

[E & J 2018 132]

22 hours ago, Boiler said:

Pull the I 485

 

Appoint a Divorce Lawyer

 

Read up about VAWA, I have a strong feeling it will be coming your way.

I am curious to know how thoroughly they investigate these VAWA claims. I have heard these stories before.  Can anyone claim VAWA and be unable to provide real evidence that anything  abusive truly occurred? There seems to be a lot of people talking about this on the internet and it is coached/used as a tactic to stay in the USA after a marriage fails. Don't get me wrong, no one should suffer abuse, but no one should make false claims either...….

[Boiler 45,842]

2 minutes ago, E & J 2018 said:

I am curious to know how thoroughly they investigate these VAWA claims. I have heard these stories before.  Can anyone claim VAWA and be unable to provide real evidence that anything  abusive truly occurred? There seems to be a lot of people talking about this on the internet and it is coached/used as a tactic to stay in the USA after a marriage fails. Don't get me wrong, no one should suffer abuse, but no one should make false claims either...….

You used the terms real evidence and false claims, which are by definition subjective.

 

There is a VAWA mega thread on this very forum and I would think anybody wishing to spend the time could work out what was needed and then it is just a question of producing it, hence the warnings to the OP.  

[geowrian 22,337]

10 minutes ago, E & J 2018 said:

I am curious to know how thoroughly they investigate these VAWA claims. I have heard these stories before.  Can anyone claim VAWA and be unable to provide real evidence that anything  abusive truly occurred? There seems to be a lot of people talking about this on the internet and it is coached/used as a tactic to stay in the USA after a marriage fails. Don't get me wrong, no one should suffer abuse, but no one should make false claims either...….

It's impossible to know how many false VAWA claims are made or approved.

Making the claim is easy. Substantiating it is the real question.

Best I can say is that roughly 1/4 to 1/5 of special immigrant petitions (which includes VAWA and other types) are denied.

[Hello729 74]

Hi all, 

Thanks to those who understand and support me.  I am blaming myself and nobody else because I got myself into this mess.  Before you cast a stone, I pray that it will not happen to you.  

 

I wish that I was not so naive walking into this marriage.  This is my first marriage.  And this her second marriage.  She was divorced once. 

 

I am not blaming her.  I am blaming myself.  I wish I had listened to my inner voice more.  I think the social norm is that men are not victims.  But that is simply not the truth.  Men become victims too.

 

I am doing my best to handle my present and I have a question:  if I withdraw my affidavit of support, will she become public charge?  How does becoming a public charge impact me?

 

 

[Boiler 45,842]

She would become a public charge if she claimed benefits, not sure on what basis, would not impact you.

[geowrian 22,337]

Just now, Hello729 said:

if I withdraw my affidavit of support, will she become public charge?  How does becoming a public charge impact me?

That depends on what support you or others provide, and her own means. Also on how the divorce goes if there is any - or how much - support ordered.

Her being a public charge has no impact on you (assuming you get seprated or divorced) so long as the I-864 is withdrawn. If her AOS is approved prior to withdrawal, then you are on the hook via the I-864.

[Hello729 74]

Just now, Boiler said:

She would become a public charge if she claimed benefits, not sure on what basis, would not impact you.

Thank you.  By the way, we are still living together because she has nowhere else to go and I don’t have the heart to throw her out.  She is still the mother of my child.  

 

Our baby is due in November.

 

When I withdraw my affidavit of support, does she have to go back to her home country right away?  If not, where can she stay? 

 

 

[Hello729 74]

My BIG question:  do I have to get divorced from her first prior to withdrawing my affidavit of support?

[Mezyan 149]

1 minute ago, Hello729 said:

My BIG question:  do I have to get divorced from her first prior to withdrawing my affidavit of support?

No you do not.

[Hello729 74]

I think by now most of you probably have gathered that I am just scared.  I am lost and confused.  I am so scared right now.  I have action paralysis.  That’s how scared I am.  

[Boiler 45,842]

Sounds like she will stay with you and you said she does not want to go back?

[geowrian 22,337]

4 minutes ago, Hello729 said:

Thank you.  By the way, we are still living together because she has nowhere else to go and I don’t have the heart to throw her out.  She is still the mother of my child.

That's fine...just be careful of being alone so she can't claim abuse.

 

4 minutes ago, Hello729 said:

When I withdraw my affidavit of support, does she have to go back to her home country right away?  If not, where can she stay?

Once the I-485 is denied she will no longer be lawfully present in the US.

 

3 minutes ago, Hello729 said:

My BIG question:  do I have to get divorced from her first prior to withdrawing my affidavit of support?

No.

[Hello729 74]

1 minute ago, Mezyan said:

No you do not.

Thank you.  So if I withdraw my affidavit of support, but I am still married to her...when is she required to leave the country?  (I am sorry for asking the dump question).

[E & J 2018 132]

13 minutes ago, geowrian said:

It's impossible to know how many false VAWA claims are made or approved.

Making the claim is easy. Substantiating it is the real question.

Best I can say is that roughly 1/4 to 1/5 of special immigrant petitions (which includes VAWA and other types) are denied.

OK, so say the OP files for a divorce, pulls his I-864 and she goes through with a VAWA claim. Is he still responsible for her, as far as immigration issues are concerned (Government financial aid)? I realize spousal support & child support are subject to any marriage and he could definitely have to pay for these items. Especially child support... this is certain.

[Hello729 74]

2 minutes ago, geowrian said:

That's fine...just be careful of being alone so she can't claim abuse.

 

Once the I-485 is denied she will no longer be lawfully present in the US.

 

No.

Thank you.  We are still living in the same house, so I am mostly alone with her.  How do I overcome this problem of not being alone with her?  (Sorry for asking the dumb question).

2 minutes ago, E & J 2018 said:

OK, so say the OP files for a divorce, pulls his I-864 and she goes through with a VAWA claim. Is he still responsible for her, as far as immigration issues are concerned (Government financial aid)? I realize spousal support & child support are subject to any marriage and he could definitely have to pay for these items. Especially child support... this is certain.

THIS.