Advice for Sponsor of Abusive Wife Denied AOS

[jaysaldi 213]

1 hour ago, SanDiegoParakram said:

Thanks all for chiming in. I don't care about her VAWA case if she makes one. I am going to contest the Order of Protection on its merits. What effect that has on VAWA is none of my concern.

Personally, I would care about this. but I have in the past work in a highly regulated industry with extensive background checks. I wouldn't want an immigrant ex-wife to be granted approval remain the USA based on a government agency accepting her claims I physically abused her, because that would reflect poorly on me.

 

[EM_Vandaveer 2,408]

7 minutes ago, jaysaldi said:

Personally, I would care about this. but I have in the past work in a highly regulated industry with extensive background checks. I wouldn't want an immigrant ex-wife to be granted approval remain the USA based on a government agency accepting her claims I physically abused her, because that would reflect poorly on me.

 

Whether you would care or not, it would not be up to you whether or not your spouse would get VAWA approved or not.

Obviously, one should hire a lawyer to fight the order of protection and for the divorce.

[jaysaldi 213]

20 minutes ago, EM_Vandaveer said:

Whether you would care or not, it would not be up to you whether or not your spouse would get VAWA approved or not.

Obviously, one should hire a lawyer to fight the order of protection and for the divorce.

When a foreign spouse petitions for VAWA approval, does the American spouse have any opportunity to provide evidence or testimony regarding the validity of the claim of abuse?

[geowrian 22,337]

14 minutes ago, jaysaldi said:

When a foreign spouse petitions for VAWA approval, does the American spouse have any opportunity to provide evidence or testimony regarding the validity of the claim of abuse?

No. They base their decision entirely on the petitioner (the alien here) having the burden.

Edit: That doesn't mean they cannot consider anything others present on their own, but from a practical stance, don't expect them to ever look at it.

Edited March 21, 2020 by geowrian

[Quarknase 1,072]

5 hours ago, jaysaldi said:

When a foreign spouse petitions for VAWA approval, does the American spouse have any opportunity to provide evidence or testimony regarding the validity of the claim of abuse?

Thank god, no! Every abuser (mental or physical - not only physical abuse qualifies for VAWA) would make a counter statement and do everything in their hand to "send the package" home. There are some real victims out here...

[retheem 566]

11 hours ago, SanDiegoParakram said:

My immigrant wife is abusive. I'm am working on divorce papers, but need some information, advice. I guess I'm asking if I'm missing anything as I move forward. Below is a quick timeline.

 

May 2019 - Immigrant wife arrives k-1 visa. We marry, she becomes abusive.

July 2019 - I submitted her AOS, I-485, I-765, I-131, I-864.

September 2019 - She is arrested for domestic violence. I have to go to ER. I do not press charges. I move out for my safety. 

November 2019 - She receives employment authorization, travel document.

December 2019 - Realize marriage will not improve, and I need to take steps to protect myself.

January 2020 -  I successfully withdraw my Affidavit of Support. Her I-485 is denied. 

February 2020 - She files Order or Protection (Stay Away) against me. Court hearing in May. Locks me out of the house. It is baseless. I haven't seen her since September but access house periodically. We have emailed about dissolving marriage, though stressful stuff, all communications have been cordial.

 

I want to move on ASAP, but we need  settle 1) divorce, and 2) joint-owned real estate. I don't care if she's able to stays in the USA, but I'm not sure what options are available to her. I thought she might self-petition for VAWA, thus her Order of Protection. However, from what I read, there needs to be compelling evidence. There is nil. Maybe she's just buying time?

 

Since we no longer communicate, I don't know what she's up planning. She's in the house. I have been sleeping on couches for 5 months, so the sooner this resolves the better. 

 

Can she stay? When she was denied AOS, what options does USCIS present to her? Is there anything else I should be doing to protect myself?

 

Thanks. This forum has been a wealth of information and extremely helpful. 

Move out and file for divorce. Get a good lawyer to get through the divorce. Once that's done, call immigration on her. She will be deported. Chapter closed

[geowrian 22,337]

5 minutes ago, retheem said:

Once that's done, call immigration on her. She will be deported.

Not how it works, even when there is active enforcement.

[carmela 13]

Ray, how do you know that this current administration is anti immigrant?

[Boiler 45,558]

32 minutes ago, carmela said:

Ray, how do you know that this current administration is anti immigrant?

He doesn't.

[TBoneTX 45,329]

OP, in terms of the immigration angle, you did the right thing (and dodged a bullet) by withdrawing your I-864.

That should be your only concern -- a relief, actually -- and you should forget about immigration status henceforth.

Focus on the divorce only.

Regarding the divorce, hire the absolutely meanest, nastiest chip-on-shoulder divorce lawyer that you can find.  This will be your chance for justice.

[Just Paul 4,595]

1 hour ago, TBoneTX said:

Regarding the divorce, hire the absolutely meanest, nastiest chip-on-shoulder divorce lawyer that you can find.  This will be your chance for justice.

Totally agree!   And try to find a woman attorney.   

 

My ex-wife was a real piece-of-work.  20 years after my divorce, I still have work problems over it.

[SanDiegoParakram 1]

8 hours ago, Paul & Mary said:

Totally agree!   And try to find a woman attorney.   

 

My ex-wife was a real piece-of-work.  20 years after my divorce, I still have work problems over it.

Ha! I hope you see the irony in advising divorce and move on, then revealing your still dealing with it 20 years later. But, I hear you, will do my best, but realistically, am still seeking information as to what I can expect. Thanks. 

[carmel34 3,635]

OP, I agree with the advice that you find a very very good divorce attorney and with their help, seek justice via the divorce process and then move on with your life.  Divorce always leaves a scar, I'm speaking from experience here, but the healing process comes eventually.  Just be grateful that the marriage did not last too long, no kids, you may not have to take a big financial hit, etc.  Good luck!

[African Zealot 1,455]

12 hours ago, carmela said:

Ray, how do you know that this current administration is anti immigrant?

I just happen to have commonsense. That’s all you will get out of me. You can interpret it however way you like it.

[Ontarkie 14,234]

~~6 posts removed for going off topi. Stick to answering the OP's questions. Anything else needs it's own thread.~~