Suspected fraud/potential VAWA

[Friedgreentomato 1]

3 minutes ago, Timona said:

 

18 months is a long time.

What visa did the lady come with? Because if she came on K-1, there are some instances when an interview is waived under K-1etc.If that's the case, she may have already got her GC long ago. 

 

As @Boiler said, have the I-864 pulled out. And pull it before GC interview or else it will be moot afterwards.

She didn't arrive on a K-1, it was another visa, possibly tourist. She doesn't have the GC yet. 

 

Can he withdraw the I-864 when he doesn't have the receipt number? 

[portorusa 431]

6 minutes ago, Boiler said:

If she is talking about VAWA sounds she does not have a GC.

If she is talking about VAWA, she may be under abuse. It’s always one side of the story, IMHO.

[Orangesapples 1,954]

You have no idea if there was actual violence. Also, this lady's green card has no effect on you. I advise you to stay out of it. 

[Friedgreentomato 1]

40 minutes ago, Orangesapples said:

You have no idea if there was actual violence. Also, this lady's green card has no effect on you. I advise you to stay out of it. 

As a matter of fact I do. She herself has disclosed to me that there was no violence. 

[SalishSea 18,052]

5 hours ago, Friedgreentomato said:

He didn't read anything, but he was aware they were filing for her green card. He thought he was doing a good deed, and he had the hots for her, so why not, eh?

We reap what we sow.

[Ed&Midori1031 330]

Withdrawl from the AOS position.  And definitely take a look at that I-864!

[Crazy Cat 42,032]

8 hours ago, Friedgreentomato said:

She didn't arrive on a K-1, it was another visa, possibly tourist. She doesn't have the GC yet. 

 

Can he withdraw the I-864 when he doesn't have the receipt number? 

He can file for divorce, attempt to withdraw the I-864, and refuse to attend any scheduled interview.  That is all he can do.  The rest is up to her.

[Orangesapples 1,954]

7 hours ago, Friedgreentomato said:

As a matter of fact I do. She herself has disclosed to me that there was no violence. 

I find that hard to believe. Still, not your circus, not your monkey. Your cousin is an adult and he can deal with his own issues. You can tell him about this website and if he wants to, he could come here. It's up to him. 

[milimelo 4,535]

8 hours ago, Friedgreentomato said:

She didn't arrive on a K-1, it was another visa, possibly tourist. She doesn't have the GC yet. 

 

Can he withdraw the I-864 when he doesn't have the receipt number? 

You said they have an immigration lawyer, right? I presume the cousin is paying for that. Have him call up the lawyer and have the lawyer give him the case numbers for all petitions - most important would be I-130 (he should also withdraw that) and I-485. He can say it’s for his personal record keeping for posterity. 

[JFH 12,191]

14 hours ago, Friedgreentomato said:

Hello, 

 

If I, as a party related to the petitioner, were to notify an immigration attorney of a suspected fraudulent marriage based green card case he is handling, would there be any obligation on his side to take any action? This case is likely to transform into a VAWA case and I would like to see if there is anything that can be done to prevent this. If not, what immediate steps should the petitioner take to protect himself and to stop this green card application in its tracks?

 

Thanks for any advice. 

When I read things like this, I have to ask myself “what does it matter to you?”. You are not involved in the marriage. It’s their mess that they created. Do you often get involved in the marital issues of your cousins? And even if immigration fraud is involved (and we don’t know whether there is or there isn’t), so what? That’s between the immigrant and the government. If you thought your neighbor had cheated or lied on his tax return would you report it? It’s between the individual and the government and if there is any wrongdoing involved then the government has the resources to deal with it. No need for you to be involved. 
 

If she’s thinking of filing a frivolous VAWA claim, it won’t get far as there is a certain amount of evidence she will need to provide for this. But it’s not any of your business. Maybe there has been abuse, you don’t know. VAWA isn’t just about physical abuse.

Edited December 28, 2020 by JFH

[Timona 4,208]

3 hours ago, JFH said:

If you thought your neighbor had cheated or lied on his tax return would you report it? It’s between the individual and the government and if there is any wrongdoing involved then the government has the resources to deal with it. No need for you to be involved. 
 

 

I beg to differ with you today.

I believe OP talking to his cousin and educating him is a good idea. However, it is upon his cousin to sort the matter. Trust me, there are people out here who are really blind. Such people need someone to open their eyes. Afterwards, they should keep them open in their own. As such, I wouldn't call this burging into someone's business but rather helping them open their eyes.

[JFH 12,191]

1 hour ago, Timona said:

 

I beg to differ with you today.

I believe OP talking to his cousin and educating him is a good idea. However, it is upon his cousin to sort the matter. Trust me, there are people out here who are really blind. Such people need someone to open their eyes. Afterwards, they should keep them open in their own. As such, I wouldn't call this burging into someone's business but rather helping them open their eyes.

I’m wondering if the OP would be so keen to meddle with the cousin’s affairs if immigration wasn’t a factor? If the cousin had married a local girl who had only married him for money and was taking him for a ride, what then?

 

I do get the impression that the OP is more bothered about having “the immigrant” punished or removed from the country than helping the cousin resolve his marital problems. It’s not the first time we have seen someone thinking that a cheating/lazy/unloving spouse doesn’t “deserve” a green card, like the USCs hold the keys to the gates of the country and GCs are rewards for being “spouse of the year”.

[Timona 4,208]

58 minutes ago, JFH said:

I’m wondering if the OP would be so keen to meddle with the cousin’s affairs if immigration wasn’t a factor? If the cousin had married a local girl who had only married him for money and was taking him for a ride, what then?

 

I do get the impression that the OP is more bothered about having “the immigrant” punished or removed from the country than helping the cousin resolve his marital problems. It’s not the first time we have seen someone thinking that a cheating/lazy/unloving spouse doesn’t “deserve” a green card, like the USCs hold the keys to the gates of the country and GCs are rewards for being “spouse of the year”.

 

This one is understandable and I agree.

[African Zealot 1,455]

I think it would be better if forumers  stick to immigration advice and allow the original poster to determine if it’s his business to interfere in his cousins immigration affairs.

 

You’re not privy to the depth or otherwise of the relationship he has with his cousin which makes him feel it’s his responsibility to “meddle”. 

 

To the OP I support your efforts to scuttle her immigration benefit application (although what you can actually accomplish is limited) if you believe she’s using him. She shouldn’t be allowed an easy ride to legal status in the land of milk and honey at his expense.

 

Go for it, get her Buster! 😁

Edited December 28, 2020 by Ray.Bonaquist

[laylalex 7,293]

People who don't want others giving their opinions shouldn't come to VJ for advice.