Suspected fraud/potential VAWA

[Friedgreentomato 1]

4 minutes ago, Boiler said:

Is she going to mention those?

Is she not going to be interviewed? Does she not have to present the normal evidence of a good faith marriage that one is ordinarily expected to provide?

[TBoneTX 45,831]

At least one participant is badgering the OP.  Soften it up.

[Orangesapples 1,954]

2 minutes ago, Friedgreentomato said:

Well, I can read, and I have read the requirements for a VAWA petition and if the marriage was not in good faith then she does not qualify. Their marriage has several red flags and hopefully the immigration officer will make the correct call. 

Hopefully. . 

Edited December 30, 2020 by Orangesapples

[Boiler 45,884]

Just now, Friedgreentomato said:

Is she not going to be interviewed? Does she not have to present the normal evidence of a good faith marriage that one is ordinarily expected to provide?

I do not know,  probably not would be my assumption.

[laylalex 7,293]

6 minutes ago, Friedgreentomato said:

And also, having one's feelings hurt doesn't equal abuse, IMHO. 

My ex never, ever laid a hand on me. Never pushed me, never punched me. Never twisted my arm behind my back or slapped me. But he did abuse me emotionally and financially for years. He bullied me and made me feel like I was worthless, incapable of functioning without him. I am still recovering from how he treated me. Oh, but all that happened was my feelings were hurt! Boo hoo me because I have no physical scars.

 

Check yourself. There are abuse sufferers on this forum. I know I'm not the only one. Your words are potentially triggering.

[Friedgreentomato 1]

9 minutes ago, Boiler said:

I do not know,  probably not would be my assumption.

Are you serious? OMG. This country is so screwed. In 20 years from now every single woman in the developing world will have emigrated to the US. God help us all....

12 minutes ago, laylalex said:

My ex never, ever laid a hand on me. Never pushed me, never punched me. Never twisted my arm behind my back or slapped me. But he did abuse me emotionally and financially for years. He bullied me and made me feel like I was worthless, incapable of functioning without him. I am still recovering from how he treated me. Oh, but all that happened was my feelings were hurt! Boo hoo me because I have no physical scars.

 

Check yourself. There are abuse sufferers on this forum. I know I'm not the only one. Your words are potentially triggering.

In this case it really was a case of hurt feelings. 

[Boiler 45,884]

VAWA applies to all genders.

[Friedgreentomato 1]

10 minutes ago, Boiler said:

VAWA applies to all genders.

Okay, then all the men and women in the developing world will soon be immigrating to the US, courtesy of VAWA. 

Edited December 31, 2020 by Friedgreentomato

[Boiler 45,884]

1 minute ago, Friedgreentomato said:

Okay, then all the men and women in the developed world will soon be immigrating to the US, courtesy of VAWA. 

I doubt it, they would have to be here to be abused. Now Biden has stated he will open Asylum claims to those with DV issues so I would think that is where we will see the big numbers.

[Friedgreentomato 1]

2 minutes ago, Boiler said:

I doubt it, they would have to be here to be abused. Now Biden has stated he will open Asylum claims to those with DV issues so I would think that is where we will see the big numbers.

But there is already VAWA for cancellation of removal proceedings. Is that not good enough?

[elmcitymaven 9,712]

3 hours ago, Friedgreentomato said:

Would it still be a possible conflict of interest when he was doing the work free of charge?

No. First, contrary to popular opinion, there is no requirement for payment in order for parties to enter into an attorney-client relationship. Second, where conflicts of interest arise relating to financial relationships between attorney and client, it is often the opposite situation: where, for example, the attorney is providing financial assistance to the client, or conversely where the client is providing a loan to the attorney. Paying wages or salary is not the sort of financial situation that would give rise to a conflict of interest.

 

However, as Boiler points out, if the attorney had previously represented your cousin or was concurrently represented your cousin, that could be a conflict. In the circumstances, this appears highly unlikely.

5 hours ago, Friedgreentomato said:

I was going to provide a supporting statement to the wife. The attorney knows who I am.

 

In what proceeding? My knowledge of immigration law is limited to what I have learned on VJ over the past 14 years, but my understanding is that a VAWA claim does not involve the USC spouse. A statement in support of what? Your cousin's bona fides and his spouse's supposed lack thereof? Why would the attorney helping her file a VAWA claim feel obligated to present your statement to USCIS?

 

I can tell you care about your cousin, but this truly is an area in which no one needs to pay attention to you. If that comes out slightly cruel, it isn't meant that way. You have the potential to mess things up for your cousin by sticking your oar in here. It is probably worthless for me to tell you to butt out, but think on where your support actually is useful: helping your cousin weather what is surely a tumultuous time for him by being his rock. This isn't your fight. 

 

Maven out.

Edited December 31, 2020 by elmcitymaven

[Friedgreentomato 1]

1 minute ago, elmcitymaven said:

No. First, contrary to popular opinion, there is no requirement for payment in order for parties to enter into an attorney-client relationship. Second, where conflicts of interest arise relating to financial relationships between attorney and client, it is often the opposite situation: where, for example, the attorney is providing financial assistance to the client, or conversely where the client is providing a loan to the attorney. Paying a wages or salary is not the sort of financial situation that would give rise to a conflict of interest.

 

However, as Boiler points out, if the attorney had previously represented your cousin or was concurrently represented your cousin, that could be a conflict. In the circumstances, this appears highly unlikely.

In what proceeding? My knowledge of immigration law is limited to what I have learned on VJ over the past 14 years, but my understanding is that a VAWA claim does not involve the USC spouse. A statement in support of what? Your cousin's bona fides and his spouse's supposed lack thereof? Why would the attorney helping her file a VAWA claim feel obligated to present your statement to USCIS?

 

I can tell you care about your cousin, but this truly is an area in which no one needs to pay attention to you. If that comes out slightly cruel, it isn't meant that way. You have the potential to mess things up for your cousin by sticking your oar in here. It is probably worthless for me to tell you to butt out, but think on where your support actually is useful: helping your cousin weather what is surely a tumultuous time for him by being his rock. This isn't your fight. 

 

Maven out.

She asked me to support her abuse claim.  Good to know that there could be conflict of interest here at play because he was representing both of them in the beginning. 

[Boiler 45,884]

33 minutes ago, Friedgreentomato said:

She asked me to support her abuse claim.  Good to know that there could be conflict of interest here at play because he was representing both of them in the beginning. 

There was no conflict in the beginning.

[Friedgreentomato 1]

16 minutes ago, Boiler said:

There was no conflict in the beginning.

Oh, I see. Well then it looks like there is nothing that can be done but hope that she filed a VAWA cancellation petition. 

[Friedgreentomato 1]

To all of the VAWA apologists on this board one thing needs to be made very clear about this case. My cousin wanted to end the relationship three months after their marriage because *she* was abusive. But he still wanted to help her get her green card so he didn't file for divorce. What should have happened was for both of them to have accepted the reality of the situation and to have immediately withdrawn her petition. And yes, this means she would have had to go back to her home country. Apparently this outcome is unthinkable for some people on this board, but this is the reality. Nobody is entitled to a green card.