Reporting domestic abuse & marriage fraud

[VALU 55]

My soon to be ex husband was arrested for domestic abuse. He is being charged for 2nd degree assault, using a dangerous weapon and child reckless endangerment of two minors. He spent 3 months in jail and has been released on bail and is wearing a gps. Criminal trial has been getting delayed by defendant to buy more time and it has been rescheduled the summer. It also became apparent that he married for papers. He is from the Dominiacn Republic and apoears to have a Narcissist Personality Disorder. His temporary greencard expired not long ago. I have reported him to USCIS for marriage fraud and domestic abuse via the online marriage fraud report form. I want to send documents with proof that he has a pending criminal case, Child Protective Services has indicated him for child neglect and abuse, and all the physical and emotional abuse he put me and kids through. 

 

I believe he filed or is filing to remove condions alone (joint is out of the question). We are not officially divorced but he recently filed for divorce a few weeks before his temp greencard expired. We have 1 child in common. We have lived apart for over a year since his arrest.

 

Question:

 

1. Where do I mail the proof of the abuse etc?

 

2. What are his chances of getting ROC removed/10 yr greencard approved?

 

3. Will he still get the citizenship through me if approved?

 

4. Will I still be responsible for AOS (financially supporting) if approved?

 

5. He doesn't have strong evidence of a bonafide marriage. Is our child alone a strong enough evidence to get approved?

Edited March 7, 2021 by VALU

[milimelo 4,481]

Send to USCIS attention fraud prevention department. 

[VALU 55]

5 minutes ago, milimelo said:

Send to USCIS attention fraud prevention department. 

Thank you. Do you know the mailing address for that? I will Google it but if you know it, please share. I wish the online report form allowed document uploads but I didn't see that option.

[milimelo 4,481]

25 minutes ago, VALU said:

Thank you. Do you know the mailing address for that? I will Google it but if you know it, please share. I wish the online report form allowed document uploads but I didn't see that option.

I’d go with your local USCIS office - there’s office locator on uscis.gov 

[VALU 55]

5 minutes ago, milimelo said:

I’d go with your local USCIS office - there’s office locator on uscis.gov 

Noted, thank you👏.

[Boiler 45,531]

You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423

 

 

1. Where do I mail the proof of the abuse etc? See above

 

2. What are his chances of getting ROC removed/10 yr greencard approved? Impossible to say

 

3. Will he still get the citizenship through me if approved? No he would need to apply on 5 year rule

 

4. Will I still be responsible for AOS (financially supporting) if approved? I 864 yes.

 

5. He doesn't have strong evidence of a bonafide marriage. Is our child alone a strong enough evidence to get approved? He had enough to get a GC in the first place, presumably had more than just a child

 

 

[da95826 387]

If he is convicted of domestic abuse, especially a felony he will become deportable and will not be able to get a green card or citizenship. His fingerprints are in the system so USCIS should be aware of his arrest. While under arrest USCIS will not move any immgration case forward. 

He may have filed a i751 waiver case there is little you can do except report him to USCIS as you are doing and support his criminal prosecution in the abuse case against him. 

USCIS see a number of cases of ex spouses of ROC petitioners attempting to undermine applicants i751 applications due to bitterness about a relationships breakups and often shows there was a relationship itself, however, in this case a convection of spousal abuse and child abuse will make it difficult, if not impossible for your ex to move ahead with any immgration case.

Also he can not file a devorce from you without serving you with the devorce papers. He can not devorce you legally without your participation. You may wish to devorce him yourself and make the devorce difficult for him by undermining his immgration case with facts within the devorce decree that undermines his legal case going forward. Within the devorce itself you can set a separate date as early as possible, you can allege fraud if he married you simply to get a green card and of course you will claim he abused you and your children. A devorce decree that indicates the abuse, and fraud will further make his i751 waiver case most difficult as well.

[carmel34 3,633]

Mail in the evidence you have showing immigration fraud.  The arrest and domestic abuse charges alone do not prove immigration fraud, so you will need documentation of his intent to enter in to the marriage relationship solely to gain immigration benefits.  He had enough evidence of a bona fide marriage to get the 2-year green card, so he can use that to file ROC with a divorce waiver and do it without you.  His criminal record may present a challenge down the road for ROC and if he applies for naturalization but you have no control over that. His future legal status in the US is his own, focus on your own life and the divorce process and try to move on.  Good luck!

Edited March 7, 2021 by carmel34

[Boiler 45,531]

Seems and I know that there are many variations and we are talking of charges anyway that these are likely to be Misdemeanours.

[da95826 387]

A misdemeanor domestic violence case, spousal abuse and child abuse, are still deportable and inadmissable as a crime involving moral turpitude. As long as a convection is characterized as domestic violence.

[retheem 566]

2 hours ago, da95826 said:

A misdemeanor domestic violence case, spousal abuse and child abuse, are still deportable and inadmissable as a crime involving moral turpitude. As long as a convection is characterized as domestic violence.

Actually, if there are two or more misdemeanors whose total sentence is 1 year plus then it's deportable. Then it depends also, are they all filed as one charge or different

[Boiler 45,531]

Big difference between being deportable and deported.

[Duke & Marie 1,389]

I would simply file for divorce and try forget about him.... let HIM worry about HIS immigration status otherwise you may be perceived as vindictive...

 

secondly you have a child together, do you really want him deported and have ZERO contact with the child, zero hope of child support etc..? Even convicted murderers have rights to a relationship with their children and don’t forget a child’s rights to have contact with their parents what happens as this child gets older if he wants to see his dad are you prepared for his running away to DM to do this if you refuse to take him? Lots and lots to consider at a time when your obviously upset.. let the justice system do their  divorce, and let him worry about immigration. 

 

as boiler said, big difference between deportable and deported, and with today’s administration chances of deportation seem to be getting slimmer and slimmer each day, that’s something you may need to accept as far as i864 goes, it’s what you signed up for

Edited March 7, 2021 by Duke & Marie

[VALU 55]

12 hours ago, Boiler said:

You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423

 

 

1. Where do I mail the proof of the abuse etc? See above

 

2. What are his chances of getting ROC removed/10 yr greencard approved? Impossible to say

 

3. Will he still get the citizenship through me if approved? No he would need to apply on 5 year rule

 

4. Will I still be responsible for AOS (financially supporting) if approved? I 864 yes.

 

5. He doesn't have strong evidence of a bonafide marriage. Is our child alone a strong enough evidence to get approved? He had enough to get a GC in the first place, presumably had more than just a child

 

 

Got it, thanks. I thought one couldn't rely on the evidence used to get a temp greencard when it comes to ROC. You need newer info while actually living together in the USA, I thought, based on what I read elsewhere.

[VALU 55]

11 hours ago, da95826 said:

If he is convicted of domestic abuse, especially a felony he will become deportable and will not be able to get a green card or citizenship. His fingerprints are in the system so USCIS should be aware of his arrest. While under arrest USCIS will not move any immgration case forward. 

He may have filed a i751 waiver case there is little you can do except report him to USCIS as you are doing and support his criminal prosecution in the abuse case against him. 

USCIS see a number of cases of ex spouses of ROC petitioners attempting to undermine applicants i751 applications due to bitterness about a relationships breakups and often shows there was a relationship itself, however, in this case a convection of spousal abuse and child abuse will make it difficult, if not impossible for your ex to move ahead with any immgration case.

Also he can not file a devorce from you without serving you with the devorce papers. He can not devorce you legally without your participation. You may wish to devorce him yourself and make the devorce difficult for him by undermining his immgration case with facts within the devorce decree that undermines his legal case going forward. Within the devorce itself you can set a separate date as early as possible, you can allege fraud if he married you simply to get a green card and of course you will claim he abused you and your children. A devorce decree that indicates the abuse, and fraud will further make his i751 waiver case most difficult as well.

Thank you so much. I am waiting for him to serve me. He did send a copy of his divorce filing much later after I had filed my divorce. So we actually filed for divorce around the same time but he was approved for a court fee waiver and I was advised to just withdraw mine and counter his based in my initial filing so I can save my money. So I will counter. 

 

I am not bitter at all. I was so over his unstable narcissistic bs that I asked God to remove him from our life and He did. Life has been great since his arrest and out of my home.