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My Buddy really stepped in it!


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mistaeric

He was a 52yr old guy in the U.S. military stationed in  Kyrgyzstan for yrs. He met a 25yr old lady there and they dated a few years and he decided to apply for the fiancée visa to bring her to the U.S.A. They married in the court house in the U.S. and after almost a year of married,cracks were starting to form in the relationship. From religion to politics the arguments grew and strained their marriage. They started sleeping in different rooms in his house,and she started attending more and more of her church of choice. I'm getting only one side of the story,but my buddy says he had a little to drink one night and tried to seduce his wife and she didn't want the attention. He said she overreacted and ran screaming to the neighbors in her nightgown(now she got witnesses)and they called the police. He was arrested for one night and judge barred him from his own house(he purchased yrs ago)for 60 days. She got good info from somebody because if a husband is accused of domestic violence against his wife from another country,she is in the fast lane for citizenship! Would it have mattered if he married her in Kyrgyzstan and then traveled to the u.s.? Or would he still be in the same boat legally?

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Hopefully he got a prenuptial agreement before he got married... The Filipina women have family - friends - and a strong support group waiting for them here in the USA U did not say if she is one, but just in case, the outside support groups are not to be taken lightly. He should get a good lawyer and beat the police report and make sure it is dismissed.. He could hire a private investigator to track his wife and also the church group and their outside influence on her and their marriage.  A lot depends on what state he ilves in. Each state has different laws. If any kids take that into consideration too... but I would spend cash on a lawyer and don't go cheap. 

of course, as always jmho

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Monsoon

He is lucky to not be charged with some variety of sexual assault.

 

Sent from my GT-I9505 using Tapatalk

 

 

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shadow

She got good info from somebody because if a husband is accused of domestic violence against his wife from another country,she is in the fast lane for citizenship! Would it have mattered if he married her in Kyrgyzstan and then traveled to the u.s.? Or would he still be in the same boat legally?

It does not matter where he married, they are still married just as much. If she remains married to him and are still living together she can apply for citizenship 2 years and 9 months after issuance of her first green card. If they are no longer married and living together she can apply for citizenship 4 years and 9 months after issuance of her first green card. The only real difference is by claiming abuse she does not have to prove financial capability. Not exactly "fast tracking"...

 

He needs a good lawyer. Some Fil/Am groups thrive on destroying relationships. Crab mentality, if I can't have a good husband neither can you.

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Dragonladies.org

Does she have a ten year, or conditional green card?    

 

Most aren't' concerned about becoming 'citizens', they just want to be able to keep or get the green card.

 

It sounds to me like she had this planned.  The 'problems' start, arguments, sex gets cut off, about the time the conditional green card is in hand, or shortly after.

 

Up until the point they have the initial green card, unless they are abused, they really don't have much of a chance to stay in the US if you separate or divorce.  

If they claim abuse, they can start the process to stay.

 

Yes...sometimes they are coached about the procedures to do this by 'friends', but many get off the plane in the US knowing this already..

 

Encourage him to keep away from her, and get a lawyer.    The police report  (not conviction) alone may be enough for her to file under VAWA. 

 

He doesn't need to be tricked into supplying her with more evidence.   

 

I'd offer to pay her way home.  Get her out of the house, out of the country.   Pay her, if you have to. 

It will be cheaper in the long run, unless she is able and willing to support herself here.

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If the sponsor applied to adjust her status after they are married and filed the Affidavit of Support then even if he divorces her he could be liable to financially support her because he signed an affidavit of support.  Also, if she collects means tested federal benefits, he could be liable to repay the government the cost of those benefits.

 

Can the applicant use government assistance or public benefits?

If the sponsored immigrant uses federal means tested public benefits, the sponsor is responsible for repaying the cost of the benefits.

What are federal means tested public benefits?

Federal means-tested public benefits are the following:

  • Food stamps;
  • Supplemental Security Income (SSI);
  • Medicaid;
  • Temporary Assistance for Needy Families (TANF); and
  • State Child Health Insurance Program (CHIP).
I have heard of cases where the immigrant has taken the Affidavit of Support to a court to get a court order of financial support from the Sponsor.  The I-864 Affidavit of Support is a contract between a sponsor and the applicant that is required for some immigrant visas. In this contract the sponsor agrees to provide financial support for the applicant until he/she becomes an American citizen or can be credited with 40 quarters of work (usually ten years).  What's the incentive for an immigrant to work or get citizenship if he/she can be supported indefinitely by a sponsor?  Divorce does not terminate an Affidavit of Support either.   Scary stuff.
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This is more than likely the reason for the false abuse claim:

 

Battered Spouse, Children & Parents

As a battered spouse, child or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA).

The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and permanent residents (Green Card holders) to file a petition for themselves, without the abuser's knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.
 
The VAWA provisions, which apply equally to women and men, are permanent and do not require congressional reauthorization.

 

Those Eligible to File
  • Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
  • Parent: You may file for yourself if you are the parent of a child who has been abused by your U.S. citizen or permanent resident spouse. You may include on your petition your children, including those who have not been abused, if they have not filed for themselves. You may also file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
  • Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.
Eligibility Requirements for a Spouse
  • You are:
    • married to a U.S. citizen or permanent resident abuser

    or

    • your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing, or
    • your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing due to an incident of domestic violence, or
    • you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
  • You:
    • have been abused in the United States by your U.S. citizen or permanent resident spouse, or
    • have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services, or
    • are the parent of a child who has been subjected to abuse by your U.S. citizen or permanent spouse.
  • You entered into the marriage in good faith, not solely for immigration benefits.
  • You have resided with your spouse.
  • You are a person of good moral character.
Eligibility Requirements for a Child
  • You:
    • are the child of a U.S. citizen or permanent resident abuser
    • were the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence
    • have been abused in the United States by your U.S. citizen or permanent resident parent
    • have been abused by your U.S. citizen or permanent resident parent abroad while your parent was employed by the U.S. government or a member of the U.S. uniformed services
    • have resided with the abusive parent
    • have evidence to prove your relationship to your parent
    • must provide evidence of good moral character if you are over the age of 14
Eligibility Requirements for a Parent
  • You are the parent of a U.S. citizen son or daughter or were the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence or died within 2 years prior to filing
  • You have been abused by your U.S. citizen son or daughter
  • You have resided with the abusive son or daughter
  • You are a person of good moral character
Filing Process
  • You must complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, including all supporting documentation
  • You must file the form with the Vermont Service Center (VSC)
  • If you meet all filing requirements, you will receive a notice (Prima Facie Determination Notice) valid for 150 days that you can present to government agencies that provide certain public benefits to certain victims of domestic violence
  • If your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant  is approved and you do not have legal immigration status in the United States, we may place you in deferred action, which allows you to remain in the United States
Working in the United States

If you have an approved Form I-360 and have been placed in deferred action, you are eligible to apply to work in the United States. To apply to work in the United States, you must file the Form I-765, Application for Employment Authorization, with the Vermont Service Center. 

Your children listed on your approved Form I-360, may also apply for work authorization. For more information on working in the United States, visit our Working in the U.S. page.

Permanent Residence (Green Card)

If you have an approved Form I-360, you may be eligible to file for a green card. Your children listed on your approved Form I-360 may also be eligible to apply for a green card. For information about filing for a green card, see the Immigration Options for Victims of Crimes Brochure.

For more information on battered spouse, children and parents, visit our Questions & Answers: Battered Spouses & Children page.

This page can be found at www.uscis.gov/batteredspouseschildrenandparents

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shadow

 

If the sponsor applied to adjust her status after they are married and filed the Affidavit of Support then even if he divorces her he could be liable to financially support her because he signed an affidavit of support.  Also, if she collects means tested federal benefits, he could be liable to repay the government the cost of those benefits.

 

Can the applicant use government assistance or public benefits?

If the sponsored immigrant uses federal means tested public benefits, the sponsor is responsible for repaying the cost of the benefits.

What are federal means tested public benefits?

Federal means-tested public benefits are the following:

  • Food stamps;
  • Supplemental Security Income (SSI);
  • Medicaid;
  • Temporary Assistance for Needy Families (TANF); and
  • State Child Health Insurance Program (CHIP).
I have heard of cases where the immigrant has taken the Affidavit of Support to a court to get a court order of financial support from the Sponsor.  The I-864 Affidavit of Support is a contract between a sponsor and the applicant that is required for some immigrant visas. In this contract the sponsor agrees to provide financial support for the applicant until he/she becomes an American citizen or can be credited with 40 quarters of work (usually ten years).  What's the incentive for an immigrant to work or get citizenship if he/she can be supported indefinitely by a sponsor?  Divorce does not terminate an Affidavit of Support either.   Scary stuff.

 

One correction, the I-864 is a contract between the sponsor and the US government, not the sponsor and the applicant.

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And after all of this.. my wife has stayed with my old ugly ass for 10 years this month... so there is always that chance that your friend might make it... I hope so... but if he feels that this is not the way it should be... he should think about protection.. and get the professional advise to reach that protection... as always jmho....

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She will probably try and use the violence against women act 

 

The government wont even communicate with him about her status after the lawyers are involved

 

His best bet is to file for divorce and custody ( do not have her served)  of any children the day after the restraining order is lifted using his home address--- or get the child in his possession then just file if he is not worried about loosing the home for awhile

 

he needs to keep kissing her butt until this time and work his way back into the home if possible--- if not--- the day the restraining order runs out he legally can reenter the home

 

then just simply call the police, show them the divorce papers and ask them to serve papers and escort her off the property

 

Establish a well regimented schedule and activities for the child---- usually whomever has possession of the child is who the courts will grant custody too

Edited by KID
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Ya know, there is an old swamp down in South Georgia. It's called the Okefenokee

 

 

 

There has been a LOT of things gone missin', and never found, in that ol' swamp. That, I kin assure ye.

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JohnFromTexas

He would still be in the same boat, or a very similar one, I imagine.

 

His main screw up was - taking her to the states. 

 

Some would say his screw up was the choice of woman.  I didn't hear mention of a kid and that was his wisest decision if that's the case because he'd be screwed forever if he made a baby with her already.

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smokey

i know a guy who married a nice sexy lady a few years ago ,,,, it was all good i was told for the first year and now they have a baby and its not his and she is PG with another baby but different guy and he took a job after being retired she works part time but all her money goes to help her boy toy  ,,, oh life is grand 

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SkyMan

 

 

soundz familr dam i havent even left cebu yet hehe i gess i betta not take her bak to my beaverry then werever that is ...
Just curious, how old are you?
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