Immigration, I-130 fraud, USCIS fraud

Asked about 6 years ago - Miami, FL

in 2003 I married my wife and applied for I-130 and was approved she came into U.S march 15 2003 we live in different addresses because she wanted to live with her mother home .the I-751 form was filed before the 90 days window period then I told her that I did not wanted to continue with her no more if she didi not come and live with me she got angry at me and she locked me down called the police she then told the police that I hit her I then was arrested for domestic violence two days later she went to the state attorneys office and said that I locked her down and I was charged with self imprisoment ,simple battery ,and stalking I then wrote a letter to USCIS letting them know that I was withdrawing the I-751 I went to trial and won the case because she never show up at the court the case was dismissed then three month later she came to me begin to assist to the USCIS appointment that was on 7/7/2003 but didn't went she was told that she had made a fraudulent marriage and she ha s30 days to reapply now the big problem I have is that she has threat me to file a restraining order wish she was granted how? don't know but it hasn't been served beacuse she use my old addreess and my neighbors alerted me . my question is wath can I do so she can stop diong this to me I no longer am with her I sent another letter to USCIS in vermont to take this woman of my back asap I'm waiting to see what they tell me can anyone help me what to do .thanks

Attorney answers (1)

  1. Hassan Hussein Elkhalil

    Contributor Level 15

    1

    Lawyer agrees

    4

    Answered . If I understand your question correctly, you do not live with this women or you have never lived with her at all. From immigration perspective, you did the right thing by informing the USCIS that the marriage is not in good faith and your failure to cooporate and attend USCIS interview is a good indication that the marriage is not in good faith. This would be her problem to overcome and she will have an uphill battle to face with teh USCIS.

    As to your criminal question, the restraining order, since you live at a different address and have no contact with her, I recommend, if you do not wish to continue your relationship with her, that you do not communicate with her. If you must meet or communicate with her have a third person present. Also, I will send a letter to the district attorney informing him/her of this fact.

    i hope that helps.

    Hassan

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