U.S. citizen married to resident alien in FL, immigration marriage fraud false domestic violence report

Your wife may be eligible to pursue legal permanent residency based on the Violence Against Women Act. Just because your marriage is not working out does not mean that your wife has committed either immigration or marriage fraud.

That sucks! I'm in the same situation. Attempting to obtain an Annulment based on fraud.

The filing of a domestic violence injuction against you by your wife has no bearing on her immigration status. There is a law that protects women against violence in relation to immigration law. If the marriage is abusive and she has a case based on abuse (physical, mental, emotional, pschological), she may be entitled to the protection of that law under the Violence Against Womens Act (VAWA). She hasnt committed any immigration fraud either as she has to prove her case. This a very sensitive area of immigration law and is intended to protect spouses,parents and children from abuse. There is no marriage fraud as far as is provided. If you married her for fraudulent immigration purposes then you are both liable for marriage fraud. However the marriage fraud for immigration purposes only becomes a fraud if you tried to obtain immigration benefits through fraudulent marriage(for that purpose).

Your wife may attempt to file for a green card (lawful permanent residence) as a battered spouse, which does not require your sponsorship. If you suspect marriage fraud on behalf of your wife (i.e. she used you to obtain immigration benefits), you should contact your local USCIS office and report the facts. In addition, if you previously filed a family petition (Form I-130) on behalf of your wife, you should mail a letter to the appropriate USCIS office withdrawing the petition. My Firm does not handle civil court matters and therefore can not provide recommendations to you on this matter. Please call (407) 232-0534 or email the Serianni Law Firm if you need assistance with any U.S. immigration matter. Thank you and best wishes.

I am facing the same situation right now. You need to be on top of your case. You need to walk the walk and talk the talk. Do not rely on attorneys to represent you in any proceedings. You may seek their legal advise as you need. Your spouse want to do self petitioning using VAWA program. Write USCIS immediately withdrawing all your sponsorship on her. Get a restraining order against her from entering your place. Protect all your documents and if you search her emails you might find some mails to prove he plans of marriage sham. Immidiately file for annulment of marriage. Do a publication of the sumons assuming you don't know her address. You want to get a default on her. If you don't get this default and she contests it, the divorce might go on longer than necessary during which time, she will get her green card or whatever. You have to remain on top of your case. I just got my annulment and I'm preparing to sue for marriage fraud. Good luck.

You can withdraw your I-864 affidavitt of support if the beneficiary's I-485 has not been approved yet. If your spouse's I485 has been adjuncated you cannot withdraw the I-864. You must also withdraw your I-130 or I-129F and your spouse will be out of status and subject to removal. Even if your spouse files a I360 VAWA petition she will still be subject to removal even if she obtains Prima Facie status if her I485 was never approved. The I-360 VAWA processing time is now about 18 months in 2009 and everyone , including Marriage Fraud scammers,recieve Prima Facie status 2 weeks after filing if there are no paperwork mistakes due to the backlog.