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What are the steps for a battered/harassed/threatened spouse to file for V.A.W.A. in order to successfully file for I-751

Los Angeles, CA |

My spouse defrauded me for his green card. To keep things short, we are now divorced. He abandoned the marriage right after obtaining his 2-year conditional green card. I have reported his fraud with proof to the U.S.C.I.S. and he knows this. All of a sudden, he is bringing forth a one year old email from me where I told him a few things being upset for what he had done to me, and has filed for a temporary restraining order against me. The thing is that he doe snot have any proof to show that he entered our marriage in good faith whatsoever, so it seems like he is trying to collect documentation through the court. Mind you that after he obtained his conditional status and abandoned our marriage to go to Russia for 7 months, we did not see each other to this day and it's been like 1 year an

and 3 months, so he could not possible claim a physical abuse where there was none and since it's been forever since we saw each other. For this reason, he has looked through my emails and found one where I was really upset over what he did to me and through that email a year ago, he has filed for a domestic violence for threat temporary restraining order. My questions are as follows...can he now use only the temporary r.o. to file for V.A.W.A. and successful get a green card or it is not that easy. Will it be helpful for me to write to immigration before our permanent hearing to explain the same issue to immigration to keep them aware since his actions are pretty much obvious and I am sure immigration gets lots of such scammers day and night. What are the steps in filing for the waiver to individually remove the conditional status with a domestic violence temporary r.o....or is the court first needs to make it a permanent r.o. before he removes the waiver.

Attorney Answers 2

Posted

To file the I-751, your spouse will have to prove that he entered into the marriage in good faith and that you are now divorced, or that he entered into the marriage in good faith but he has been battered or subjected to extreme cruelty by his spouse. USCIS is aware of fraud in these applications and will review all of his information very thoroughly to make both of those determinations.

The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.

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Asker

Posted

ok. Thanks so much! I know for a fact that the USCIS got my fraud report. So just to confirm what you said....regardless of what he accuses me of, if he can not provide documentation that he entered our marriage in good faith, then a d.v. waiver will not do much to him if there is a fraud report against him by me and my parents. Is it always battery that counts or not...basically do i had to hit him or his claim now of a threat using a 1-year old email will count as a d.v. in the eyes of immigration or not. Thanks.

Laura Justine Jacobson

Laura Justine Jacobson

Posted

It doesn't have to be physical battery -- emotional cruelty can be enough, too, if it rises to the level of extreme. Remember that he'll have to show both that he entered the marriage in good faith AND that you subjected him to battery or extreme cruelty. If he cannot prove one of these, he will not be able to get the waiver. If you found this answer helpful, please mark it as "helpful" or "best answer."

Asker

Posted

I did mark it as helpful...thanks again :) my last question....so he could only show this if the court turns the temporary order against me to a permanent one I assume....or how will he prove that there was a domestic violence when there was no police activity as we have not seen each other forever.

Asker

Posted

p.s. i was just reading that it is very easy to try the domestic abuse claim to get his green card....so let's assume he tries this, then he does not have to prove that he entered the marriage in good faith since he has chosen the domestic violence route in getting his green card. I guess this is what worries me specifically that it will give him the opportunity to jump through proving that he entered the marriage in good faith straight to getting an easy g.c. based on domestic violence. This is ONLY and assuming that he wins the case, which he will not...this is so unfair.

Asker

Posted

p.s. since there is a fraud report on him, will filing for domestic violence through VAWA or I-751 be hard for him for the fraud or the fraud does not hinder his domestic abuse based I-751...just trying to further understand if the fraud could hinder things for him either way.

Laura Justine Jacobson

Laura Justine Jacobson

Posted

No, he still has to show that it was a good faith marriage, too. The fraud report you made should make it harder for him to show good faith, because he will have to answer to that. There is no set list of documents he will need to prove cruelty -- they will review the documents on a case-by-case basis. Police activity isn't necessarily needed to show extreme cruelty, and neither is a permanent protective order. Some other ways he could prove abuse are through affidavits of people who witnessed it, a letter from a therapist or social worker, medical records, etc. I can't tell you for sure that what he already has won't be enough, but I can tell you that USCIS will look at the claim of cruelty very thoroughly, especially if they have reason to believe the marriage wasn't in good faith. I understand your frustration and that it doesn't seem fair, but there is not much more you can do at this point.

Asker

Posted

go it thanks! well for now i only know of this t.r.o. against me, though I have a police report before he filed for a t.r.o. which i need to send to the u.s.c.i.s. to be put in his file. it's regarding the threat he made to me about going to immigration to report him.

Posted

No need, just file I751. Reach out to victim of domestic violence clinics. They are all over the country. They may assist for free.

www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.

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Assist in what....i am saying that I got defrauded with the very same people you are referring to. Please read what I have written above for a better understanding of my question...what I would like to know if it is so easy to file the waiver and automatically get a permanent green card or that he needs to prove that he entered our marriage in good faith first. He is filing a false domestic violence against me.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Translating: No need to file VAWA petition. Sufficient to just file 751. He can reach out to a number of batter spouse clinic all over the country and have help for free.

Asker

Posted

thanks...so are you saying that just claiming an abuse is enough to file the 751 and get his fraudulent green card. it seems to easy to me to be honest...doesn't he needs to prove that he entered our marriage in good faith if I am not mistaking. This is what I am trying to understand...what specifically he needs to show to immigration to successfully remove the conditional status and get a permanent green card. I guess immigration will ask him to prove that he was faced with domestic violence right...so since he has only a temporary restraining order against me, will the tempo. restraining order be enough for him to claim successfully the abuse or since the court has not determine if the temp. order should turn into a permanent one, he can not file the 751 waiver not having the court yet determine if there was an abuse (of any kind) or not. This is the nuance I am trying to understand not whether or not he can file it or not...i am sure everyone can file it but not all will be successful in getting their permanent green card. I'm trying to understand what is it that he needs to show to immigration that there was a domestic violence and what the immigration will require from him as proof in that case. I would appreciate if you could please advise specifically as to what he needs to show the immigration having no proof that he entered our marriage in good faith to begin with. Thanks in advance.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

yes he does, but you lived together for a while did you not? Write a lette to USCIS and explain. Pu them on notice

Asker

Posted

oh yeah I have and the u.s.c.i.s. is already aware! :) that i know for sure. well in terms of living..not sure if you are referring to living during the petition of the green card or even after he received his conditional green card.....we did not live together after he received his green card...so we lived together for one year (close to 12 months but a bit less), while he petitioned for his conditional g.c. so once he got his conditional g.c., he abandoned the marriage to go overseas for 7 months after just 12 days of the arrival of his g.c. So not sure which period of living together you were asking, but this is the situation i was faced with, so not sure if they will count from the day of our marriage that we lived together or is it necessary to live together after the arrival of his conditional g.c. thanks for your comments again.

Asker

Posted

p.s. my divorce was filed just 2 months after he obtained his g.c. as I realized what was going on in reality! i even told the u.s.c.i.s. that i later wanted to switch to annulment, but i was told about the time it would consume as well as how costly it was going to be when i was fresh out of college for a year and was not working, so i could not put my own parents in all this financially so i continued with my dissolution instead for this reason. also, most of the documented proof i obtained was several months after the divorce, so i think at the time of the annulment, i would not have had a strong case so to speak...so i think the dissolution was the right option for me instead of spending so much money on attorney without having the proof that I have today. i explained to immigration all this as well so that they would not wonder why i did not apply for an annulment. i also heard that regardless of the proof, many times it is hard to obtain, so i was not into being dragged into court for a long time as I had no nerve for that if you know what I mean.

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