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My immigrant spouse attacked me in our home in November and I think she has filed a VAWA claim.

San Antonio, TX |

The police report stated she was the aggressor, as a result a warrent will be issued at large for her. She went to the DA's office and they denied her request for a protective order ans the also denied a restraining order. She has filed for divorce and whe she took her things out of the house she took photos, marriage license and all bills. My concern is now she wants to sue me in federal court for I864 support and filed for divorce. I cannot imgine a federal judge awarding I 864 support on a USC when the immigrant attacked me. I am trying to have charges pressed aginst her but my divorce attorney keeps telling me not to goto the DA's office.. Can someone help? Will she get her VAWA claim and I will be put on blacklist?

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Attorney answers 3

Posted

VAWA is when the person is getting the first green card. You say there is already an I-864 - so can't be VAWA, but possibly abused based I-751 (application to remove the conditions on green card). The I-864 is a legal contract between you and the government to keep the immigrant spouse above the 125% poverty line and yes it can be enforced. To protect yourself from any false allegations, you can always write to CIS. Also, you may want to consult with another matrimonial attorney

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

Asker

Posted

why would a judge order such a thing? that is insane! there have been no know cases of a i864 in the western district of texas. SO your saying she can abuse me. and I have to pay. I thought I 864 was contract between the government and myself. How would I write USCIS I do not have her a number and she went through the entire house and removed all paper work we had for immigration. to tell you she attacked me on friday night, I was taken off all contact with her dughter on monday, buy wedesday she tried to what in Texas they call "double charge me" and that failed. So by the bext friday she was at divorce attorney So having trouble thinking I get attacked in my own home and then have to pay her spousal support she keeps the premartial asset she removed from the house,. so you are telling me they will pick a immigrant over a USC?

Asker

Posted

What is first grren card..She already has 2 year green card. So would she file a i-751 or a i360 I am confused? And the proof is prettylow for a VAWA claim to tell you the truth now I see why immigrant spouses use this, it is great way to take advantage of the system, she files I do not get me say and she gets green card and I get to pay support all based on her lies to the government...really? Now I know why they want to change the VAWA.

Irene Vaisman

Irene Vaisman

Posted

First of all, do not yell at me. Second, I understand your frustration. Third, I already suggested that you switch your attorney so that maybe your attorney can adequately protect your rights. If you attorney understands immigration law just a little bit, they will know how to notify CIS.

Asker

Posted

Not upset at you...no offense please..:) Just now I see why immigrant spouses use this end to get a free green card. And is it true that i864 is a contact between the government and myself...how can she sue me?

Irene Vaisman

Irene Vaisman

Posted

they can sue you if the spouse uses a means tested public benefit, they can ask you to reimburse them

Asker

Posted

thank you Irene, so how has it been cases like stump v stump and davis v davis have been used to get spousal support? What my spouse is doing is using the system aginst itself, it seems. how easey is it for USCIS to spot false VAWA claims , it seem on instructions that you do not even have to submit a police report or if a RO or PO was issued. So Irene how is this possible that a immigrant can sue me in federall court? I mean if that is th case I should go live in Europe for a few years LOL

Irene Vaisman

Irene Vaisman

Posted

speak to another matrimonial attorney to get a better protection on your rights and good luck to you

Asker

Posted

Irene sorry to ask againbut how is it that these women got to sue if it is a contract between the government and the sponser? Just asking and thanks for all your help

Irene Vaisman

Irene Vaisman

Posted

you should read the instructions to the I-864. it explains it well. But they have standing to sue if they are below the poverty guidelines

Asker

Posted

Thanks for your time Irene !!!!!!!!!!!!!!!!

Irene Vaisman

Irene Vaisman

Posted

you are welcome and good luck

Posted

I agree with Ms. Vaisman ... you need to talk to an attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Posted

I think your legal issue is more geared toward divorce and matrimonial law and domestic violence, so you might be better advised by a family law attorney. I changed your tags to reflect that.

On the immigration issue, if you signed an I-864 affidavit of support, then she probably already has her green card (but it may be a conditional one). It is legally enforceable. She may file an I-751 to remove the conditions on her green card asking for an exception of the dual filing requirement based on domestic abuse. It sounds like you need a good family law attorney who can help you sort out the financial obligations and the issues of domestic violence. You could write to USCIS explaining your side of the story if you are concerned about her getting her green card without filing with you.

www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

Asker

Posted

Christina...will they take the file I send in whit any kind of merit? I am not a embittered spouse just do not want someone in country that is violent and mentally unstabel. How is I 864 enforcable? She attacked me. I am very confused about this and will speak with a immigration attorney about this also here in texas.. I thought I 864 was contract between government and myself and did not inculde her. if I pay 125% of pverty line a will be on the streets in no time. This seems highly unfair.

Kristina A. Gasson

Kristina A. Gasson

Posted

It is a contract between you and the government to support her. This doesn't mean you have to pay her enough money to be above the poverty line, but if she relies on government assistance, the government may sue you for the amount she receives. She can also use the I-864 in court when they may determine alimony. This is not definite and if you show them the police report and that she was at fault, they will likely not proceed with any lawsuit against you. I wouldn't worry about that at the moment. You should contact a good divorce attorney who can help you sort out all these issues in your divorce settlement.

Asker

Posted

Thanks!!!!!!!!!!!!!!!!

Asker

Posted

the best part is Texas you have to be married over 10 years to get alamony!!!!