I-485 and divorce

[poongunranar]

The only thing that the Primary needs to worry about..

..is being questioned for the original "bona fide" intent in the marriage, assuming a legal divorce was applied for and if the matter is either sub judice or is decreed. Other than that, one doesn't need to worry.

If you are a LPR or USC, the secondary will screw you by falsely alleging "mental" or "physical" abuse so that he or she can apply for his or her own I-485 under I-360 at the Vermont Service Center. Of course, there are always genuine cases of abuse that I am not including for discussion.

 

[TheRealCanadian]

Very simple. Living under same roof, after a dispute I cannot plainly decide that I am not going to feed my wife or support my wife.

The affadavit of support is completely outside any civil obligations that are found in a divorce. It's a pledge of support to the US government, which the alien can withdraw at his/her pleasure, pledging to repay any government benefits that the dependent alien receives.

 

[poongunranar]

revoke485

It is VAWA and your basic premise is absolutely right. However, there has been a strong lobby and am not sure if there is case-law, which basically may allow similar benefits to immigrants married to non-LPRs and non-USCs. Currently, I don't have any case and so I will entirely agree with your speculation.

But, I know of a case personally where this happened. The secondary is honchoing application under asylum category, I guess.

 

[RNJ]

Poongunranar,

Thank you VERY MUCH one more time for getting all this very valuable information for me. I do not always respond (a very busy semester!) - but I do read all your, TheRealCanadian's, DOM2004's, Revoke485's, and other people's responses and they very much help me to understand where I stand and what is going to happen in the months to come.

Btw, no "affidavit of support" was ever filed as part of our I140/I485 package.

Thanks!!!

Pralay,

Very simple. Living under same roof, after a dispute I cannot plainly decide that I am not going to feed my wife or support my wife.

With all due respect, we do NOT live under one roof.

She settled in a different city in a different state shortly after our marriage and came over only on weekends, spending vacations separately. We signed a settlement agreement and separated more than 18 months ago. The last time I saw her was last spring when we met for 3 min to get her signature on a form, as I was helping her with EAD and Advanced Parole.

As to feeding and support, she is not from Vietnam but from a wealthy Western-European country where she has $40,000 in a bank, while I spent about the same amount on her education in the US because I loved her. Now she has two graduate degrees and a job.

But I guess there is no way on earth you would understand what I feel except if you yourself lived through a betrayal by your loved one, when you are just coldbloodedly traded for $ and shiny things.

In her sick logic, after having used me for several years, I should remain married to her on paper for many more years, depriving myself of a possibility to remarry and have children, just for her to obtain her green card. She is not even asking for that, but DEMANDING, threatening to go after my money and to accuse *me* of immigration fraud. I've been in this country for 11 years, working hard, paying taxes, and NEVER breaking a single law. So, whatever she means and whatever she demands, I am not putting up with this anymore and take proactive steps to get my divorce asap and to notify all relevant legal authorities about her manipulations, so that they decide what to do with her.

RNJ

 

[pralay]

With all due respect we do NOT live under one roof.

I hope you understand that the later part of the discussion was mainly generic - without any reference to your case or situation.

But I guess there is no way on earth you would understand what I feel other than if you yourself live through a betrayal by your loved one, when you are just coldbloodedly traded for $ and shiny things.

I don't intend to understand and I don't pretend to understand. Please leave your grudge/frustration at your home or share with your close friends/relatives who are empathic to you. This is a public forum for mainly immigration issues. Therefore don't expect the same.

Your context of "betrayal", reference to "shiny thing" don't fit into this forum.

 

[poongunranar]

Rnj

RNJ:

Whatever, I am writing, I do write it from my own personal experiences and sorry I cannot delve any further. Therefore, I can fully place myself in your position and can gorily see what you are undergoing.

Also, see if your wife is having an Indian-Naturalized-American attorney-at-law as her lawyer, because there seems to be a systematic pattern developing with this powerful group of Indian Attorneys who are hell bent keen on going after "soft targets" with exact similar profile as yours -- "no brush with justice system," "living without any problems for 10 years or so," "honest tax-payer," "victim of one's own good-reputation, honor, and right to a peaceful life." It is precisely these soft-targets who are gone after, so that they can be forced to eat a humble-pie in their spouses' cases so that these folks can always be imprisoned in their own houses -- always servile to the diktats tolerant of the dalliances of the other spouse who is all set to call the shots!

revoke485:

Consult a leading immigration attorney or contact an abused shelter and you will see if I am voicing what I have observed. Friend, I never second-guess and those who browse TSC forums know that. As I said, I don't have any first-hand knowledge of cases which have been filed under VAWA for non-immigrant spouse primaries. However, I have seen sites where they had claimed that there are ways to deal with such cases and am not sure if it was just selling-point or may be they had wanted to truly protect such people from any fear of immigration fallouts. In any case, I merely shared what I saw and heard. If you ask me personally, I am almost 100% sure that VAWA cannot be applied for non-immigrant visa sponsoring spouses. But then, I just wrote based on hearsay.

 

[poongunranar]

revoke485

I come across various resources and therefore, I am just not able to pin-pointedly show you the source for such a miniscule possibility. As I said, VAWA is not for non-immigrant spouse primaries. Period. However, I am not sure, how such pro-bono groups and other so-called activists claim that they can "help non-immigrant spouses to file their own I-485 without the help of their primaries using VAWA." As I said, it may be just a sales-pitch. However, one such site was a renowned site which I don't remember right now. When I get that out of my mind, I will post it here.

As far as your last comment, I will not join issue on it, but can only share my own experience and that is: YEAH, it is possible!!!!

 

[RNJ]

Poongunranar,

I know Pralay is going to complain about me being off topic again, but reading your English is such a pleasurable experience

RNJ

 

[poongunranar]

Rnj

Thanks for your comments. I have sent you a private message. Please check it out and you will find comfort I don't have enough space in my inbox and so don't send me private messages to my inbox, but to my email address directly. Of course, it is always preferred to have our discussions here in this thread. However, if you want anything personal to share, please do send a private message to my email and not to the private messagebox of this site. Thanks for your understanding.

 

[RNJ]

to Poongunranar

Poongunranar,

Thanks for your comments. I have sent you a private message. Please check it out and you will find comfort I don't have enough space in my inbox and so don't send me private messages to my inbox, but to my email address directly. Of course, it is always preferred to have our discussions here in this thread. However, if you want anything personal to share, please do send a private message to my email and not to the private messagebox of this site. Thanks for your understanding.

Thank you for your message.

When I tried to respond via regular e-mail, I got a message:

"Sorry! That user has specified that they do not wish to receive emails. If you still wish to send an email to this user, please contact the administrator and they may be able to help."

RNJ

 

[poongunranar]

Rnj

I don't know why. I have my options set always to receive emails from members as well.

Take care.

 

[BJHoneycut]

RNJ, I empathize with your situation...

RNJ,
I am glad that you are able to elicit good responses on the net. I agree with
poongunranar on the following reference.
======================================================
Also, see if your wife is having an Indian-Naturalized-American attorney-at-law as her lawyer, because there seems to be a systematic pattern developing with this powerful group of Indian Attorneys who are hell bent keen on going after "soft targets" with exact similar profile as yours -- "no brush with justice system," "living without any problems for 10 years or so," "honest tax-payer," "victim of one's own good-reputation, honor, and right to a peaceful life." It is precisely these soft-targets who are gone after, so that they can be forced to eat a humble-pie in their spouses' cases so that these folks can always be imprisoned in their own houses -- always servile to the diktats tolerant of the dalliances of the other spouse who is all set to call the shots!

revoke485:

Consult a leading immigration attorney or contact an abused shelter and you will see if I am voicing what I have observed.
======================================================
Yes, poongunranar is 100% correct on this one...

My point in mentioning you a similar situation is to bring to the forum of the gangrene of greed that is spreading all over and causing a menace to the sanctitiy of matrimony.

I know of a friend in Dallas, TX who had been through similar ordeal as you are going through now - with added complexity that he was threatened by a woman Social Worker (read "Indian" who is known to have a bad marriage herself) with bad consequences to his citizenship pursuits if he doesn't delay the ongoing divorce with his wife for the sake of wife's GC endeavors. This SW is a known "vulture" that goes after "soft targets" with the help of Dallas based lawfirm (read "an Indian-Naturalized-American attorney-at-law"). This combo, with very questionable history behind them, had repeatedly conducted immigration-racketeering of sorts by harassing male individuals with threats of unfounded spousal abuses there by training and assisting her clientele (i.e. those alleged victims of spousal abuse) with the sole purpose of fraudulently obtaining Green Cards for her clients and extorting hefty sums from their spouses through albeit falsified documentation for VAWA application and Personal Injury Tort claims.