Immigrant wife got me arrested for DV after 1 month of marriage...VAWA?

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InnocentAbuser

New Member
So I've been with my wife for just over two years. We just recently had a little girl and got married soon after. The reason I married her was to help her get her green card because her student visa expires in June of 2011. As the mother of my child I wanted her to stick around and because I had feelings for her. Everything was fine after we got married we got our own little house in a nice neighborhood in Queens, NY. Then all of a sudden we get into an arguement and she calls the police and tells them that I hit her. I was surprised to get arrested since she had absolutely no injuries. Not even a little scratch. (she's from Japan) I spent the night in jail, then found out that an order of protection was issued not only for her but my daughter too! I can't go nowhere near my own home! That's when I learned about VAWA but I was going to help her with her papers anyway and I never laid a finger on her except verbally arguing with her. Right now I'm so angry I don't want her to get her work permit or GC based on a lie and betrayal. Not to mention that I'm in the military and I'm no longer allowed to carry a weapon and could be discharged if I'm found guilty. So I have a question for anybody out therthat knows anything about that VAWA law. How easy is it for her to get it? Is it true that all they need is a police report and a copy of the order of protection (which doesn't mean I'm guilty)? She also has a criminal record for prostitution and possesion of marijuana. Please help with any info. Thanks.
 
This is some screwed up situation. Although I don't know much about VAWA I would think the spnsoring spouse needed to be found guilty in order to qualify. My advice is to fight it on court and don't take a plea (which can be expensive and time consuming). If you found guilty it goes on to your record and will premanently disqualify you for ever owning a firearms and any job in the future that requires one (based on my understanding). You may also contact her through her lawyer or friend and try to reason her several ways.
 
Thanks for your advice Mary. Yes I am fighting the case and expect to be found not guilty since she has no injuries, witnesses or proof that I am a violent person. If anybody out there know anything about VAWA please respond.
 
VAWA is actually not that hard to get. The authorities tend to give the benefit of the doubt to the alleged victims in order to protect the true victims, and crafty women and their lawyers take advantage of this so it has a high level of fraud.

Get a lawyer. Actually TWO lawyers, an immigration lawyer who understands VAWA, and a criminal lawyer.

She also has a criminal record for prostitution and possesion of marijuana.
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Find out the specifics of those convictions. One of them, or both combined, may disqualify her from the green card, VAWA or otherwise.
 
Another sad story of a US Citizen taken for a ride, VAWA is being abused a lot and more than likely she will win her case without listening to your side of the story and you will be kept out of it completly, it's sad that our Government has enacted laws to protect foreign women and nothing for their own citizens to have protection from these kind of frauds.
There are several websites that have horror stories from US citizens who at 60 or 65 could not even hurt a fly but was accused of beating up their foreign wives and was kicked out of their own homes they owned.

www.immigrationfraudvictims.com
www.immigrationfraud.com

Check out these websites and get yourself educated, but there is not much you can do.
 
You are an example of the reason USCs must be very careful about marrying potential immigrants wanting a GC.

You need an attorney - like yesterday. File for a divorce and to prevent your child from being removed. The PO may be temporary. Be sure to have your attorney fight it. If you have any proof that the marriage was for a GC, give it to the attorney for safekeeping. Close all of your credit card accounts. Change all of your email passwords and accounts.

DO NOT CONTACT HER IN ANY WAY!!!!!

Join a forum for men going through divorce.
 
OP - with a child in the marriage, and an arrest record for DV - you CAN'T stop her from successfully using VAWA - there is no way. If she goes that route, it's almost guaranteed, solely because of the child.

Pay attention to yourself. DO NOT, UNDER ABSOLUTELY NO CIRCUMSTANCES, GET IN TOUCH WITH YOUR WIFE AND DAUGHTER. Fight the case.
 
Now you did not mention have you filed AOS papers for her? If you have filed papers at what level of processing is the AOS?
 
OP,

Since you are military, ask the JAG office for a referral to a civilian attorney who is aware of the issues involving military child custody and visitation problems. Many of the normal provisions in child custody and visitation are not appropriate for a military member. Be aware of your special rights.

It sounds like you were not living in housing since you have not been married very long so you do not have to deal with her on base. Be aware that you will be required to support her during the divorce process; the military has a very specific process.

If she has a criminal history, she may be have been disqualified from GC or citizenship. This may be the reason for the VAWA use. Unfortunately, her being denied the opportunity to live in the US would likely mean that your child would also be allowed to leave the country.

(As a mom, I know that young men do not always have good judgment about the women they become involved with. If you have a good relationship with your parents, you will need their support at this time. Moms especially have good radar assessing the girls their sons date.)

The best thing you can do once you get an attorney is to trust him/her rather than post to any forums. You never know when she might be viewing.
 
Good, bad or ugly, you have to deal with this situation and take ownership too. You married a woman who had prior records, and most probably you knew it but still disregarded that. Now sending her out of this country may not be the solution. I would concentrate on making sure that your record stays clean. Let her have her GC or USC, remember she is the mother of your child. In no circumstances your child should be punished for your or her mistake.
Time to move on buddy and don't forget to smell the flowers!
 
I have to say that I agree with you. You are speaking the truth. But it kills me to know that I let my guard down and was played like a fool. That being said, I am still angry. Therefore I will do everything in my power to make sure she needs me to get her GC. Because at the end of the day I want my child to have a mother. I posted on this forum simply to find out if she can self petition or not. Keep in mind that she has no injuries and a criminal history.
 
InnocentAbuser said:
I have to say that I agree with you. You are speaking the truth. But it kills me to know that I let my guard down and was played like a fool. That being said, I am still angry. Therefore I will do everything in my power to make sure she needs me to get her GC. Because at the end of the day I want my child to have a mother. I posted on this forum simply to find out if she can self petition or not. Keep in mind that she has no injuries and a criminal history.
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We live and learn my dear friend. Let her loose and think about YOU and your CHILD. Let bygones be bygones.
Fools think of the past!
Average talk about present!
Smart talk about the future!
God Bless!
 
Innocentabuser,

If you filed an adjustment package for her, you can withdraw your I-130 petition to stop her from getting a greencard from you. OR if nothing has yet to be filed, you are not obligated to do so now. You have those rights, to act or not, but do you want to exercise them? What about your daughter's future? Even in the 21st Century women are still oppressed in Japan and if you are not of Japanese descent, she would likely face racial discrimination as well.

Your wife could pursue a greencard on her own if she can trump up a case of abuse against you. Has she got ammo for that? You mentioned shouting. Was there a lot of shouting? Could the neighbors hear? Did it ever spill outside?

You were with this woman over 2 years and have a child together, is there no hope? Was this an isolated incident that you two can move beyond?

How did you come to hear about VAWA? Did she bring it up or did some "friend" of yours start whispering in your ear? Has anyone filed for divorce or is this just a spat that got blown out of proportion?

Please let us know how you feel after a suitable cooling off period. Don't make any rash decisions based on information you got from a blog full of strangers, no matter how well-meaning they are. We don't know you and you don't know us. This is safe place to vent and ask questions. Basic facts are something you can get here, form numbers, links to information, legal citations (that you can look up and read on your own). Do not make any life decisions based on a blog.
 
As a woman, I advise any man who has been accused of domestic violence to get as far away from that woman as possible. He has too much to lose - like his freedom. File for a divorce immediately. Having been married longer than most of you have been alive, I believe accusing a spouse of abuse when it has not occurred is unforgivable. Too many younger women use the bias against men in accusations of domestic violence in the attempt to control a boyfriend or spouse. In my community, there have been numerous men who have been killed or injured by their wives or girlfriends; you do not want to be one of those statistics.
 
InnocentAbuser you have a choice when it comes to dealing with your wife. You can just do absolutely nothing and leave the initiative to her entirely or you can start being more proactive in this sticky situation without actually coming in physical or voice contact with her. You haven't indicated that you already filed an I-130 petition on her behalf but guessing from the fact that she falsely accused you of hitting her my guess is that she had already planned to use VAWA against you. I think the first order of business is for you to determine whether or not you can use the prostitution conviction against her. It's absolutely essential that you establish that. You also need to find out if the marijuana she had was over 30 gm or not. Not only is this information useful in denying her VAWA petition but it will also be a material fact in the assault trial by showing her of being of dubious moral character assuming these convictions were within the last 5 years. Being that you are going to be the defendant in the assault case you have a choice of digging up the dirt on her in court...or not...in other words she can be questioned about these two convictions because they are highly relevent in the custody of your child. After all..prostitution and drug use are relevent to child custody cases are they not? You have many legal ways of pressuring her and you need to collect and assess all those methods asap.
 
Follow the advice of Praxx and get the custody of your child, I am sure you certainly don't want somebody with that kind of morals to raise your child, and will be teaching her a lesson at the same time.
 
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