need advice ,,,,,, vawa

S

ssanndy

Registered Users (C)
Good day,

I need your advice.

I entered the US with a B1/B2 visa on Jan 2007. I was visiting my fiance and while i was there i got pregnant. We decided to get married and he told me that he was a citizen so i wouldn't have to leave the US because he will be able to file for me. So i stayed.

After a year i realize that he was just telling me stories about the filing and i realize that all he filed was the I130 form. I ask why dont you file so i can work etc. He tell me some lies that he is waiting for papers from immigration to do that and money. I got suspicious and started to search his thing and found out that he was a green card holder and not a citizen.

I confronted him about it and he say that he still could file for me. At this time i told him not to lie to me about anything else. Throughout the marriage he lies, cheat, and treat me less than a wife. I want to get out of this relationship. We have 2 children now with him ( ages 1 month and 22months). And right now its been almost 3 yrs and i have no paper to work or live here. I ask him why dont he file for his citizenship and he lied again. I did another research and found a letter from immigration address to him that he is in deportation proceedings due to misrespresentation to gain green card. He got his green card from his father under unmarried child when in fact he was married. They pick this up when he file for his citienship. he now has a lawyer working on it

Now i am in this whole dilemma because of this man. I want to stay in the US to better my life and my children who are young US citizen. Is there any category i can apply for to stay here? Do i qualify for anything to stay here? Can you advise me? Do i qualify for VAWA? He do NOT physically abuse me but belive me i am emotionally drained and been decieved by him. If he didn't lie i would not be in this situation.

Thanks
Sanndy
 
ssanndy said:
Good day,

I need your advice.

I entered the US with a B1/B2 visa on Jan 2007. I was visiting my fiance and while i was there i got pregnant. We decided to get married and he told me that he was a citizen so i wouldn't have to leave the US because he will be able to file for me. So i stayed.

After a year i realize that he was just telling me stories about the filing and i realize that all he filed was the I130 form. I ask why dont you file so i can work etc. He tell me some lies that he is waiting for papers from immigration to do that and money. I got suspicious and started to search his thing and found out that he was a green card holder and not a citizen.

I confronted him about it and he say that he still could file for me. At this time i told him not to lie to me about anything else. Throughout the marriage he lies, cheat, and treat me less than a wife. I want to get out of this relationship. We have 2 children now with him ( ages 1 month and 22months). And right now its been almost 3 yrs and i have no paper to work or live here. I ask him why dont he file for his citizenship and he lied again. I did another research and found a letter from immigration address to him that he is in deportation proceedings due to misrespresentation to gain green card. He got his green card from his father under unmarried child when in fact he was married. They pick this up when he file for his citienship. he now has a lawyer working on it

Now i am in this whole dilemma because of this man. I want to stay in the US to better my life and my children who are young US citizen. Is there any category i can apply for to stay here? Do i qualify for anything to stay here? Can you advise me? Do i qualify for VAWA? He do NOT physically abuse me but belive me i am emotionally drained and been decieved by him. If he didn't lie i would not be in this situation.

Thanks
Sanndy
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You case is a hard nut case to begin with. When did he get his greencard? I need year and date. If you say that he lied on this greencard application by claiming he was unmarried when he was married, was he married before you or is the same marriage you are referring to.

When you came to the US, how long did he wait before the two of you were married? Let me address a couple of issues: VAMA is for people who were abused and sufered domestic violence by their spouses, in this case none of those scenarios exist for you. You acknowledge this fact in your posting. Unfortunately, remaining in the US is dependent on your lying husband's ability to convince immigration that he didn't lie, and having a lawyer try to undo the lie in black and white won't change the outcome.

For example, if you got married in June 2007, and he got his greencard on Dec 20, 2007 under the unmarried children category, he is a burned toast in the eyes of the law. He fraudalently obtained his greencard and he has no basis to be in the US, USCIS will prevail in deporting him to his native country. As far as issues stand for you, you will be required to return to your home country as well. You children as Americans won't create any special immigration benefit for you, because the petitioner need to create an eligibility for you. In this case, none exist. USCIS will hand your husband his assy for misrepresentation as you allege, which means you are done in the US. You will most likely be deported as well or asked to leave volutarily. Worst of all, you will be subject to a 10 year ban to the US due to overstay of your tourist visa, but the punishment for your husband is even worse, he will be permanently barred from the US. To remain in the US legally, you either have to obtain a student visa, but US Embassy might be weary of issuing one based on your history of visa violations...:(
 
Al Southner said:
You case is a hard nut case to begin with. When did he get his greencard? I need year and date. If you say that he lied on this greencard application by claiming he was unmarried when he was married, was he married before you or is the same marriage you are referring to.

When you came to the US, how long did he wait before the two of you were married? Let me address a couple of issues: VAMA is for people who were abused and sufered domestic violence by their spouses, in this case none of those scenarios exist for you. You acknowledge this fact in your posting. Unfortunately, remaining in the US is dependent on your lying husband's ability to convince immigration that he didn't lie, and having a lawyer try to undo the lie in black and white won't change the outcome.

For example, if you got married in June 2007, and he got his greencard on Dec 20, 2007 under the unmarried children category, he is a burned toast in the eyes of the law. He fraudalently obtained his greencard and he has no basis to be in the US, USCIS will prevail in deporting him to his native country. As far as issues stand for you, you will be required to return to your home country as well. You children as Americans won't create any special immigration benefit for you, because the petitioner need to create an eligibility for you. In this case, none exist. USCIS will hand your husband his assy for misrepresentation as you allege, which means you are done in the US. You will most likely be deported as well or asked to leave volutarily. Worst of all, you will be subject to a 10 year ban to the US due to overstay of your tourist visa, but the punishment for your husband is even worse, he will be permanently barred from the US. To remain in the US legally, you either have to obtain a student visa, but US Embassy might be weary of issuing one based on your history of visa violations...:(
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hi.i believe u will be able to make it if u can prove to immigration all the abuse,telling a lie is an abuse as long as u can prove it.vawa is for victims like u and u need a strong lawyer with tons of evidence to win such case,believe it or not uscis hardly disapproves vawa.good luck
 
Al Southner said:
You case is a hard nut case to begin with. When did he get his greencard? I need year and date. If you say that he lied on this greencard application by claiming he was unmarried when he was married, was he married before you or is the same marriage you are referring to.

When you came to the US, how long did he wait before the two of you were married? Let me address a couple of issues: VAMA is for people who were abused and sufered domestic violence by their spouses, in this case none of those scenarios exist for you. You acknowledge this fact in your posting. Unfortunately, remaining in the US is dependent on your lying husband's ability to convince immigration that he didn't lie, and having a lawyer try to undo the lie in black and white won't change the outcome.

For example, if you got married in June 2007, and he got his greencard on Dec 20, 2007 under the unmarried children category, he is a burned toast in the eyes of the law. He fraudalently obtained his greencard and he has no basis to be in the US, USCIS will prevail in deporting him to his native country. As far as issues stand for you, you will be required to return to your home country as well. You children as Americans won't create any special immigration benefit for you, because the petitioner need to create an eligibility for you. In this case, none exist. USCIS will hand your husband his assy for misrepresentation as you allege, which means you are done in the US. You will most likely be deported as well or asked to leave volutarily. Worst of all, you will be subject to a 10 year ban to the US due to overstay of your tourist visa, but the punishment for your husband is even worse, he will be permanently barred from the US. To remain in the US legally, you either have to obtain a student visa, but US Embassy might be weary of issuing one based on your history of visa violations...:(
Click to expand...

He got his greencard in 2001 from his father at that time he was marriedand got it under unmarried. The marriage i am talking about is his previous marriage , not with me. I came here jan 2007 ... got preg then got married May 2007. He is not physical abusive but i am emotionally battered , its tiresome and stressful. He lies to me about everything, his job, his home, his status, his income.. even simple things.. i cant live like this. I am not treated as a wife... i dont know anything. He treats me like a kid trying to keep me in the dark all the time.

He now has a lawyer on his case who is seeking relief base off the minor children. He is the sole provider for them. I do not work becasue i don't have a SS# to do so.
 
I think VAWA is not applicable. You really need the proof for VAWA (like police calls, ER visits, nights in shelters, and so on). Doesn't sound like a case here, and the fact he lied to you is not a good ground for VAWA. Sorry.
 
Prepare to leave the US. For you to qualify under VAWA, he has to be eligible to sponsor you in the first place, which he isn't. Don't build up false hope; your case is as doomed as a seal in a shark's mouth.
 
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