RW Avoids 3 Year Green Card Wait by Claiming Domestic Violence

[kops2222]

This is from KOPS2222, the man who made the original posting.   

Let me elaborate on what has happened, as some of you seem confused. 

I was married on February 14, 2002, to a Russian woman from St Petersburg, Russia.   I have two older children from a prior marriage, who are teenagers and also live with me.   With my Russian wife, I have one child, born in June 2003. 

Let me first comment on the Green Card.    My estranged wife entered the USA on a K-1 fiancee Visa January 24, 2002, and we were married several weeks later.  We jointly filed for her adjustment of Status in April 2002, and she was given her INS interview and Conditional (2 year) Green card in November 2003. That year and a half wait for the interview is normal if you live in New York.   She would have become eligible for her permanent Green card in November 2005.   If you live in New York, time between the marriage and getting your permanet Green card is often 3-4 years, much longer than in some other parts of the country.  Note that she has to file her I-751 form sometime within 90 days after August 13, 2005. 

My estranged wife was served by me with a summons for a marital annulment, on the basis of (immigration) fraud in August 2004.  This was after she had had at least 4 affairs, once becoming pregnant with another man's child.  She also got veneral disease from an affair about 6 months after our baby was born.   I also became aware that she was planning to spend most of the third year of our marriage outside the USA, in Russia, that she had never been genuine in the marriage, and that he mother was complicit in the scam from the begining. 

During the entire (brief) duration of our marriage, we were also seeing a marriage counselor, who eventually advised me in private sessions that my wife was not sincere, she was emotionally abusive to all my children, as were her parents (who spent an inordinate amount of time with us), and that she was setting me up.  The marriage counselor was adament that I should get out of the marriage as soon as possible to protect all three of my children. 

My concerns were hightened when it became very clear that she and her mother were trying to separate me and my older children from our young baby, to whom were are all very close.    My wife was planning to divorce me as soon as she had her Green Card, but I could not wait.   She has a plane ticket to take the baby out of the country for a prolonged trip, without my consent. 

So I began an Annulment action, which in New York is rare, but still exists as an alternative to divorce.  My estranged wife was blindsided, as she was unprepared, and did not at that time have her ducks in a row to dump me.   Unbeknownst to me at the time, she immediately contacted child protective services, and also the Coalition Against Domestic Violence, who accompained her to court on April 16, 2004.  

Now a word about money.  My estranged wife is entitled to almost no alimony.  She is now 27, healthy, and has a Masters Degree.  A two year marriage does not get her much, if anything.   In order to get a substantial amount of money, she would need to get child custody, and therefore child support money.  How much?  Based upon my income, it could be as high as $25,000-$30,000 per year or more.  The present value of that amount of money over the next 21 years is where the number of a half a million dollars comes from.    

Her problem with getting child custody is that I am a great father, judging by a great track record with my two older kids.  My teenagers are both on the top honor roll, both excell at sports and extra activities, both are socially wel adjusted, and have good relationships with the extended families of both their mother and father.  My first wife is a witness is my favor saying that I am a great dad.  Furthermore, my estranged wife is an unstable person, having been engaged 5 previous times, having lived in 4 different countries with a similar failed track record everywhere, and a the family counselor who saw us has priovided an affadavit that says she is both abusive and a flight risk. 

So my estranged Russian wife has some problems.   She did not stay married the needed amount of time.  What could she do:

1.  She could ask me for forgiveness, and ask for marriage counseling.  She did this, and I agreed, but a month after this she got caught having sex in our family car with a 24 year old guy, and like an idiot, put the summons they received in our family bill drawer to pay with the other bills.  That was the end of reconciliation.

2. She could Apply to the INS for Green Card based upon hardship for our baby.  This would have been the correct and moral thing to do.  This would have also eliminated the need to prove she was married in good faith, which she was not.

3. She could claim to be a domestic violence victim, which is the path she chose.  Too bad.   This has only a 50% success rate with the BCIS, but she planned it for a long time.   On January 3, 2005, she obtained a Do Not Harras Order of Protection from the local family court, which gives them to literraly anybody.  (I also was given one). On Januray 20, she went to the local hospital, with injuries to her knees and arms claiming that I had assulated her on January 18 and 19.   Any forensic analysis done of these injuries would have shown that they were not consisent with her claims of how they were caused, but neither the hospital, nor the police, nor the family court would bother to do the basics.  I was arrested on January 25.  I could not get a heairng until February 14.    She dropped her claim, but much of the damage was done.  My children's lives and mine have been changed forever. 

The current status is this. 

The child custody case was supposed to be heard in New York Supreme Court this past February 16.  It was delayed indefinitely, due to her domestic violence claims.  It will probably happen later in the year.   (Note that New York State is extremely screwed up in that Annulment and Divorce actions are held in Supreme Court, but Domestic Violence Claims are heard in Family Court, so the judges are usually unaware of the histories. Russians in New York are masters of keeping these before a different judge every time).  When it is heard, I will likely win.    

I have filed a separate defamation lawsuit, and soon a false arrest lawsuit against my estranged wife, which I will certainly win.  She does not have much in the USA, but whatever the do ever get, will belong to me.  Through this second case, I am able to do a lot of the legal discovery necessary to prove my innocence.  We might also discover who her accomplices were.   

I might have legal claims against the Coaltion Against Domestic Violence, since they apparently helped her set me up, as well as some other third parties.   

When all this is over, I plan to go to court and challenge the constitionality of the New York State Laws that can take your children, your home, your home business, and you life away without any hearing for up to six months.   This is rediculous.  All three of my children were devastated, and these criminals picked on the wrong guy.  I plan to change New York State law, to expose the corruption Coalition Against domestic violence, and to shed light on the Violence Against Women's Act, which is providing gross incentives to make false claims of domestic violence. 

I would also caution anyone thinking of marrying a Russian wife 20 years his junior.  It used to be she would leave you as soon as she got her Green Card.  Nowdays, she does not need to wait.   After her initial interview, all she has to do is to make a claim of domestic violence against you.  She just needs to get you arrested, but not convicted.  Then it is a Green Card for her, her kids if she has any, and later on her parents and other family.   And believe me, this is well understood on the streets of Kiev, Moscow, Brieghten Beach, Bogota, and Los Angeles.   It is only in the USA legislatures and courts that we are ignorant.  

When the court cases are over, I will come back and update this again. 

kops2222

 

 

      

[kops2222]

The reason that her parents will get Green Cards is she gets one first. 

Once the women files the I-751, if she convinces the BCIS she is a legitimate victim with her paperwork, such as Orders of Protection and a record of arrest of her husband, then she gets a permanent Green Card. Then she can apply for her parents.  There is a wait, but if she is successful, her parents, and kids (if any) are also entitled, without being subject to quota.  Once the parents get them, they can futher sponsor their siblings and other children. 

The half a million child support is based upon a present value calculation of an entitlement of $25,000-$30,000 or more in annual child support payments over a 21 year timeline.  My baby will certainly go to college, so assuming he would graduate at age 23 is where the 21 years comes from.      

[kops2222]

False claims of domestic violence are becoming a de facto part of Divorce proceedings in many states. 

the reason is the very long time in takes to get child custody through the court.  It takes 1-2 years to hear a child custody case in New York for permanent custody.  Matrimonial Courts will not have temporary custody hearings anymore - they will do the hearing only once.   Neither party can move out with the child usually unless the other party consents.   Whoever moves out, looses custody. 

The unethical solution, more and more, is to make a false claim of domestic violence.  If you do, you can win TEMPORARY CUSTODY, and Exclusive use of the family home, even if it is exclusively owned by the other parent.   His or her stepchildren are ignored by the courts, so they can even be kicked out too!  This is what happened in my case.   You get all this for up to six months without a hearing! Often the other party can be threatened to give it to your for a year just to get the right to see his kids again. 

Some of the best martrimonial law firms are not used to these quasi-crimial cases, and have no idea the rules of discovery, how to subpoena evidence, and so on.  They might be great high society divorce lawyers, but they often get their asses kicked in the domestic violence claims.   That is why, if you are a victim of a false domestic violence claim, to start a civil lawsuit to clear you name and to make a financial recovery.    You should also sue the false accusers accomlices, if you know who they are. 

[kops2222]

I wish I had taken your advise. 

A womans organization, helped her install spyware on my computer which emailed a copy of all my correspondence to her, even after she was out of my house. 

I finally found it useing a spyware sweeper.

[kops2222]

Sorry I did not write back sooner. I was busy with other things.    

This case will be the defining case for Green Card fraud, and the new domestic violence spin to it.  

Feel free to write me directly if you have more questions at kops2222@aol.com

 

[kops2222]

True, Child Support can only be awarded after a hearing.  That will likely be held in late 2005, and this will be held in the matrimonial court (New York State Supreme Court).   The half a million dollar amount is a present value calcuation of what she would receive over 21 years provided she gets custody. 

Domestic Violence claims in New York are usually heard in family court, an entirely different court system.  This is true even when there is a child custody and divorce or annulment proceding going on.   When a claim of domestic violence is made against you, your children, your home, and your home business, and even your liberty can indeed be taken away from your for up to six months, WITHOUT A HEARING.  In my case it was one month.  

As it turned out, my estranged wife had rented an apartment just before she made the domestic violence claim.   She wanted to move out, and she wanted child support money immediately.  While she did get temporary custody, the family court does not order child support payments in these circumstances.  I do not beleive that she knew this, and this was a miscalcuation on her part.  I also do not think she realized that she would face prison herself in making the claim, which she might.  

 

[itstime]

I wonder whether you could use evidence from a closed circuit TV system in these types of court cases. Anyone who has a baby in the house and who wants to ensure that babysitters treat the child with proper care, has a good reason to install such a system. And if the system just happens to be activated by a motion detector and it records everything that happens in the home, and somebody regularly changes tapes, well....

With that kind of system you could have evidence of plotting between mother and daughter, any other kind of collusion, any abnormal behavior, and maybe even evidence of self harming. Of course, you would know that you are on TV and perhaps this would cause you to be on your absolute best behavior and be a model husband. And that might be enough for the marriage to actually succeed!

 

[ConnerVT]

You need to be careful of what methods you use.

From USAToday Online:

http://www.usatoday.com/tech/news/2005-08-27-loverspy-program_x.htm?csp=N007&RM_Exclude=Juno

 

[Maxx]

[user=133]kops2222[/user] wrote:

I wish I had taken your advise. 

A womans organization, helped her install spyware on my computer which emailed a copy of all my correspondence to her, even after she was out of my house. 

I finally found it useing a spyware sweeper.

First off who is he replying to in the first sentence?

In the above I noticed that a woman's organization installed spyware in his computer. From my understanding of the VAWA laws they have immunity from prosecution in the tactics they use. However the men being charged are open for any indictment that they wish to throw at them.  

Here is a link to surveillance methods and equipment

http://www.dvmen.org/dv-109.htm#surveillance (Note: http://www.dvmen.org is an excellent link for men being falsely accused of DV)

circu '2003

stalked.[/i] Note that in many cases where we know men were the ones being stalked, the legal system has been perverted to the point the woman doing the stalking has successfully charged her victim with the very actions she committed.

Busted Films presents an excellent example of using surveillance to counter a woman's lies. However, it may be very difficult for you to get the monitors to work in a manner that will provide evidence admissible in court But simply the fact that her actions are being recorded may be sufficient to deter some women. Surveillance is no deterrent to a psychotic of either sex, however.



Top[/i]

[kops2222]

I had been considering survelliance cameras in all the rooms in my house, even the bathrooms, given how hard my RW was trying to set me up on domestic violence charges.   It became unnecessary when she moved out on her own. 

My estranged Russian wife moved out of my house back in January after making the false domestic violence claims.   (Maliciously, she obtained a Stay Away Order of Protection on January 21, 2005 after claiming she had been assualted, and obtainined exlusive use of my house which I alone own).  In spite of having exclusive use of my home, she nonetheless moved out, and did not go back to family court to modify the Stay Away Order of Protection to let me and my teenagers back into the house.  There is no requirement in New York State to report back to Family Court when you have exclusive use of some one esle's home, and move out.

My teenagers and I had to look at our own home empty - and we were not allowed it in.  I plan to go to court eventually and challenge the consitutionality of the state Family Court laws, which are outrageous. 

 

[Maxx]

[user=133]kops2222[/user] wrote:

I had been considering survelliance cameras in all the rooms in my house, even the bathrooms, given how hard my RW was trying to set me up on domestic violence charges.  

I have had men tell me that they have considered installing cameras on themselves on a twenty four hour basis in order to prove their whereabouts at all times. This would seem rather difficult to do if one leaves the house or work. I know in my case I did not answer the phone or a knock on the door. I did my best to stay hidden. If she didn't know where I was how could she file a false charge? Suppose I was in another State or country and could prove it? Or if I had a friend with me at that time as an alibi?

It's damn sad that grown men have to play these games but they must. I know one guy who went to trial 7 times on one charge against after another by his Ukrainain wife. He won every trial except the first which was for the protective order and judges give those away like tissues... 



    

I plan to go to court eventually and challenge the consitutionality of the state Family Court laws, which are outrageous.  

Much of these laws are mandated by the Federal V.A.W.A. laws. Good luck in overturning a Congressional Act signed by the President.

Maxx