Serious topic

[KenC]

I know there has been a lot of talk here and on other forums regarding the scamming RW that file a false DV report with the police in order to scam her greencard, but there is another side to this story.  We recently have made the aquaintence of a nice RW with a daughter that is living the "otherside" of this story.  She married a man from San Diego while still living in a fsu country.  She and her daughter moved here 6 months ago only to find the truth about her Prince Charming.  Our American hero is an abusive drunk.  He has attacked both the RW and her 15 year old daughter.

Up until a few days ago, she and her daughter were living in a shelter.  The women's shelter (government assistance?) just moved her into a small apartment.  So she and her daughter are out of harms way as far as any physical abuse.  But now the real war begins.

The man has filed for divorce.  The RW has some type of free attorney that is being over paid from what I see.  Her free attorney has filed answers for motions late and has in general done a total half ass job on this.  Of course Prince Charming is claiming he never did anything wrong and the RW is to blame.  His hope is to send the RW and her daughter back to where they came.

My questions are:

How can this woman get proper legal representation? (No money and very limited English skills)

Is there anything she should be doing in regards to her visa status?

Your thoughts are welcome.

KenC

[Journeyman]

KenC,

I know of only one organization in the southwest part of the country that is set up to help women in such situations.  It is called the Shield Foundation.  It was organized a few years back by another RW who found herself in a similar situation.  The number is 602-203-HELP.  It might be worth a call to them even though it is not in San Diego.

Journeyman

[corp]

Just my initial opinion but if she is not a citizen, and will bedivorced, why should she not go back?
Of course I feel bad things did not work out as she hoped but she was only allowed here due to her marriage to an american, when that no longer exist, she has no consolation prize of free citizenship or extended stay status,
Let her get what she can in divorce court and head back home.

Again, I do feel for her situation and if she were in my comunity, I would personally help where I could.

[KenC]

Thanks Jouneyman, I'll call them in the morning.

Corp,

Can't say I agree with you.  I know that her perminant status is automatic because fo the DV charge.  I don't see why she should be penalized because of her situation.  If she wants to stay, she should have a choice.

KenC

[Journeyman]

KenC,

I now also recall a RW who is an immigration attorney in the US.  Maybe she would take it on a pro bono basis.  Send me a PM if you are interested.

Journeyman

[Leslie]

There is so much ignorance concerning the immigration process.

 

The husband does not determine his wife's immigration status. 

 

Only the government can do that.  It is an immigration court which finally determines an immigrant's status.  These court proceedings can only be initiated by the government authorities. A guy cannot file a law suit to have his ex-wife deported! 

 

First, there is no legal requirement that the marriage last at least two years.  If she "married in good faith", has already adjusted status, and then divorces, the law allows her to apply for a waiver of the joint filing requirement to remove conditions on residence. See Form I-751 instructions.   Link below -

 

http://uscis.gov/graphics/formsfee/forms/files/I-751.pdf

 

The policy directives which determine the legal action taken by the authorities (by this I mean the way the law is applied) gives positive discrimination to the immigrant.  In reality the "married in good faith" clause allows nearly all immigrant spouses to stay if they wish to. 

 

The authorities know from previous litigation experience that the key evidence which undermines  the "married in good faith" defence centres on whether the sponsor has been paid to marry the immigrant applicant. This situation is extremely rare in MOB cases.

 

There are several aspects of this situation you describe which simply do not add up -

 

If the woman left because of domestic violence was admissible evidence obtained at the time?  (E.G. Photo's, statements by emergency room doctors or other witnesses etc)  Did she file a police complaint against her spouse?  (If she did,  what was the outcome of the police investigation of that complaint?). 

 

Why did she not file for divorce citing DV?  If she had good evidence that this had taken place many lawyers would take on her case knowing that their bill would be paid by the husband.

 

Instead the husband is filing for divorce (on unknown grounds).

 

The essential element in the coming divorce hearing the woman must prove that she and her daughter came to the USA and married in good faith.  As long as this is demonstrated and reflected in the judgement she will have no problems staying in the USA.

 

Ken I think it is a very bad idea to discuss individual cases on a bulletin board.  Especially so where legal proceedings are ongoing.  This woman needs to be represented by a divorce lawyer who is familiar with the immigration law issues.  

 

 

 

 

[Admin]

I know there has been a lot of talk here and on other forums regarding the scamming RW that file a false DV report with the police in order to scam her greencard, but there is another side to this story. We recently have made the aquaintence of a nice RW with a daughter that is living the "otherside" of this story. She married a man from San Diego while still living in a fsu country. She and her daughter moved here 6 months ago only to find the truth about her Prince Charming. Our American hero is an abusive drunk. He has attacked both the RW and her 15 year old daughter.

Up until a few days ago, she and her daughter were living in a shelter. The women's shelter (government assistance?) just moved her into a small apartment. So she and her daughter are out of harms way as far as any physical abuse. But now the real war begins.

The man has filed for divorce. The RW has some type of free attorney that is being over paid from what I see. Her free attorney has filed answers for motions late and has in general done a total half ass job on this. Of course Prince Charming is claiming he never did anything wrong and the RW is to blame. His hope is to send the RW and her daughter back to where they came.

My questions are:

How can this woman get proper legal representation? (No money and very limited English skills)

Is there anything she should be doing in regards to her visa status?

Your thoughts are welcome.

KenC

Ken,

The Tahiri Justice Center in Virginia (Washington DC area) focues explicitly on the problem you describe. They offer pro bono legal support and have connections to legal reps across the country.

Here is their website: http://www.tahirih.org

Good luck.

- Dan