Felony Domestic Violence & Adultery By Conditional Resident To U.S. Citizen

[Checkybaby]

What is the name of your state (only U.S. law)? Georgia

I petitioned for my spouse to immigrate to the U.S.

After 1 week, my spouse was arrested for domestic violence on me (i'm the citizen).

My spouse has a conditional resident card that expires in 2011.

I am 100% sure that I was scammed for a green card since my spouse has told me. We no longer communicate at all and haven't lived together since the arrest.

I have also become aware that my spouse cheated on me before and after arriving (even in that short time after arrival to the u.s.).

I have filed for divorce and it is currently pending.

I have been told several avenues for removing my I-864 and for his deportation.

Can someone point me in the right direction.

-was advised to withdraw the divorce since he may try to sue me for support due to my signing the affidavit of support.

-was advised to withdraw the divorce and just wait until the conditional resident card expires in 2011. He would be unable to remove conditions, would be deportable and I'd be off the hook for the I-864.

-was advised to just finish the divorce and since he has a pending felony, he would be unable to remove conditions anyway. (spouse is currently living with another u.s. citizen. Can my spouse remarry and remove conditions this way?

In a nutshell, I would like to have my I-864 removed and also since I was scammed and beaten within an inch of my life, I want this person deported.

I have notified uscis in writing & in person at an infopass (included police report, divorce case number, letter from DA , letter from domestic violence center and conditions of bond letter.

 

[Proserpina]

It's not a given that he'd be unable to remove the conditions himself.

Couple of questions though:

When did you meet?

When did you marry?

When was the conditional status obtained?

When did you separate, and when did you file for divorce?

Was he actually convicted of a felony?

 

[Checkybaby]

Dogmatique;2319243]It's not a given that he'd be unable to remove the conditions himself.

Couple of questions though:

When did you meet? Met in 2004 in his country. didn't communicate. Went again to his country in 2005. Decided to marry.

When did you marry? june 18, 2007

When was the conditional status obtained? march.2009

When did you separate, and when did you file for divorce? separated april when he was arrested (a week after arrival). Filed may 19.

Was he actually convicted of a felony?
felony is pending (not indicted yet).

 

[Proserpina]

Dogmatique;2319243]It's not a given that he'd be unable to remove the conditions himself.

Couple of questions though:

When did you meet? Met in 2004 in his country. didn't communicate. Went again to his country in 2005. Decided to marry.

When did you marry? june 18, 2007

When was the conditional status obtained? march.2009

When did you separate, and when did you file for divorce? separated april when he was arrested (a week after arrival). Filed may 19.

Was he actually convicted of a felony?
felony is pending (not indicted yet).

So..... met in 2004, married in 2007, received cond. status March 09, filed for divorce May 09, yes?

You really need to speak with an attorney - your ex is so close to the 2-year marriage requirement that there's actually a very good chance that you will not be able to withdraw the I-864 and (felony conviction notwithstanding) he will be able to have the conditions removed himself.

(before the 2 year point the burden of proof that the marriage is bona fide is on the immigrant - but after that the tables turn somewhat, and in order to withdraw the I-864 it will be up to you to prove that the marriage wasn't bona fide.)

Can you prove the marriage was a sham?

Will he be able to prove the marriage was bona fide?

(the felony won't come into play unless and until he's convicted)

 

[Checkybaby]

At this time, he does not have anything to prove that we ever lived together.
Since he was arrested shortly after arrival, he does not have anything.

Also as for proving sham, I believe that he purposely fixed his fight so that I would be forced to call the police for help. He was saying the whole time he was hitting me "call the police".

I believe that my spouse chose this route just to live in the U.S. for the 2 years and be able to work, then go back home when/if he was deported.

It doesn't appear that he is concerned about adjusting status, only with being able to make as much money as possible before he gets deported.

I have been told to withdraw the divorce petition so that he can't try to sue me for the I-864.

Also, I am sure that it was a sham because my spouse started to live with another u.s. citizen female only a few days after getting out of jail on bond.
This person claimed to not know anyone in the u.s. This is possibly to have someone else to marry and help him stay in U.S. if he can't through our petition.

Also, he refuses to sign anything so that we may get divorced legally (it is already filed and he was served by the sheriff). He has been told to let it "default" to make it look like it wasn't his fault the marriage ended.

So..... met in 2004, married in 2007, received cond. status March 09, filed for divorce May 09, yes?

You really need to speak with an attorney - your ex is so close to the 2-year marriage requirement that there's actually a very good chance that you will not be able to withdraw the I-864 and (felony conviction notwithstanding) he will be able to have the conditions removed himself.

(before the 2 year point the burden of proof that the marriage is bona fide is on the immigrant - but after that the tables turn somewhat, and in order to withdraw the I-864 it will be up to you to prove that the marriage wasn't bona fide.)

Can you prove the marriage was a sham?

Will he be able to prove the marriage was bona fide?

(the felony won't come into play unless and until he's convicted)

 

[Proserpina]

You can't actually withdraw the petition itself - you can withdraw the I-864 (which results in the petition being denied so it's probably a semantic difference) within a certain time period, but it does look as if it's too late for you to do so as his status has already been adjudicated.

I know you believe that it's a sham marriage - but I'm not sure you have proof. The fact that you've been married for two years and he's already obtained residency status (albeit conditional) helps him (and hinders you); at this point it wouldn't be difficult to conclude that you are a bitter spouse who wants to get back at the immigrant.

(you know this isn't true, I am inclined to believe it's not true - but that's one heck of an ace of spades he has in his hand)

I really do think you should speak with an attorney (preferably one who is familiar with both family and immigration matters) - at the moment your ex isn't deportable and unfortunately he can feasibly sue you for support whether you're divorced or separated.

You can still try to prove fraud, but you're going to need solid evidence - belief is not proof, and again the burden is on you. Or, you can hope that his past actions will result in a felony conviction, which could change things considerably (and in your favor!).

See an attorney as soon as you can.