ILM

Hi My Name is Ian
I came to the USA after I married my American wife, she lived in the UK with me for almost 18 months.
Initially I came over here on the K3 so she would be closer to her young children here asap.
I then upgraded my visa and got my residency card, work permit, social security number and then NY drivers licence.
I secured a job and bought a house.
The thing is, very quickly things started turning really bad for us and she left after a year here.
she will of had me in court 6 times by the end of march due to a restraining order that was dismissed and then when i tried talking to her re the divorce she got a stay away order which is ongoing now, and only 3 days into that she had me arrested for an email i never sent, again ongoing.
I must admit there are more details to all this that I cant really go into & I hope you all understand the basics.

Dont forget she was the one that did all the immigration paperwork before and I have no clue really how this all works, also I strongly believe shes trying her best to get me removed from the USA with the court issues.

The thing is I need to get my I 751 form in, re the removal of my conditions by DEC , I know it seems a long way off but I have a lot to do this year re Divorce and all the other stuff & any help here would be useful to me.
I have no idea how all these court cases etc will effect the immigration judgment at the end of the day.

Thankyou Ian

Noorah101

Very basically, if your divorce is final before the time you need to file the I-751, you can file on your own with a waiver of joint filing.

If it's not, you can either file jointly and then re-file when your divorce is final, or you can wait until your divorce is final and then file the I-751 late. USCIS excuses late filings if you have a good reason, one of which being you are waiting for the divorce decree.

There are been a few recent threads on filing the I-751 with divorce involved...read through the recent forum threads.

Best Wishes,
Rene

Noorah101

Here's one for you: http://britishexpats.com/forum/showthread.php?t=521573

And another one: http://britishexpats.com/forum/showt...ight=Q+for+Ian

Folinskyinla

Hi Rene:

If the dissolution of marriage is final, then an I-751 waiver can be filed. Unlike the joint petition, there is no time frame for filing other than it has to be after the end of the marriage but before the person is deported.

In fact, it is my practice to file waiver applications as soon as possible -- if the marriage breaks up quickly and we are no where near the expiration, file as soon as the marriage is officially over. I think it comes across as an indicia of good faith.

Folinskyinla

Hi:

Sorry to hear about this. What ever you do, do NOT, I repeat NOT violate any restraining or keep-away order. If your state's law allows for it, see if you can obtain a decree ending the marriage sooner rather than later.

In my experience, DHS is generally aware of the existence of vindictiveness in family law proceedings. Let her be as vindictive as she wants -- in a strange way, it strengthens your waiver application -- the degree of vindictiveness can actually show that there was a real relationship in the beginning!

Get legal advice ASAP on this. The parties do NOT think straight in the family law courts.

ILM

I am now a bit concerned here, as I already said I HAVE violated the stay away order, with an email she claims I sent her, I have to appear in criminal court at the end of march with my attorney to deny these charges.

ILM

ian-mstm

Hang on now... let's be clear. If you *did* send the email, then you *did* violate the order. If she *claims* you sent the email but you did not, in fact, send it, you did *not* violate the order. The onus will be on her to prove you did send it.

The headers on the email she received will be able to track the information from the originating computer to that ISP, from ISP to ISP, and then eventually from her ISP to her computer. If your computer is not the originating one, or your ISP not the originating one, or your account was not used to create the email, then there is no proof that you sent it. Make sure *your* attorney gets (1) a copy of the email with the full headers, and (2) a copy of *your* ISP's log file for the date in question. If she can not produce the original with headers, there is no proof that you sent it. If she claims it came through Yahoo or Gmail or some other third-party account, your attorney will need the logs from them... and he'll need a court order to get them, so start now. You don't have a lot of time.

Ian - from one to another!

bionomique

I presume the protection order limited email contact in the first place?

ian-mstm

It may have. The OP indicates he didn't send the email... and the wife claims he did. The wife has to prove he violated the order.

Ian

ILM

thankyou for the replies.
I must point out, I did say in my original post there was more to this than I can explain, however let me try & clear a little more up here.
she got a stay away order I had'nt been served with and knew nothing about, I thought I could change our immigration site we used into my name, as regards my email address from hers,as all of the information there was for MY immigration. when I changed the site into my email address ,the site automatically emailed her because of the change, thats where the email came from.
I believe she had me arrested on 2 counts 1. for the email I never sent but was sent via a 3rd party, and internet theft of her account.
ok I know this sounds really bad but my attorney is confident that the site we used was in fact for me and also has my name on it etc , thus he is very confident it will be dismissed on all counts.

Ian

ian-mstm

Ah... this will likely not be an issue...


... and this is a whole different issue! In the US, this is often the first step in identity theft - which could be quite serious. Not sure how it'll play out for you, but good luck.

Ian

bionomique

Well, how could he change the email address to his, if he didn't have access? Was it a case of both of you using the account in the past and then you basically changed the password you both knew? If so, can that really be considered account theft?

As to the matter of the automatic email that was precipitated by the change of account ownership, to consider the actions of another as unauthorised contact on your part appears to be a real stretch to me. But then, I don't know all of the particulars.

ian-mstm

Most websites are set to only a single login/password combination... and usually have a single email address as a point of contact. It's unclear whether the OP or his wife was "officially" in charge of the site... but most people would use their own email address for their own site. Since that site was registered to his wife's address, even if they both knew the login/password combination, it could be argued that she was the site owner.


Well, that's the tricky bit, isn't it? It depends on who is actually considered the owner of the account.

Ian

ILM

yes i did know the address
yes i did know her email address
yes i did know the password
yes we both used the account
and of course the account could indeed be considered hers
and yes its a stretch what she did , hence my argument shes trying only to get me arrested and charged etc to spoil my name

bionomique

And in a marriage, would an account of this type be considered separate property or marital property? I am not trying to take this to the extreme, but if a person cannot deny another access to a home while married, even if the spouse's name is not on the title, how could it be so simple for an online account, if both knew the password and had used it?