Created

For those of you who have been following my story, I left my abusive for good in November. My green card was granted in March. So now comes the divorce. He does not know that I (and my daughter) already have our green cards because of his curel and abusive treatment. I also have a protection order in place.

We both filed for divorce. He does not even want to give me my personal posession that remain in the house. I am the legal owner of a corvette that he is in possion of - he does not want to refinance it into his name. There is no mention of that. I also extended the deck to the house, plus other improvements that made it marrital property - there is no mention of that either. He has also opened credit cards in my name.

I rejected his first offer. I now have an amended divorce from his attorney that says I commited marriage fraud and am in violation of the Immigration Marriage Fraud Amendments Act, Immigration and Nationality Act...........they are trying to deport me! He posted on visa journey that I had been deported back to England.

Since they are venturing into the Immigration field, do you think my Immigration Lawyer will handle this?

BTW his Lawyer is an ex bed pal of his! Although it is an ethical issue......seems like a small issue in the light of what they are trying to do to me.

Has anyone encountered this before?

Elvira

I have zero experience of any of this - all I can say is: make sure you retain both a competent immigration attorney and a divorce lawyer.

And good luck!

S Folinsky

Observation: the answer is yes.

Further observation & query: He has a lawyer. Do you?

Further query: His lawyer had slept with him in the past? So what? What is the ethical question?

Further observation: The movie "War of the Roses" was a black comedy.


There is no legal advice given nor intended in this post.

crosscountryrider

Hello,
firstly sorry for your situation. I understood that you received your conditional green card in March. So you are not due for a immediate Visa waiver.

Also he cannot deport you. A judge will have to decide if you are subject to deportation . If a court case will apply you will need all evidence that you entered your marriage in "good faith". This is basically the same evidence as you will need for I-751 waiver (maybe another one for abuse) . Also you restraining order is useful as evidence against your former husband.

If you you police reports it will help as well. Also you want to keep all evidence like your joint car loan etc.

You don't need this right now but in any case you need to keep it for further actions.

It's maybe helpful to have a immigration lawyer on "standby" and brief him about your case just to be safe.

There are other people who went through same experience in BE and they have most likely better ideas how to deal with your situation.

BTW I would talk with your lawyer how to get your entry out of Visajourney.

You can use the data privacy act when you write to them. You never know who reads this rubbish.

As I said I never went trough this - just trying to help as you as I can .

Kind Regards
CCR

Created

Why so cold?

No I do not have a divorce lawyer, didn't think I needed one until now........it was straight forward, not kids involved. Yes I do have an immigration "Super Lawyer" and I have left a detailed message with him this evening.

I felt uncomfortable dealing with his lawyer, because of the relationship, and because she wanted to be involved with him when we were first married. It is for the ethics board to decide if it is unethical......I feel it's unethical for her to represent in a divorce of a marriage she herself did not respect. I respect that you have an opinion on that too.

Created

I had conditions removed in March.

The immigration attorney filed my waiver in November, I supplied evidence of good faith marriage and abuse (physical, mental, emotional) including police reports, and a case of sexual battery that I found online a few days before I left him.

I was in a shelter for abused women at the time, and the lawyer was kind enough to donate his services.

I'm not looking for sympathy........I am a survivor not a victim, I am out of that dark place. It seems that he wants to move on to another foreign fiancee and the affidavit of support that is currently with me is getting in the way.

nettlebed

Oh, don't worry about grumpy old Mr Socrates, there. He's probably having a bad day...

You should consider getting a divorce attorney as well, since immigration attorneys may not know about the interaction of marriage law and immigration law; likewise divorce attorneys. It's important that they talk to each other, since there may be aspects of law that are relevant when considered together, but would not be if it were either an immigration case or divorce case alone.

Poppy girl

Jesus this ex of yours is like a dog with bone he just won't let go will he

I hope you resolve this situation, he sounds a very bitter and twisted chap who needs to move on with his life and let you do the same.

Good Luck.

TimNiceBut

@Created - in the circumstances you describe, hire the nastiest, meanest, backstabbiest divorce lawyer you can find. Normally I wouldn't suggest this but your soon-to-be ex is not exactly playing by the rules so you do need to lawyer up with someone who is able to counteract that.

Regarding the Corvette (sorry, I'm a car person...), is the title in your name or in joint names ('and' or 'or'?). Given your situation, I would be tempted to check if you can report him for theft if you can't get your belongings and especially your car.

I don't know if you can in the US, but in the UK you can put an alert on your own credit file that essentially prevents people from taking out credit in your name. Makes it harder for yourself, too, as it's intended to be a protection against identity fraud, but it stops people like your ex from running up big bills in your name. Also, check your credit file if you can find out which of the cards you don't know about and get your divorce lawyer to contact the CC companies.

Good luck, and I hope you get this resolved!

Rete

From my point of view, your soon to be ex-hubby and his attorney are in for a big surprise when they learn that you have PR status and that status was gained based on proven abuse charges against your soon to be ex-hubby.

Find a good divorce attorney and take the bas**rd for what's yours in this marriage. Also claim your spousal support and childcare support since he signed the I-864 for both you and your child.

You would have walked away with a fair and equitable division of property but he wanted to play dirty, so rest assured you that a wheelbarrow of mud behind you in form of the evidence you used to win your PR status.

dutchman2001nl

If I recall correctly, the A**wipe will remain responsible for the affidavit of support untill you become U.S. citizens or have worked with 40 quarters. So he ain't getting out of that even if he wanted to!
If I'm wrong I'm sure someone will correct me....

Noorah101

It seems her ex is trying to get her removed from the USA for good, which would also cancel out the I-864.

Created, I agree with the others who have said it's now time to involved a divorce attorney as well as an immigration attorney in your case.

Best Wishes,
Rene

Created

Thank you. You have no idea how much your replies settles my mind. My next mission is to find an attorney that will work with my financial situation. I'm sure the immigration attorney will not leave me high and dry, I'm waiting for him to return my call.

Both cars purchased during the marriage are in my name alone. He pretended that the 1st would be joint but backed out at the table. I believe he wanted to dodge the IRS. I purchased the second, because he would not let the drive the 1st.

You are right, he wants me out, so that he will be free of the I-864. Someone on VJ explained the seriousness of it. He told me several times during the marriage that if I left him I would have to leave the country.

If you know of any vicious divorce attorneys in GA (Smyrna, Marietta, Atlanta) Please let me know!

S Folinsky

Suggestion: read Created's past threads.

Observation: Created already has an immigration lawyer. One I believe to be one of the finest in the country. And he did her application pro bono [without charge].

Observation: Created appears upset about the attorney acting in what is a possible unethical fashion with her husband. Query: why is Created upset over her husband being the possible victim of of his own attorney's conduct?

TimNiceBut

Created, are both cars really *titled* in your name only (not purchased/loan in your name only)? That might make things a little interesting if he tries to sell them unless I'm completely mistaken.

If that's really the case then you might have the last laugh and he's got a very big gun aimed at his foot if he tries to sell either of them.