DCMark

No its not.

Noorah101

The I-864 mentions something like "40 quarters of qualifying work". If the alien works full time, this equals 10 years. However, if the alien doesn't work at all, or only works part time, this time frame is extended until the alien completes 40 quarters of work. This could take 20 years, 30 years, or never. Also, as I undestand it, divorce does not terminate your responsibilities involved with the I-864. An annulment is hard to get unless your spouse is already married or a wanted criminal (at least in Arizona). A divorce is more likely.

Here's what you need to do, very plain and simple: Contact a competent immigration attorney for a consultation on how your divorce will affect her status here. Contact a divorce attorney to get consultation on terminating your marriage. Contact a counselor to help you through your emotional turmoil. Plan on taking a LOT of time to sort these things all out.

Best Wishes,
Rene

greenlllllgj

Here are a few things I found:

"However, the Attorney General is authorized to terminate the conditional residence status of any alien, within the two-year period, if he/she determines that:
# The qualifying marriage was entered into solely for the purpose of procuring the alien's entry as an immigrant"
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Considering that my wife did not love me enough to make love to me for the first several months of our marriage (which she admits), & she did not love me enough to keep herself from hitting & kicking me during our marriage (videotape evidence), & she travelled to Canada to visit a friend about a month after ariving to the US(many witnesses), & all the other things, I may have enough proof to show that she entered into marriage solely for the purpose of getting entry to the US. I mean, it wasnt for my money. It wasnt my good looks. She didnt marry me for love. She could not even breath when I tried to hug her. She could not even respond w/ "I love you" while we were in her home country & even rarely so when we were married there. If only I can get her to admit that she did these things, while taping it in a little recorder, it might be enough evidence. I may gather all the evidence that she did not love me & present that to the GA, as proof that her reason for marriage was not love, but a visa.
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"If you or your child were battered or subjected to extreme mental cruelty by your spouse, you must submit the following:

# Expert testimony proving that you or your child were battered or subjected to extreme mental cruelty. Examples of such testimony includes, but is not limited to:

1* Copies of police and medical records detailing evidence of physical abuse
2* Evaluations by clinical social workers and psychologists showing evidence of mental cruelty
3* Copy of your divorce decree if your marriage was terminated because of physical abuse or mental cruelty. "
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1 I need to check my local police station to see if any records of physical abuse have been filed against me. I guess they might not automatically inform me if such records were made.

2 She is currently seeing a clinical psychologist & she may get this person to evaluate that she was treated w/ both physical abuse & mental cruelty. I can possibly meet with this psychologist who was originally our marriage counselor, but in our 1st session she suggested she see my wife seperately & I see another counselor seperately & then we could meet later.

3 Luckily she has not divorced me yet, which gives me time before she can file for her own permanent residence status based on alleged spousal abuse.

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"aggravated felony = bar to naturalization"
I need to determine if her hitting me in the parking lot was an aggravated felony & if so, she cannot become a permanent resident.
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"# Under INA §101(a)(43)(R), an offense relating to commercial bribery, counterfeiting forgery, or trafficking in vehicles the identification numbers for which a sentence of 5 years of imprisonment or more may be imposed;

IIRAIRA also amended INA §101(a)(43)(G) (a theft offense including receiving of stolen property or burglary offense) by lowering the term of imprisonment from five to one year;"
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therefore if I can prove that she forged my checks that should be all I need. I have been missing a lot of money recently.

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"An alien who claims to be eligible to file a self-petition although now divorced from her/his spouse must nevertheless fully satisfy all other eligibility requirements. S/he must demonstrate that s/he was the spouse of a USC or LPR, that s/he entered the marriage in good faith, that there was battering or extreme mental cruelty during the marriage, that at some point s/he resided with the abuser, and that s/he is a person of good moral character."
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She cannot be considered of good moral character if it is on record that she beat me & its on video tape & I sent this evidence to the INS before she can get a restraining order on me which would prevent me from sending anything to the INS.
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"(11) Termination of K-3/K-4 status. The status of an alien admitted to the United States as a K-3/K-4 under section 101(a)(15)(K)(ii) or (iii) of the Act, shall be automatically terminated 30 days following the occurrence of any of the following: (Paragraph (k)(11) added 8/14/01; 66 FR 42587)

(i) The denial or revocation of the Form I-130 filed on behalf of that alien;
(ii) The denial or revocation of the immigrant visa application filed by that alien;
(iii) The denial or revocation of the alien's application for adjustment of status to that of lawful permanent residence;
(iv) The K-3 spouse's divorce from the U.S. citizen becomes final; "
(vi) The denial of any of these petitions or applications to a K-3 also results in termination of a dependent K-4's status. For purposes of this section, there is no denial or revocation of a petition or application until the administrative appeal applicable to that application or petition has been exhausted.
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Therefore I can have her k-3 visa terminated if I revoce her i-130 & maybe also her i-864. This may be a good idea. I can send through certified mail a letter asking INS to revoke my i864 & i130.
================

I may do a several of these things at once.
to recap:
1 Present proof that she married me for a greencard to the Attorney General.
2 Talk to our marriage counselor & inform her of the situation.
3 Prove forgery of checks, money theft.
4 Revoke her i130 & i864.
Any further ideas & suggestions?

BTW: May God bless you ian-mstm. Sending her love & prayers.

HunterGreen

A few? You are spending an awful lot of time researching what you can do against her, instead of what you can do for you.

Isn't that the difference between justice and revenge? In the case of justice, you get what you think you deserve, in the case of revenge she gets what you think she deserves.

Why don't you start researching things with the goal to sort out what is best for you, instead of what is worst for her?

Elaine

DCMark

Ok! Let me say it. Are you a bit off? Sharing these things with total strangers. GET A GRIP MAN! You are off your rocker if you think the INS really cares. They get this 'pissed spouse' all the time.

Secret recordings? Thats a good one. Check your legalities there.

Also let us remember we are only getting ONE side of the story. We have not heard from the wife.

sphyrapicus

I was wondering if you could furnish us with your id for hotornot.com? Many of us at BE would like to verify your rating as 9.3. Your case will have more merit if you can show that you are an attractive young man.

Thank you for your consideration so that we can objectively help you with your situation.

MightBe

I got a 9.4 and my avatar is the pic I used. Apparently a dead horse on there got a 9.6, But he had good teeth.

Folinskyinla

Hi:

LOL. "make-believe-lawyer" is it all right. Much of the luange in the Immigration & Nationality Act dates from the days when ALL of US based end of immigration was in the Department of Justice. The statutory way of saying that is by reference to the Attorney General. These days, a lot of the old statutory references are in regards to the Secretary of Homeland Security, but the INA has not been amended to match. This is particularly true in the regulations where there are still refernces to "Special Inquiry Officers" [aka "Immigration Judges"] and pre-1990 numerical citations rather than the current ones.

OK -- remember that the responsiblities are DELEGATED. You can complain to DHS, probably to ICE. They can, if THEY desire, issue a Notice To Appear and initiate removal proceedings by filing it with the Immigration Court which is part of the Executive Office of Immigration Review which is part of the Department of Justice. If the IJ or the Board of Immigration Appeals issues a final order of removal and absent judicial reivew, then she can be removed.

Note: you have little or no role in this.

greenlllllgj

1 She beat me repeatedly.
2 I am legally obligated to support her, my abuser, as long as she is here.
3 She cheated me, pretended to love me, & used me.
4 She discredited me to my close friends.
5 She lied about me, very bad lies, saying I hit her... so she could stay here.
6 She made my life miserable.
7 She drained my life savings & then left me broke.
8 She might have gotten me fired - job security is unstable now that she hit me at work on camera.
9 She threatened to poison/cheat on me, came after me w/ a knife...

What is best for me, right now, is justice, from the legal system, through the truth of my situation.

"Revenge is retaliation against a person or group in response to a wrong-doing by that person or group. Although many aspects of revenge are similar to the concept of making things equal, the goal of revenge is usually more injurious than CONSTRUCTIVE. " -definition of revenge

By seeking justice, which will probably get her sent back to her original country (right where she was before she scammed me), I am protecting myself from being battered again, protecting my reputation, & protecting my finances from being unfairly burdened. This is not about hurting her back, so much as it is about letting the government protect me from the further harm of a very abusive & disturbed person. This is CONSTRUCTIVE more than injurious, therefore it is not revenge. Besides, she spent most of her life in her original country, what is so wrong about her having to return, especially when it is her actions that made her have to return?

Justice:
Justice is a concept involving the fair and moral. Oftentimes, these concepts and beliefs are generalized and codified in a culture or group, and thus serve to regulate the behaviour of its members. Conformity to such codification may also be called morality, and the group may depend on widespread conformity to such codes for its continued existence. A "moral" may refer to a particular principle, usually as informal and general summary with respect to a moral principle, as it is applied in a given human situation.

& Justice for All

greenlllllgj

LOL, I see your point! Thanks for your help. So, would you suggest I take the actions mentioned - or hire lawyers - or try to work it out peacefully & risk having to pay up if i864 demands it?

i currently have about $400 spending money. How much would a lawyer's services cost?

MightBe

Depends on where you are, a handshake or a couple of hours time.

Folinskyinla

Hey Marnee:

I had totally forgotted aobut his prior posting which was a POLL on whether or not he should turn her in or help her become a citizen. This was my reply:

--------------------------------------

The way you word you poll, it can't be answered.

Also, please realize that to an "outsider" viewing your situation, it can easily become a "he said, she said" situation.

As between you two, you many have a remedy in STATE court to seek a nullity based upon immigration fraud.

As for her green card, it is too late to "cancel" the I-864. Whether she keeps her green card or eventually gets citizenship,that is between HER and the government. YOU are technically a "stranger" to the matter inasmuch as green card fraud is against the GOVERNMENT.

If you want to report her to ICE, feel free to do so. You don't want to do the joint I-751, that is your privilege.

--------------------------------------------

Back on my new posting, if a state nullity action was filed and she came to me, I would strongly advise that she NOT contest the matter and let it go by default absent other factors [e.g. money issues]. This would avoid what us lawyers call "collateral estoppel." That said, I once quarterbacked a nullity suit where the hubby did contest, lost and on the later I-751, prevailed in showing a bona-fide marriage.

A further comment on that presumption the OP found -- it is a "rebuttable" presumption. And presumptions don't count for much in immigration court other than on production of evidence. The law generally frowns strongly on presumptions of fraud.

HunterGreen

Except you're barking up the wrong tree. You need not address these issues with the USCIS, but your local police department and a state court.

Elaine

USA & Pakistan

You have all the answers that you need, you just need to decide for yourself how to proceed. Sitting around obsessing on it is just making your mental state even worse.

She has a right to leave you. If the relationship has broken down this much then let her go, and get on with your life. It is too late now to go back and change things.

I also recommend that you see a therapist, seriously. It is scary how obsessed you are with this.

Marnee

ian-mstm

Oh, pity me, pity me... I'm a victim! The world loves a victim, doesn't it? I'm all good and she's all bad. I'm a pansy-ass wimp and she's godzilla. She took everything and I have nothing. Geez... you sound like a bad country song! If you weren't so pathetic, I'd laugh about it.


Actually, a restraining order would protect you more! But that's the job of law enforcement, not the government.


Again, this is the job of law enforcement, not the government. Are you just stupid or don't you get that?

You are such a whiner! I can't believe you actually think you're seeking justice. This is revenge - this is about you taking actions to hurt her, even though the actions are indirect. She hurt you and now you want to hurt her back. You're an idiot! When you were born, your mother should have been slapped!

Ian