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Post subject: Mexican Immigration Fraud - What should I do next?
Posted: Sat Jul 18, 2009 10:42 pm
Joined: Sat Jul 18, 2009 10:26 pm Posts: 39
When I met Martha in October 2005 she was a Domestic Violence Victim and I wanted to help. I never imagined she would end up accusing me of the same. I offered her and her 3 sons to stay in my house.
In august 2008 she asked (begged) me to marry her because she was out of legal status in the US and wanted to become legal and needed to see her son in Mexico. Again I wanted to help and I agreed. On Aug. 27 – 2008 Martha and I got married.
Immediately after we got married her behavior changed dramatically. It became clear to me that something was totally wrong with our marriage. Martha threatened to “leave me a present” meaning “send me to jail”. I thought she was under a lot of stress and again I felt pity. On Oct. 5 – 2008 I filed for immigration for her and on Nov. 9 – 2008 for her 2 children.
Martha had managed to create a deep conflict between her 2 children and their own father and now she was working on doing the same between her 2 children and me. Her children’s behavior was becoming more and more unhealthy. When I discussed her sons’ situation with her she lost her temper, and later she would turn that into Emotional Violence in order to gain Immigration Benefits. On November 27 she told her son, Raul to cut off the TV cables which he did in 4 places.
As I realized the situation was becoming very unhealthy I asked her to look for another place to stay. On November 29 Martha went to the police which escorted her and her children back to our residence. On Sunday Nov. 30 2008 Martha informed me that she had met another man and intends to stay married to me only for the purpose of gaining Immigration Benefits. On Monday Dec. 1 2008 – for the above reason - I filed the Divorce Petition.
Martha immediately began to look for ways to retaliate against me. In the following weeks she would constantly provoke me hoping that I would hit her – but I never did, and she got even more desperate. She would call me a loser, an addict. She said she had used me for three years. She then joined the Domestic Violence Program - VAWA claiming there was “Emotional Violence” against her children. On Dec. 19 2008 Martha and her children left our residence and moved to the Dekalb County Domestic Violence Women’s Shelter. Martha left to the shelter using my 2007 SUV that I lent her.
On Dec. 31 2008 I came to Martha’s sister’s house to wish them a Happy New Year and to pick up my 2007 SUV. When I was driving the vehicle away Martha and her two sons ran out in front of the vehicle in an attempt to forcefully stop the running vehicle thus endangering their own lives and mine.
On Jan. 8 2009 Martha filed a petition for a Temporary Protective Order with Cobb County GA Superior Court – Civil Action xxxxxxxx - FALSELY accusing me for domestic violence against her and her children. On Jan. 13 2009 when appearing in front of the judge Martha committed Purgery for the first time.
On Jan. 23 2009 the Temporary Protective Order – Civil Action xxxxx was dismissed by Cobb County GA Superior Court judge – finding Martha’s accusations to be FALSE. At the court session Martha committed Purgery for the second time.
While giving her testimony Martha referred to events that allegedly took place on a trip to Orlando, FL in June 2008, proving that when she asked me to marry her in August 2008 her intentions were dishonest.
On Jan. 29 2009 the FINAL DECREE of Divorce was granted – Civil Action xxxxxx by Cobb County GA Superior Court judge.
On April 4 2009 I, the Plaintiff sent a certified letter to Martha granting her 30 days to remove her belongings from my house (the Plaintiff’s property). A return receipt was signed on April 16 as a proof of delivery. Martha did not remove her belongings from my property.
On May 29 2009 Martha appeared at my property (house) and attempted to gain access to the property. When the police arrived Martha informed the police that she was still married to me, the Plaintiff. By doing so Martha committed criminal trespassing and provided the police with misinformation.
Please let me know if there anything I should do that I haven't yet done.
wow your case is even more complicated then mine Sorry to hear but I think the best person to help is jnsampson and you will get a lot of feedback like I did,people here do sympathize and will support and give you good feedback just keep checking the post. I also just started coming on this forumrecently, and wish i could help but im just as clueless.but since she pulled this type of thing before, im sure things are in your favour you just need the right person to guide you through it all.Good Luck!
Have criminal charges been filed? PleAse do. . . line up a couple of convictions and you may get her into proceedings. Make sure you letter immigration with your details and any documents.
I can file a civil case against her, but for what?
She can't convict me of anything, and I can't convict her.
The unfortunate things is that the Violence Against Women Act (VAWA) can be manipulated because they don't ask for any proof.
Under this law she gets all the help she needs: Housing, Psychological, Medical, Employment and Immigration papers to stay in this country… and I get served by the Sheriff and a date at the court house.
You need to get a restraining order against her and arrange to give authorities her property and stay away from all contact with this woman at all costs.
The same judge who dismissed her allegations against me granted me the divorce while she wasn't even present at the court.
Later a judge granted me a motion that she lost all rights to claim her property... again, she wasn't present.
It is highly unusual that judges grant things (divorce, motions...) without both parties being present. I my case I think they knew that her accusations were false....
If due process was followed, and she was notified properly, then the judge will make a ruling. I assume the judge assumes guilt if one person fails to show. If both parties fail to show, then the judge probably will not rule.
If you had failed to show up at a protection order hearing, the judge would rule for your wife and grant the order.
She was present at the hearing of the Temporaty Protective Order. I fact she was the only one who spoke. After about two minutes of speaking the judge dismissed her petition. He knew she was lying.
She was not present at the divorce hearing. I didn't know where she was to notify her. The judge didn't care. It was the same judge and he granted me the divorce.
Later I went back to court with a motion and the judge signed an order that she lost her rights to collect her stuff from my house: Futniture, clothes, stuff in the kitchen etc.
Yesterday I talked with a therapist who deals with women in a similar situation. The therapist told me that she didn't believe USCIS will grant her the self petition. She said that since we where only married for three months USCIS will not regard it a true marriage. Now the question is: If USCIS denies her petition, will she get deported?
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Sorry to hear but I think the best person to help is jnsampson and you will get a lot of feedback like I did,people here do sympathize and will support and give you good feedback just keep checking the post. I also just started coming on this forumrecently, and wish i could help but im just as clueless.but since she pulled this type of thing before, im sure things are in your favour you just need the right person to guide you through it all.Good Luck!