A serious topic

[KenC]

I know there has been a lot of talk here and on other forums regarding the scamming RW that file a false DV report with the police in order to scam her greencard, but there is another side to this story.  We recently have made the aquaintence of a nice RW with a daughter that is living the "otherside" of this story.  She married a man from San Diego while still living in a fsu country.  She and her daughter moved here 6 months ago only to find the truth about her Prince Charming.  Our American hero is an abusive drunk.  He has attacked both the RW and her 15 year old daughter.

Up until a few days ago, she and her daughter were living in a shelter.  The women's shelter (government assistance?) just moved her into a small apartment.  So she and her daughter are out of harms way as far as any physical abuse.  But now the real war begins.

The man has filed for divorce.  The RW has some type of free attorney that is being over paid from what I see.  Her free attorney has filed answers for motions late and has in general done a total half ass job on this.  Of course Prince Charming is claiming he never did anything wrong and the RW is to blame.  His hope is to send the RW and her daughter back to where they came.

My questions are:

How can this woman get proper legal representation? (No money and very limited English skills)

Is there anything she should be doing in regards to her visa status?

Your thoughts are welcome.

KenC

[Travis]

... in response to A serious topic, posted by KenC on May 16, 2005

For the record, my ex pulled the false abuse cr@p on me, so I am a little skeptical, but I'll trust your intuition.

She could get an attorney to work pro bono. The husband would be ordered to pay her legal fees. Consider it like this: The judge is an attorney...attorney's will look after attorney's. Even if she's lying, the judge will probably still order him to pay her attorney fee's.

? If she was abused, did she ever file a charge? Does she have any proof? Photo's of injuries? Witnesses? Police report? Tape recording? Hospital or medical records? Checking into a shelter isn't proof. An allegation isn't proof either. If nothing, then why not? That's my skepticism speaking, sorry.

[mudd]

... in response to A serious topic, posted by KenC on May 16, 2005

Hey ken, Mudd from the latin board, let me know if you need an immigration attorney, i know of a good one, and she worked for the INS, but before you ask, make sure what you say is real, and the girl isnt making alll this up, just to get a visa and free support, so she can marry somebody else.

[LP]

... in response to A serious topic, posted by KenC on May 16, 2005

[This message has been edited by LP]

...that goes on here isn't serious?

So another loser surfaces eh? What a surprise. I'm late to this party so all I'll do is reiterate what Ray said because he is dead on. Have her get in touch with an immigration attorney and explain that unless her husband has clear evidence of visa fraud his wishes are a nothing more than the pipe dream his marrriage was. Even with compelling evidence, it's not his choice to make. Remember, do not confuse civil proceedings with criminal. And immigration proceedings are neither, as with many legal functions of the gum'mint they're administrative law...something John Q. rarely encounters or understands. This is where a good immigration lawyer earns his keep.

It'd be helpful to know more about her status and if an domestic abuse complaint was filed by local LE but as long as the marriage was made in good faith the odds are excellent she is here to stay. In fact the entire "they go back if the marriage fails and they haven't been adjusted" thing is mostly myth. At this point deportation is the least of her worries and whatever happens won't for a very long time. Not that bad ones don't get sent home, some do. I know of one whose time is coming and from what I've read of the case she more than deserves it.

Attend to this lady and her daughter's immediate needs (using the methods suggested) for shelter, moral/material support, and competent legal representation for the divorce which, as Ray pointed out, will be a non-event. If anything, all it will do is hammer another nail into the MOB coffin. And people wonder why I'm hard on losers...

But be sure to calm her fears of being sent packing. And needless to say, stress that becoming involved with any other chump (MOB or otherwise) who may wish to aid a damsel in distress would not be in her best interests at this time. It'd be interesting to know how she went about this whole thing too. How long they corresponded, if they were a one trip wonder, etc. It may be that like many her primary goal was to get here first and hope for the best. If so at least she got that far. Lastly, let us know how she makes out.

As for Scaught, seems pretty clear to me he's on a bumpy road of his own and can't be counted on to be objective. He's right about one thing though: you're getting only one side of the story.

[tim360z]

... in response to What, the other stuff..., posted by LP on May 18, 2005

and covers all the bases.  After reading Ken's C's post below,  seems like hubbie is one of the weird men-folk that jump to a MOB.  

Deportation???  Yeah!  Like all the Mexicans, Haitians and Cubans we deport?  They make a big deal of it when we deport a couple violent criminals.

[KenC]

... in response to What, the other stuff..., posted by LP on May 18, 2005

LP,
I pretty much calmed her fears about being sent back the first time we talked.  I knew that with a DV charge, she was almost guaranteed perminant residency.  She has spoken of protection and not retrabution, so I tend to beleive her.  She is not looking for a golden calf from this guy either, but rather trying to get her and her daughter's life back on track.

The guy's bio is interesting.  Mid forties and never been married.  Went to fsu country to bring back a wife to make his rich Momma & Daddy happy.  He thought that if got married and passed as normal, they might help him start a business.  Sheese, what a perfect MOB customer.  I didn't want to pry too much for details as her safety and welfare were the first priorities.
KenC

[Rags]

... in response to Re: What, the other stuff..., posted by KenC on May 19, 2005

Once again you have proved your mettle. We could use more people like you and APK around. Keep us informed how this turns out and if there is anything that we can do to help out. Sounds like you have the bases covered for now.

[KenC]

... in response to A serious topic, posted by KenC on May 16, 2005

Thank you guys for all your input here. I will tell you that everyone I have contacted on behalf of this woman has offered to step up and help her.  I am sure she is going to be in good hands now.
KenC
(Scaught, give me a little credit for knowing the situation, OK?  Your comments were off base)

[Robert D]

... in response to A serious topic, posted by KenC on May 16, 2005

I am a lawyer in a different state.  Have her contact a local law school that has a law clinic program.  That works and it is free

Robert D.

[Scaught]

... in response to A serious topic, posted by KenC on May 16, 2005

Sorry Ken, you mean well, but this is the scam. They leave the husband claiming, move into a shelter to legitimize the lies. I highly doubt he did anything wrong whatsoever. If he did, let's see the proof. Moving to a shelter doesn't mean a damn thing.

I bet you haven't spoken to him to get side of the story. He wil tell you the truth, that she's completely full of it.

I hope she is deported. No sympathy here, man. Sorry, but in my book anyone who helps her does mean well, but will help to perpetuate scamming. Apparently it is a growth industry.

If your Russian wife won't scam you, another one's will.

[tim360z]

... in response to You Are Being Scammed, posted by Scaught on May 17, 2005

Little quick on the trigger there, eh Scaught?

[Scaught]

... in response to Huh?, posted by tim360z on May 19, 2005

I walked this walk. My wife claimed abuse and "fled for her life"-- all on fabricated BS charges bolstered by her ignorant buddies.

It's the script. Marry one and find out for yourself, if that what it takes for you to get it! These conniving Ukrainian and Russian bastards don't  deserve a good Western man.

The seasoned professional I met with at immigration last week certainly knew what the script was!

One version of the script:

Man: This isn't working. I want a divorce.
Next Day---
Woman: Sheriff, there's my abuser. Give him the restraining order. Contact me at the shelter. Yes, he's the one who did (list of wild allegations which miraculously left no marks on her and by the way there were no witnesses-- Oh yeah, any judge will sign it).

Our judicial system is designed to let the Yuke or Rush babe screw you out of your life.  I spit on them now. Unfortunately the five or six good ones will read this and feel insulted. Too bad-- those women especially know it's true (just not true about themselves).

The rest is too graphic for this site, and most of you (99.99%) won't get it anyway. You suffer from group-think. Okay, go and write sonnets about the beauty of the loser you exchange pictures with, and kiss her picture-- goodnight!

[Ray]

... in response to You Are Being Scammed, posted by Scaught on May 17, 2005

Not every immigrant spouse who claims abuse is scamming someone. I have seen dozens of complete ass-holes who petitioned a lady, then beat her and molested her kids, etc.

Of course there are two sides to every story, but to assume that every one of these claims is bogus is simply being naive.

Ray

[Ray]

... in response to A serious topic, posted by KenC on May 16, 2005

Ken,

Which type of visa did they enter under, K-3/K-4 or CR-1/CR-2? Does she intend to try to stay here? What EXACTLY is her current immigration status?

If she came here with a CR-1 visa then she should be in pretty good shape to stay, if that’s what she wants to do, since she should already have a Green Card and the right to work, etc. When she has been here for two years she will need to petition for Removal of Conditions on her residence for her and her daughter and if she is divorced at that time then it should not be difficult to do. She will only need to show that she married in good faith.

If she is a K-3, has she adjusted status yet to legal resident status? If so, then she shouldn’t have any problem staying here as I explained above. If she is a K-3 and doesn’t yet have her Green Card, then I think she should contact an IMMIGRATION attorney ASAP. She should at least have a consultation to get advice. Sometimes they will grant a free or reduced rate for an initial consult. There are a lot of immigration help centers in San Diego where she may be able to get free immigration advice from a professional and she should contact the Russian Consulate for advice also.

If her “free” attorney is representing her in the divorce proceedings, then I guess she is getting her money’s worth. As long as he explains her rights and protects her interests, then California law on divorce is pretty much standardized. California divorce is “no fault” so if one party files, it’s pretty much an automatic done deal. If her free attorney is really an idiot, then she should contact some good family law attorneys. They will likely tell her that she won’t need to pay since she has no money. Usually it will be no problem for an attorney to get the husband to pay her legal bills through a court order. Whatever she does, she should NOT be going through a divorce without a decent attorney and she should not be using her husband’s attorney representing them both.

Because her husband wants to send her and her daughter back to where they came from means absolutely nothing. He can not make her go home and he can not have her deported.

Ray

[RickM]

... in response to A serious topic, posted by KenC on May 16, 2005

That story really B.I.T.E.S!!!
I believe it happens that a lady arrives unsuspecting only to find a monster exists...

Usually,in any married household domestic situation,especially with a child involved,the man is removed from the home temporarily pending the outcome of the domestic allegation rulings.
How did she get removed from the house?Did she "abandon" him?That's not good and needs to be re-clarified for court record...It gives the husband instant grounds for divorce..."Abandoment"...

That is mistake #1,she should have reported the facts to the police and even have her attorney petition the courts that a temporary court order re-position "her and the child" back in the home pending the outcome.

The husband would also be ordered to pay to keep the house going and even possibly a temporary alimony payment until the matter reaches final disposition from the courts.
With a few continuences,we're taliking a year or so at least before that occurrs...

"THAT",all should occur when she partitions and goes before a judge and applies for a temporary restraining order.

I'd suggest sending her "back" to the courts to obtain a restraining order and seek further assistance in the form of Victim's Witness Protection while there...

As for the visa status,if she is "sure" the marraige is over then she should proceed immediately with copies of all the filed police and court records and all her other documents pertaining to her and her child's arrival,including marraige license and all legal temporary citizen status papers,"then" she should file on her "own" for Adjustment of Status based on the facts of the hardship that exists at the nearest Goverment Center.

I'm certain she could find a helpful translator "somewhere" (friend,hospitols,court-houses,local Jewish or Orthodox Churches) to help her and as for the attorney of record currently handling the domestic issues,I'm certain the Victim Witness Protection Dept. at the courthouse she will deal with when applying for the restraining order will be able to steer her toward more efficient representation if she is feeling this current attorney is incompetent by filing late motions already etc.

***It's very important she keeps her cool and establishes clearly and documents it that "she and her child" are the victims here***