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VAWA Route for lifting conditions

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Things went bad. And I am due to send app in Aug 2012.

Will be going the VAWA route. I work min wage, and dont hv money to hire attoneys to do this.

Really need help.

Naturalization (N-400) based on Marriage

Service Center : Phoenix AZ Lockbox

CIS Office : Honolulu HI

Date Filed : 2013-08-24

NOA Date : 2013-08-30

Bio. Appt. : 2013-09-26

Interview Date : 2013-26-11

Approved : Yes

Oath Ceremony : 2013-11-12

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

Lifting Conditions (I-751)

CIS Office : California Service Center

Date Filed : 2012-08-28

NOA Date : 2012-08-31

RFE(s) : None

Bio. Appt. : 2012-10-04

Interview Date : None

Approval Date : 2013-03-12

Approved : Yes

Got I551 Stamp : No

Green Card Received : 2013-03-18

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

Adjustment of Status (I-485)

CIS Office : Chicago IL

Date Filed : 2010-07-29

NOA Date : 2010-08-09

RFE(s) : None

Bio. Appt. : 2010-09-03

AOS Transfer** : NA

Interview Date : 2010-11-22

Approval Date : 2010-11-22

Approved : Yes

Got I551 Stamp : No

Greencard Received: 2010-12-04


Employment Authorization Document

CIS Office : Chicago IL

Filing Method : Mail

Filing Instance : First

Date Filed : 2010-07-29

NOA Date : 2010-08-09

RFE(s) : None

Bio. Appt. : 2010-09-03

Approved Date : 2010-09-27

Date Card Received : 2010-10-04


Advance Parole

CIS Office : Chicago IL

Filing Method : Mail

Filing Instance : First

Date Filed : 2010-07-29

NOA Date : 2010-08-09

RFE(s) : None

Date Received : 2010-10-01

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

Port of Entry Review

Port of Entry : Honolulu

POE Date : 2010-06-04

Got EAD Stamp : No

Biometrics Taken : Yes

Harassment Level : 0

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

K1 Visa (I-129F Fiancé(e) petition)

Service Center : California Service Center

I-129F Sent : 2009-12-16

I-129F NOA1 : 2009-12-28

I-129F RFE(s) : None

RFE Reply(s) : NA

I-129F NOA2 : 2010-02-26

NVC Received : 2010-03-04

NVC Left : 2010-03-08

Consulate Received : 2010-03-12

Packet 3 Received : 2010-04-30

Packet 3 Sent : 2010-03-26

Packet 4 Received : 2010-04-19

Interview Date : 2010-05-25

Interview Result : Approved

Visa Received : 2010-05-31

US Entry : 2010-06-04

Marriage : 2010-06-21

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Divorce and file for ROC with the Divorce Waiver, no VAWA involved as you already have your conditional greencard.

If you just use the Divorce waiver then all you have to prove is that you entered the marriage in good faith by showing you lived together and co-mingled finances.

If you file ROC with the Abuse Waiver then you have to also prove the abuse which is a much higher standard of proof to meet.

Save yourself the trouble, just use the Divorce Waiver for ROC.

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Thank you, Bob. Appreciate your insight into this.

Naturalization (N-400) based on Marriage

Service Center : Phoenix AZ Lockbox

CIS Office : Honolulu HI

Date Filed : 2013-08-24

NOA Date : 2013-08-30

Bio. Appt. : 2013-09-26

Interview Date : 2013-26-11

Approved : Yes

Oath Ceremony : 2013-11-12

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

Lifting Conditions (I-751)

CIS Office : California Service Center

Date Filed : 2012-08-28

NOA Date : 2012-08-31

RFE(s) : None

Bio. Appt. : 2012-10-04

Interview Date : None

Approval Date : 2013-03-12

Approved : Yes

Got I551 Stamp : No

Green Card Received : 2013-03-18

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

Adjustment of Status (I-485)

CIS Office : Chicago IL

Date Filed : 2010-07-29

NOA Date : 2010-08-09

RFE(s) : None

Bio. Appt. : 2010-09-03

AOS Transfer** : NA

Interview Date : 2010-11-22

Approval Date : 2010-11-22

Approved : Yes

Got I551 Stamp : No

Greencard Received: 2010-12-04


Employment Authorization Document

CIS Office : Chicago IL

Filing Method : Mail

Filing Instance : First

Date Filed : 2010-07-29

NOA Date : 2010-08-09

RFE(s) : None

Bio. Appt. : 2010-09-03

Approved Date : 2010-09-27

Date Card Received : 2010-10-04


Advance Parole

CIS Office : Chicago IL

Filing Method : Mail

Filing Instance : First

Date Filed : 2010-07-29

NOA Date : 2010-08-09

RFE(s) : None

Date Received : 2010-10-01

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

Port of Entry Review

Port of Entry : Honolulu

POE Date : 2010-06-04

Got EAD Stamp : No

Biometrics Taken : Yes

Harassment Level : 0

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

K1 Visa (I-129F Fiancé(e) petition)

Service Center : California Service Center

I-129F Sent : 2009-12-16

I-129F NOA1 : 2009-12-28

I-129F RFE(s) : None

RFE Reply(s) : NA

I-129F NOA2 : 2010-02-26

NVC Received : 2010-03-04

NVC Left : 2010-03-08

Consulate Received : 2010-03-12

Packet 3 Received : 2010-04-30

Packet 3 Sent : 2010-03-26

Packet 4 Received : 2010-04-19

Interview Date : 2010-05-25

Interview Result : Approved

Visa Received : 2010-05-31

US Entry : 2010-06-04

Marriage : 2010-06-21

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also try the 'effects of major family changes' forum. there is lots of good support and advice there for people in similar situations.

take care of yourself.

21 oct 08 : i-129F sent / 22 oct 08 : NOA1 / 23 feb 09: NOA2 / 13 mar 09 : rec'd 'packet 3' / 28 mar 09 : rec'd 'packet 4' / 20 apr 09 : interview / 22 apr 09 : passport/visa delivery by courier / 29 apr 09 : POE @ PHL / <3 05 may 09 : married <3 / 06 jul 09 : AOS submitted / 09 jul 09 : NOA for EAD/AP/i-485 / 28 jul 09 : biometrics / 31 aug 09 : AP rec'd / 02 sep 09 : EAD rec'd / 19 oct 09 : conditional green card rec'd

16 jul 11 : i-751 sent to VSC (fedex)

18 jul 11 : fedex confirmed delivery; NOA1 generated

20 jul 11 : NOA1 notice rec'd; check cashed; touch

26 jul 11 : NOA2 generated

28 jul 11 : NOA2 biometrics appt letter rec'd

29 jul 11 : letter req biometrics appt rescheduling sent

09 aug 11 : biometrics appt (could not attend); NOA3 generated

11 aug 11 : NOA3 (rescheduled) biometrics appt letter rec'd

24 aug 11 : biometrics appt

14 oct 11 : conditional green card expiry date

16 nov 11 : filed AR-11 for LPR online

18 nov 11 : mailed i-865 for USC

22 nov 11 : moved house; NOA4 change of address for USC rec'd

13 dec 11 : filed AR-11 for LPR by phone

29 dec 11 : filed hardcopy AR-11 for LPR by mail

18 jan 12 : 6 month mark ROC

05 apr 12 : approval letter rec'd

16 jul 12 : n-400 filing window opens

immediate concerns:

none, immigration-wise.
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also try the 'effects of major family changes' forum. there is lots of good support and advice there for people in similar situations.

I had considered moving this thread there but didn't because the OP's question is directly related to ROC.

I would echo the suggestion to check that forum out as it will have many others in your situation that can share their experiences.

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Filed: Citizen (apr) Country: Australia
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Agree with Bob4Anna. Just do the divorce waiver. The burden of proof for the abuse waiver is much higher.

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Thanks.

I just found out that the local immigration justice center can help if I qualified for their services too. Lets see what will happen, I got plenty documentation to prove abuse.

Naturalization (N-400) based on Marriage

Service Center : Phoenix AZ Lockbox

CIS Office : Honolulu HI

Date Filed : 2013-08-24

NOA Date : 2013-08-30

Bio. Appt. : 2013-09-26

Interview Date : 2013-26-11

Approved : Yes

Oath Ceremony : 2013-11-12

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

Lifting Conditions (I-751)

CIS Office : California Service Center

Date Filed : 2012-08-28

NOA Date : 2012-08-31

RFE(s) : None

Bio. Appt. : 2012-10-04

Interview Date : None

Approval Date : 2013-03-12

Approved : Yes

Got I551 Stamp : No

Green Card Received : 2013-03-18

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

Adjustment of Status (I-485)

CIS Office : Chicago IL

Date Filed : 2010-07-29

NOA Date : 2010-08-09

RFE(s) : None

Bio. Appt. : 2010-09-03

AOS Transfer** : NA

Interview Date : 2010-11-22

Approval Date : 2010-11-22

Approved : Yes

Got I551 Stamp : No

Greencard Received: 2010-12-04


Employment Authorization Document

CIS Office : Chicago IL

Filing Method : Mail

Filing Instance : First

Date Filed : 2010-07-29

NOA Date : 2010-08-09

RFE(s) : None

Bio. Appt. : 2010-09-03

Approved Date : 2010-09-27

Date Card Received : 2010-10-04


Advance Parole

CIS Office : Chicago IL

Filing Method : Mail

Filing Instance : First

Date Filed : 2010-07-29

NOA Date : 2010-08-09

RFE(s) : None

Date Received : 2010-10-01

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

Port of Entry Review

Port of Entry : Honolulu

POE Date : 2010-06-04

Got EAD Stamp : No

Biometrics Taken : Yes

Harassment Level : 0

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

K1 Visa (I-129F Fiancé(e) petition)

Service Center : California Service Center

I-129F Sent : 2009-12-16

I-129F NOA1 : 2009-12-28

I-129F RFE(s) : None

RFE Reply(s) : NA

I-129F NOA2 : 2010-02-26

NVC Received : 2010-03-04

NVC Left : 2010-03-08

Consulate Received : 2010-03-12

Packet 3 Received : 2010-04-30

Packet 3 Sent : 2010-03-26

Packet 4 Received : 2010-04-19

Interview Date : 2010-05-25

Interview Result : Approved

Visa Received : 2010-05-31

US Entry : 2010-06-04

Marriage : 2010-06-21

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Filed: Citizen (apr) Country: Australia
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Thanks.

I just found out that the local immigration justice center can help if I qualified for their services too. Lets see what will happen, I got plenty documentation to prove abuse.

If you want to ignore our advice regarding divorce and abuse waivers feel free. BUT be prepared for it to take MUCH longer and be MUCH harder. Remember you were warned.

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If you want to ignore our advice regarding divorce and abuse waivers feel free. BUT be prepared for it to take MUCH longer and be MUCH harder. Remember you were warned.

Thanks. I heed to the warning and your words of wisdom. I am open to all possibilities, let's see what will happen. The truth is abuse. VAWA or Divorce, nothing was supposed to happen but sadly abuse has. I will be open to the divorce very much, will see what comes first.

Please do recommend of people who tried to do the VAWA but found it very difficult and failed. You must know someone as you know it would be much longer and much harder.

Especially someone who dealt with mental illness and abuse both at the same time. My spouse did not disclose his condition to me ever, and in one year he got hit, and all the abuse followed, and no matter what I have done on the past many months to keep this relationship going, i got kicked out this month. So I am lookign at all options, if we end up getting divorced without a hassle, good for me. If not, VAWA is the priority.

Naturalization (N-400) based on Marriage

Service Center : Phoenix AZ Lockbox

CIS Office : Honolulu HI

Date Filed : 2013-08-24

NOA Date : 2013-08-30

Bio. Appt. : 2013-09-26

Interview Date : 2013-26-11

Approved : Yes

Oath Ceremony : 2013-11-12

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

Lifting Conditions (I-751)

CIS Office : California Service Center

Date Filed : 2012-08-28

NOA Date : 2012-08-31

RFE(s) : None

Bio. Appt. : 2012-10-04

Interview Date : None

Approval Date : 2013-03-12

Approved : Yes

Got I551 Stamp : No

Green Card Received : 2013-03-18

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

Adjustment of Status (I-485)

CIS Office : Chicago IL

Date Filed : 2010-07-29

NOA Date : 2010-08-09

RFE(s) : None

Bio. Appt. : 2010-09-03

AOS Transfer** : NA

Interview Date : 2010-11-22

Approval Date : 2010-11-22

Approved : Yes

Got I551 Stamp : No

Greencard Received: 2010-12-04


Employment Authorization Document

CIS Office : Chicago IL

Filing Method : Mail

Filing Instance : First

Date Filed : 2010-07-29

NOA Date : 2010-08-09

RFE(s) : None

Bio. Appt. : 2010-09-03

Approved Date : 2010-09-27

Date Card Received : 2010-10-04


Advance Parole

CIS Office : Chicago IL

Filing Method : Mail

Filing Instance : First

Date Filed : 2010-07-29

NOA Date : 2010-08-09

RFE(s) : None

Date Received : 2010-10-01

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

Port of Entry Review

Port of Entry : Honolulu

POE Date : 2010-06-04

Got EAD Stamp : No

Biometrics Taken : Yes

Harassment Level : 0

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

K1 Visa (I-129F Fiancé(e) petition)

Service Center : California Service Center

I-129F Sent : 2009-12-16

I-129F NOA1 : 2009-12-28

I-129F RFE(s) : None

RFE Reply(s) : NA

I-129F NOA2 : 2010-02-26

NVC Received : 2010-03-04

NVC Left : 2010-03-08

Consulate Received : 2010-03-12

Packet 3 Received : 2010-04-30

Packet 3 Sent : 2010-03-26

Packet 4 Received : 2010-04-19

Interview Date : 2010-05-25

Interview Result : Approved

Visa Received : 2010-05-31

US Entry : 2010-06-04

Marriage : 2010-06-21

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Filed: Citizen (apr) Country: Australia
Timeline

Please do recommend of people who tried to do the VAWA but found it very difficult and failed. You must know someone as you know it would be much longer and much harder.

Especially someone who dealt with mental illness and abuse both at the same time. My spouse did not disclose his condition to me ever, and in one year he got hit, and all the abuse followed, and no matter what I have done on the past many months to keep this relationship going, i got kicked out this month. So I am lookign at all options, if we end up getting divorced without a hassle, good for me. If not, VAWA is the priority.

Using the search function there are several but you have to read through them. Here are a couple:

- http://www.visajourney.com/forums/topic/337281-vawa/

- http://www.visajourney.com/forums/topic/334578-has-anyone-ever-won-a-vawa-appeal/

If you file based on abuse, you need to prove the abuse, you also need to prove a good faith marriage. File based on divorce you only need to prove good faith marriage.

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If you file based on abuse, you need to prove the abuse, you also need to prove a good faith marriage. File based on divorce you only need to prove good faith marriage.

r@vj,

As long as you can prove you entered the marriage in good faith you're fine with just getting divorced and filing based on the divorce waiver.

If you can't prove good faith then even VAWA won't help you.

If you want to claim abuse in your divorce or call the police on your husband and get him arrested that's all good and well, he should suffer the consequences of his actions against you. I don't understand why you'd want to add a layer of complication to your Removal Of Conditions filing.

You already have enough going on in your life, your ROC can be simple and painless or it can become yet another pain in your backside. Just take the simple route there is no benefit to the more complicated route.

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