VAWA

[Yahya54 4]

hey EWTN

wow its been long time sinc we heard from you . sure we misse her ewtn . how are ? hows every thing going me and you the oldest her and still nothing I KNOW THE PROSSEC ITS NOT FEAR AND IS PAINFULL . BUT NOTHING RELLY WE CAN DO i feel happey when i see people get approve in 6 month and they dont have to go thru what we had. but i still dont see it faer how some have to wait long and some not wich is that the immigration should know

as of my case i just send my 2nd RFE today wich they ask for my divorce decree and background chak(good character)

so i should her somthing soon.

[kwala 3]

speedbaby - btw how soon was your case approved? I am assuming you filed I-360 and I-485 concurrently? Did you receive an EAD prior to the final steps?

I really need to work to support myself and it's frustrating being so helpless but trying very hard to be positive

Hi Dear no worry you start in good way .your i-765 will be aproved in 45 days .because for this vawa petition everyone should file i-485 ,i-360 ,i-765 togethre is the best way to live in peace of mind and keep working while the i-360 take some time 3 mounth or 7 years .mine going now to 5 years and stil from the abuse to war and the war is not the answear .the blood almost come out from my two eyes and my heart on fire .no work permit to survive while this U TURN where u come from pending for so long .i gave them more than they ask for .but pictures of injuries not accepted if not dated they need all the evidence to be dated in the back even mariage pics and even tape record or everything must be dated and signed ok i do have more mated because my unique wife need matimatic but they stil have problems to resolve my case .i gave them what no one will give them .still no response ,currenthly going trough two car accidents and i was hospitalised with closed head injuries .not my fault. my case denied because my two attorney turn the case complicated but when my case denied i wake up i was sleeping .i appeal as a self representative and i just start because my dad told me when you become tired say u just start .i try to make everything right to resolve what the officer not understand and denied my case and i send extra evidence wish including letters and note from my xwife insulting my religion the last religion that allah want us all to know .and insulting my immigration status .and two police report .two pcycological report .13 sworn afidavits from citizen.tape recoder of my usc aknowledge by hit my lips my mouth siveral time until the blood come out and speaking badely the officer will listen to that x wife he defend for her because she is from here .picturs of phisical injuries and pictures of damaged property at home .stolin checks .her bad background check past charge .i appeal on 2007 my case stay in the vsc 2 years until i contact the white house and head quarter in dc .the officer stuck he need help and recomandation .the dc request the case the officer have 1 week from monday to monday to send the case ,the case was reviewed by higher experienced officers in law for vawa .the case remanded back for consideration and entry of new decision.i am so tired everymorning i wake up i wish if i did not wake up .the case back to the same officer .i am going to 5 years without work permit .

Edited March 31, 2010 by bensherif

[ashleyblack 0]

Thank you colours!!

My interview was supposed to be at 11am. I got there at 10:30.... It was 1:15 when I begged them to see me (I had to catch a bus back home at 2pm). The guy was really nice, apologized a million times for being late (he had many problematic cases that were before mine, that's why he was so late).. I told him not to worry about it... He made me swear that everything I told him was true, he just asked me if I was still married, to describe a little of what had happened, and he even laughed sometimes when I described what my ex-husband did to me... he even said: Did you put him in jail? I said: Yes!!! The officer even laughed and said well done... he got my medical exams, my divorce decree and confirmed my address, SSN, asked for my passport, canceled my K3 visa, and said that my visa was being approved.

In the middle of the interview he said: Call the cab now, cause I'm approving you and you need to go home and celebrate!

In the end, he just said I was getting the 10 year green card and that I could apply for citizenship after 5 years of permanent residency or in 3 years if I got married... I laughed and said that I wasn't planning on getting married and he laughed and said: I wouldn't either if I had gone through all that!

He apologized some more about the delay and just said that I'll be getting the green card in the mail within the next 2 weeks, gave me an approval letter and I was ready to go!

Wow that really nice to hear speedbaby .. everyone has a hope to be approved soon..

lets celebrate for your approval and Im so happy for you ..

good luck for the next level of your journey ..

ashley

[mardigrass 0]

Dear fellows,

My Vawa got approved today, after 10 months. I got a request for additional evidence regarding good faith marriage and joint residence, and my petition got approved 2 months after I submitted the requested paperwork.

I am happier that anyone could imagine, it's a tough journey, so hang on you who are still in process, everything will come to an end when you less expect. I wish you luck and a lot of strenght, you need it.

Finally!! I still need time to adjust to this good news....Imagine when I'll have the Green Card in my hands, I can visit my parents who I haven't seen for 6 years. My mom is crying with me.

Good luck my friends, this country is THE GREATEST among all nations! GOD BLESS AMERICA!!!

[colours 3]

Thanks for all the input friends.

CONGRATULATIONS mardigrass!!! That is great news Can you please share your experience in the whole process. Did you file everything concurrently? What evidence did you file initially and later. Did you have an interview? What happened? Perhaps your experience along with other people's will give us an idea of what to expect and some reassurance as well...

[KoshkaMoshka 0]

Thank you colours!!

My interview was supposed to be at 11am. I got there at 10:30.... It was 1:15 when I begged them to see me (I had to catch a bus back home at 2pm). The guy was really nice, apologized a million times for being late (he had many problematic cases that were before mine, that's why he was so late).. I told him not to worry about it... He made me swear that everything I told him was true, he just asked me if I was still married, to describe a little of what had happened, and he even laughed sometimes when I described what my ex-husband did to me... he even said: Did you put him in jail? I said: Yes!!! The officer even laughed and said well done... he got my medical exams, my divorce decree and confirmed my address, SSN, asked for my passport, canceled my K3 visa, and said that my visa was being approved.

In the middle of the interview he said: Call the cab now, cause I'm approving you and you need to go home and celebrate!

In the end, he just said I was getting the 10 year green card and that I could apply for citizenship after 5 years of permanent residency or in 3 years if I got married... I laughed and said that I wasn't planning on getting married and he laughed and said: I wouldn't either if I had gone through all that!

He apologized some more about the delay and just said that I'll be getting the green card in the mail within the next 2 weeks, gave me an approval letter and I was ready to go!

Dear speedbaby

Congratulations!!!!!!

I think you can apply for a citizenship in 3 years (with VAWA cases)

[qwerty07 0]

Congrats nice to know that youre done with all of this..

Can anyone tell me if we can apply for a License or state ID card with pending VAWA petition? im in doubt but they should give us right? thanks!

[kwala 3]

Congrats nice to know that youre done with all of this..

Can anyone tell me if we can apply for a License or state ID card with pending VAWA petition? im in doubt but they should give us right? thanks!

the act law 2005 said driver license or renewal or any things including id should be served only to people who have valid documents from immigration i-94 i-765 showing bate of birth ,name identity or with pending adjustment of status i-485 but they dont accept it even the act law 2005 said is valid to get driver license. i-360 should be aproved defered action wish mean vawa i-360 .if u have a pending i-485 u can get driver license but the DDS or DMV Not accept all documents .only ask for ID green card or aproval of i-485 or any aproval letter from uscis or extension of i-751 remove condition .but every states have own request good luck .try to contact the GOVERNOR on ur states he may be can help u because DDS under his states law the senator will not involve him self on this issues . is not fair the systeme broken as a result lots of people accross the country suffer and back to there home town because most of undocumented immigrant give up .if someone got approved from those who just come here to hurt our feeling emotionally .we apreciate if we learn how u get there we are here to share the process and evidences submmited not only waiting someone to say approved today and start insulting his or her country is a shame truly.true is Great Country from the begining but not until got approval BY some folk .if someone got approved good luck the nightmare just start because the approval u got .cost about 3500 to be removed because of ur approval well celebrat while others crying blood and even the approval of i-360 will resul in revocal or appproved in error .the movie just begining how many.and everyone come here ligal but what hapened now including each of all of us on here happylly maried but the documents turn the spouse crazy and lost control then start the abuse against there lover to all of those great sweet heart suffer everyday because the systeme .hard working people in the shadow .385.000 removed last year .this year double waiting 5 years and hang on ,when ? how .its just lottery not about the evidences .just 1000 u visa a year no more even strong eveidence .

[kwala 3]

http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2007/Jan192007_01B9204.pdf

[kwala 3]

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals

IN RE: KODJOVI ELOLO EDOH, BENEFICIARY OF A VISA PETITION FILED BY KIMBERLY JAVONNE EDOH, PETITIONER

File: A098 329 548 – Atlanta, GA

December 22, 2009

IN VISA PETITION PROCEEDINGS

APPEAL

ON BEHALF OF PETITIONER: Pro se [FN1]

ON BEHALF OF DHS:

Toinette M. Mitchell

Office of the Chief Counsel

APPLICATION: Petition to classify status of alien relative for issuance of immigrant visa

In a decision dated July 24, 2009, the Field Office Director (“Director”) of the Department of Homeland Security (“DHS”) denied the visa petition filed by the United States citizen petitioner for the beneficiary as her husband. The petitioner appealed from that decision. The record will be remanded.

The record reflects that the petitioner and the beneficiary were married on May 30, 2008, and that the visa petition was filed on July 27, 2008.

In denying the petition in the July 2009 decision, the Director determined that the petitioner failed to respond adequately to the request for additional evidence set forth in a notice of intent to deny (“NOID”) dated May 13, 2009, and had not demonstrated a bona fide marital relationship with the beneficiary. In visa petition proceedings, the petitioner has the burden of establishing eligibility for the benefit sought. See Matter of Brantigan, 11 I&N Dec. 493 (BIA 1966). The petitioner must prove the required elements by a preponderance of the evidence. See Matter of Pazandeh, 19 I&N Dec. 884 (BIA 1989). Where the bona fides of a marriage are challenged, the petitioner must present documentary or testimonial evidence to show that the marriage was not entered into for the primary purpose of evading the immigration laws. See Matter of Phillis, 15 I&N Dec. 385 (BIA 1975).

The Director indicated that the NOID was issued following interviews conducted by the DHS with the parties on May 6, 2009. The NOID states that the “shared life documents” presented by the petitioner at the interviews “appear to lack credibility;” however, the NOID mentions only one specific document, a photocopy of a lease agreement with an effective date of July 1, 2008. The NOID notes that the lease agreement has the typewritten name of the beneficiary and another individual as residents but the handwritten name and initials of the petitioner. In addition, the NOID notes that the petitioner told the DHS interviewing officer that she did not have the original of the lease agreement with her on the interview date. The NOID further refers to a “contradiction” between information provided at the interviews and that provided on the petitioner’s Form G-325A biographic information sheet, since the parties claimed at the interviews that they moved to an apartment at 746 Garden Walk Boulevard in College Park, Georgia in June 2008, but the Form G-325A shows that the petitioner lived at 1404 Arthur Langford Place in Atlanta from February 2007 until July 18, 2008.

The May 13, 2009, NOID asked the petitioner to submit additional evidence within 33 days. The notice specified that such evidence could include, but was not limited to, proof that the beneficiary had been listed as the petitioner’s spouse on insurance policies, property leases, income tax forms, and testimony or other evidence regarding courtship, wedding ceremony, and shared residence and experiences, consistent with Matter of Phillis, supra. In the July 2009 decision, the Director observed that the petitioner’s response to the notice was received by the DHS on June 15, 2009. As the Director discussed, such response included affidavits from the parties and two other individuals; a photocopy of a lease agreement for the period from July 1, 2008, until June 30, 2009, listing the petitioner, beneficiary, and another individual as occupants and bearing the petitioner’s typewritten name; and joint utility bills dated between August 2008 and June 2009. In assessing the evidence, the Director accorded diminished probative value to bills dated subsequent to the NOID.

We find that a remand is necessary in this case. The NOID was issued in light of a discrepancy of one month concerning the date on which the petitioner moved to the parties’ latest claimed joint marital residence, when information given at her interview was compared with information listed on her Form G-325A. These variant dates possibly can be reconciled. For example, it is feasible that the petitioner may have been in the process of moving and transferring her belongings to the newer residence over a period of a few weeks. Further, the NOID references only one document brought by the parties to the interviews, the photocopied lease agreement. On appeal, the petitioner asserts that she submitted “joint bills” at the interviews, that such documents predated the NOID, and that she then had only limited bills in her name due to earlier credit problems. The May 2009 NOID and the July 2009 Director’s decision do not discuss consistent interview answers and information that the parties may have provided. The petitioner is entitled to have her explanations and evidence evaluated fully. The documentary evidence, while probative, is not voluminous, and the petitioner should be given the opportunity to submit further evidence. Such evidence may include joint financial documents, affidavits, and testimony spanning all the years of the parties’ marriage. See Lutwak v. United States, 344 U.S. 604 (1953); Matter of Phillis, supra; see also 8 C.F.R. § 204.2 (2009). The parties had been married less than a year as of the May 2009 dates of the interviews and the NOID. The couple now will have been married more than six months longer and will have had a somewhat more substantial period within which to accumulate evidence, although their marriage still is of relatively short duration. On remand, both the petitioner and the DHS may submit any and all available relevant evidence.

ORDER: The record is remanded to the DHS for further consideration and for the issuance of a new decision, consistent with this opinion.

[kwala 3]

hi Manu read this .

Upon review of the entire record of proceeding, the AAO agrees with the director's determination

that the petitioner has failed to establish that he was abused by J-M-. As no allegations of battery

have been made, the petitioner must establish that he was subjected to extreme cruelty by J-M-. As

noted by the court in Hernandez v. Ashcroft, 345 F.3d 824 (9'h Cir. 2004), because Congress "required

a showing of extreme cruelty in order to ensure that [a petitioner is] protected against the extreme

concept of domestic violence, rather than mere unkindness," not "every insult or unhealthy interaction

in a relationship rises to the level of domestic violence. . . ." The petitioner has failed to establish that

J-M-'s actions rose to the level of the acts described in the regulation at 8 C.F.R. 8 204.2©,

which include forceful detention, psychological or sexual abuse or exploitation, rape, molestation,

incest, or forced prostitution. Nor has the petitioner established that J-M-'s non-physical behavior

was accompanied by any coercive actions or threats of harm, or that her actions were aimed at

insuring dominance or control over the petitioner. He has failed to overcome the director's

concerns regarding the issue of battery and/or extreme cruelty. The petitioner has failed to establish

that his ex-wife subjected him to battery or extreme cruelty during their marriage, as required by

section 204(a) of the Act.

Edited April 5, 2010 by bensherif

[kwala 3]

hi EWTN ,

you should file new i-360 and withdrawn the first one its free .

[Manu 1]

hi Ben

Send me your e-mail id or phone numer, Else contact me on Purimanav@gmail.com

[zainab786 1]

Just a quick question,

Can I file for vawa after divorce? My husband has filed the petition so obviously its must not be related to domestic violence, I knew nothing about his filing and also I am afraid that he will do my fake sign in papers as papers are not served to me.

What are the options for me?

[Manu 1]

yes , you can file for VAWA after divorce.

if your husband has filed for divorce. it must be on irreconcilliable difference. But remeber if you are planning to file for VAWA. ACT NOW, you should file for divorce under domestic abuse if you are not from california. it will help you getting the approval fast on VAWA.

for filling under domestic violance you will have to writ a self statement stating three different reasons why your marriage was turning iolent & then you & your husband should sign the statement and file for divorce. if he signs it you will through vawa in six months or if he contest the divorce you have to fight in court which may take time but eventually getting divorce on grounds of domestic violence will be like getting a sure shot approval on vawa.