AM I THE ONLY MALE I-360 VAWA VICTIM HERE, PLS HELP ME!!!

[YoungTurk 1]

Hi everyone! Here is my situation:

November 2006 I got married to U.S.Military member who works in overseas.

December 2006 We filed I-130, I-485, I-765

April 2007 She cheated on me and got pregnant from someone else during her service.

September 2007 I went to AOS interview with my lawyer and postponed until unknown date.

January 2008 She had her baby.

January 2009 I filed I-360 VAWA

January 2009 I got approved for Prima Facie.

February 2009 She withdrew I-130 and I-485 denied.

February 2009 I got Notice of Decision from USCIS

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NOTICE OF DECISION

This notice is reference to your Application to Register Permanent Residence or Adjust Status, (Form I-485), filed on December, 2006, pursuant to Section 245 of the Immigration and Nationality Act, as amended.

The record reflects that on September 22, 2007, your petitioner, withdrew the petition for alien relative that she filed in your behalf.

Title 8, Code of Federal Regulations, Part 103.2(B)(6) states:

"6) Withdrawal. An applicant or petitioner may withdraw an application or petition at

any time until a decision is issued by the Service...However, a withdrawal may

not be retracted."

Title 8, Code of Federal Regulations, Part 103.2(B)(15) states:

"(15) Effect of withdrawal or denial due to abandonment. The Service's

acknowledgment of a withdrawal may not be appealed. A denial due to

abandonment may not be appealed, but an applicant or petitioner may file a motion

to reopen under part 103.5 Withdrawal or denial due to abandonment does not

preclude the filling of a new application or petition with a new fee..."

Your application is hereby denied. Pursuant to Title 8, Code of Federal Regulations, Part 103.2(B)(15), Service's acknowledgment of a withdrawal may not be appealed. This does not preclude the filling of a new application with the proper fees.

If you fail to depart from the United States, proceedings will be instituted to enforce your departure. You may renew your application for status as a permanent resident during such proceedings.

This completes all action by the Service on your application.

Sincerely,

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So I got infopass for March 2, 2009 I will go to local USCIS office and tell them that I filed I-360 VAWA. So what do you guys would suggest me to do at this time? Do you guys think that they can come and deport me before my I-360 gets adjudicated???

[maya62 7]

Sorry to hear about your predicament... I have a couple of questions:

There was no action on your I-485 from the time of your AOS interview in Sept 2007 until the denial notice this month?? That is over 2 years! What was your lawyer doing?

What does your lawyer say about your current status and the letter you just posted?

Seems to me (and I don't know for sure...) that going to an INFOPASS appointment at this juncture would be walking into deportation...

I think you need a COMPETENT immigration attorney right away...

Best of luck,

Maya

[GiGii 4]

There was no action on your I-485 from the time of your AOS interview in Sept 2007 until the denial notice this month?? That is over 2 years! What was your lawyer doing?

There was action, he had an AOS interview, that he postponed. He postponed it so long, that he gave the USC enough time to withdrawl support.

If you knew she cheated, didnt want to be with her, why did you sit & wait for so long?

[Chica Yeyé 41]

You did wait too long to move forward with what you had to do; and she removed her Support: which is her right to do.

Sorry to hear about your situation; but you should have been much more on top of things.

[lostinNJ 3]

You did wait too long to move forward with what you had to do; and she removed her Support: which is her right to do.

Sorry to hear about your situation; but you should have been much more on top of things.

Hi, I am a male and I applied for VAWA February 2008. Some advise, I don't suggest you go to the info pass, you're not in status and from what I've read, there's no petition pending for you at this time since it's been withdrew by your wife, you're pretty much setting yourself up for deportation, you need to speak with a qualified immigration attorney asap. Next question, what was/is your basis (Claim) for filing I-360? You did not mention anything about abuse (physical/emotional), and I don't mean to make any judgements upon you but I can say if your claim is about your wife cheating and having a baby, it will not work, you need something solid, but who knows, best of luck and sorry to hear about your situation.

[andera 0]

hi anyone here filed i360 battered sopuse resently. how long does it take to hear from vermont i have seen people that post ther heard back in tow days i live in florida nad it has been therr weeks help

[justashooter 430]

if she is still in service there is the issue of the military code of conduct.

an article of the Uniform Code of Military Justice, found in the United States Code, Title 10, Chapter 47, Sub Chapter X, Article 134 is often used for general misconduct disorders. adultery and bearing the child of a non-spouse are among the behaviours suitable for the charge. Article 133 is appropriate if she is a commissioned officer. if she is already out, there is not much you can do thru this route in a practical sense, though her benefits are up for grabs if so and found (Article 2).

[JimVaPhuong 4,863]

if she is still in service there is the issue of the military code of conduct.

an article of the Uniform Code of Military Justice, found in the United States Code, Title 10, Chapter 47, Sub Chapter X, Article 134 is often used for general misconduct disorders. adultery and bearing the child of a non-spouse are among the behaviours suitable for the charge. Article 133 is appropriate if she is a commissioned officer. if she is already out, there is not much you can do thru this route in a practical sense, though her benefits are up for grabs if so and found (Article 2).

Ummm.... The OP's thread is more than a year old. This zombie was resurrected by the poster directly above yours.

hi anyone here filed i360 battered sopuse resently. how long does it take to hear from vermont i have seen people that post ther heard back in tow days i live in florida nad it has been therr weeks help

Two days seems pretty darn fast. That's barely enough time for the petition to get to USCIS. Did you use any sort of delivery tracking so that you could confirm whether it was delivered?