abusive spouse

[JimVaPhuong 4,863]

Ashley - it IS possible to file your AOS yourself, but you must be able to PROVE UP THE ABUSE.

When you find some people (legal or otherwise ) to help you, have them read through this -

http://www.uscis.gov/err/B9%20-%20Battered...009_02B9204.pdf

It's pertinent to your situation, straight from the Government's pen.

Careful of your advice. Filinig abuse is something that requires valid evidence like police reports. You cannot just walk into an AOS appointment and tell them a story because that proves nothing. That is her word against his and means nothing in a court of law. To prove abuse means you actually have to have some paperwork from the law. If he raped her then she should have called the police on him and if she didn't, then her story will hold no validity to the them.

Agreed, although Darnell did say that proof would be needed, and suggested OP find someone to help her.

But, if someone is going to cite the transcripts of a particular case in an effort to help someone, they should cite a case that was SUCCESSFUL. The immigrant filing the petition in the case cited above LOST, and their application was DENIED. The transcript is for an appeal of that denial, and the appeal was dismissed, meaning the denial was upheld.

[Rings 10]

Ashley - it IS possible to file your AOS yourself, but you must be able to PROVE UP THE ABUSE.

When you find some people (legal or otherwise ) to help you, have them read through this -

http://www.uscis.gov/err/B9%20-%20Battered...009_02B9204.pdf

It's pertinent to your situation, straight from the Government's pen.

Careful of your advice. Filinig abuse is something that requires valid evidence like police reports. You cannot just walk into an AOS appointment and tell them a story because that proves nothing. That is her word against his and means nothing in a court of law. To prove abuse means you actually have to have some paperwork from the law. If he raped her then she should have called the police on him and if she didn't, then her story will hold no validity to the them.

Agreed, although Darnell did say that proof would be needed, and suggested OP find someone to help her.

But, if someone is going to cite the transcripts of a particular case in an effort to help someone, they should cite a case that was SUCCESSFUL. The immigrant filing the petition in the case cited above LOST, and their application was DENIED. The transcript is for an appeal of that denial, and the appeal was dismissed, meaning the denial was upheld.

Indeed. It's never good to offer the advice of a failed case. I agree whole heartedly

[Darnell 8,478]

Ashley - it IS possible to file your AOS yourself, but you must be able to PROVE UP THE ABUSE.

When you find some people (legal or otherwise ) to help you, have them read through this -

http://www.uscis.gov/err/B9%20-%20Battered...009_02B9204.pdf

It's pertinent to your situation, straight from the Government's pen.

Careful of your advice. Filinig abuse is something that requires valid evidence like police reports. You cannot just walk into an AOS appointment and tell them a story because that proves nothing. That is her word against his and means nothing in a court of law. To prove abuse means you actually have to have some paperwork from the law. If he raped her then she should have called the police on him and if she didn't, then her story will hold no validity to the them.

Sorry, I guess I left that out, assuming the phrase 'PROVE UP THE ABUSE' to be understood.

Thanks for pointing out the evidentiary process, though - I hope she'll read your words and talk to the police. There are other NPO's out there to assist her, as well.

The example I gave in that big pdf file was an 'opposite case' where the abused spouse was NOT able to prove up her case, and the AOS based on spousal abuse was not only denied, but denied on appeal. I hope she has a chance to read it, and understand , from reading, what the USCIS wants as proof. I offerred up a 'negative case' solely because the evidentiary process was described, in big detail there (ie - you don't have this, you don't have that, etc etc ).

Edited October 3, 2009 by Darnell

[JimVaPhuong 4,863]

Ashley - it IS possible to file your AOS yourself, but you must be able to PROVE UP THE ABUSE.

When you find some people (legal or otherwise ) to help you, have them read through this -

http://www.uscis.gov/err/B9%20-%20Battered...009_02B9204.pdf

It's pertinent to your situation, straight from the Government's pen.

Careful of your advice. Filinig abuse is something that requires valid evidence like police reports. You cannot just walk into an AOS appointment and tell them a story because that proves nothing. That is her word against his and means nothing in a court of law. To prove abuse means you actually have to have some paperwork from the law. If he raped her then she should have called the police on him and if she didn't, then her story will hold no validity to the them.

Sorry, I guess I left that out, assuming the phrase 'PROVE UP THE ABUSE' to be understood.

Thanks for pointing out the evidentiary process, though - I hope she'll read your words and talk to the police. There are other NPO's out there to assist her, as well.

The example I gave in that big pdf file was an 'opposite case' where the abused spouse was NOT able to prove up her case, and the AOS based on spousal abuse was not only denied, but denied on appeal. I hope she has a chance to read it, and understand , from reading, what the USCIS wants as proof. I offerred up a 'negative case' solely because the evidentiary process was described, in big detail there (ie - you don't have this, you don't have that, etc etc ).

Ah, I see your point. Very good, then!

[ashleyblack 0]

Ashley - it IS possible to file your AOS yourself, but you must be able to PROVE UP THE ABUSE.

When you find some people (legal or otherwise ) to help you, have them read through this -

http://www.uscis.gov/err/B9%20-%20Battered...009_02B9204.pdf

It's pertinent to your situation, straight from the Government's pen.

Careful of your advice. Filinig abuse is something that requires valid evidence like police reports. You cannot just walk into an AOS appointment and tell them a story because that proves nothing. That is her word against his and means nothing in a court of law. To prove abuse means you actually have to have some paperwork from the law. If he raped her then she should have called the police on him and if she didn't, then her story will hold no validity to the them.

Sorry, I guess I left that out, assuming the phrase 'PROVE UP THE ABUSE' to be understood.

Thanks for pointing out the evidentiary process, though - I hope she'll read your words and talk to the police. There are other NPO's out there to assist her, as well.

The example I gave in that big pdf file was an 'opposite case' where the abused spouse was NOT able to prove up her case, and the AOS based on spousal abuse was not only denied, but denied on appeal. I hope she has a chance to read it, and understand , from reading, what the USCIS wants as proof. I offerred up a 'negative case' solely because the evidentiary process was described, in big detail there (ie - you don't have this, you don't have that, etc etc ).

Ah, I see your point. Very good, then!

Thank you for advise .

Im working on it now .. I hope its gonna be ok..

I will post as soon as I can next time ..

[TracyTN 237]

I think you've received sound advice here. If you feel you need an immigration attorney, find Catholic Charities near you. They should be able to assist.

[ashleyblack 0]

Ashley - it IS possible to file your AOS yourself, but you must be able to PROVE UP THE ABUSE.

When you find some people (legal or otherwise ) to help you, have them read through this -

http://www.uscis.gov/err/B9%20-%20Battered...009_02B9204.pdf

It's pertinent to your situation, straight from the Government's pen.

Careful of your advice. Filinig abuse is something that requires valid evidence like police reports. You cannot just walk into an AOS appointment and tell them a story because that proves nothing. That is her word against his and means nothing in a court of law. To prove abuse means you actually have to have some paperwork from the law. If he raped her then she should have called the police on him and if she didn't, then her story will hold no validity to the them.

hi ,

Lately I called police and have the report them and they said they will call me as my case filed.Now, Im still waiting .what im going to do now Do I need to call them or I will wait police call me to know that my case has been file so I can request a police report?

I have called Immi.court of law and they sent me email that Im on thier waiting list,also they said I am eligible to file the domestic violence,and they attached the list of immi.lawyer should I call one of them or I can file I-360 myself?as I can gather all evidences?

[bisdak 0]

when i was browsing here and the title of your situation caught my attention,so open and read your story, we have almost the same situation too but the difference of mine is that i stick with my husband up to now and i researched online about attitude of abusive/controlling husband, and now i change my strategy or shall i say i'm using reverse phsycology and it's working. i've been through a lot in my married life since i arrived here too. i have pre-nuptial also bi caught him once doing something online too like yours like porn site. and it took long for him to file my papers, and now we are going to celebrate our 2nd anniversary very soon. it's just a matter of faith and patience sometimes since we have different cultures. if your strong enough to face the trials in ur married life and also you have to keep reading things and stuff to educate you in many things to keepabreast of what's going, so the other party will not look u down nor underestimate you as a wife from diffrent country cause having a husband with a different culture is a big part of adjustment period in our lives. i just hope everything on your part will turn ok soon.

take care of yourself.

[sachinky 465]

I am curious. How did you and your husband meet? Where did you meet and how long did you know each other before getting married?

Sorry, I have nothing helpful to add. But I do hope everything works out well for you. Good luck! Let us know how it goes.