VAWA denial,divorce and marriage

[Alla 3]

I hope you will find some time to read my post and help me!

I came to US on student visa and later got married in 2006. I didn't apply for AOS (my husband was giving me many reasons to delay and didn't like any attorney). After one year living together he started biting and abusing me as he started drugs. In august 2007 I left him. After I escaped from my husband in November 2007 I met a guy,we were friends for 4 months, then started dating and in 1,5 year we got engaged. In September 2008 I filed for a VAWA as I didn't have money to file before. In October 2009 my VAWA got denied as not enough evidence. When I left my husband I took the most important stuff and he cleared my name from all bills,accounts, as he was primary. All pictures and evidences were left at home.

I recently filed for a divorce from my first marriage. I really love my fiance and we want to get married and adjust my status.

The problem is that my VAWA denial,divorce and marriage are all in about same time.

I know it looks very suspicious but what are my chances to get denial from AOS through second marriage?

We can provide all evidence that USCIS needs and all relatives and friends can testify that it is real marriage.

Should I hire an attorney?

Please help me with advise ! Thank you!

[EWTN2009 0]

Dear Alla,

The most important thing is you have someone who loves you and supports you now!!!!!!!!!! Obviously you gotta get your divorce decree before you get married again. Once you get married your husband will be your new sponsor and I think you won't have any problem filing your AOS because the previous cases are already closed; like you said your marriage is REAL and both of you could prove it, so I really don't think it would be a problem. BUT MY ONLY CONCERN IS ------- > Have you been notified that you are in proceedings now because your I-360 was denied ? Because if you have a notice of appeal in your way, not even getting married again your AOS will be approved. if so, I would definitely hire a lawyer.

Please find out if you have been called in a hearing after your denial since you've been out of status all this time. It's better to know your options before going ahead with any further step!!!!

God bless you,

EWTN

I hope you will find some time to read my post and help me!

I came to US on student visa and later got married in 2006. I didn't apply for AOS (my husband was giving me many reasons to delay and didn't like any attorney). After one year living together he started biting and abusing me as he started drugs. In august 2007 I left him. After I escaped from my husband in November 2007 I met a guy,we were friends for 4 months, then started dating and in 1,5 year we got engaged. In September 2008 I filed for a VAWA as I didn't have money to file before. In October 2009 my VAWA got denied as not enough evidence. When I left my husband I took the most important stuff and he cleared my name from all bills,accounts, as he was primary. All pictures and evidences were left at home.

I recently filed for a divorce from my first marriage. I really love my fiance and we want to get married and adjust my status.

The problem is that my VAWA denial,divorce and marriage are all in about same time.

I know it looks very suspicious but what are my chances to get denial from AOS through second marriage?

We can provide all evidence that USCIS needs and all relatives and friends can testify that it is real marriage.

Should I hire an attorney?

Please help me with advise ! Thank you!

[lostinNJ 3]

I hope you will find some time to read my post and help me!

I came to US on student visa and later got married in 2006. I didn't apply for AOS (my husband was giving me many reasons to delay and didn't like any attorney). After one year living together he started biting and abusing me as he started drugs. In august 2007 I left him. After I escaped from my husband in November 2007 I met a guy,we were friends for 4 months, then started dating and in 1,5 year we got engaged. In September 2008 I filed for a VAWA as I didn't have money to file before. In October 2009 my VAWA got denied as not enough evidence. When I left my husband I took the most important stuff and he cleared my name from all bills,accounts, as he was primary. All pictures and evidences were left at home.

I recently filed for a divorce from my first marriage. I really love my fiance and we want to get married and adjust my status.

The problem is that my VAWA denial,divorce and marriage are all in about same time.

I know it looks very suspicious but what are my chances to get denial from AOS through second marriage?

We can provide all evidence that USCIS needs and all relatives and friends can testify that it is real marriage.

Should I hire an attorney?

Please help me with advise ! Thank you!

Hi Alla,

Good evening and sorry about your situation and congrats on you new engagement. I don't see any problems getting approved for your new I-130 petition for alien relative spouse, however, be sure you may have problems at the AOS interview, as it would look suspicious on USCIS point of view. It is up to you to convince USCIS that your marriage is genuine and bona-fide. You will have to gather as much evidence as possible to prove the validity of your marriage and show that it was not entered for the sole purpose of gaining any immigration benefit. Be prepared for a tough interview, also you and your soon to be spouse should prepare to be interviewed separately, meaning every answer you and your spouse give "MUST" match up. If you can get through this, there's no reason to get an attorney. I wish you all the best.

[Alla 3]

BUT MY ONLY CONCERN IS ------- > Have you been notified that you are in proceedings now because your I-360 was denied ? Because if you have a notice of appeal in your way, not even getting married again your AOS will be approved. if so, I would definitely hire a lawyer.

Please find out if you have been called in a hearing after your denial since you've been out of status all this time. It's better to know your options before going ahead with any further step!!!!

I have a lawyer for VAWA. And she said that she will ask them to reopen my case and send some RFE because she thinks my VAWA should be approved.

I haven't been notified that I am in proceedings.

I'm sorry I didn't understand it:

"Because if you have a notice of appeal in your way, not even getting married again your AOS will be approved."

LostinNJ, thank you for your answer and support also.

[EWTN2009 0]

What I meant is: IF you're in proceddings (if you have a deportation order = proceedings) and get married without knowing it, your AOS is not valid... Don't get me wrong! I'm happy that you're able to have a happy life now with your fiance ! but PLEASE make sure that you're NOT in proceedings... A friend of mine had a deportation order (and she didn't know, not because VAWA, it was for denial politican asylum), she got married and when they applied for her AOS, it was denied and they sent her back home because the proceeding.... I'm just trying to give you an advice, nothing else. I hope you could understand my point

Have a good day....EWTN

BUT MY ONLY CONCERN IS ------- > Have you been notified that you are in proceedings now because your I-360 was denied ? Because if you have a notice of appeal in your way, not even getting married again your AOS will be approved. if so, I would definitely hire a lawyer.

Please find out if you have been called in a hearing after your denial since you've been out of status all this time. It's better to know your options before going ahead with any further step!!!!

I have a lawyer for VAWA. And she said that she will ask them to reopen my case and send some RFE because she thinks my VAWA should be approved.

I haven't been notified that I am in proceedings.

I'm sorry I didn't understand it:

"Because if you have a notice of appeal in your way, not even getting married again your AOS will be approved."

LostinNJ, thank you for your answer and support also.

[Alla 3]

What I meant is: IF you're in proceddings (if you have a deportation order = proceedings) and get married without knowing it, your AOS is not valid... Don't get me wrong! I'm happy that you're able to have a happy life now with your fiance ! but PLEASE make sure that you're NOT in proceedings... A friend of mine had a deportation order (and she didn't know, not because VAWA, it was for denial politican asylum), she got married and when they applied for her AOS, it was denied and they sent her back home because the proceeding.... I'm just trying to give you an advice, nothing else. I hope you could understand my point

Have a good day....EWTN

Oh okay. Thank you for letting me know, I just didn't understand from your first post.

I am sure I am not in proceeding now. I am waiting for my divorce.

Do you know how can I check in the future if I am in removal?

Appreciate your help, EWTN!

[Yahya54 4]

Have a good day....EWTN

Oh okay. Thank you for letting me know, I just didn't understand from your first post.

I am sure I am not in proceeding now. I am waiting for my divorce.

Do you know how can I check in the future if I am in removal?

Appreciate your help, EWTN!

do you have A# if so just call the court system18008987180 and they ask for the A# and you can findout if you have proceeding

i hop its help

[Alla 3]

do you have A# if so just call the court system18008987180 and they ask for the A# and you can findout if you have proceeding

i hop its help

Thanks,Yahya but I don't have it (as students usually are not subjects to residence ).

I found out that I will be served if they will put me in removal. Also I will have a chance to appear in front of the judge.

[eb1009 0]

BUT MY ONLY CONCERN IS ------- > Have you been notified that you are in proceedings now because your I-360 was denied ? Because if you have a notice of appeal in your way, not even getting married again your AOS will be approved. if so, I would definitely hire a lawyer.

Please find out if you have been called in a hearing after your denial since you've been out of status all this time. It's better to know your options before going ahead with any further step!!!!

I have a lawyer for VAWA. And she said that she will ask them to reopen my case and send some RFE because she thinks my VAWA should be approved.

I haven't been notified that I am in proceedings.

I'm sorry I didn't understand it:

"Because if you have a notice of appeal in your way, not even getting married again your AOS will be approved."

LostinNJ, thank you for your answer and support also.

This is my first time posting and I really appreciate everyone's postings and shared experiences. So, I would like to contribute by saying that before you file I360 again, it says in the USCIS website about the eligibility requirements for I360 form that you can be divorced up to 2 yrs and still file vawa, but if after your divorce and you get married to someone else while your I360 is pending, then I360 will be considered invalid. So if you decide to appeal to the denial, you need to stay single if you want to go through the process again. Also, my boyfriend came here on f1 visa, but like you, his visa expired and from the lawyer we consulted told us that with f1 visa is different in that, even if it is expired, you are still considered maintaining lawful presence (i.e. no deportation proceedings), as long as you can prove that you came to this country legally (have your F1 visa on your passport, I-20 from the school). It's different than K1 or K3 visa because those require sponsorship. So AOS shouldn't be a problem if you do get married (but not have a pending I360).

There are other postings you might want to search in the Visa Journey site that talks about expired f1 visas and getting married. Glad you found someone and since you know you will get married, I would wait to get married so it all doesn't happen at once, as your concerns indicated. But that has many implications like not being able to work, etc. Not to burst anyone's bubbles but it's hard to find a job these days anyway, even if you are eligible to work. Anyway, you may want to double check on my info though as I am not a lawyer. Good luck.

[Kim_G 4]

I hope you will find some time to read my post and help me!

I came to US on student visa and later got married in 2006. I didn't apply for AOS (my husband was giving me many reasons to delay and didn't like any attorney). After one year living together he started biting and abusing me as he started drugs. In august 2007 I left him. After I escaped from my husband in November 2007 I met a guy,we were friends for 4 months, then started dating and in 1,5 year we got engaged. In September 2008 I filed for a VAWA as I didn't have money to file before. In October 2009 my VAWA got denied as not enough evidence. When I left my husband I took the most important stuff and he cleared my name from all bills,accounts, as he was primary. All pictures and evidences were left at home.

I recently filed for a divorce from my first marriage. I really love my fiance and we want to get married and adjust my status.

The problem is that my VAWA denial,divorce and marriage are all in about same time.

I know it looks very suspicious but what are my chances to get denial from AOS through second marriage?

We can provide all evidence that USCIS needs and all relatives and friends can testify that it is real marriage.

Should I hire an attorney?

Please help me with advise ! Thank you!

The only implication that is evident is that once VAWA is denied, USCIS can start removal processings against the alien (I assume that VAWA was the basis of AOS application in this case). If one gets married while they are in removal proceedings, they will need to show substantial proof of bona fide marriage (marriage in good faith). That is because USCIS considers a priori that marriage is not bona fide if it occurs during alien's removal proceedings. All you will have to do is convince them otherwise.

Proof of bona fide marriage includes: (1) utility bills issued in both your names (2)residential lease, insurance paperwork bearing both names (3) pictures of the wedding (4) affidavits from friends and neighbors (5) commingling of financial resources -joint checking account, photocopies of cashed checks, bank statements etc (6) birth certificate of a child (children) born in the marriage. The more documents you present, the more convinced the Service will be.

You do NOT need an attorney unless you want to waste your money

Edited November 3, 2009 by Kim_G

[Alla 3]

eb1009, thank you for support and an answer!

Kim G thank you for the answer also. Some people say that marriage after removal won't do anything.

My lawyer (VAWA) filling a motion to reopen right now. It says I have 33 days to appeal. I don't know how long it will take (I found on one website 6-36 months).

I don't want to hire a lawyer. I am very unlucky in picking them and broke:(

[justashooter 430]

most abuse victims do not hook up again for years. they can't. it's just not possible for them do do it. they need time to sort out their fears and identify them as specific to one person. sometimes they need even more time than that.

[Alla 3]

most abuse victims do not hook up again for years. they can't. it's just not possible for them do do it. they need time to sort out their fears and identify them as specific to one person. sometimes they need even more time than that.

3 years was enough for me

Edited November 3, 2009 by Alla

[Kim_G 4]

eb1009, thank you for support and an answer!

Kim G thank you for the answer also. Some people say that marriage after removal won't do anything.

My lawyer (VAWA) filling a motion to reopen right now. It says I have 33 days to appeal. I don't know how long it will take (I found on one website 6-36 months).

I don't want to hire a lawyer. I am very unlucky in picking them and broke:(

Filing a motion to reopen/reconsider is costly, but the advantage is that while it is being considered, you will not be removed. You cannot work legally though during this time.

If you want to stay in the country with a loved one, you should get married and have your spouse file a family petition. I would not rely on a successful appeal, as it happens very rarely, just look up the statistics off USCIS website. Filing an appeal gives you extra time, but that's about it. I would look at it as a temporary solution to your problem.

[Yahya54 4]

dear kim j

so how long ypur vawa takes to approve?