VAWA denial,divorce and marriage

[Kim_G 4]

It took a year and a half including a delay in processing due to RFEs

[Kim_G 4]

dear kim j

so how long ypur vawa takes to approve?

A year and a half including delay in processing due to RFEs

[Alla 3]

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.

Thank you for the advice. We are planning on getting married in a month and filling through family. May be you know when should I withdraw my appeal ?

My lawyer told me appeal won't cost me anything. That's why I agreed.

[Kim_G 4]

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.

Thank you for the advice. We are planning on getting married in a month and filling through family. May be you know when should I withdraw my appeal ?

My lawyer told me appeal won't cost me anything. That's why I agreed.

Alla,

If your lawyer is not charging you for handling the appeal, you may as well let him/her follow through with it. Should you decide to withdraw the appeal, just send a letter to administrative appeals office and let them know you don't want to pursue it anymore. I would say, just to be on the safe side, do not do anything until your husband files an immigration petition and you file your I-485.

I wish you best of luck! Have lots of patience!

[Yahya54 4]

hey kim _g can you share with us what type of evidenc did send for your vawa ...? and after how the take action on your pitition ... did send any letter to VSC

im just kinda worry no word on my vawa yet since i filed it. its been 1 year .... one prima facie .

thank you in advance

[Kim_G 4]

hey kim _g can you share with us what type of evidenc did send for your vawa ...? and after how the take action on your pitition ... did send any letter to VSC

im just kinda worry no word on my vawa yet since i filed it. its been 1 year .... one prima facie .

thank you in advance

Sure, you have to ask specifically what type of evidence you're interested in - residence. good faith marriage ...etc? Waiting can be pretty exhausting, i can totally understand you. What you can do first is check whether your case is withing normal processing time or not, that's something USCIS website would have. Now, if your case has been pending for too long, the best thing to do is call customer service and tell them that you want to request electronically a status update on your case. That way, VSC will send you something faster. With my case, I didn't hear anything for a long time (about a year), then I noticed that my case was beyond normal processing time posted on their website, so i called and within the next 10 days, VSC sent me something in the mail (it was an RFE though, but still...)

I'm sure you will be getting something from VSC soon if it has been a year already!

[tweety25 0]

Hi

i need some help .

i have married my husbund in april 2007 and i divorce july 2008

i have moved with him in january 2007 and i left the house in nov 2007 .he abused me many times in all ways but i ve never called the police and i never went to talk to the police or doctors . i lost the green card interview and after one year i ve received deportation .

I have filed for an I 360 ON DEC 2008 GOT THE PRIMA FACIE FOR 180 DAYS AND I VE NEVER EXTEND IT

ON FEB 2009 I GOT MY WORK AUTORIZATION ALSO FOR A YEAR .

I ALSO SUBMIT THE PAPERS FOR GREEN CARD I485 AND I GOT ALL THE RECEIPTS.

nOW AFTER A YEAR THEY ASKING ME FOR MORE EVIDENCE ( FEB 7 2010) AND THEY SAID THAT MY ISSUES ARE MARITAL PROBLEMS NOT ABUSE . I HAVE AFFID. FROM ALL MY FRIEND WHAT I TOLD THEM AND 1 FRIEND WITNESS BUT NOT EYE WITNESS SOME THINGS THAT HAPPEND BETWEEN ME AND HIM .

AT THIS POINT I M DESPERATE AND THE ONLY THING THAT I HAVE IS A VIDEO WITCH I FOUND AND COPY WHEN I WAS IN HIS HOUSE AND ITS A VIDEO WITH ME I WAS FOLLOWED AND THERE IS A DATE AND TIME ON IT AND DURING THE VIDEO .

I DONT KNOW WHAT TO DO !!!! SHOULD I SUMBIT THAT VIDEO ??

PLEASE I NEED ANY TYPE OF HELP .

I HAVENT SEEN ANY SHELTER ANY POLICE AND I DONT KNOW WHAT SHOULD I DO NOW I M STILL SCARED OF HIM AND I STILL CANNOT BE WITH ANYONE .

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.

[Yahya54 4]

' dear tweety25'

relax and dont panic its normal to get RFE most of people get it ...........now what type RFE they send you..... for abuse or good faith marrige. and what that video

i need some more info

some ppl get approved with out police report you need to seek an attorney ASAP and he will help

good luck

[TBoneTX 45,289]

some ppl get approved with out police report you need to seek an attorney ASAP and he will help

She's in deportation proceedings. See her other thread with this same message.

[3600rs 24]

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

If the OP is denied then what could come next is a removal hearing NOT a final deportation order. Removal hearings take long. What you say above does not apply to the OP.

Actually the judge can approve a new AOS if found bonafide in the removal process. There is a huge difference between deportation order and in process of removal.

[Alla 3]

My attorney said I am not in removal. I have never received anything in the mail regarding removal from USCIS and she either.

Thanks,3600rs

[TracyTN 237]

I'm not sure why you're seeking advice from a message board when you have an attorney. All we can do is provide best guesses without understanding/knowing the full scope of the situation (or seeing all documents that you've received from USCIS). Do what the attorney suggests. Or are you doubting the attorney's advice for some reason?

[Alla 3]

I had an attorney before (for VAWA) but now I am doing everything myself. She said she never received VAWA RFE that's why I got denial.

I had another attorney for divorce and he just left for vacations for a month. I don't trust them anymore. It is just waste of money and time.

[TracyTN 237]

There are just a lot of 'what ifs' in this situation that would make me very hesitant to go this alone. How did you find your first immigration attorney? Did you go through AILA's website or?

Edited January 14, 2010 by TracyTN

[Alla 3]

Through advertisement in newspaper. I had so much problems with attorneys. It can cause me deportation... her stupidity.

I educated myself a lot,I will try to go through this alone (this forum helps a lot).