VAWA self-petition

[Kim_G 4]

Hello,

I got approve on the I-360, after that i apply for my permit to work, i got it too. but my lawyer says i am no elegible to apply for my green card now because my ex-husband is aresident alien. what i can do?

Wait until a visa number becomes available for you, or find out if he naturalized since you separated that way you are eligible to adjust status immediately.

[chaochen 0]

Hello Kim_G pls help me,

I just filed for I - 360 with my lawer. After reading many posts here i have realized that i dont have as many evidence as required. I trusted to my lawer but it seems he doesnt know much about VAWA so far.

Here is my story : I ve been dating my husband for less than a year, we fell in love and got married. We ve never been living together, usually stayed at the friends house from time to time, caz their house is pretty huge. While saving money, we were planning to buy our own house right after our marriage. I didnt know anything about any paper work and what kinda docs do we need to have for my GC caz i wasnt in a rush , since i m here as an F1 student. All in All , right after our marriage , he totally changed, i found out that he is using drugs and was not honest in many aspects. A month later we got into argument where he hit me, saying that he gonna kill me ect, I got scared and called a police, caz he was totally on drugs. Police took a pic of me and my damages, they told me to get a Restraing order, which court gave me for 2 years. I ve got a lawer for a divorce as well as immigration one, caz i didnt know what should i do in this case. We already filed for a divorce...My lawer said that there is VAWA etc ... basically i ve got all evidence of physical and mental abuse... but after reading all posts here i ve noticed that we actually had to live together, i have no any lease or bank statement caz i d never think that such a disaster will happen in my life.... but i ve sent our marriage certificate, pics and a letter from our mutual friend where we kinda lived, stayed together, who is a witness of all our dating and marriage life. Wot do u think will happen with my case? and How long should i wait for my work permit after i filed? Thank u in advance

[crissy55 1]

Hello Kim_G pls help me,

I just filed for I - 360 with my lawer. After reading many posts here i have realized that i dont have as many evidence as required. I trusted to my lawer but it seems he doesnt know much about VAWA so far.

Here is my story : I ve been dating my husband for less than a year, we fell in love and got married. We ve never been living together, usually stayed at the friends house from time to time, caz their house is pretty huge. While saving money, we were planning to buy our own house right after our marriage. I didnt know anything about any paper work and what kinda docs do we need to have for my GC caz i wasnt in a rush , since i m here as an F1 student. All in All , right after our marriage , he totally changed, i found out that he is using drugs and was not honest in many aspects. A month later we got into argument where he hit me, saying that he gonna kill me ect, I got scared and called a police, caz he was totally on drugs. Police took a pic of me and my damages, they told me to get a Restraing order, which court gave me for 2 years. I ve got a lawer for a divorce as well as immigration one, caz i didnt know what should i do in this case. We already filed for a divorce...My lawer said that there is VAWA etc ... basically i ve got all evidence of physical and mental abuse... but after reading all posts here i ve noticed that we actually had to live together, i have no any lease or bank statement caz i d never think that such a disaster will happen in my life.... but i ve sent our marriage certificate, pics and a letter from our mutual friend where we kinda lived, stayed together, who is a witness of all our dating and marriage life. Wot do u think will happen with my case? and How long should i wait for my work permit after i filed? Thank u in advance

You kinda of have a solid case about the abuse, may need to deal more with " MARRIAGE IN GOOD FAITH " Issues, but I wonder what is considered satisfactory? I personally did have any bills with my abuser but had to show that we lived together just my photocopying addressed mail to me and to him on the same address. Emails from our dating period.

good luck

Crissy

[MulanJohns 3]

(Just my2 cents) -Be very descriptive in your personal statement (to help with good faith). Do not limit urself to cliches like we went to movies and ate out. (They want probative details).

Explain the plans you two had during courtship,what u talked about, people u met, activities u participated in. Remember, u are giving them a picture of what it was, be4 it went bad. It is ur time to tell it.

[crissy55 1]

Hello Kim,

I married my fiancee but it turned out that she had HIV.. she told me abt that the day she married me and we had been sleeping together before that although with protection.... but i got scared.. and i had to run away..... i left even my luggage there..... so basically i have no evidence to support my vawa... please help me out

All i know is that name of her tablets and the fact that her doctor who was giving prescriptions to her for her HIV control was a nepalese doctor.... he had a long name which i cant pronounce.... she never told me abt her HIV and even her kids didnt know abt it.... so tell me what should i do... i dont live with her anymore... i have moved to live with some friends in a different state... am waiting for yr reply...

Hi loneman,

You have to provide the details about where you are in the immigration process - are you a conditional resident trying to remove conditions on your green card, or are you a beneficiary of an approved I-130? Or, perhaps your I-485 is pending, but you don't know how to pursue it now? That might help me give you an appropriate answer.

If you are determined to file a self-petition under VAWA, you will have to prove certain elements of your relationship with your spouse (1) qualifying relationship (marriage certificate) (2) residence (proof of having lived together) (3) good faith marriage (as opposed to marrying for immigration benefits) (4) battery or extreme cruelty (in your case you would have to convince USCIS that your spouse intende to infect you with HIV)

(5) and finally, your good moral character (police clearances for the past 3 years from each location you resided at)

I'm not sure what you need help with precisely, so just be more specific

Hi Loneman,

My x too didn't disclose his HIV status initially until later. It's definitely emotional cruelty to you but you have to have something do show because anyone can claim their spouse is HIV positive. Well, for me, his was advanced and caused him depression thus the constant fights. I was also lucky to have his medicine bottle with his name and medicine on it.

If you can find all the other evidence like kim wrote then a lawyer would help you find how to prove that cruelty piece. maybe supeana her medical records( i don't know how legally possible that is?) but i understand in some states, your spouse can be sued for not disclosing that to you.

Good luck.

Cissy

[kibetitole 0]

Whoever on this site needs tips on how to file VAWA self-petition, contact me. I've gone through a long battle with USCIS regarding my case, and have a load of experience to share with people who cannot afford to pay the attorney fees.

My piece of advice to everyone who is researching VAWA petition is - you CAN do it yourself.

hi kim thanks for offering to take us through this i was asking whether i can apply for driver's license with prima facie also i applied for benefits i wanted cash but they ended up giving me food stamp which i don't need i have ji waiver but visa it self has expired i applied my vawa last year my prima is good until may 5 help please how long does it take to take for case to be approved am 20 years

[JaSmiNe1989 0]

hi kim thanks for offering to take us through this i was asking whether i can apply for driver's license with prima facie also i applied for benefits i wanted cash but they ended up giving me food stamp which i don't need i have ji waiver but visa it self has expired i applied my vawa last year my prima is good until may 5 help please how long does it take to take for case to be approved am 20 years

Sweety, when I didn't have my case approved, I could only recieve food stamps...u have to wait for your case to be approved to get a drivers license

[chaochen 0]

(Just my2 cents) -Be very descriptive in your personal statement (to help with good faith). Do not limit urself to cliches like we went to movies and ate out. (They want probative details).

Explain the plans you two had during courtship,what u talked about, people u met, activities u participated in. Remember, u are giving them a picture of what it was, be4 it went bad. It is ur time to tell it.

MulanJohns Thank you SOOOO MUCH for yr supportive replay!!! Thats wot i was planning to do! I didnt write my personal statement yet, BUT i had an abortion from him just before getting married,caz he said that we need first to have a house and then save money and plan kids. I didnt have a choice caz i loved him. Do u think it can be applied to support good faith?! I ve got a history report and a pic of "ultrasound" from the doctor where i ve done it. But when i had my Psychiatrist evaluation i didnt say anything about abortion besides the abuse of hitting me, caz its such a shame for myself thats happend....

BTW I ve got my prima facie after 2 weeks i filed! Waititng for my EAD...

[chaochen 0]

You kinda of have a solid case about the abuse, may need to deal more with " MARRIAGE IN GOOD FAITH " Issues, but I wonder what is considered satisfactory? I personally did have any bills with my abuser but had to show that we lived together just my photocopying addressed mail to me and to him on the same address. Emails from our dating period.

good luck

Crissy

Thank you Crissy !!! God WILL Help!!!

[MulanJohns 3]

MulanJohns Thank you SOOOO MUCH for yr supportive replay!!! Thats wot i was planning to do! I didnt write my personal statement yet, BUT i had an abortion from him just before getting married,caz he said that we need first to have a house and then save money and plan kids. I didnt have a choice caz i loved him. Do u think it can be applied to support good faith?! I ve got a history report and a pic of "ultrasound" from the doctor where i ve done it. But when i had my Psychiatrist evaluation i didnt say anything about abortion besides the abuse of hitting me, caz its such a shame for myself thats happend....

BTW I ve got my prima facie after 2 weeks i filed! Waititng for my EAD...

The abortion should be one of your strong points and then his' drug problem (and the fact that he kept this info away from you). It will be more better if you can find someone or something that proves that record too. If you talked to anyone about the abortion, let them write about it.

Note: The big thing I noticed with VAWA cases is that you shud never go on record and fail to substantiate. Read the denied cases and see what VAWA applicants failed (most with attorneys) to provide. Also remember to be very keen with what u send/say. Infact, each time I sent something, I cross checked to make sure that if it is mentioned elsewhere, there are no holes. They will dig your whole record from the day you set foot in this country. Don't give anything you can not explain.

Pls also note that am basically writing from my own experience, two lawyers told me previously my case was tooo weak because I had no medical records (visited a counsellor once, that was it) or police reports. Thing is, I had other misfortunes in tow, I had to push the counselling thing to the back. I send in the record to show why I did not try following up initially. I knew what I knew in my heart, so I believed myself, and with God's mercy, I got approved in 6 months. Keep vigil of your case, some attorneys are not very keen/knowleadgeable of what they say.

[Kim_G 4]

Hello,

I got approve on the I-360, after that i apply for my permit to work, i got it too. but my lawyer says i am no elegible to apply for my green card now because my ex-husband is aresident alien. what i can do?

There's nothing you can do but wait until your immigration visa number becomes available to you. Keep checking USCIS processing times online to get an idea of how long the wait is. At least you can legally work..

[nicole_nathan 0]

hi!

just wanna ask what is VAWA means coz ive alway's read that here on vj but i dont know what the meaning of that word? thank's

[ramuji 0]

Hi i got seperated from my wife due to mental and emotional abuse, i dont have a police complaint or i never visited any doctor. Is it possible if i can still apply for VAWA

[fromadistance 0]

Sweety, when I didn't have my case approved, I could only recieve food stamps...u have to wait for your case to be approved to get a drivers license

Is it true that once you applied for benefits (e.g Food stamps) the federal government will get back to your sponsor?

[fromadistance 0]

Hi fellows..

I have a typical case of VAWA. I am a conditional resident. I just got here in the states 5 months ago and my husband has started physically, mentally, and emotionally abusing me.

I am no longer living with him though. I am with my cousin now. But before I move here, I have stayed in a women shelter for my custody.

I listed below what I have as an evidences for the abuse. (except Marriage certificate and proof of our marriage in good faith)

I don't know what to do if I am going to remove conditions alone based from abuse or file for VAWA. I don't know which one would be an easier route. So please guys, enlighten me.

My evidence of the abuse are:

-3 police reports

-1 notarized statement from my mother in law's friend that she has been witnessing the abuse.

-A statement of me and my mother in law signed by the coroner stating that I have been abused and my husband is violent and suicidal so he needs a protective custody.

-A certification from the women shelter that I reside there for a night (before I flew here at my cousin's house) and it's stated their that I flee from domestic violence."

What should I need to start doing please?