VAWA self-petition

[schatzi3277 6]

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

That type of abuse is very hard to proof, especially if you never went to the police. What you can try is get written statements from friends or family of the abuse, or go t a therapist and get a statement about your abuse. You can always give it a try.

Good luck

[schatzi3277 6]

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?

http://www.usdoj.gov/eoir/probono/

states.htm

go to this webpage and see if you can get advise from a lawyer.

[musafir 0]

<!--quoteo(post=3462223:date=Nov 3 2009, 07:50 PM:name=musafir)--><div class='quotetop'>QUOTE (musafir @ Nov 3 2009, 07:50 PM) <a href="index.php?act=findpost&pid=3462223"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec--><!--quoteo(post=3461401:date=Nov 3 2009, 03:23 PM:name=Kim_G)--><div class='quotetop'>QUOTE (Kim_G @ Nov 3 2009, 03:23 PM) <a href="index.php?act=findpost&pid=3461401"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->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 <b>CAN </b>do it yourself.<!--QuoteEnd--></div><!--QuoteEEnd-->

Hello:

Can you please tell me is it better to file I-360,l-485 and I-765 together?

I was really hopeless so I hired an attourney but I think he is not that experienced on this VAWA cases. He said we should only file I-360? Can you please help me?

WOuld my work authorization through my husband will be revoked? once my I-485 interview is missed wiht my husband? the interview date is Nov 16th. Obviously we are not going to go together. We are separated. Please advise! THank you,

<!--QuoteEnd--></div><!--QuoteEEnd-->

Musafir,

It depends on your situation - are you or were you married to US citizen? If so, you can file your I-485 packet together with your I-360 because you are not subject to prioritization of processing dates. I believe your spouse is a US citizen since you've mentioned the work authorization that you got through him. If he already filed I-130 family petition for you, and it's the basis of your I-485, then you simply file your VAWA self-petition with Vermont Service Center, and go to the interview alone and explain to the officer that due to domestic violence/abuse your spouse did not accompany you. Present the officer with a receipt of your VAWA application (if you already have it) and ask them to substitute VAWA for I-130. That way you Adjsutment of status application will remain pending until VAWA is decided. For as long as I-485 is pending, you can keep your work permit and be legally employed!

________________________________________

Hello Kim,

Thanks for your helpful information.

I would like to let you know that my I-360 got approved and now I am scheduled for an interview in 2 weeks for my pending I-485. Could you please share your interview experience. What kind of questions they asked you and what kind of documents you took with you. Also, would you suggest taking a lawyer with me? What do they do with my I-94? My date of birth on my I-94 is incorrect but I filed my I-360 with the correct date of birth. I have my original birth certificate as well. Please advise! thanks in advance!

[Kim_G 4]

________________________________________

Hello Kim,

Thanks for your helpful information.

I would like to let you know that my I-360 got approved and now I am scheduled for an interview in 2 weeks for my pending I-485. Could you please share your interview experience. What kind of questions they asked you and what kind of documents you took with you. Also, would you suggest taking a lawyer with me? What do they do with my I-94? My date of birth on my I-94 is incorrect but I filed my I-360 with the correct date of birth. I have my original birth certificate as well. Please advise! thanks in advance!

The immigration officer is not supposed to ask you questions about your I-360 which is already approved, so basically the adjustment of status interview comes down to raising your hand, swearing to tell the truth, and answering questions such as "have you ever been arrested/helped someone enter the country illegally, etc". You might be asked about manner of entry to the US - for instance, when and on what type of visa you entered US. You should be fine without a lawyer, although having one, of course, adds to the sense of confidence and security. The lawyer, the good one at least, will make sure that the officer doesn't ask you unlawful questions pertaining to I-360 petition. This is a matter of individual choice. I personally did not have a lawyer for the interview.

You should have your passport and I-94 for the interview, but if you don't (for instance, passport may be lost or expired), it's not a problem. These days, green cards only take a month to produce and mail out, so the stamp in a passport is not a huge issue. I-94 serves as proof of having entered US legally, so you should definitely bring it. You can politely explain the discrepancies between the dates of birth to the officer. I'm not sure how the wrong DOB could have ended up on the I-94, but for as long as everything else coincides (e.g., your full name), it can be logically explained.

Good luck on the interview!

[messi2009 1]

HI

i just applied for the I360 last tuesday based on abused or battred husband i been abused menthaly and phisicly to

the problem is that i dont have statment from poeple that they know us because was all her friends and the refuse to say truth or even answer my call but i stumbit

1 report police

2 my medical record because i attempting suiside when i find out that she was cheating on me

3 officer counslor for marraige statment

4 proof of resident togather like insurance and bills

5 proof of good moral charectar

but the problem i am worried about that i dont have statment from people that they know us like friends because the refuse to say the truth

my question if that enough proof or must that i have statment from other people ? please help me out

[Kim_G 4]

HI

i just applied for the I360 last tuesday based on abused or battred husband i been abused menthaly and phisicly to

the problem is that i dont have statment from poeple that they know us because was all her friends and the refuse to say truth or even answer my call but i stumbit

1 report police

2 my medical record because i attempting suiside when i find out that she was cheating on me

3 officer counslor for marraige statment

4 proof of resident togather like insurance and bills

5 proof of good moral charectar

but the problem i am worried about that i dont have statment from people that they know us like friends because the refuse to say the truth

my question if that enough proof or must that i have statment from other people ? please help me out

In order to qualify under VAWA you need to demonstrate battery (bodily harm) or extreme cruelty by your spouse. In other words, you need to prove wrongdoing on the part of your spouse. Cheating in a marital relationship will not be considered as a sufficient reason for USCIS to approve you self-petition. As much as I sympathize with your situation, your case will require solid evidence of battery/extreme cruelty to be considered for approval.

Regards,

KG

[musafir 0]

The immigration officer is not supposed to ask you questions about your I-360 which is already approved, so basically the adjustment of status interview comes down to raising your hand, swearing to tell the truth, and answering questions such as "have you ever been arrested/helped someone enter the country illegally, etc". You might be asked about manner of entry to the US - for instance, when and on what type of visa you entered US. You should be fine without a lawyer, although having one, of course, adds to the sense of confidence and security. The lawyer, the good one at least, will make sure that the officer doesn't ask you unlawful questions pertaining to I-360 petition. This is a matter of individual choice. I personally did not have a lawyer for the interview.

You should have your passport and I-94 for the interview, but if you don't (for instance, passport may be lost or expired), it's not a problem. These days, green cards only take a month to produce and mail out, so the stamp in a passport is not a huge issue. I-94 serves as proof of having entered US legally, so you should definitely bring it. You can politely explain the discrepancies between the dates of birth to the officer. I'm not sure how the wrong DOB could have ended up on the I-94, but for as long as everything else coincides (e.g., your full name), it can be logically explained.

Good luck on the interview!

Thanks a bunch for your reply. It really helped. I will let you know how the interview went. Please please pray for me.!

[My-joy 4]

Hi everybody, I would appreciate any feedback on my case.

I will be filling for VAWA also in a few days. I'm married to a US citizen, we have a child together. Lived together about 3 years, married for about 2 years. He was very abusive and controlling. After the last physical abuse, I left him. I never made a police report, because he threatened to have me deported. He never filled any papers for me with the immigrations, I am currntly out of status. What evidence do I need to present to immigrations. I have pictures of my injuries. And affidavits. Do I need to see a counselor? How do I do that? I read other people's posts, and they had mentioned that. I am clueless to all these, I never knew anything like VAWA existed, until my lawyer mentioned it, so I do not have that much evidence. Thanks

[bibi.macc 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 <b>CAN </b>do it yourself.

Hi kim thank you so much for offering your help. I really dont know where to start a friend from bible study told me to look into VAWA self petition after I told about my situtation. So I googled it and from the looks of it i have all the paperwork to prove everything (we were together 10 years and have a daughter together)except the actual phycological and physical abuse I never called the police on him because I was afraid of being deported because the county i lived in georgia work directly with ICE police. How can i prove this abuse i wouldn't have any problems getting statements from friends and family about how he was controlling and possesive and abusive but that is about it. i have fled the state to get away from him.Please help this is now very urgent he is now threatening me to take my daughter away from me bacause i am not able to support her and dont have a stable home and to have me deported if i dont go back to him he is also using this as a bribe (if i go back to him he will legalize me). I was brought here illigally by my parents when i was 2 years old so i dont have anykind of paperwork

[andera 0]

In order to qualify under VAWA you need to demonstrate battery (bodily harm) or extreme cruelty by your spouse. In other words, you need to prove wrongdoing on the part of your spouse. Cheating in a marital relationship will not be considered as a sufficient reason for USCIS to approve you self-petition. As much as I sympathize with your situation, your case will require solid evidence of battery/extreme cruelty to be considered for approval.

Regards,

KG

hi i am new to this post and ahve so many questions. please help. i am married to a usc we are now seperated because of domestic violance he filed the i130 on my behalf they sent back for more evidence but by then i had already filed i360 battered sopuse. soon after i filet the i360 i ercieved a letter that the i130 was approved and sent to the nvc what do i do it has been almost 2 weeks and i have not heard from the vermont service center

how long does it takt to hear from vermont service center

[stacey12 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 <b>CAN </b>do it yourself.

Hi everyone,

I am new to this website. I filed for my VAWA in March 2009, I had concurrently filed for my EAD and I-485. My VAWA was approved a month back. Can somebody advice me of what happens next. I have spent a lot of money on the Petition already. My attorney is asking for $1500.00 for the interview. I don't have that kind of money, can somebody please advice me of what should I expect next.. Thanks for your prompt response

[karakouta 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 <b>CAN </b>do it yourself.

Hi Kin,

God bless you for all the help and knowledge u are providing to us here, I have been in a very terrible situation here with my wife, because i am a man it is really hard and difficult for me to tell people about it when it started, My wife is a from here and I am from Africa, before we got married things were so good, then later my life with this woman turn to be a living hell. she made it clear to me that She will have me deported if I ever fight her back, This woman never file no paper for me and she has been abusing me, all the time. She can hit me with any kind of things when she fell like, calling me name in the presence of people and many other bad things. I became a slave and a House husband, the last one she did was Attacking me physically in a friends house just because she don;t want me to friend nobody. At that point, I couldn't take it more so I called the police. Knowing that she also call the immigration. police took care of her and immigration took care of me. thank God I had people who paid bond and got me out of there the same day. I have filed a petition to vawa with all the evidences, together with the police report and also I have neighbors who witnessed they abuse i have been going through 12 of them Wrote a letter of Good moral character and also explained all that they have witnessed. i did receive the Prima facie. I also apply for a EAD. what do you think will be next for me to do or expect? I will have to see Immigration Judge in few Months. DO you think my case has a good stand with the Judge? Will the case will close? Thanks

[karakouta 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 <b>CAN </b>do it yourself.

Hi Kin,

God bless you for all the help and knowledge u are providing to us here, I have been in a very terrible situation here with my wife, because i am a man it is really hard and difficult for me to tell people about it when it started, My wife is a from here and I am from Africa, before we got married things were so good, then later my life with this woman turn to be a living hell. she made it clear to me that She will have me deported if I ever fight her back, This woman never file no paper for me and she has been abusing me, all the time. She can hit me with any kind of things when she fell like, calling me name in the presence of people and many other bad things. I became a slave and a House husband, the last one she did was Attacking me physically in a friends house just because she don;t want me to friend nobody. At that point, I couldn't take it more so I called the police. Knowing that she also call the immigration. police took care of her and immigration took care of me. thank God I had people who paid bond and got me out of there the same day. I have filed a petition to vawa with all the evidences, together with the police report and also I have neighbors who witnessed they abuse i have been going through 12 of them Wrote a letter of Good moral character and also explained all that they have witnessed. i did receive the Prima facie. I also apply for a EAD. what do you think will be next for me to do or expect? I will have to see Immigration Judge in few Months. DO you think my case has a good stand with the Judge? Will the case will close? Thanks

[karakouta 0]

Hi Kin,

God bless you for all the help and knowledge u are providing to us here, I have been in a very terrible situation here with my wife, because i am a man it is really hard and difficult for me to tell people about it when it started, My wife is a from here and I am from Africa, before we got married things were so good, then later my life with this woman turn to be a living hell. she made it clear to me that She will have me deported if I ever fight her back, This woman never file no paper for me and she has been abusing me, all the time. She can hit me with any kind of things when she fell like, calling me name in the presence of people and many other bad things. I became a slave and a House husband, the last one she did was Attacking me physically in a friends house just because she don;t want me to friend nobody. At that point, I couldn't take it more so I called the police. Knowing that she also call the immigration. police took care of her and immigration took care of me. thank God I had people who paid bond and got me out of there the same day. I have filed a petition to vawa with all the evidences, together with the police report and also I have neighbors who witnessed they abuse i have been going through 12 of them Wrote a letter of Good moral character and also explained all that they have witnessed. i did receive the Prima facie. I also apply for a EAD. what do you think will be next for me to do or expect? I will have to see Immigration Judge in few Months. DO you think my case has a good stand with the Judge? Will the case will close? Thanks

[Innana_TN 0]

Hallo together ...

I'm right now on the point where I got my I-360 approved and in 3 weeks I will have my interview by the USCIS for the I-485.

I have no idea what the officer will ask me.

I hope he don't ask me about the abuse (mentally, sexually and physically) because ... well, it is still hard for me to talk about.

I got my work permit in July 2010 and I work since 5 weeks now. It wasn't easy to get a work in the area where I live.

I still have no health insurance and I would need it bad ... specially a Dentist to get my teeth fixed after the abuse.

Well, have someone here an idea what comes my way by the interview?

What for question I have to face?

Every help is very appreciated!

Thanks

Astrid