MALE VAWA petition PLEASE HELP!!!!

[mua9999 0]

Hi guys,

Please i need advice from you guys. I am filling for VAWA... its taken me about 2 months to gather all the statements and evidence i need. I will be sending in my petition by the end of this week. My wife is very violent and alcohol compounds the issue. She has abused me physically, mentally and verbally, and it has a great toll on me. She finally withdraw her petition in January 21 2010. I got a letter from USCIS March 29, 2010 that my application to register permanent resident or adjust status form I-485 was denied. Here is what the letter says:

PROCEDURAL HISTORY

On August 28,2009 you filed an application to register permanent resident or adjust status, form I-485, pursuant to a petition for alien relative, form I-485, pursuant to a Petition for Alien Relative, form I-130, filed in your behalf by _______ ________, on August 28, 2009. In doing so, you seek to obtain immigration benefits pursuant to section 245 of the immigration and nationality act, as amended (the Act).

APPLICABLE LAW AND DISCUSSION

Section 245(a) of the Act states in pertinent part:

The status of an alien... may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if ....(3) an immigrant visa is immediately available to him at the time his application is filed.

CONCLUSION

The records of this agency indicate that the petition for Alien Relative filed on your behalf was withdrawn on January, 14th, 2010. Therefore, in the absence of any indication that you are entitled to another status, it is hereby determined that you have failed to establish that an immigrant visa is immediately available to you as required by Section 245(a)(3) of the Act. As a result, your application must be and hereby is denied as a matter of law, There is no appeal of this decision.

------------------------------------------------------------------------------------------------------------------------------------------------------------------

My marriage was very abusive and so here i am, and i can't afford a lawyer. By i have been reading a lot from this forum and it's been helpful. I will be filing my petition by the end of this week but i need advise. I don't know if this letter changes anything. Also Since my EAD is still valid, i am not sure if it is okay to continue working about my I-485 has been denied. PLEASE I NEED HELP. Whatever advise you guys can give will be deeply appreciated. Thank you!

Edited April 6, 2010 by mua9999

[Boiler 45,581]

You are out of status and therefore your EAD is invalid.

[mua9999 0]

How does this affect my petition for VAWA??? Can i continue with filing my petition since i am sending everything this week?

Edited April 6, 2010 by mua9999

[Spoom 8]

As long as you don't accrue more than six months of "out of status" time, you should be OK to file again.

VAWA self-petitioning can be done by men; the law is gender-neutral as I understand it. Here's an immigration lawyer's page on VAWA, there's also the USCIS page on self-petitioning as a battered spouse. You'll have to file an I-360 to apply for these benefits. The form is free to file for self-petitioning battered spouses.

Unfortunately your EAD is probably invalid since you are no longer an adjustment applicant; once you get an approved I-360 you can apply for another EAD.

I'm sorry you're in such a crappy situation right now.

Edited April 6, 2010 by Spoom

[Bobby+Umit 161]

An issue I can foresee is that you waited till after the petition (original) was withdrawn prior to attempting to file VAWA.

The question that would be asked is why did you wait? Why didn't you file as soon as the situation warranted it?

You should be prepared to answer questions like these - you may need to seek the help for a lawyer, seek out charity organizations for guidance.

[LIFE'SJOURNEY 970]

Hi guys,

Please i need advice from you guys. I am filling for VAWA... its taken me about 2 months to gather all the statements and evidence i need. I will be sending in my petition by the end of this week. My wife is very violent and alcohol compounds the issue. She has abused me physically, mentally and verbally, and it has a great toll on me. She finally withdraw her petition in January 21 2010. I got a letter from USCIS March 29, 2010 that my application to register permanent resident or adjust status form I-485 was denied. Here is what the letter says:

PROCEDURAL HISTORY

On August 28,2009 you filed an application to register permanent resident or adjust status, form I-485, pursuant to a petition for alien relative, form I-485, pursuant to a Petition for Alien Relative, form I-130, filed in your behalf by _______ ________, on August 28, 2009. In doing so, you seek to obtain immigration benefits pursuant to section 245 of the immigration and nationality act, as amended (the Act).

APPLICABLE LAW AND DISCUSSION

Section 245(a) of the Act states in pertinent part:

The status of an alien... may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if ....(3) an immigrant visa is immediately available to him at the time his application is filed.

CONCLUSION

The records of this agency indicate that the petition for Alien Relative filed on your behalf was withdrawn on January, 14th, 2010.

Therefore, in the absence of any indication that you are entitled to another status, it is hereby determined that you have failed to establish that an immigrant visa is immediately available to you as required by Section 245(a)(3) of the Act. As a result, your application must be and hereby is denied as a matter of law, There is no appeal of this decision

.

------------------------------------------------------------------------------------------------------------------------------------------------------------------

My marriage was very abusive and so here i am, and i can't afford a lawyer. By i have been reading a lot from this forum and it's been helpful. I will be filing my petition by the end of this week but i need advise. I don't know if this letter changes anything. Also Since my EAD is still valid, i am not sure if it is okay to continue working about my I-485 has been denied. PLEASE I NEED HELP. Whatever advise you guys can give will be deeply appreciated. Thank you!

How do you purpose to get past this statement see quotes. Shouldn't you have had the VAWA information on-hand before they denied your application. It seems as if you didn't present anything to them, such as the documents you are now gathering to try to adjust under another status. I don't see how you are going to get around that. But weird things ahve happen before.

[HappyNathy 0]

Unless the withdrawal adds to the VAWA claim. How many USCs post here after a fight with their non-USC spouse that they want to "send them back"? I have heard an immigration lawyer say that USCIS is aware of these types of situations where the USC uses this as a weapon / intimidation tool against the non-USC.

To the OP: As for how you should proceed, find a good immigration attorney to consult. Seriously.

[Spoom 8]

I think he has a decent shot. USCIS isn't going to deny him unless he doesn't fit into the definition given for a battered spouse, and from what I've read he should (barring any 'good moral character' issues). Besides, he still would likely have been denied at the interview because his I-360 wouldn't have been approved yet. Yes, he could have requested a later interview date, but I think most people would give him a pass on that given the situation.

[mua9999 0]

One important thing i never knew was that i could file by my own without her help. I never knew this. I stayed with her and she abused me like non other, threating to withdraw her support if i don't do what she wants. She made me cease contacts with my friends and only with her permission can i do whatever i want. She gets worse when she drinks. I was at the bottom of the pit before finally friends helped me by introducing me to an immigration attorney. That was when i knew i could get my way out of the destructive relationship. It also took me a while because i had to gather evidence which includes statements from my domestic violence counselor, therapist, and other friends and also my own statement. She used her power to control me like a puppet. I have never been abused before it is just very demeaning and depressing. I got my proof of moral certificate so...

Oh by the way, did you say it is free to file I-360 as a battered spouse???? I believe this is true but i want to be sure.

Thank you for all your comments.

[nane1104 146]

I was at the bottom of the pit before finally friends helped me by introducing me to an immigration attorney. That was when i knew i could get my way out of the destructive relationship.

Thank you for all your comments.

All my sympathy to you in your current situation, but your statement sounds really disturbing to me. Unless you have children that you didn't want to leave behind, I don't see why you had to see an immigration attorney to figure out you could leave your wife.

I am sorry, I just don't understand it. I get that you probably started to build your life in the US, but how much abuse do people take before they realize it's not worth it?

OP, I am not trying to personally attack you, I really wish you all the best and I hope everything works out for you the way you want it. Just trying to get it...

[Spoom 8]

People aren't always in their right minds when they're being abused or controlled.

Yes, the I-360 is free to file as a battered spouse.

Special Instructions :

There will be no fee for:

...

- Self-petitioning battered or abused spouses, parents or children of U.S. citizens or permanent residents (Box 2i or 2j on the form);

The I-485 (which you'll likely have to re-file with the I-360 [they can be filed concurrently], along with your I-131 [AP] and I-765 [EAD]) is not, but you might be able to get a fee waiver if you can't pay for it.

You might be able to setup an InfoPass to get your existing I-485 reopened with an approved I-360 as the basis, but I'm not sure if that's possible.

Edited April 7, 2010 by Spoom

[sachinky 465]

I'm not sure I understand this.

You were in an abusive relationship and living life as usual until "a friend introduced you to an immigration attorney" and you were then informed of the existence of the WAVA. You also went through the AOS (knowing this marriage wasn't working out) but now that it's denied you want to file as a battered spouse.

Do I have this correct? Just want to make sure.

[mua9999 0]

No. I was in an abusive marriage with my wife i have separated from her 2 times. There were times when things will go very well for a while and then she would become abusive and controlling again. She would scream and yell an a loud piercing manner incessantly to get her way. She would call the police on me under false pretense if i don't play by her rules. It is a vicious cycle. She would threaten me with withdrawing her petition if i don't play by her rules. She would schedule appointments with immigration and then later cancel it in order to make me do what she wants. She calls police on me under false pretense claiming that i abuse her physically, she would try to place herself in positions and aggravate me so i hit her so she can have something to hold against me. I always avoid her at ALL cost. Dude, that woman punches and beats the hell out of me and i couldn't do anything because i can't report to the police; i didn't want to get in any trouble. Because if i reported she would withdraw her petition, then i will be screwed. Seriously i don't wanna go through explaining everything i have gone through. I already wrote a 20 page statement of everything she put me through. Dude, i suck up a lot of abuse because she made me believe she was my only salvation to remain in the US and that if she withdraw her petition i will be deported; so i stuck with her even as the abuse got worse. She made me cease contacts with my friends, and she monitors everything i do. I am one of the unfortunate ones on here who have never heard of VAWA. I was always afraid of reporting her because she would withdraw her petition, which she has now done. We haven't gone for an interview but yes we did file an AOS back in August. She manipulates and controls everything. I she would try make be look like the abuser and she the victim. Apparently it's a pattern in her family, she learned all this behavior from her mother who also abused my wife's dad. Her dad wasn't surprised when i told him everything i have been going through. My wife, her mom and her sister had warned me vehemently never to speak with my wife's dad and that he was a mean person. Not until several months of abuse that i finally went embarrassingly to my wife's dad and he told me his own experience that what i went through is what he had gone through. All his daughters are abusively controlling, and it's a pattern they learn from their mom. I never knew because when things got really bad i would call my wife's mom for help. She was always the one i reach out to for help. She apparently she is the mastermind of abuse. Okay, those that help clarify things. I was even afraid to have an order of protection against her because she would withdraw her petition.

Edited April 7, 2010 by mua9999

[mua9999 0]

I am consulting with an immigration attorney asking for advise and what not. I really don't have any money for hiring one. I am hoping to file this on my own.

[Spoom 8]

As an alternative, try setting up an InfoPass appointment with USCIS to ask an immigration officer about your options. I'd make a list of questions to which you need answers to bring with you. (You could call the USCIS info line at 1-800-375-5283, but it's generally understood that the first level people there aren't very helpful.)

From what I understand though, you just need to file the I-360 together with the I-485, I-131, and I-765 (with fee waiver application if necessary).