Withdrawal of I-130 effect on VAWA case

[wow 0]

My husband brought me up from jamaica. He is a USC, on a k1 last year July 10 2010 , we were married july 22 file the 485 then I started seeing another man and my husband ( we have a child together born in jamaica and is a USC now) found out in Jan 2011, has proof as he read my mail I left open. Told me he was going tom pull his app. I went to the aos meeting fen 16 and told them abuse as I had him arrested for DB,case pending,he pled not guilty 1st offense.I told them I want to file vawa, he pulled his 864 for support but not the I-130 yet and I do not have much proof of abuse. Can I self file via vawa if he does not withdrawal his I-130? Annulment/divorce pending.

Today my friend told me uscis called him asking him to quickly withdrawal his I-130 as I have filed my VAWA but ,I think they know about my outside relationship starting 4 months after arrival and that he filed for an annulment based on fraud, and he has a TPO on me and my new boyfriend.

What's happening? Is this good for me and my vawa app or bad...that the case,I-130 has not been withdrawn?...

Please help

Edited April 28, 2011 by wow

[JimVaPhuong 4,863]

My husband brought me up from jamaica. He is a USC, on a k1 last year July 10 2010 , we were married july 22 file the 485 then I started seeing another man and my husband ( we have a child together born in jamaica and is a USC now) found out in Jan 2011, has proof as he read my mail I left open. Told me he was going tom pull his app. I went to the aos meeting fen 16 and told them abuse as I had him arrested for DB,case pending,he pled not guilty 1st offense.I told them I want to file vawa, he pulled his 864 for support but not the I-130 yet and I do not have much proof of abuse. Can I self file via vawa if he does not withdrawal his I-130? Annulment/divorce pending.

Today my friend told me uscis called him asking him to quickly withdrawal his I-130 as I have filed my VAWA but ,I think they know about my outside relationship starting 4 months after arrival and that he filed for an annulment based on fraud, and he has a TPO on me and my new boyfriend.

What's happening? Is this good for me and my vawa app or bad...that the case,I-130 has not been withdrawn?...

Please help

Why would he file an I-130 if you arrived with a K1?

Without solid proof of abuse your VAWA case doesn't have much of a chance.

[wow 0]

Define solid...And if I cannot apply for vawa how long before deportation?...??? Whats gonna happen to me?

[JimVaPhuong 4,863]

Define solid...And if I cannot apply for vawa how long before deportation?...??? Whats gonna happen to me?

Affidavits from unbiased witnesses. Medical examination reports of physical injuries. Police reports, especially if the officer saw evidence of injury. Psychiatric or psychological evaluations confirming emotional trauma. In other words, strong evidence from disinterested third parties who have nothing to gain from lying on your behalf. USCIS will have a strong tendency to believe a professional who has no motive to lie for you.

If the evidence you've got consists primarily of statements from you, or is derived directly from statements from you (i.e., a police report based on nothing more than a statement you made), then that would be considered weak evidence.

Nobody can predict how long before deportation, nor even if you would be deported. It could takes months, or even years for your VAWA petition to be adjudicated. If it's denied there's no guarantee you'd be placed in removal proceedings, but it's definitely possible.

If you were actually abused by your husband then hire a competent lawyer to help you with your VAWA case. If, on the other hand, this is just a desperate attempt to save your immigration status after your husband caught you cheating then I suggest you give it up and go back to your home country. Aside from the 10 year bar you'd get for being deported, if the VAWA case is denied because it's determined to be fraudulent then you could potentially be banned from the US for life. It sounds like your husband believes it's the latter, since he's filing for annulment based on fraud. What do you think are the chances USCIS would believe him?

[TBoneTX 45,329]

If, on the other hand, this is just a desperate attempt to save your immigration status after your husband caught you cheating then I suggest you give it up and go back to your home country.

Excellent advice, worth following.

[wow 0]

But will they send me back? Deportation? How long do I have? I don't want to get arrested....

[katiemanny 64]

But will they send me back? Deportation? How long do I have? I don't want to get arrested....

If they found out you entered your marriage just for the sake of a Green Card, then your chance to stay here will be close to 0%, your husband already wants out. so I would suggest you to talk to your new husband about going back to Jamaica and bring you back either as a fiance or spouse.

You cheated on your husband 4 months after you got here, and you have the audacity to want to claim abuse on him so you can stay here, that's not fair at all.

[JimVaPhuong 4,863]

But will they send me back? Deportation? How long do I have? I don't want to get arrested....

Again, nobody can say for sure. Many people who are denied a petition are not placed in removal proceedings. This doesn't mean that USCIS is giving them permission to remain in the US. It usually just means they don't consider it to be important enough to spend the time and money to get an immigration judge to issue a deportation order. Even if they don't deport you after denying your petition, you'd still be unlawfully present in the US, which means there would always be a risk you'd be caught and deported.

If your VAWA petition is denied, and they decide to place you in removal, then you'll usually get a notice of intent shortly after the denial. You'd usually have a small window of time - 30 days or so - to file a motion to reopen your VAWA case. If that motion is denied then you'd receive a notice to appear in immigration court. If you didn't show up for that hearing then there's a reasonable chance that ICE officers would arrive at your home to arrest you.

Because you came with a K1 visa there are very few ways you can get a green card and stay in the US. Adjustment through marriage to the K1 petitioner has the best chance of success, but that's obviously not going to happen in your case. VAWA success rates are substantially lower - it all depends on the weight of your evidence that the abuse really occurred, and that you entered the marriage in good faith. About the only other possibility is an asylum application, but the odds of that being approved for a Jamaican is near zero.

If I were you, I would not feel comfortable proceeding without an attorney.

You didn't answer my question about the I-130. Why did your husband file an I-130? It isn't needed with a K1 adjustment of status.

[katiemanny 64]

Jim, if her husband already filed for annulment based on fraud, doesn't that seal the deal about not being able to get a VAWA claim, if the petitioner is the abuser, shouldn't the person being abused be the one who file for divorce base on abuse to have a better shot for a VAWA claim?

[LIFE'SJOURNEY 970]

Define solid...And if I cannot apply for vawa how long before deportation?...??? Whats gonna happen to me?

The best advise that anyone can give you on this issue is for you to self deport your self back to Jamaica(ASAP) and start over with the new relationship, with you'll obtaining a K1.

Once you start establishing an overstay greater than 180 days, then the K1 process will get alittle more complicated. It is my understanding from previous post, that your 194 date has long expired.

Jim, if her husband already filed for annulment based on fraud, doesn't that seal the deal about not being able to get a VAWA claim, if the petitioner is the abuser, shouldn't the person being abused be the one who file for divorce base on abuse to have a better shot for a VAWA claim?

In this case they both have been charged with some type of abuse.

[LIFE'SJOURNEY 970]

Also how is it that you are using your ex's account, or is he using your account, or is this the new BF?

[wow 0]

I need help so I just asked on this....

[Glyn and Kathy 288]

Un-freaking-believable

[Casprd 167]

From the time line given it appears that the "abuse" occurred about the same time that your current husband found out you were having an affair. And the affair started within just a few months of arriving and getting married from the K1 visa. I think you'll have a difficult time proving that it wasn't a fradulant marriage given the quick time frame unless you have some very convincing evidence to explain what happened and documenting the "abuse" which it seems you don't have. Based on what you've said here, any reasonable person is going to come to the conclusion that you married your husband for the sake of a green card. Best advice as others have posted is to go home and start the process over with your new boyfriend.

On a completely judgemental note, actions like this are what makes it so damn hard for the rest of us. As Glyn and Kathy said "Un-freaking believable".

[Canadian in GA 34]

Un-freaking-believable

Agreed! us people who are completly in love and would never even dream of something like this, thn there is people out there who just mess it up. im no pointing the finger its fraud, but you dont marry someone, then skip off with another man. that is disrespectful.

Edited April 28, 2011 by Canadian in GA