VAWA Part 2

[My-joy 4]

The Lord is my strength...God is our strength!

I'm praying we get some good news this week.

[Sandra G. 5,043]

I can imagine how anxious everyone must be waiting the decision.But you know we can't change anything then we just need to wait on God. Sometimes some people are denied and email me, they are desperate, feeling devastated.I hope each one of you can fulfill your heart's desire, but I believe everything on earth has a purpose and sometimes our plans are not God's plans, then we need to accept the things we cannot change, courage to change the things we can, and wisdom to know the difference.I wish all the best.

[lorphelpme 9]

I can imagine how anxious everyone must be waiting the decision.But you know we can't change anything then we just need to wait on God. Sometimes some people are denied and email me, they are desperate, feeling devastated.I hope each one of you can fulfill your heart's desire, but I believe everything on earth has a purpose and sometimes our plans are not God's plans, then we need to accept the things we cannot change, courage to change the things we can, and wisdom to know the difference.I wish all the best.

Thanks Sandranj for the response and the words of encouragement. Hopefully we get some good news soon

[Macbook 2]

I just git RFE on site. Have not receved letter yet. What do you guys think what will be for? Because I got last year RFE for Good Moral Character and Bona Fide marriage. What else they will ask?

Also now when I send them RFE respond how long it will take them to respond? I hope that i won't have to wait a year for it!

[My-joy 4]

Hi Macbook, look on the bright side...before a case is approved they will send an RFE if anything on your file needs clarification. If you didn't have "a good case" they will be sending you a NOID instead. Keep us informed about what they need when you get the RFE, and by God's grace they will adjudicate your case fast after they receive it.

I noticed you sent your last RFE response about a year ago. My RFE response was also sent over a year ago and I still haven't heard anything.

I just git RFE on site. Have not receved letter yet. What do you guys think what will be for? Because I got last year RFE for Good Moral Character and Bona Fide marriage. What else they will ask?

Also now when I send them RFE respond how long it will take them to respond? I hope that i won't have to wait a year for it!

[peanutbutter 6]

Thanks loveme

Im waiting for over 10 months now... learning from some of the cases here I feel i still have a long way road. I havent gotten any RFE yet and i had 2 Prima F so far...My lawyer says the USCIS is working on the cases (we know they are) but why is taking so long to issue at least a RFE. My ex husband withdrew the 130 and 485 last year and for some reason they send all the letters to my adress...as well there was a letter saying that his request was sent to the Vermont Center...(what request?) does someone has any idea what that means?... I know he was trying so hard to hurt me in any single way and Im scared he would like to get into my files at the Vermont Center. My lawyer says nobody can have information about my case...but after all this nightmare Iam still afraid of him.

[Stillalive 4]

I just git RFE on site. Have not receved letter yet. What do you guys think what will be for? Because I got last year RFE for Good Moral Character and Bona Fide marriage. What else they will ask?

Also now when I send them RFE respond how long it will take them to respond? I hope that i won't have to wait a year for it!

well, Macbook. you failed to overturn the decision about Bona Fide marriage thats why you are getting the second RFE, kind of second chance to overturn the situation, keep in mind you are a man not a woman, so you know what I mean, you are a provider (USCIS-point of view) so all your evidences about Marriage are supposed to be strong and credible. once they will receive them, USCIS has up to 120 days from the date they got it.... to get back to you, if that makes sense!?? trust me I know what Im talking about...

just a sample of what I sent to them about Bona Fide Marriage or Good Faith marriage a few months back.

• Evidence of marriage.

- Copy of the front and back of my marriage license

- Copy of my marriage certificate

• Copies of the Photographs (photo album).

- 55 pages(trip and birthday party)

• Evidence of Co-Mingling Finances.

- Copy of letter from Bank

- Copy of bank agreement(both names and both signatures)

- Copies of bank statements (showing address).

- Copy of letter from Insurance. (both names)

• Evidence of Shared Expenses.

- Copies of financial transactions.(both names)

Showing payments of rent and utilities

Showing payments of furniture and domestic bonds

- Copy of letter from my old apartments (both names)

- Copies of cashed check ( both names)but signed by me

• Evidence of Share Residence.

- Copy of apartment lease contract (both names and both signatures)

- Copy of lease contract amendment (both names and signed by me)

• My personal statement briefly. 7 pages

• Affidavits from Friends.

- Copy of letter from friend 1

- Copy of letter from friend 2

• Evidence of relationship/marriage.

- Copies of emails from my spouse

Showing proof and or state of our relationship in all levels (emotional, financial) including “honey Do” lists and others.

Good luck!!!

[Sandra G. 5,043]

Stilaalive you said "you failed to overturn the decision about Bona Fide marriage thats why you are getting the second RFE, kind of second chance to overturn the situation, keep in mind you are a man not a woman, so you know what I mean, you are a provider (USCIS-point of view) so all your evidences about Marriage are supposed to be strong and credible". Well your remark because he is a man there is nothing to do with the way USCIS will adjudicate his case. Women and men must prove bonafide marriage. Being a provider? I didn't get it, we don't have in the Immigration Law anything specifying the man must be the provider, or because he is the provider his case will be adjudicated different. Keep in mind every year almost 2.000 Vawa cases are denied, and 98% of the cases were filed by women, not men. Then I think you are a bit confuse regarding your thinking. USCIS will adjudicate the case based in the violence suffered and bonafide marriage if the individual is a man or a woman USCIS can't care less.

Edited September 18, 2012 by sandranj

[verysadguy 170]

Stilaalive you said "you failed to overturn the decision about Bona Fide marriage thats why you are getting the second RFE, kind of second chance to overturn the situation, keep in mind you are a man not a woman, so you know what I mean, you are a provider (USCIS-point of view) so all your evidences about Marriage are supposed to be strong and credible". Well your remark because he is a man there is nothing to do with the way USCIS will adjudicate his case. Women and men must prove bonafide marriage. Being a provider? I didn't get it, we don't have in the Immigration Law anything specifying the man must be the provider, or because he is the provider his case will be adjudicated different. Keep in mind every year almost 2.000 Vawa cases are denied, and 98% of the cases were filed by women, not men. Then I think you are a bit confuse regarding your thinking. USCIS will adjudicate the case based in the violence suffered and bonafide marriage if the individual is a man or a woman USCIS can't care less.

Current stats for VAWA unit at the VSC:

TOTAL i-360 Approval rate

2009 8,534 79%

2010 8,360 71%

2011 9,209 68%

source: www.fas.org/sgp/crs/misc/R42477.pdf

[Stillalive 4]

Stilaalive you said "you failed to overturn the decision about Bona Fide marriage thats why you are getting the second RFE, kind of second chance to overturn the situation, keep in mind you are a man not a woman, so you know what I mean, you are a provider (USCIS-point of view) so all your evidences about Marriage are supposed to be strong and credible". Well your remark because he is a man there is nothing to do with the way USCIS will adjudicate his case. Women and men must prove bonafide marriage. Being a provider? I didn't get it, we don't have in the Immigration Law anything specifying the man must be the provider, or because he is the provider his case will be adjudicated different. Keep in mind every year almost 2.000 Vawa cases are denied, and 98% of the cases were filed by women, not men. Then I think you are a bit confuse regarding your thinking. USCIS will adjudicate the case based in the violence suffered and bonafide marriage if the individual is a man or a woman USCIS can't care less.

hey Sandra!!!

let's be honest here ok!!! Law is a system of rules that a particular country or organisation recognizes... in this case we are talking about I360VAWA/USCIS and there is some rules to follow. Anyone who says "the individual who filled I360VAWA is a man or a woman USCIS can't care less" is lying. "Don't judge a book by it's cover. But remember, books have covers for a reason." VAWA stand for The Violence Against Women Act. keep in mind this a federal law. as Title IV, sec. 40001-40703 of the Violent but can be really tricky based on situations or the person working on your case/file. Vermont make or made decisions based of evidences, rules and come senses, if your case doesnt make sense to you dont think It will make sense to Vermont.and for that number dont lie http://www.uscis.gov/portal/site/uscis/menuitem.2540a6fdd667d1d1c2e21e10569391a0/?vgnextoid=0609b8a04e812210VgnVCM1000006539190aRCRD&vgnextchannel=0609b8a04e812210VgnVCM1000006539190aRCRD&path=%2FB9+-+Battered+Spouse+or+Child

once again number dont lie about malesVSfemales filling I360VAWA, guess what man always failed because he can prove he were living with her wife or bonafide marriage,something rare when It comes to woman... that is what always the decision look like for male The director denied the petition for failure to establish that the petitioner resided with his wife, entered into marriage with his wife in good faith, and that he complied with the provisions of section 204(g) of the Act.

Just for the record Im a student in law school.

[Macbook 2]

Probably is little bit easier for woman to get approval. I send all document what I had regarding Bona Fide marriage. Unfortunately my wife has more but if i ask for it, I will put my life in danger. (I'm not paranoid). I have a lot of affidavits from ppl but lease, pictures bank statements etc are with her and I absolutely have no access to it.

I will try to get some of papers but I don't know.

How long time do they usually give to send paperwork? And how long will it take after they receive it?

Thank you guys for all help. You are like my second family!

[Sandra G. 5,043]

Stillalive I won't even bother your non sense thinking and informations. As you said you are still a law student. I have 22 years experience working as a Lawyer. What you think is not the reality, I deal with Vawa Law on a daily basis and I had more than 6.000 Vawa cases approved in my career , then what you think can't change what my experience proved to me until now.

Edited September 19, 2012 by sandranj

[loveme 4]

Im waiting for over 10 months now... learning from some of the cases here I feel i still have a long way road. I havent gotten any RFE yet and i had 2 Prima F so far...My lawyer says the USCIS is working on the cases (we know they are) but why is taking so long to issue at least a RFE. My ex husband withdrew the 130 and 485 last year and for some reason they send all the letters to my adress...as well there was a letter saying that his request was sent to the Vermont Center...(what request?) does someone has any idea what that means?... I know he was trying so hard to hurt me in any single way and Im scared he would like to get into my files at the Vermont Center. My lawyer says nobody can have information about my case...but after all this nightmare Iam still afraid of him.

I would really like to know more about this letter sent to Vermont... Sandra is this even possible???? I believe what ur Lawyer have told u, Vawa are very confidential and `they will not take anything sent to them from the abuser ... Am i right Sandra??/

[Sandra G. 5,043]

Macbook you don't know yet what USCIS is asking you because you didn't get the letter, then just wait and soon you will find out. Usually they give you 87 days to answer the RFE. The USCIS memorandum says they supposed to give the decision in 14 days after receiving the RFE answer, but unfortunately some people are waiting five,six months, but if in 30 days after answering the RFE you still don't a have a decision call them and let them know you are considering to file a "writ of mandamus" then they may adjudicate your soon.Every single Vawa case that I submitted was approved, and I submitted cases representing men and women. We live in the Unites States of America, our system doesn't discriminate people on the basis of race, sex and religion.

You said your wife kept the bank statement,lease etc...if you had a joint bank account you can ask the bank to give your statement.Is she still living in the same house? if she is not living there anymore you can ask the landlord a copy of the lease agreement. Get your phone bill statement online,ask to your friends and family to forward the pictures that you emailed them when you were married, i bet they have a lot of pictures. If you travelled with her by plane and stayed in a hotel email the hotel and ask to send you copy of the invoice, email the travel agency and ask them copy of your airline ticket.If you went to the doctor or dentist and call them and ask them to mail you the invoices, if you filed joint tax return call IRS and ask them to fax over the IRS transcript.If you have your name in some utilities bills such as cable,tv,internet, electric bill then access your online account or create one and print it out the bills etc...

[Sandra G. 5,043]

Love me Vawa cases are confidential and they are prohibited to disclose any information to a third-party. Maybe he sent a letter to Vermont, most of the abusers use to do that, but in any circumstances USCIS will confirm if you have a case with them or not. I am an attorney and if I call USCIS to obtain any information about your case they won't disclose with me at all. Sometimes people email me asking if i could call USCIS, but I always say they are not allowed to disclose information and/or records about you to a third party.

If the alleged abuser emailed or mailed Vawa Unit or ICE with some informations and/or documents they will read the documents received, but it doesn't mean they will adjudicate your case based in his letter and/or documents.

If you think they violated the Vawa Confidentiality provision then you should submitted in writing a complain to the Office for Civil Rights and Civil Liberties (CRCL). The CRLS is statutorily obligated to review cases of abuses of civil rights on the basis of race, gender, ethnicity, or religion by DHS employees and immigration officers.

http://www.dhs.gov/xlibrary/assets/crcl-complaint-submission-form-english.pdf

Edited September 19, 2012 by sandranj