VAWA Part 2

[belinda63 3,031]

How are you going to prove your spouse gave you the STD and you didn't obtain it yourself from outside the marriage?

[Sandra G. 5,043]

singleDad2uscs mental abuse is a form of abuse characterized by a person subjecting or exposing another to some kind of acts such as controlling, degrading, rejecting, isolating, insulting,humiliating,belittling,manipulating, intimidating ,economic controlling,name calling, extreme jealously and possessiveness, and because of the abuse the victim developed some psychological trauma including anxiety, chronic depression, dissociation or post-traumatic stress disorder.

Many people think just need to tell USCIS they were mentally abused, well besides to prove they were abused, they have to prove that the abuse resulted in some psychological trauma including anxiety, chronic depression, dissociation or post-traumatic stress disorder etc...and they MUST show that the effects of the abuse left them with some behavioral problems such lack of attachment, lack of empathy, poor social skills, developed poor self-esteem,became emotionally unstable or unresponsive, started with destructive behavior etc...The alleged victim of mental abuse must prove that her/his mental health had been damaged.

Edited September 26, 2012 by sandranj

[Hugh Cole 0]

Single dad is not new policy but Vawa Unit understood in several cases that the US Citizen or LPR used their status, used their "power" to control the alleged victim, threatening to deport her/him. It's a completely different case if the couple and/or one spouse didn't have the money to file AOS, but the individual that DELIBERATELY do not file AOS expecting with that the "alleged victim" obey,follow his/her rules is mentally abusing the spouse . Failure to pay child support is not abuse!. The abuser "get pleasure" inflicting pain.

Sandranj & US

I didn't file for AOS because after we were married she didn't return to my house hold for 8 months. We got married early August in my state, she was in school in another state and said she was coming back in two weeks when Summer semester was up. She didn't come back to my home and ended up staying through the next year. Then when she did come back we obviously had issues about this and I left the home after 3 months of living with her. We made one more attempt at reconciliation but that lasted 3 months. So although 2 years married we were only physically in the same home 6 months. And for 8 months she was in another state.

I never mentally abused her and always treated her with respect. She had a younger lover from the onset it looks like. Anyway It just is not balanced that I can't show the court that she is applying for 1-360 which I believe is the motive for the abuse claim. Yes I deliberately did not file a AOS but that was because I had doubts about whether she was forthright in the marriage from the get-go-- not because of mental abuse or power games.

And Sandra the basis for the Annulment is fraud (visa fraud) so if the Courts that the case I can't believe the UCIS wouldn't look at it. As I mentioned the father of her baby is facing deportation proceedings now in my understanding as a result of the court annulling his marriage to a US citizen for fraud.

As the male and other party I feel totally powerless and can't believe the justice system doesn't even let me produce evidence--

ugh

Thanks all

Hugh

Edited September 26, 2012 by Hugh Cole

[Sandra G. 5,043]

HUGH COLE if you file an annulment based that she got married for the sole purpose of becoming a permanent resident of the United States and the annulment is granted then you can send to ICE and USCIS copy of the document. They will open a file or they will add the informations on her file, if she filed Vawa already,when they will adjudicate the case they will look EVERYTHING in the file, but you won't be able to find out about their decision.As I said before I saw several cases the individuasl had their marriage annulled and despite that the individuals got their Green card, but each case is different. They will adjudicate the Vawa case based in EVIDENCES/PROOF of the domestic violence or mental abuse and bonafide marriage!, if she fails to prove bonafide marriage they will deny her case.

Edited September 27, 2012 by sandranj

[SingleDad2usc 71]

Very pointed explanation indeed. Now, in case of one assault conviction (one act of physical abuse) - no mental harm needs to be proven?

singleDad2uscs mental abuse is a form of abuse characterized by a person subjecting or exposing another to some kind of acts such as controlling, degrading, rejecting, isolating, insulting,humiliating,belittling,manipulating, intimidating ,economic controlling,name calling, extreme jealously and possessiveness, and because of the abuse the victim developed some psychological trauma including anxiety, chronic depression, dissociation or post-traumatic stress disorder.

Many people think just need to tell USCIS they were mentally abused, well besides to prove they were abused, they have to prove that the abuse resulted in some psychological trauma including anxiety, chronic depression, dissociation or post-traumatic stress disorder etc...and they MUST show that the effects of the abuse left them with some behavioral problems such lack of attachment, lack of empathy, poor social skills, developed poor self-esteem,became emotionally unstable or unresponsive, started with destructive behavior etc...The alleged victim of mental abuse must prove that her/his mental health had been damaged.

[SingleDad2usc 71]

lostinnc, before you post - always first figure out who is who, what is what. I have nothing to do with Hugh Cole&his case, so if you have a message for Hugh Cole&his case - don't quote me.

I'll repost my VAWA question: I'm a victim of spousal assault3, to which she pleaded guilty and served 13-months court-ordered therapy, for which exact period I was granted order of protection. Does VAWA require me to prove I was also mentally hurt?

[belinda63 3,031]

Assault does not equal abuse. Many people are assaulted every day and suffer no long term effects from it. Abuse is a pattern which harms the person physically and/or mentally. Physical contact is not necessary for abuse just as it does not equate to abuse. A person can be mentally and emotionally abused without ever having physical contact with a person. To give an example, during my divorce my now ex had temporary custody of the children but there was no written visitation order yet. He would bring the children when he wished and if I did not do or act the way he wished, he would pack the children up and tell them "say bye to your Mom, it's the last time you will see her". Even doing this only one time could not be considered abuse, but a continued pattern of behavior such as this could if it affects the person.

[SingleDad2usc 71]

Thanks, but my question is on subject of abuse. My question is on VAWA requirements.

I think I saw somewhere a mention: VAWA (at minimum) requires Mental Abuse OR an act of physical violence suffered. Am I wrong?

[newimmigJD 0]

HUGH COLE if you file an annulment based that she got married for the sole purpose of becoming a permanent resident of the United States and the annulment is granted then you can send to ICE and USCIS copy of the document. They will open a file or they will add the informations on her file, if she filed Vawa already,when they will adjudicate the case they will look EVERYTHING in the file, but you won't be able to find out about their decision.As I said before I saw several cases the individuasl had their marriage annulled and despite that the individuals got their Green card, but each case is different. They will adjudicate the Vawa case based in EVIDENCES/PROOF of the domestic violence or mental abuse and bonafide marriage!, if she fails to prove bonafide marriage they will deny her case.

Cannot find out. Sure? If i-360 approved but confidential and AOS given with green card, then by proxy that says VAWA was Approved.

Bona fide marriage could still be romance fraud and many of these men and women have willful and deceitful misrepresentations to the USA. VAWA unit adjudicators need to get a strong American spine. Thankfully the denial rates are going up. VAWA fraud is bad for the USA and hurts innocent men and women looking for their soulmates.

As for the jerks who do abuse, VAWA needs to definitively prove abuse. Not some sham psychological BS with no proof, no witnesses, etc.

[Sandra G. 5,043]

Singledad2usc if your Vawa is based in physical abuse then you do not have to prove mental abuse,but if you will file form I-360 based in physical abuse and mental abuse then you have to provide evidences of physical and mental abuse.I am posting here a psychological Evaluation sample extracted from google.

http://www.pacwcbt.pitt.edu/Curriculum/308%20AdultMentalHealthIssues/HO/HO%2017%20Sampe%20Psych%20Eval.pdf

[SingleDad2usc 71]

Thanks a million Sandranj, but just to be sure:

I think I saw it mentioned somewhere: VAWA (at minimum) requires proof of Mental Abuse

OR

proof of an act of physical violence suffered. My understanding was that if second variation is proven (i.e. spouse pleaded guilty in court to a physical attack resulting in physical injury (even if victim didn't seek medical treatment), then it was enough ground under VAWA, and no long-lasting effect needed proving. Am I wrong?

[newimmigJD 0]

newimmigJD how dare you question my honesty? I am a member of the VJ almost 8 years and I filed several Vawa cases for members of the VIsa Journey and I never ever charged one single dollar.I am a former prosecutor. I own a non profit organization who helps victims of domestic violence. I worked for the United Nation for several years. My past and my career show very well who I am. I am not here in the VJ to get Immigration cases. I don't need that sweet heart.

(edited to remove TOS violation)

I didn't question your honesty dear. I questioned how a poster can say you are honest based on an anonymous series of posts on VJ. That being said you do give good advice, but honesty is proven by other means.

The question of honesty in VAWA now comes down to a one sided claim of victim's claim of abuse, both male and female, with limited ability to look at both sides of the story. That seems a bit unfair and unjust and not much of an investigation. Doesn't that open the door for people around the world to simply work the system then get the rights and priveleges of an LPR at the tax payers expense? Not where i want my tax dollars going.

I don't attack or judge anyone. I question authority.

Edited September 27, 2012 by Kathryn41

[Hugh Cole 0]

ok so let me get this straight! You "paid" to get a Russian bride, she came over here

(rest of post removed due to TOS violations)

Lostinnc

I am not sure where the hostility is coming from but I wish you peace.

I did not "pay" to get a Russian bride. I met her in the US while she was studying. We met from a mutual friend of mine that I knew from living in Europe. I am not sure what you mean about "perverted games". The mutual friend turned out to have his marriage annulled because the Court decided his case was immigration fraud. If your bride says that she will join you two weeks after the marriage and then doesn't come back and the friend that introduced you is being deported this led to natural suspicions of her true intent in my view so I wanted to see if she was sincere. Likewise 2 months into the marriage, when she still hadn't returned to my home, I found out she was having an affair with another guy. I still thought there may be a chance to save the marriage.

I don't want access to get her VAWA file actually; rather admission that she filed one and this demonstrates motive (in my opinion) for filing a false domestic abuse order on her. I went to law school actually although I dont practice and I was surprised to see that a judicial system takes into this type of "one sided" information. Of course I realize women are truly beaten by mentally ill men. My point was from a legal point of view that it creates incentive for a woman to claim abuse in order to get LPR. Whether she gets status or not is probably beyond my control. I wish her the best. I simply want to make sure that I am able to show my side of the story regardless what happens. I hope that she is happy in the future with or without the father, with or without me. But I will sue for defamation on the abuse charge so I can clear my name. I wasn't even in the state when she claimed I hit her and I was unable to show this in court.

And as I mentioned before, when I found out she was pregnant I considered raising he child as my own and staying married to her until she filed the false Protection Order claiming I hit her. I am not sure many men would have done that it my situation. I even arranged to pay for counseling for her and the fathers baby to see how we could manage this.

Kindly refrain from profanity, have a glass of wine and realize that not everyone in the world is out to get you.

Hugh

Edited September 27, 2012 by Kathryn41
to remove TOS violations

[SingleDad2usc 71]

newimmigJD and HughCole: objectively, this one thread is being utilized by VAWA filers to exchange help. You two do not help VAWA filers, so please choose other threads. Objectively, there are tons of other places on VJ for your posts. Just leave this thread alone

[Hugh Cole 0]

newimmigJD and HughCole: objectively, this one thread is being utilized by VAWA filers to exchange help. You two do not help VAWA filers, so please choose other threads. Objectively, there are tons of other places on VJ for your posts. Just leave this thread alone

SingleDad kindly which other thread do you believe would be better?