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Casprd Proficient

Casprd   167

Posted
Filed: Country: China
 Timeline
Posted

As with most of these types of questions, the answer is "it depends". If the husband is engaging in a practice of hanging the I-130 over her head and using this to control her then most likely you can get favorable ruling under VAWA. If the husband is saying it's not working out and he doesn't want to be married to her and refuses to file the I-130 as a result then no, this is not abuse and she wouldn't get VAWA protections.

Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

A LPR husband refuse to file I-130 for his wife that has been begging him to do it. Could this be consider abuse and could she apply under VAWA? She lost his father in her country and couldn't travel, she has a son that would like to bring to USA.

If the OP is being used, such as: "if you have sex with me every day for a month then i'll get you a GC" then it's not good.. but ultimately, she could leave him, she isn't OWED a GC. You do things because you love a person so even if she did do those things thinking she'd get a GC then it just looks like she wanted the GC more than a relationship.

Usually I would say no because, as I said, she isn't OWED a GC. She should get out of the abusive relationship and return to her home country.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

inpeace Enthusiast

inpeace   5

Posted
Filed: AOS (pnd) Country: Argentina
 Timeline
Posted

A LPR husband refuse to file I-130 for his wife that has been begging him to do it. Could this be consider abuse and could she apply under VAWA? She lost his father in her country and couldn't travel, she has a son that would like to bring to USA.

Keep in mind that vawa is a long process and you need proof of everything you claim... Just saying the husband did this or that does not prove anything. If you are going to claim emotional abuse you need to prove that abuse: doctors letters etc.... Again, long and exhausting process...

nov 04 Went to interview by myself, told officer will aplly for vawa

11/04 I485 touched (still on initial review)

11/21 officer called lawyer about the I485 (btw: really nice IO)

12/10 apply for VAWA, without background check

12/11 lawyer drop off a copy of I360 for the IO

12/15 Prima faice received

12/18 sent background check, also sent a letter to IO asking to expedite the I485 to vermont to be linked with I360

12/31 I360 touched

08/04 Apply for EAD renew

08/18 receive NOA

08/26 new card ordered

08/31 new card ordered (again??)

09/01 notice of approval of I765... (where is my VAWA approval??? God help me...)

09/03 EAD arrived in the mail!! ufa!

10/03 Sent letter to renew prima facie and inquire about vawa status.

10/05 I360 touched- changed to "Request for evidence review" (WTH????)

11/27 Recieved prima facie extension

11/30 VAWA APPROVED!!!! yupiiiiiiiiiiiiii12/04 I360 Touched

12/22 Interview noticed for 01/23/12

12/26 Interview canceled by USCIS

12/31 New interview notice for 01/30/12

01/31/12 Interview and new biometrics done!!!

Penguin_ie Grand Master

Penguin_ie   5,996

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Is the wife in the USA? How did she get here?

If she is not in the USA at this time then VAWA does not apply at all.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

 
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