New to VAWA, need help.

[Joe Bue 0]

I have been advised to apply for a VAWA but I need help, I don't know really where to start. I have been advised to see a lawyer but I can not afford one, so hopefully I would like to apply for myself.

I have a I-360 form:

When it asks for children names do I name my wife and our 2 children and my three step children ( my wife's kids) or just my wife and our 2 children?

When I have completed the I-360 form where do I send it to?

When I have mailed the I-360 form what happens next?

[inpeace 5]

I have been advised to apply for a VAWA but I need help, I don't know really where to start. I have been advised to see a lawyer but I can not afford one, so hopefully I would like to apply for myself.

I have a I-360 form:

When it asks for children names do I name my wife and our 2 children and my three step children ( my wife's kids) or just my wife and our 2 children?

When I have completed the I-360 form where do I send it to?

When I have mailed the I-360 form what happens next?

I'm not sure I understand your situation. VAWA is for battered spouse, are still with your wife?? Do you wanna apply based on what?

Edited October 11, 2011 by inpeace

[ladyg 10]

First and foremost on what condition are you filing your vawa? You will have to send your vawa i360 to Vermont service center thats the only center that deals with vawa based on marriage.If you are filing based on emotional,mental or physical abuse you need to enclose your proof of that ,you need to enlcose the following too,marriage certificate,if divorced your divorce should be no more that 2 yrs ago,proof of your spouse being US citizen could be copy of there passport,birth certificate or drivers licence,you need proof that you entered marriage in good faith,police clearance that you are a person of good moral conduct,proof of address where you live.Copies of joint account and thing that has both your names.You also need to write a letter explaining how you have been abused,how you met and how you been affected by the abuse and what you have dont to seek help.I suggest counseling if its emotional abuse,if its physical they need police report and pictures of injuries,letter from the doctor.Also you can ask friends or relatives that have witnessed the abuse to write you letters to sent to immigration together with your application.You dont need a lawyer if you have everything .As children are concerned you dont include them in the petition only if thy were born outside the USA you came with them from your country then yes as they will need to adujust status,but if you have kids with your wife/husband together then you can include them in your story(testmony) enclose copies of your birth certificate and also the children born in marriage or ouside the USA,your spouse children no need to as they are hers/hers but can be mentioned in the testmony.Also try to go to local shelters in your area they help with VAWA .I didnt have a lawyer and my case was approved and have interview to adjust statues in a few days and my kids I came with from my country where in my petition and included in the approval .All the best and by the way its a long process dont mean to scare you but you have to be strong and patient.

I have been advised to apply for a VAWA but I need help, I don't know really where to start. I have been advised to see a lawyer but I can not afford one, so hopefully I would like to apply for myself.

I have a I-360 form:

When it asks for children names do I name my wife and our 2 children and my three step children ( my wife's kids) or just my wife and our 2 children?

When I have completed the I-360 form where do I send it to?

When I have mailed the I-360 form what happens next?

[ladyg 10]

Sorry meant to write what you have done to seek help ,also include photos of your wedding or vacation together as a family.vawa i360 form in free but you can file together with form i 485 which you have to pay for ,also form i765(EAD) which you dont need to pay for as long as you pay for i 485.MOST IMPORTANT your story is what carries much WEIGHT.Explain in detail how you been abused ,dates and time are also important and how you reacted in the situation ,as for me I didnt have police report of counseling but I typed a 12 paged story explain how i met my spouse ,how i came here and when the abuse started and i gat approved.

[Joe Bue 0]

I'm not sure I understand your situation. VAWA is for battered spouse, are still with your wife?? Do you wanna apply based on what?

I am still with my wife. It is based on physical, verbal and psychological abuse.

[Joe Bue 0]

Sorry meant to write what you have done to seek help ,also include photos of your wedding or vacation together as a family.vawa i360 form in free but you can file together with form i 485 which you have to pay for ,also form i765(EAD) which you dont need to pay for as long as you pay for i 485.MOST IMPORTANT your story is what carries much WEIGHT.Explain in detail how you been abused ,dates and time are also important and how you reacted in the situation ,as for me I didnt have police report of counseling but I typed a 12 paged story explain how i met my spouse ,how i came here and when the abuse started and i gat approved.

Thank you for your help. I have more questions.

I'm confused when you say mail the I-360 to Vermont Service Center, 75 Lower Welden

St. Albans, VT 05479-0001, I looked at the 'Download Instructions for Form I-360' on the www.uscis.gov website it says 'If you live in: New York; File your application to USCIS PO BOX 660867 Dallas, TX 75266. Have I read it wrong, is this the wrong address or do I send it to Vermont Service Center?

What do I do for 'police clearance', do I go to my local police station and ask for a police clearance and if so does this cost money? or do I have to do something different?

When I apply for I-360 I would like to apply for I-485 and I-765 (EAD) but I don't have the $1070 to pay for I-485, is there a waiver for this? Is it possible to get a I-360 and I-765 (EAD), that way I could work and then pay for the I-485 myself?

[inpeace 5]

Ok first of of all you can't file for vawa when you are still married living together.... I'm sorry but it makes no sense... If you are still together than you should just apply for the i130. Vawa is not a easy path for man, unless you can really prove that you have been abused....

[Joe Bue 0]

Ok first of of all you can't file for vawa when you are still married living together.... I'm sorry but it makes no sense... If you are still together than you should just apply for the i130. Vawa is not a easy path for man, unless you can really prove that you have been abused....

Wow I am confused is VAWA and I-360 not the same, what is the difference?

[Bsze 50]

If you've been abused by your spouse, why would you still be with her? The I-360 allows the battered spouse of a US citizen or permanent resident to self-petition but you must of course prove that this emotional, psychology and physical abuse actually took place. However if you are still with your abusive partner, that diminishes your credibility greatly in the eyes of USCIS because they would be wondering the same thing we are - why are you still with her then?

If you choose to be with her, abusive relationship or not, then you can adjust status based on your marriage with her (assuming she's a US citizen). If you choose to leave her and have strong evidence of this abuse, then you can adjust with VAWA.

Edited October 12, 2011 by Bsze

[inpeace 5]

Wow I am confused is VAWA and I-360 not the same, what is the difference?

VAWA and i360 are the same... I130 is the petition that your wife could/should have don for you when you guys got married... Is she even american or legal?? who did you suffer abuse from? your wife? than why are you still with her? I'm not sure you understand what vawa is. You should do some research before you apply, like I said for a man vawa is even harder. So make sure you get your story straight before you apply.

[inpeace 5]

I'm sorry Joe, I'm not trying to disencourage you in any way, just make sure you understand what vawa is before you apply.

Edited October 12, 2011 by inpeace

[Bsze 50]

VAWA and i360 are the same...

Actually, VAWA and the I-360 are not the same. VAWA stands for the Violence Against Women Act and USCIS allows a battered spouse, child or parent of US citizens or permanent residents to petition for themselves under this act. The I-360 is the form you fill out to petition for yourself.

[Imperium 81]

If you've been abused by your spouse, why would you still be with her? The I-360 allows the battered spouse of a US citizen or permanent resident to self-petition. Therefore, you must prove that this emotional, psychology and physical abuse actually took place. However if you are still with your abusive partner, that diminishes your credibility greatly in the eyes of USCIS. Is your wife a US citizen?

This applicant can still file I-360 given his circumstances (kid's safety and etc). There are no current guidelines that specifically dictate a divorce or seperation. He can argue that later on he will seek divorce or he is not doing so because he is concerened about his kids. In cases such as VAWA, an abuser follows patterens of abuse and those patterns are not only limited to spouse. An abusive spouse is in fact an abusive parent as well at least in most cases if not all.

Uscis, indeed understands the complexities surrounding most VAWA applicants and therefore seek no such alternatives that could harm the applicant or the children.

Edited October 12, 2011 by CASE2011

[Bsze 50]

An abusive spouse is in fact an abusive parent as well at least in most cases if not all.

I disagree but that's a discussion for another time. However, let's say we follow that line of thought and assume that his wife is abusive towards their children as well, my question would be: why did/would you not remove your children from that environment? If she's already hurting them, why apply for VAWA (which is a long and complicated process) and then wait for the divorce before you leave? VAWA allows a battered spouse to apply without the US citizen sponsor.

To the OP, I'm not sure what you mean when you say you are still "with your wife". Does it mean you're still married but you're not living together? If so, do you have proof of this abuse? Additionally, there is no waiver for the fees and no repayment plan either.

[inpeace 5]

Actually, VAWA and the I-360 are not the same. VAWA stands for the Violence Against Women Act and USCIS allows a battered spouse, child or parent of US citizens or permanent residents to petition for themselves under this act. The I-360 is the form you fill out to petition for yourself.

Thanks for the clarification...