New to VAWA, need help.

[inpeace 5]

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.

I'm not really sure about this CASE, it will be really hard to proved that you have been abused but you have not sought any help to leave this abusive relationship, that's why they have shelters and hotlines for this kind of situations...

[Joe Bue 0]

With respect and kindness can someone answer these questions first and then I will answer your questions.

1) 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?

2) 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?

3) 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?

Edited October 12, 2011 by Joe Bue

[Bsze 50]

WE can't give you accurate information if you can't give us accurate information. We don't even know if you have a basis to adjust based on VAWA. Why would you be unwilling to answer those questions beforehand? How do we know if you will even answer our questions after you get the information you think you need? If you want help from people on the forum, the least you could do is give us the big picture.

The I-360 is not eligible for a fee waiver but the I-485 might be if you fit very specific criteria. You can google that yourself.

Edited October 12, 2011 by Bsze

[Bsze 50]

Here.

EDIT: Read no. 2 on the article. You are eligible for a fee waiver under VAWA but a quick internet search indicates it's not easy to obtain.

Edited October 12, 2011 by Bsze

[Joe Bue 0]

WE can't give you accurate information if you can't give us accurate information. We don't even know if you have a basis to adjust based on VAWA. Why would you be unwilling to answer those questions beforehand? How do we know if you will even answer our questions after you get the information you think you need? If you want help from people on the forum, the least you could do is give us the big picture.

The I-360 is not eligible for a fee waiver but the I-485 might be if you fit very specific criteria. You can google that yourself.

Because I have been in immigration forums before and some people lead away from the original questions I ask, that is why I was deliberately vague. But as you can see I think Ive asked 4 questions since and everyone is asking me questions, which I can understand but I really do not have time on my side (looking after my children is time consuming) at the moment when I file I-360 which means a lot of things to do I can tell my story.

I have not left my wife because at first I was going to, 6 months into our marriage. Then my two step children were upset I was leaving. My step son said his teacher thought my wife was bipolar I had never heard of bipolar so I looked it up but after reading more I think she is more borderline and histrionic ( it is common to mistake bipolar for borderline, they are similar). I decided to stay believing my wife could be cured. My eldest step child left to his grandparents when he was 10 after the abuse from his mother and my second eldest 2 1/2 years ago.

I believe my wife has these disorders and I would rather stay and help her. Likewise if my wife was drowning I wouldn't say sorry its too risky to save you I'll get a divorce instead. I love my wife and although the abuse has turned into violence I believe I should be here for her.

I have tried to get her to move to my country but she won't. When my wife is good she is very good but when she is bad she is very bad. She is the master of gaslighting.

Okay that's my bit can someone answer some of my questions now and I'll tell you some more.

[Joe Bue 0]

I have just been to the library to get a book I ordered its about 'dialectical behavioral therapy', this is one of the best things for curing borderline. I believe my wife will get better one day and we will have a better marriage.

[inpeace 5]

I really dont know what to tell you. I have never heard of anybody (here in these forums) that have applied for vawa but are still with the abuser. Why dont you apply for the adjustment of status instead based on the I130 (you have never filed for papers yet)? I think it would be easier. good lcuck

[Imperium 81]

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.

In cases such as one you mentioned, USC Abuser has the right and so called legal ability to go against abused spouse to seek a court order under the protection of flight risk. Although it will be time consuming for both, abused spouse may not enjoy same resources that his abusive partner has.

In cases, Abused spouse must have certain degree of legal or procedural ability to follow up. An abused spouse for the purpose of this post, is an alien who has no documentry evidence of lawful presence or in certain cases a non-immigrant with valid status. In either case, it will be very difficult if not impossible to afford taking custody of your children. No parent in a proper sense wants to go to shelter at least for an extended time. In these circumstances, abused aliens are left at the mercy of their abusive spouse until they obtain an legal right to claim any thing.

Vawa af course allow an abused spouse to apply without his/her abusive partner, however in caes of child involvement, VAWA prima facie allows quick legal ability to mobility, procedural and social remedies.

I respectfully value your concerns, however abusive spouse has enormous control whenever their is a common child involved.

[ladyg 10]

Yes send them to vermont service center because thats the only center that deals with vawa cases .As for the police clearance Department of justice website of your state and print a form that is asking for livescan for immigration purposes.Then take that form with you where they do livescan in your area then the department of justic will send you a clearance form within 2 weeks then send it together with your i-360 based on vawa.If you dont have money to pay for your i-485 ask for a waiver and dont listen to what people are saying ,I filed for vawa whilest still with my husband in january and we only gat separated in june ,pending divorce now and today I went for my i485 interview and was approved on the spot.I wish you all the best and if you have any questions ask we are here to help one another.

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?

[Joe Bue 0]

I really dont know what to tell you. I have never heard of anybody (here in these forums) that have applied for vawa but are still with the abuser. Why dont you apply for the adjustment of status instead based on the I130 (you have never filed for papers yet)? I think it would be easier. good lcuck

You could tell me how you got your background check as stated in your signature "12/18 sent background check"

1) 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?

[Bsze 50]

Because I have been in immigration forums before and some people lead away from the original questions I ask, that is why I was deliberately vague. But as you can see I think Ive asked 4 questions since and everyone is asking me questions, which I can understand but I really do not have time on my side (looking after my children is time consuming) at the moment when I file I-360 which means a lot of things to do I can tell my story.

I'm sorry about the difficult time you are going through and I hope your wife gets better very soon. I also applaud you for choosing to stay with her out of love. However, I think being vague only led to more questions being asked (at least on this particular thread). If you had taken the time to tell us this in your original post, you might have gotten an answer sooner as people would have more information on your situation. This #######-for-tat, you answer my questions, then I answer your question route isn't very helpful. People can offer more constructive advice when they know the circumstances.

That aside, is your wife unwilling to file the AOS with you? Is that why you are going down the VAWA route? I'm just trying to understand why you are so set on a potentially difficult path because filing the I-485/I-130 would be faster and easier since you are staying with her. Also, calling your local police station would be the quickest way to answer question 1.

Edited October 12, 2011 by Bsze

[ladyg 10]

Iam speaking with my "own experience" dont how others got there police clearance.But when I received a REQUEST FOR EVIDENCE on good moral charactor which is a police clearance USCIS sent me a letter which had instruction to online on DEPARTMENT OF JUSTICE website for the state which I live in ,the form is VISA/IMMIGRATION form BCIA 8016VISA print it out fill where applicable and take it where they do livescan for finger print then those people will send your form to department of justice in your state who will put you in data base to see if you have any criminal record,Once there done they will send you that form clearing you if you have no criminal record ,then its your job to send it to vermont service center thats what I did and it took me 2 weeks .

You could tell me how you got your background check as stated in your signature "12/18 sent background check"

1) 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?

[inpeace 5]

I went to local police station, asked then that I wanted to do a state clearance. They sent me to this finger print place.

[Joe Bue 0]

I went to local police station, asked then that I wanted to do a state clearance. They sent me to this finger print place.

Can I ask how much you paid for the clearance?

[Joe Bue 0]

Regarding AOS:

We got married at the end of March 2008 in early April 2008 I went for my medical my wife filled in the AOS forms and I waited to hear from Immigration and waited and waited, in June I told my wife that I was concerned that I had not heard from immigration, she said not to worry. In July 2008 I told my wife that there was an immigration office in our town and that I was going to see them, once again my wife wasn't as concerned as me and said not to worry, 2 days later I got a phone call from immigration the IO said that they had my papers and they were processing them. I was really happy at first but thought to myself how the IO sounded like one of my wifes work colleagues. The fact was my wife never sent my papers in and she either got her work colleague to call me or he decided to do it himself.

Whenever I asked about AOS she would give various excuses: 'I don't need one I should get a cash under the table job', 'My friend married a Canadian 15 years ago and she still does not have a green card and she is not concerned'' We'll have a look into doing the AOS in 3 years time'. Its excuse after excuse and if I go on about it she starts an argument.

My wife is just not concerned about it, even though she knows it stresses me out not to have a greencard.