HAS anyone ever won a Vawa Appeal?

[UglyNerdManVJ 7]

Hi all i was denied my Vawa petition and I have filed for an appeal.

I have a lawyer.

They believe i have been battered. they believed we lived together.

the 7 requirements, i have satisfied all except good faith marriage.

My bills I have shown what i could things purchased for me by my wife. i shown our mutual residence.

I had sent them a email showing my wife refused to give me my bills.

I had shown both me and my wife are from a mutual cultural backround and many affidavits from friends who knew us as a loving couple.

These people include the best man at our wedding who wanted us to be his son's god parents. his wife at the time. photos of us as a couple with my bestman and his wife. photos of my wedding. affidavits from 2 uncles, one aunt. my god sister and cousin confirming she had been at family events and that she was the only girl i really every introduced to my family. In depth affidavits from my mother who came over frequently and paid for us. One from my step mother that she had met michelle as part of my family. Another from a friend who is in the military who supports my abuse that i tried working things out with my wife but she didnt follow through and our intent was to go to the airforce together. Another family friend whom i have known for over a decade i would bring my wife over to their home for holidays and many events wrote and knew about our plans and reaffirmed out intent was to go to the military. another friend reaffirmed i was serious and i went over his house with her for bbqs

My abuse included pyschological controls using my status to put me down she would mock me for not working and being sad yet shes the one who has to file my working papers? They want me to get a bank account with her but without a greencard/social security that is impossible! We do have debts and some things we acquired but I have emails showing she refused to share them with me. I have even recently begged her and i am submitting this..

The guys says friends..... and they do not know??? but i have family. I have submitted photos on a flashdrive, i have submitted multiple comments from us talking together. i have SUBMITTED video of us in bed hugging and kissing! i have VIDEO i sent. I have FAMILY all my affidavits are notarized! Notarized. this guy did not even ponder my evidence he just wanted bank statements property something impossible for me to have as an abused spouse as my spouse controlled that section of our relationship and I have Begged. BEGGED... what am i supposed to do. This director guy has denied me for NONSENSE... i feel he didnt even read ANY of my evidence. that not even counting the affidavits fo my abuse..

My lawyer said we should file and appeal because it makes no sense also to him. So has anyone else had any experiences with stuff like an appeal? I have sent them the original notarized statements by suggestion of my lawyer i have seen ppl tell me to refile but im afraid my evidence will be lost if so even if i have copies theyre not the originals.

This was my denial

Paragraph(7) above requires the self petitioning spouse establish that he or she entered into the qualifying relationship to the citizen of lawful permanent resident in good faith. With your I-360, you initially submitted several utility statements, lease agreement, and photographs, you were advised that this single document was insufficient to establish that you married your spouse in good faith. You were requested to submit additional evidence.

Your response was received in this office on August 22, 2011, and includes your personal statement and affidavits from many friends. However, while your friends speak well of you in their affidavits, they do not possess sufficient knowledge of your relationship with your spouse, and of your good faith intent in entering into marriage with Michelle. Further, in your self affidavit you describe the love and affection you had for your wife; however no evidence was submitted to corroborate this claim or to establish that your intent was to create a life together.

Consequently, you have not submitted documentary evidence showing that you and _______ shared a marital relationship whereby you shared bank accounts, the responsibility for bills, and other requirements associated with marriage. The evidence provided does not demonstrate that you and ______ commingled finances, and that following your marriage, you created accounts and debts, and acquired assets demonstrating long-term commitment to one another.

__________________________________

It just blows my mind! Our marriage was based on love and i introduced her to the whole of my family she was integrated with my family were from the same island when it comes to ethnic origin and culture just our religions are different. I have video of us and he says all that. Its like hes just injecting his opinion.. These people everyone all explictly knew us as a loving couple and they were part of our lives the ones who gave the affidavits which are notarized. many ppl speak of our intent was to be a joint military couple because we were poor. My wife didnt file for me because she was punishing me for seeking help or telling my mom about my abuse and some crazy things.. i couldnt keep it inside anymore.

So my status not getting health insurance econimic issues are beyond my control their in my abusers hands and they were tools to abuse me with and this guy wants that? all i can do is submit i have begged my ex wife now for them. I have a divorce decree of extreme cruelty also.

[UglyNerdManVJ 7]

im now sending like everything i have about over 70 pages of us talking arguing more evidence. ill print out pictures all over again. im resending my affidavits and pointing it out. im sending my divorce decree and the fact that she triedt o get alimony and equitable dsitribution where as she didnt even file my working papers and I won basically for extreme cruelty. I had proved i been battered and abused and controlled and it makes no sense of all of this hurting if i didnt love my wife.

This descision makes NO sense.

[san diego 407]

Unfortunately the only prove of good-faith marriage is financial. I would say you are waisting your time with everything else. It is easy to get affidavits from friends and picture. True prove is financial intermingling. Unless you obtain at least one of the following they will keep denying it:

1) Joint Apartment lease or mortgage

2) Joint bank account

3) Joint credit card or other debt

4) Mutual beneficiary on each other's life insurance.

5) You being on her health insurance plan

6) Joint car payments or joint car insurance.

You absolute3lyn need at least one of them to show commitment

Unless you at least have ONE of the above there is no way you will be able to prove. I understand that it stinks but unfortunately this is the truth.

[UglyNerdManVJ 7]

Unfortunately the only prove of good-faith marriage is financial. I would say you are waisting your time with everything else. It is easy to get affidavits from friends and picture. True prove is financial intermingling. Unless you obtain at least one of the following they will keep denying it:

1) Joint Apartment lease or mortgage

2) Joint bank account

3) Joint credit card or other debt

4) Mutual beneficiary on each other's life insurance.

5) You being on her health insurance plan

6) Joint car payments or joint car insurance.

You absolute3lyn need at least one of them to show commitment

Unless you at least have ONE of the above there is no way you will be able to prove. I understand that it stinks but unfortunately this is the truth.

i paid for our apartment she lived with me rent free isnt that providing something for her? i have hospital bills and we had charity csre she signed me up but those bills and debts and assets we did aquire are in her posession and she will not share them. i have proof of me asking her. not getting those things are part of my abuse and its defined as abuse by the ppl who did my domestic violence letter even. thats just crazy if what you are saying is true.

Edited October 17, 2011 by UglyNerdManVJ

[san diego 407]

I am sorry but it is true. They need to see financial intermingling as proof of the bona fide relationship. I am not sure what is crazy or not but this is the truth. It is irrelevant what you bought her. In fact, it may only be considered as negative since they may think you were paying her. I am sorry that this is happening but it is true.. You need to separate 2 issues here: 1) Proof of eligibility for VAWA and 2) Proof of bona fide relationship. You did provide sufficient proof for VAWA but not for the relationship.

[ladyg 10]

Its better to re-apply than to appeal.Its very rare for USCIS to be found that they didnt approval you when you had everything.I have seen people on VAWA forum that where denied instead of appeal they re-applied and were approved.I would recommend re-apply as there chances of being approved than appeal.Whilest you are re-applying work on your evidence,you can call the credits card company to give you statement or you can print them from online as you had joint debts ,since you paid for rent did you put her on the lease you can go ask for a compy of the lease from your former landlord.The uscis wont accepts letters to explain financial( bonafide marraige) from people.They want actual documents from companies.Please consider re-applying.

[thelastpetitioner 218]

It doesn't look like they JUST want financial proof.they are also pretty much saying all the proof you submitted , the letters from your friends and such is not enough.they want solid proof.I honestly don't know what they want,what would be considered solid,but it is what it is

[UglyNerdManVJ 7]

Its better to re-apply than to appeal.Its very rare for USCIS to be found that they didnt approval you when you had everything.I have seen people on VAWA forum that where denied instead of appeal they re-applied and were approved.I would recommend re-apply as there chances of being approved than appeal.Whilest you are re-applying work on your evidence,you can call the credits card company to give you statement or you can print them from online as you had joint debts ,since you paid for rent did you put her on the lease you can go ask for a compy of the lease from your former landlord.The uscis wont accepts letters to explain financial( bonafide marraige) from people.They want actual documents from companies.Please consider re-applying.

she wasnt on the lease i was and my mom. she just lived there wit us but i proved she lived there with backround checks and affidavits form other people, i also have some of her posessions still.

[ladyg 10]

she wasnt on the lease i was and my mom. she just lived there wit us but i proved she lived there with backround checks and affidavits form other people, i also have some of her posessions still.

With USCIS they want proof in black and white doesnt matter how many affidavits you send and how good there.I am talking with experience I filed for vawa too.Didnt have financial mingling with spouse but I managed to send bills of our son both in our names and also tax returns copies.Did you file taxes together as a marriage couple.If you have tax returns that will help.

[VanessaTony 3,567]

i paid for our apartment she lived with me rent free isnt that providing something for her? i have hospital bills and we had charity care she signed me up but those bills and debts and assets we did aquire are in her posession and she will not share them. i have proof of me asking her. not getting those things are part of my abuse and its defined as abuse by the ppl who did my domestic violence letter even. thats just crazy if what you are saying is true.

If your name is on the documents you should call the hospitals/insurance carrier etc to get a copy, you should be able to. You are legally entitled to a copy of anything that bears your name (even if she's included as well). Think of ANYTHING you can and call the appropriate institution.

[UglyNerdManVJ 7]

alright i do have hospital bills from the past as we both went she checked me in for emergency. i am going tommotow first thing.

i sent them one tax filing already. all i can do is get those bills. I had good intent getting married and multiple reinforce that. it was our future going to the airforce together. i cna prove she kept my finances from me through emails messages of her refusing to give me etc. i believed as a man my role was to take care of my wife. so i provided the home money for food everything i could. she benefitted from living with me.

but i can get hospital bills hopefully.

[ladyg 10]

alright i do have hospital bills from the past as we both went she checked me in for emergency. i am going tommotow first thing.

i sent them one tax filing already. all i can do is get those bills. I had good intent getting married and multiple reinforce that. it was our future going to the airforce together. i cna prove she kept my finances from me through emails messages of her refusing to give me etc. i believed as a man my role was to take care of my wife. so i provided the home money for food everything i could. she benefitted from living with me.

but i can get hospital bills hopefully.

Here is a question for you ,why dont you re-apply than appealing.Appealing USCIS will charge you a fee for that and like I said its rare for them to change there mind from denial to approval unless they had send you NOID before actual denial letter.You would have sent those documents you want to send now.Re-applying is free plus it will give you time to look for those documents becuase they will send you RFE .Think about it ,sometimes lawyers dont know what there doing .I had seen a lawyer before I applied for vawa who told me I had a weak case told me i had no proof of abuse and my case wouldnt be approved,as she wanted police report.My abuse was mentally,control,asolation name it except physical abuse.I filed my own papers and was approved.

[UglyNerdManVJ 7]

Here is a question for you ,why dont you re-apply than appealing.Appealing USCIS will charge you a fee for that and like I said its rare for them to change there mind from denial to approval unless they had send you NOID before actual denial letter.You would have sent those documents you want to send now.Re-applying is free plus it will give you time to look for those documents becuase they will send you RFE .Think about it ,sometimes lawyers dont know what there doing .I had seen a lawyer before I applied for vawa who told me I had a weak case told me i had no proof of abuse and my case wouldnt be approved,as she wanted police report.My abuse was mentally,control,asolation name it except physical abuse.I filed my own papers and was approved.

i am thinking of doing just that. my lawyer didnt want to overburden them with evidence and cut out tons of stuff i had given. i think he chopped down alot of my stuff i had originally wrote 17 pages into 3.

i will refile myself. how im going to do it I do not know how, but i can gather up all my evidences and resend it organized in a binder. even though i am on a forum when i think of my abuse the letters become jumbled when i look at my evidence my heart beats funny and i get flashbacks. i feel like i cant move when that happens. its gonna be hard but I think i should refile or start refiling anyways.

can i refile while my appeal is going through?

[inpeace 5]

Like i said before appeals hardly get overturned, unless you can prove that the officer committed a mistake on your case. You have to refile like ladyg explained... Good luck

There was a link somewhere o vj with cases that were sent to appeal, maybe you should take a look a that.

[patv29 0]

Hi all i was denied my Vawa petition and I have filed for an appeal.

I have a lawyer.

They believe i have been battered. they believed we lived together.

the 7 requirements, i have satisfied all except good faith marriage.

My bills I have shown what i could things purchased for me by my wife. i shown our mutual residence.

I had sent them a email showing my wife refused to give me my bills.

I had shown both me and my wife are from a mutual cultural backround and many affidavits from friends who knew us as a loving couple.

These people include the best man at our wedding who wanted us to be his son's god parents. his wife at the time. photos of us as a couple with my bestman and his wife. photos of my wedding. affidavits from 2 uncles, one aunt. my god sister and cousin confirming she had been at family events and that she was the only girl i really every introduced to my family. In depth affidavits from my mother who came over frequently and paid for us. One from my step mother that she had met michelle as part of my family. Another from a friend who is in the military who supports my abuse that i tried working things out with my wife but she didnt follow through and our intent was to go to the airforce together. Another family friend whom i have known for over a decade i would bring my wife over to their home for holidays and many events wrote and knew about our plans and reaffirmed out intent was to go to the military. another friend reaffirmed i was serious and i went over his house with her for bbqs

My abuse included pyschological controls using my status to put me down she would mock me for not working and being sad yet shes the one who has to file my working papers? They want me to get a bank account with her but without a greencard/social security that is impossible! We do have debts and some things we acquired but I have emails showing she refused to share them with me. I have even recently begged her and i am submitting this..

The guys says friends..... and they do not know??? but i have family. I have submitted photos on a flashdrive, i have submitted multiple comments from us talking together. i have SUBMITTED video of us in bed hugging and kissing! i have VIDEO i sent. I have FAMILY all my affidavits are notarized! Notarized. this guy did not even ponder my evidence he just wanted bank statements property something impossible for me to have as an abused spouse as my spouse controlled that section of our relationship and I have Begged. BEGGED... what am i supposed to do. This director guy has denied me for NONSENSE... i feel he didnt even read ANY of my evidence. that not even counting the affidavits fo my abuse..

My lawyer said we should file and appeal because it makes no sense also to him. So has anyone else had any experiences with stuff like an appeal? I have sent them the original notarized statements by suggestion of my lawyer i have seen ppl tell me to refile but im afraid my evidence will be lost if so even if i have copies theyre not the originals.

This was my denial

Paragraph(7) above requires the self petitioning spouse establish that he or she entered into the qualifying relationship to the citizen of lawful permanent resident in good faith. With your I-360, you initially submitted several utility statements, lease agreement, and photographs, you were advised that this single document was insufficient to establish that you married your spouse in good faith. You were requested to submit additional evidence.

Your response was received in this office on August 22, 2011, and includes your personal statement and affidavits from many friends. However, while your friends speak well of you in their affidavits, they do not possess sufficient knowledge of your relationship with your spouse, and of your good faith intent in entering into marriage with Michelle. Further, in your self affidavit you describe the love and affection you had for your wife; however no evidence was submitted to corroborate this claim or to establish that your intent was to create a life together.

Consequently, you have not submitted documentary evidence showing that you and _______ shared a marital relationship whereby you shared bank accounts, the responsibility for bills, and other requirements associated with marriage. The evidence provided does not demonstrate that you and ______ commingled finances, and that following your marriage, you created accounts and debts, and acquired assets demonstrating long-term commitment to one another.

__________________________________

It just blows my mind! Our marriage was based on love and i introduced her to the whole of my family she was integrated with my family were from the same island when it comes to ethnic origin and culture just our religions are different. I have video of us and he says all that. Its like hes just injecting his opinion.. These people everyone all explictly knew us as a loving couple and they were part of our lives the ones who gave the affidavits which are notarized. many ppl speak of our intent was to be a joint military couple because we were poor. My wife didnt file for me because she was punishing me for seeking help or telling my mom about my abuse and some crazy things.. i couldnt keep it inside anymore.

So my status not getting health insurance econimic issues are beyond my control their in my abusers hands and they were tools to abuse me with and this guy wants that? all i can do is submit i have begged my ex wife now for them. I have a divorce decree of extreme cruelty also.

sorry to hear this. so your wife never petition you? file for AOS or something?