HAS anyone ever won a Vawa Appeal?

[ladyg 10]

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?

You already appealed? Thats a tricky one refiling whilest your appeal is pending,bro I dont know about this one someone will need to help me answer this one.I thought you had not appealed yet.You should have sent that 17 pages ,your story plays a big role in the vawa process as you are the person that knows exactly what happend .Why did the lawyer edit it?

[UglyNerdManVJ 7]

You already appealed? Thats a tricky one refiling whilest your appeal is pending,bro I dont know about this one someone will need to help me answer this one.I thought you had not appealed yet.You should have sent that 17 pages ,your story plays a big role in the vawa process as you are the person that knows exactly what happend .Why did the lawyer edit it?

he said it was too long and they wont read it. he mentioned this whole thing about that they wont read 17 pages etc and not to overburden them with inforjmation... basically i had about 100 pages and he sent 20. i believe i have 30 days. to submit new information while they recieve the appeal. he said it is my right to refile.

i dont know when i can though he has not answered alot of my questions as of recent. i needed someone to help me with everything because i couldnt see or read straight before. now i can most of the time.

[UglyNerdManVJ 7]

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

we started but she didnt send in the stuff because she was punshing me for telling my mother about an instance where a firend of hers was threatening my life and she was framing me for things i didnt do and i was afraid to go to the police because she said she would lie about me. i caught this on tape and sent it to uscis. they believed my battery.

i was denied solely of things in my abusers possession and that my abuser would have to do for me. they believe we cohabited.... makes NO sense that she isnt gaining from that. the guy also said i have to evidence to back up my romance? i have video and multiple pictures i sent.

i feel this denial is beyond stupid. i have sent them what bills i could. but now i have access to our medical bills so i will send those. If i could get a bank account i would have some paperwork such as a valid SS from having a greencard. the only legal id i have a passport from trinidad. I have a TIN but i do not think that is valid to open a bank account with. It was dependant on my spouse and i get punished for wanting help.

[Imperium 81]

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.

Could you tell us how long did you live togather and how did you meet her prior to your marriage. What I think is they might want to know what have you thought as a married couple in terms of developing plans for future life, family, kidfs or etc. Usually good faith marriage can also be documented by explaining the pre-merital thoughts, plans and routines and responsibilities that shows petterns of family relationship or at least a sense.

I suspect that your videos of kissings or hugings etc may have raised red flag. Because extraordinary documentation or unusuall documentataion some times raises red flags.

[Harsh_77 718]

Calm down… you are not listening to what court asked you for, after reading your posts it seems you have been submitting tons of affidavits from friends and family members.

This is not what court was asking for, court is asking to show them some evidence that marriage was in good-faith.

Just being from same country, same culture , same island does not show marriage was in good faith… (most marriage fraud are done with ppl from same country, same culture and same background)

How does your hospital bill show that your marriage was entered in good faith?

You can re-file or appeal I would leave that on expert opinion of the lawyer and you, but mainly u need to prove this marriage was not a sham to enter us and it was legitimate relation that unfortunately did not work out.

[inpeace 5]

And ps: letters from family and close friends might not help much... Uscis knows they could easily lie to help u... Maybe you could get something from a church member, someone not that close to you...

[inpeace 5]

I have a question ugly:

Did they send an rfe before denying?

I have a question ugly:

Did they send an rfe before denying?

[ladyg 10]

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.

Impeace....But he appealed already ............does that affect his re-filing whilest he has a pending appeal ?

[inpeace 5]

I'm not sure he can do both at the same time.... I would guess no... Now he has to wait and see... Me and other people on vj told him not to appeal. The appeal decision is final, now if he had re filed he could still have appealed after... That is just my opinion...

[UglyNerdManVJ 7]

she had my bills i didnt not enter for a sham marriage we new eachotehr since 2006, lived together since 2007, married in 2008 divorced in 2010. she has our bills our mutual mail that went to our old apartment she arranged for a neighbor to give it to her and the landlord was unusually mean to me and i couldnt even talk to my neighbors. its because she lied about me to people which i put on tape and snet to them. our marriage was based on love i left because i couldnt tolerate the abuse anymore. even finding help i didnt know what to look for. i called domestic violence hotlines they refferred me all around i got juggled and everywhere didnt help men. one place told me to go to uscis in newark and they gave me the vawa thing in 09 i had no idea what it was for, i just wanted our marriage to get better and i needed help for all my abuse. the place i nthe area which treats people does not take in new patients anymore and it was the only one i could go for free.

they sent an rfe asking for good faith marriage specifically my lawyer told me to get affidavits from friendsd and family and to explain our courtship. like they said i sent a tax filing and utility and recipets of things purchased on my behalf. i was denied on solely bank account property insurance? I asked my wife to file for insurance as i had medical issues and we could pay the premium. it part of my extreme cruelty divorce and abuse. The part about family? are you people crazy we did spend time with outr family i introduced her to everyone she was a part of my life and we were making a future together. i feel because my status became a crutch it just became a nightmare.

I PROVED my batter yyou think i would endure all that for someone i do not love? Jeez. they sent an rfe and i sent what i could and explained that she keepsour mail i even asked her for our bills. we had obtained assets such as equipment computers and other things together. she is denying me that.

i thought good faith was defined as.

Whether the couple have known each other for a reasonably long time;

The frequency of meetings of the couple prior to the marriage;

Whether the couple have lived together in the past or presently live together;

Whether the couple married only after one party became the subject of an investigation, removal, or deportation proceedings by the USCIS. An immigration petition may not be approved for the alien who was married after the commencement of removal, exclusion, or deportation proceeding until the alien has resided outside the U.S. for at least two years, unless the alien spouse can prove the marriage was a good faith marriage and not solely for immigration purposes.

To prove the marriage was entered into in good faith, the following evidence should be presented:

Document showing joint ownership of property;

Whether the couple comes from diverse cultural background or speaks a common language.

hospital bills dont count? the guy wanted to see debts?

A red flag to show our intimacy and closeness as a loving couple? that we were romantic and i love you pictures we took at the mall is a red flag? Jesus i think i need an explanation.. Theres a problem that she attended family events and friends bbqs with me? Jesus... not having those things sounds more like a sham to me.

[UglyNerdManVJ 7]

my lawyer told me to refile he said they did not look at alot of evidence nor did they mention it. it honestly feels the director dude who sent the denial was injecting his opinion i had pictures of us with ppl who sent affidavits in their home also.

[inpeace 5]

So you refiled?? Good! Best of luck, and yes very intimate pics might raise a red flag...

[UglyNerdManVJ 7]

woah ur saying very intimate pics. its only pictures of us with i love yous or us kissing together. How is that a red flag? thats crazy what im hearing... should we be far apart?

i mean my lawyer told me to appeal. sorry my lawyer is the one who said i should appeal and id get a fair trial because he feels the descision made by the response was erroneous.

[UglyNerdManVJ 7]

i made an error and i do not know how to edit. I did not refile yet i had already appealed on my laywers advice.

[san diego 407]

woah ur saying very intimate pics. its only pictures of us with i love yous or us kissing together. How is that a red flag? thats crazy what im hearing... should we be far apart?

i mean my lawyer told me to appeal. sorry my lawyer is the one who said i should appeal and id get a fair trial because he feels the descision made by the response was erroneous.

Well, usually people do not make video of them kissing and hugging unless they are doing it for some purpose. This is why it raised red flags... I agree.

In general, I already told you in the beginning of the posts: the main problem is that YOU DO NOT HAVE HARD EVIDENCE. The problem IS NOT VAWA application. The problem is HARD EVIDENCE OF ONGOING RELATIONSHIP IN US! Anyone can make a video and get affidavits from friends that do not care. The main hard proof of relationship is financial ties. This is the end of it. Unless you obtain one of the following: joint bank account, joint lease, joint health insurance, mutual beneficiary on life insurance, joint credit cards, you WILL BE DENIED AGAIN!. So, focus on obtaining one of those instead of arguing with people. We are not here to judge and you are not here to prove something to us.

Edited October 20, 2011 by san diego