vawa, should I file i360,i485 concurrently?

[Sir Charge 1]

**NOTE** dates have been changed and unique details have been left out to protect my identity as VJ is one of the most popular immigrant forums and is viewed by everyone. pls forgive me but it is necessary.

Hello, I immigrated to this country in 2004 on a B2 visa.

I met my future wife in high school.

Couple years of on and off dating, our relationship stabilized and we began living together at the beginning of 2010 and got married at the end of 2010.

At the start of this year however things changed and she abused me (she also got her family to do her dirty work).

I filed for divorce after the last major incident. we were married for about 8 months(and we're still technically married for another 8 months since NYC is crippled with budget cuts) A family member advised me to file VAWA since she abused me repeatedly. (My wife never filed the paperwork for me to get my greencard btw)

I got a lawyer and we're about to send out the i360. My lawyer only wants to send out the i360 in case it gets denied, I won't face deportation. Where as if I took my chances with the i485, I would face deportation if the 360 is rejected.

But I believe I have a strong case and I'm pretty sure I won't get denied...

I would like your opinion.

Evidence include: electric, gas, cable, internet, bank statements in our name (for the entire 2010 year and part of 2011),school bills, cancelled checks, 5 notarized affidavits from friends and family about the abuse, about 20 pictures of us together at family gatherings etc and pictures of the abuse including one permanent scar on my body (I have a picture of when she just did it and it was fresh) psychiatric evaluation from a respectable well known psychologist.

My lawyer would prefer to only send in the i360 first, but I just want to get this over with and move on with my life. I already hate that I'm constantly reminded of this nightmare every time I look in the mirror.

your opinion is appreciated, thanks.

[Rufus2012 175]

Lawyers are like doctors, when it's a complicated case, don't be afraid to get a second or third opinion. Just be mindful that immigration law seems to attract a lot of incompetent and dishonest lawyers. I have read recommendations here for good ones, I would search them out.

[Brother Hesekiel 2,236]

Hello, I immigrated to this country in 2004 on a B2 visa.

That's a good first sentence.

At the start of this year however things changed and she abused me (she also got her family to do her dirty work).

How?

I filed for divorce after the last major incident. we were married for about 8 months(and we're still technically married for another 8 months since NYC is crippled with budget cuts) A family member advised me to file VAWA since she abused me repeatedly. (My wife never filed the paperwork for me to get my greencard btw)

I wonder why? Did she very early find out that this marriage was a mistake from the get-go?

I got a lawyer and we're about to send out the i360. My lawyer only wants to send out the i360 in case it gets denied, I won't face deportation. Where as if I took my chances with the i485, I would face deportation if the 360 is rejected.

But I believe I have a strong case and I'm pretty sure I won't get denied...

Not knowing much about your case, I have a gut feeling that your case will be viewed as one of a man who immigrated to the U.S. with a non-immigrant visa, got married, wife found out that this was a mistake, there were arguments and fights when she refused to sponsor this man, and now he pulls the abuse card to avoid deportation.

As your attorney, I would also milk you for as much money as possible before you get deported.

Well, you asked for opinions. Now you've got mine.

[Darnell 8,478]

in addition to what you're reading here, jump over to immigrate2us.net , read a bit there, also.

[Sir Charge 1]

How?

Refer to the disclaimer.

I wonder why? Did she very early find out that this marriage was a mistake from the get-go?

We were in a committed relationship for years; I didn't just meet her then got married. The stress from her job spilled home and she used me as a punching bag both figuratively and physically ( I'm 5'9, she's 6'0 fyi)

Not knowing much about your case, I have a gut feeling that your case will be viewed as one of a man who immigrated to the U.S. with a non-immigrant visa, got married, wife found out that this was a mistake, there were arguments and fights when she refused to sponsor this man, and now he pulls the abuse card to avoid deportation.

As your attorney, I would also milk you for as much money as possible before you get deported.

Well, you asked for opinions. Now you've got mine.

"Pulling abuse to avoid deportation"?

I'm not currently in deportation proceedings so there goes that theory.

She didn't refuse to file at first, we just didn't have the money. But then we started getting into arguments and she made comments that made it clear it was being used as a means of control. Why else wouldn't she file? It would enable me to get more money and help us buy a condo and car. Her later refusal obviously placed a huge strain on the relationship. The violence that happened after was initiated and escalated by her and her family.

Sorry for the combative post, it just irritates me when someone takes your view after the stuff I've been through.

But I do appreciate your opinion so thanks.

[Sir Charge 1]

Lawyers are like doctors, when it's a complicated case, don't be afraid to get a second or third opinion. Just be mindful that immigration law seems to attract a lot of incompetent and dishonest lawyers. I have read recommendations here for good ones, I would search them out.

thanks, that's what I am doing.

in addition to what you're reading here, jump over to immigrate2us.net , read a bit there, also.

thanks, I will check it out.