Can I file VAWA?

[Camille G 0]

Hi everyone, i hope you can help me...

Here is my story. Me and my that time boyfriend (USC)started dating in 2008 when i was on J-1 in the USA. After year since that i would come on J-1, work and be with my boyfriend and his family. He proposed to me last year, and we got married in August,2011. The person he was before marriage and after are completely different people... Well after just a few months he started being very controlling, didn't let me talk to my family, I was not allowed to have friends and finally he started physically abusing me. I first stick with it and hoped that i was just once..then it happened twice and so on...We had an interview in the end of December and I got approved on my I-485. But in a few days the main incident occurred..I had to call the police because he physically abused me and threatened to kill. I had to run away, i stayed in womens' shelter, and i got an emergency protective order from him. I'm still terrified and i just got my permanent restraining order for 5 years after the hearing in court, where he didn't even show up. I have letters from neighbors who pretty much witnessed the abuse. But his family just turned away on me. They telling everyone that i got married just for papers, when i had such a great relations with them before and they even wrote letters describing our connection that i showed on our I-485 interview as well. So I don't even know if they told immigration anything. I don't know anything anymore. Basically i'm going to file for VAWA (I-360) because there is no way i'm coming back, i'm very scared,it wasn't the first time, but very excessive abuse. I should explain that i fell in love with a not aggressive person, the person who made me happy and who i wanted to devote my life to. I'm still happy that i married that only person i wanted to no matter how it turned out..I suffered a lot, abuse would happen any other day, and first i would put up with that and hoped that nothing would be worse and we will get over it, but it just got worse and worse.. I'm still dealing with my fear, i'm going through domestic violence victim counseling. As for prove, I have a lot.. Can it be difficult that the most excessive incident happened just right after we passed the interview? And since we got married its been only 5 months? But i have all the prove that i entered marriage in a good faith, we have had history since 2008, all emails, my letters when he was in jail (he was in jail for robbery when i was back in my home country), pictures and so on...So what do you think?

And right now i really want to go home and see my family after being stressed out for so long..I wonder if there can be any problems for me while entering the USA when i come back (i have conditional green card)? Like if they will see my police report or restraining order on file, and I didn't even know if my husband called immigration and said something bad about me. I don't know anything anymore.. I just want to see my family as I am on conditional green card, then come back in about a month and start filing for VAWA and starting my life by myself unfortunately.

Please, anyone who can answer any of my questions, i would really appreciate your help.

Thanks in advance.

[Olomi_811 130]

Like you said, you have evidence. There is nothing stopping you from filing for VAWA or calling to inquire about your standings with immigrations. It does look suspicious that you were willing to endure the abuse until after your interview and you describe it as the worst of the incidents. Prior to then it was acceptable behavior and as a couple you did not pursue anger management or marriage counseling. These would also show "good faith" since you wanted to be with this person who you say abused you every (any) other day. You did not bother to include a third party when any other act of physical abuse was sustained.

Make sure your evidence is as supportive as you believe, because if you get an officer who interpreted your situation as I have stated it's not going to be a favorable outcome.

Edited February 12, 2012 by Olomi_811

[jkelly07 120]

i know you don't have money if your in a shelter, i was going to tell you to see a lawyer for a case like this. ask a church for help.so sorry to hear about your problems keep us posted,

[ceadsearc 516]

You have a GC. You don't need VAWA. Have you filed for divorce yet?

[JimVaPhuong 4,863]

You have a GC. You don't need VAWA. Have you filed for divorce yet?

Agreed. A self-petition for removal of conditions based on either divorce or abuse will require evidence that the marriage was entered in good faith. Removal of conditions based on abuse would further require proof of the abuse, and VAWA applications tend to take longer - sometimes a lot longer. Just get divorced and file the I-751.

[Camille G 0]

Like you said, you have evidence. There is nothing stopping you from filing for VAWA or calling to inquire about your standings with immigrations. It does look suspicious that you were willing to endure the abuse until after your interview and you describe it as the worst of the incidents. Prior to then it was acceptable behavior and as a couple you did not pursue anger management or marriage counseling. These would also show "good faith" since you wanted to be with this person who you say abused you every (any) other day. You did not bother to include a third party when any other act of physical abuse was sustained.

Make sure your evidence is as supportive as you believe, because if you get an officer who interpreted your situation as I have stated it's not going to be a favorable outcome.

Olomi, he has been through anger management before, because he got convicted of previous domestic violence before we got together, and he was in jail for that. His parents decided to get him a doctor, but apparently no actions were taken, it was only words. I couldn't influence him, he was taking all my words as a blame and wouldn't listen to me. My opinion lately didn't mean too much for him unfortunately, i couldn't voice my opinion on getting a counseling which i really wanted to. Thats why parents tried to help. He was very controlling and didn't let me talk to anyone. I just struggled through that with undefeated hope at first that it can be changed. It would take too long to tell you what exactly i've been through. And i have all emails to his relatives and his mom saying that i don't want to give up and showing that i really wanted this relations to work but sometimes enough is enough. Prior to the last incident it has never been acceptable, but there was an apology at least and when the last time he has told me that if i tell somebody about what's going on i'll be a snitch and he has his own way dealing with snitches: as he said he would cut me into pieces and put them in different places, so no one would find... I don't think i could come back after that. And yes, it happened may be right after the interview, but it is just the way it happened. And all i was concerned about was my safety.

[Camille G 0]

i know you don't have money if your in a shelter, i was going to tell you to see a lawyer for a case like this. ask a church for help.so sorry to hear about your problems keep us posted,

Thank you very much, but what do you think: can i leave US and come back after let's say a month with no problems at the DHS security point at the airport in these circumstances? Or no?

And may the factor that we've been married for kind of short period of time affect my ROC?

[Camille G 0]

You have a GC. You don't need VAWA. Have you filed for divorce yet?

No, i haven't filed for divorce yet, i just got my permanent restraining order granted at the hearing for 5 years. As i understand, I have to pay if i file for divorce, correct? Of course divorce will take place apparently, I'm just extremely short with money right now.

I was thinking VAWA in my case will mean more than just a divorce, because everything has happened because of the abuse. And as you see, somebody is saying that it may look suspicious that everything happened and i called the cops after we just had an interview, so i really want to show everything to prove marriage was entered in a good faith. And it was 100%. Now i think main points are for me to prove marriage in good faith which i guess i already did if i got my conditional GC, right? and that we have been married for not too long.. May it give me problems while doing ROC?

Thank you in advance.

[Camille G 0]

You have a GC. You don't need VAWA. Have you filed for divorce yet?

I was thinking VAWA in my case will mean more than just a divorce, because everything has happened because of the abuse. And i thought it will seem better than just a divorce since we've been married not for too long and may not give me any difficulties while applying for ROC? What do you think?

Thank you in advance.

[Camille G 0]

Agreed. A self-petition for removal of conditions based on either divorce or abuse will require evidence that the marriage was entered in good faith. Removal of conditions based on abuse would further require proof of the abuse, and VAWA applications tend to take longer - sometimes a lot longer. Just get divorced and file the I-751.

I was thinking VAWA in my case will mean more than just a divorce, because everything has happened because of the abuse. And i thought it will seem better than just a divorce since we've been married not for too long and may not give me any difficulties while applying for ROC? What do you think?

Thank you in advance.

[Boiler 45,941]

You could just go home, better than living in a shelter.

[ceadsearc 516]

In both cases you will need to provide evidence of a good faith marriage. When filing ROC based on divorce you would just include the divorce waiver and application and it would be processed much faster, most likely. With VAWA you need the same evidence plus proof of abuse and it can take a very long time to be processed.

Divorces do generally cost money but if you have no kids or assets to split then do-it-yourself based on irreconcilable differences is pretty simple and the filing fee is often minimal.

You should be fine to travel in the meantime. Even if he reports you to USCIS and makes something up, USCIS will take time to investigate first.

[Camille G 0]

In both cases you will need to provide evidence of a good faith marriage. When filing ROC based on divorce you would just include the divorce waiver and application and it would be processed much faster, most likely. With VAWA you need the same evidence plus proof of abuse and it can take a very long time to be processed.

Divorces do generally cost money but if you have no kids or assets to split then do-it-yourself based on irreconcilable differences is pretty simple and the filing fee is often minimal.

You should be fine to travel in the meantime. Even if he reports you to USCIS and makes something up, USCIS will take time to investigate first.

Can letters from his neighbors, our emails, family pictures and all the prove that we have been dating since 2008 be an evidence of a good faith marriage? I also gave to USCIS Officer at our I-485 interview the letters from his family, stating that they've known me since 2008 and how positive they described me (he attached them to the whole file). And I think if i got approved at the interview, it already means that officer saw the truth and saw that marriage was real. Isn't right?

Thank you.

[Sandra G. 5,057]

You can file the I -751 Waiver right now based on abuse.“Good faith but battered” waivers, do not require the marriage to have been terminated, it means you don't need to be divorced prior to filing I-751 ok. You need to start gathering documents to prove that you are victim of domestic violence. Try to get the documents asap and submit to USCIS with form I-751.If you can't afford to pay the USCIS fee you can Request for Fee Waiver OK.

Here is a list of documents that you should submit showing that you were victim of domestic violence and that your marriage was in good faith.

Letter of the shelter

Therapist or Psychologist letter mentioning the abuse you suffered

Pictures of the abuse suffered, if you have

Past or present court orders that prohibit your spouse from approaching you

Hospital or clinic reports that show that you were physically assaulted

Have attended a support group for survivors?

Notarized affidavit from people who know you and your spouse and who can affirm that your marriage was a bona fide marriage

ceremony or who knew you as a married couple. These letters should include as many details

as possible.

A personal declaration in which you describe, in GREAT DETAIL, how you met him,why you got married, describe the when started the violence WITH DETAILS

Wedding pictures

Letters or statements from a bank that show that you had or have a savings or checking account together

A rental agreement for your house or apartment with both of your names on it,if you don't have your name on it then ask you landlord to give you a letter where he will mention that your husband rents his house and you we were living there since xxxx till xxxx

Utilities bills such as electricity, water, heat, cable TV, phone, or others that show both you and your spouse’s names.

with both of your names on it and/or bills in your name

Income tax papers that show your name and your spouse’s name

Membership cards for video clubs, grocery stores or similar businesses, that show joint membership for your and your spouse.

If you need some help email me ok sandrinhacv@hotmail.com

Edited February 25, 2012 by sandranj

[Sandra G. 5,057]

I was in a hurry and end up typing some wrong words,LOL

Edited February 25, 2012 by sandranj