What if husband doesn;t go to interview for conditional GC?

[Lynnami 8]

Long story short. I do not know 100% of the details but would like to help this Rusian girl I know.

She came here on a student visa in 2010 I believe. Fell in love and got married. She got pregnant and had their son last year june 2011.

March of this year they filed for her conditional GC. April he abused her badly. Police reports were filed etc. Her husband is not allowed to get close to her and their son and she is also seriously thinking about divorce. She had biometrics done in May. Next week she has her interview. But because he is not allowed to be close to her, even if he would be allowed to, he is probably not showing up for the interview.

What are her options? I would so like to be able to advice her.

Thanks people!

Edited June 10, 2012 by Lynnami

[JohnR! 5,495]

1339351646[/url]' post='5434934']

Long story short. I do not know 100% of the details but would like to help this Rusian girl I know.

She came here on a student visa in 2010 I believe. Fell in love and got married. She got pregnant and had their son last year june 2011.

March of this year they filed for her conditional GC. April he abused her badly. Police reports were filed etc. Her husband is not allowed to get close to her and their son and she is also seriously thinking about divorce. She had biometrics done in May. Next week she has her interview. But because he is not allowed to be close to her, even if he would be allowed to, he is probably not showing up for the interview.

What are her options? I would so like to be able to advice her.

Thanks people!

She may quakify for VAWA, which would preclude the need for her husband to be present for immigration proceedings.

Check out this link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2cac37668c779110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Please wish her good luck!

[Lynnami 8]

Thanks. I will go have a look there. Is WAVA something new? Never heard of that.

[Lynnami 8]

Ok, I do understand the concept of it. But what is she already applied based on marriage? Or do I have to read further? Does she have to cancel and start over? Filing under this VAWA?

[JohnR! 5,495]

1339352365[/url]' post='5434953']

Thanks. I will go have a look there. Is WAVA something new? Never heard of that.

VAWA was enacted in 2008 (?) and she might very well be able to take advantage of that. It might be a good idea for her to seek counseling from a qualified lawyer, who might be able to steer her through the process in the appropriate manner.

Hopefully others will comment on this thread and add from their knowledge as well.

[JohnR! 5,495]

1339352565[/url]' post='5434961']

Ok, I do understand the concept of it. But what is she already applied based on marriage? Or do I have to read further? Does she have to cancel and start over? Filing under this VAWA?

My understanding these proceedings allow for immigrants to continue with their AOS even if the petitioner is not available. In other words, she entered in her marriage with good intentions and it all turned ugly on her. Under these circumstances immigration may adjudicate in her favor and allow her to keep her residence in this country in spite of not being able to obtain the required support from her petitioner.

Unfortunately I don't know the specifics of how this must be entered in her file and how she should move forward.

[SaharaSunset 165]

I don't know for sure but it appears the VAWA is a different application. And I'm pretty sure if she is filing based on a marriage, and now the marriage has all but completely dissolved, I don't think her application would be accepted. There are other possible complications if she came on a student visa and overstayed that visa - which you didn't specify. Any marriage has to be proved as valid and genuine, especially if you enter the country under the pretense of doing one thing, and they suddenly change course and do another...they'll want to make sure its all legitimate and not fraud. So she would likely still have to prove the validity of their marriage first. But it sounds like the VAWA may be an option for her. I too would recommend a lawyer on this one, if she's serious about wanting to stay with or without the husband.

[Lynnami 8]

Thanks for your input saharasunset.

To be honest with you I believe she DID overstay her student visa. And I too think that might be a major problem.

I will at least tell her what I read here next time I talk to her. Maybe try to get her to sign up with VJ and reply herself some time...

Anyway thanks.

Any other input still welcome.

Edited June 10, 2012 by Lynnami

[Harpa Timsah 13,258]

Overstay does not disqualify one for VAWA.

Edited June 10, 2012 by Harpa Timsah

[Lynnami 8]

Overstay does not disqualify one for VAWA.

Ok. Good to know

[JimVaPhuong 4,863]

VAWA was enacted in 2008 (?) and she might very well be able to take advantage of that. It might be a good idea for her to seek counseling from a qualified lawyer, who might be able to steer her through the process in the appropriate manner.

Hopefully others will comment on this thread and add from their knowledge as well.

VAWA was enacted in 1994. It occasionally comes up for renewal of funding, and it usually gets a few changes at that time. It was renewed in 2000, and again in 2005. It's up for renewal now, but Republicans and Democrats are fighting over changes. Democrats would like to extend VAWA protections to same sex couples, while Republicans object to that. Republicans would like to repeal the section of the act that extends VAWA immigration benefits to people who entered the US without inspection, and Democrats are opposed to that. The Senate is currently arguing over it.

[Sandra G. 5,048]

She must attend the interview without him and take the police report with her, and she should tell the Immigration officer that she was battered and she will file the Vawa, he will give her 30 days to file the Vawa. .She must run because the Vermont service is taking almost 25 days to send the Vawa confirmation and she needs that to show to Uscis. SHE should seek help with some organizations for victims of domestic violence and they will be able to help her out. I own a non profit organization who helps victims of domestic violence then please ask her if she wants to contact me.

[Lynnami 8]

She must attend the interview without him and take the police report with her, and she should tell the Immigration officer that she was battered and she will file the Vawa, he will give her 30 days to file the Vawa. .She must run because the Vermont service is taking almost 25 days to send the Vawa confirmation and she needs that to show to Uscis. SHE should seek help with some organizations for victims of domestic violence and they will be able to help her out. I own a non profit organization who helps victims of domestic violence then please ask her if she wants to contact me.

She lives in Florida. Can she still contact you? If so, do you mind sending me some contact info that I can forward to her? Thanks

[Sandra G. 5,048]

I sent you my contact. Check your inbox.Just in case others have a similar case I will explain a bit how it works Vawa.If the person never filed I-485 then file the I-360 and once approved file the I-485, but in this case she/he just can apply for EAD after the I-360 approval. IF the I-485 was filed then the she/he must attend the interview and inform the immigration officer that she/he will file the I-360, but if they didnt set up AOS interview yet submit the I-360 asap and attend the Aos interview and show them proof that the I-360 was submitted and he/she in this case can apply for EAD.For those that got the conditional green card and were battered they can file the I-751 based in domestic violence as well,but they don't the I-360.