2012 re-authorization, Male VAWA, children VAWA

[Sandra G. 5,047]

Bumbo1 he needs to prove the abuse continued after she became a green card holder. Well he can provide to USCIS her Alien number, they may search or not.The lawyer must explain in details why the petitioner couldn't provide copy of her green card or US passport etc...

[Sandra G. 5,047]

Ihaveaquestion one of Vawa requirements to establish eligibility for a VAWA self- petition is to show relationship to the abuser, then you must prove you are still married or to prove you didn't divorce more than 2 years ago.

Edited July 15, 2012 by sandranj

[NigeriaorBust 4,087]

From that perspective, is it only necessary, from a relationship standpoint, that the father of two citizens only need provide proof of paternity and not marriage/divorce?

He could have parented with the services of a hooker, no relationship involved. DNA would prove sex not emotions ( and may not even prove sex with babies formed in a test tube)

[Bumbo1 1]

From that perspective, is it only necessary, from a relationship standpoint, that the father of two citizens only need provide proof of paternity and not marriage/divorce?

It looks to me as though both are necessary - spouse of offender and parent of abused.

" E) Has been battered by, or has been the subject of extreme cruelty perpetrated by, the citizen or lawful permanent resident during the marriage; or is the parent of a child who has been battered by, or has been the subject of extreme cruelty perpetrated by, the citizen or lawful permanent resident during the marriage; "

"(ii) Relationship. A self-petition filed by a spouse must be accompanied by evidence of citizenship of the United States citizen or proof of the immigration status of the lawful permanent resident abuser. It must also be accompanied by evidence of the relationship. Primary evidence of a marital relationship is a marriage certificate issued by civil authorities, and proof of the termination of all prior marriages, if any, of both the self-petitioner and the abuser. If the self-petition is based on a claim that the self-petitioner's child was battered or subjected to extreme cruelty committed by the citizen or lawful permanent resident spouse, the self-petition should also be accompanied by the child's birth certificate or other evidence showing the relationship between the self-petitioner and the abused child"

He is still the self-petitioner so even though the grounds for the application is through the children he must still be eligable to file his self-petition by having been married to offender and is still married/divorced less than 2 years from date petition is filed.

Sandranj, I hope this is correct

Bumbo1 he needs to prove the abuse continued after she became a green card holder. Well he can provide to USCIS her Alien number, they may search or not.The lawyer must explain in details why the petitioner couldn't provide copy of her green card or US passport etc...

I see, thank you! So, its possible they may ask for it anyway? I guess there are no guarantees in this business...

Edited July 15, 2012 by Bumbo1

[Ihavequestions 419]

It looks to me as though both are necessary - spouse of offender and parent of abused.

I see. I admit, I was grasping at a straw.

[Bumbo1 1]

I realize that once the children were born, leaving the US became difficult. I was wondering whether the fact that singledad2usc came to US as a visitor and overstayed (& possibly worked illegally) prior to their being issues would go against him. As he said prior to 2002 there were no issues, so chose to be illegal prior to extenuating circumstances, even when spouse declared herself as single on her asylum application. Would his reasons for coming to the US in the first place ever be called into question? Could this effect the "good moral character" aspect? - just playing devils advocate here.

Did you and your spouse enter with the intent of staying & seeking asylum. Why the us and not canada (at the beginning) - (now i'm just being nosey - so u dont have to respond )

[SingleDad2usc 71]

Given that I have little problem with proving Marriage, I'd only use your point, if I found out that there was divorce over 2 years ago. But if I'm able to attach public record to the contrary - then I don't want to make waves. I'd love Sanctuary to submit all 5 requirements

From that perspective, is it only necessary, from a relationship standpoint, that the father of two citizens only need provide proof of paternity and not marriage/divorce?

[Bumbo1 1]

Given that I have little problem with proving Marriage, I'd only use your point, if I found out that there was divorce over 2 years ago. But if I'm able to attach public record to the contrary - then I don't want to make waves. I'd love Sanctuary to submit all 5 requirements

I dont understand. If you found out you were divorced over 2 years ago you would make this claim? You cant, the law is clear. Its not selective, you cant realize you dont meet some of the requirements and then argue with them that they should bend to your needs. I'm kinda hoping you are joking..or maybe i've missed something. You really HAVE to meet their requirements...

sorry if it seems aggressive, i'm just concerned...

[SingleDad2usc 71]

I guess I'd have to challenge divorce then. It couldn't have been proper divorce, if she knew how to serve me - and hadn't made proper attempts

[Bumbo1 1]

I guess I'd have to challenge divorce then. It couldn't have been proper divorce, if she knew how to serve me - and hadn't made proper attempts

Maybe, but I dunno, if the court approves the divorce then i'm not sure you get a say. However, if you could show the divorce wasnt legal because she acted fraudulently to obtain it then hey who knows? I definitely wouldnt file until I had proof of this though. You dont have to be served in person, it can be published, or via middle man, etc... but these laws vary state to state and will depend on the state she filed in. Honestly, based on what you've said about her, unless she remarried or wanted to, i doubt she bothered to divorce you. Do you have a way of checking if you are divorced in the country you are married in? - you may want to just incase she remarried someone from back home in E.Europe and has petitioned for them - afterall its not like USCIS even know she was/is married to you. Last thing you need would be to find that one out during an application to legalize yourself, and realize she has "got" you again in a whole new way.

Just be sure to show them evidence (as mentioned by Sandranj), through a nationwide search, that to the best of your knowledge you are still married to her.

Edited July 15, 2012 by Bumbo1

[SingleDad2usc 71]

About first 6 months of stay: none of us knew what Asylum was when we entered. Then she got advice to file, and as Single - but told me only the first part. Of course, she was emotional going into labor - which happened right at 6-month stay. Then she was flaking with colicky baby. I got caught developing potential business at World Trade Center, my partner died, and office and paperwork destroyed. I actually had a lot of historical documents lost at World Trade Center - for example, I'm not sure where my Birth Certificate is... I had a little temporary help from 9/11 Fund, but I didn't know for example that I could have applied for Medicaid. I've ended up with no medical insurance, and never saw a doctor in over 10 years

[Bumbo1 1]

About first 6 months of stay: none of us knew what Asylum was when we entered. Then she got advice to file, and as Single - but told me only the first part. Of course, she was emotional going into labor - which happened right at 6-month stay. Then she was flaking with colicky baby. I got caught developing potential business at World Trade Center, my partner died, and office and paperwork destroyed. I actually had a lot of historical documents lost at World Trade Center - for example, I'm not sure where my Birth Certificate is... I had a little temporary help from 9/11 Fund, but I didn't know for example that I could have applied for Medicaid. I've ended up with no medical insurance, and never saw a doctor in over 10 years

Thanks for sharing and being so open about your case. Did she say "single" because you're a canadian citizen? Would the US have still granted her asylum if she had a connection to Canada (also a "safe" country) do you think?

[Ontarkie 14,221]

Post returned as it was not a PM but an actual post.

Edited July 16, 2012 by Ontarkie

[SingleDad2usc 71]

Who knows? Fact is: I thought I was a derivative, so I didn't even think I was overstaying. And all of the circumstances didn't give me much chance to think about any of that. I had NY DL, but never had SSN - so I never considered taking any job. Whatever biz I've done in the US was strictly developing biz, and possibly some profit sharing

[Sandra G. 5,047]

Illegal aliens or who entered without inspection qualify for a green card under VAWA. While a VAWA beneficiary who entered without inspection can adjust status, a normal beneficiary through marriage cannot. Single dad won't have any problem filing form I-360 (Vawa) and adjusting his status because of his unlawful presence.