2012 re-authorization, Male VAWA, children VAWA

[SingleDad2usc 71]

why would you write this in VAWA topic? There is Marriage Certificate, and there is US Court Order. Not ever picking up phone is for the same sort of people who advise suddenly displacing US-born children. You know, the point is not my suffering the duration of such call. The point is what might happen if I haven't suffered the duration of such call. Which brings me again to VAWA PURPOSE which I'll discuss outloud this hour

Unless there isn't one and the villainous in this story, the one who has up and ran, changed her name and social security number, but calls once a year from a blocked number and threatens the super dad (who has had an open child protection case for more than ten years and who has such important matters to take care of by phone, he can't let a call go to voice mail) because he might disclose something that happened six years ago, well, unless she really didn't make a material misrepresentation at all and this couple was never married to begin with.

[SingleDad2usc 71]

That's exactly what I will be discussing in re: VAWA PURPOSE. You see, in her current position, her greatest hope is for status-quo; that I'll continue quiet till children's adulthood

Why can't she report you?

[Sweetcheeksss 91]

*sigh* - just because the answers above aren't what you want to hear (ie: USCIS's certified marriage certificate requirement vs your assertion that the sealed family court document would be an acceptable replacement) doesn't mean that you need to keep asking those same questions time and time again. The SAME questions you asked (and got answered) on the other thread that was closed down.

It appears to me that you derive an odd satisfaction from being the center of attention (which, I suppose is why you keep alluding to your "VAWA PURPOSE").

Especially your comment "Which I'll discuss out loud this hour". As if you are a professor, scheduling a lecture for a rapt student audience.

Personally, I don't understand why you just don't want to accept the detailed, thoughtful answer provided to you from a legit attorney who specializes in the very area of law that you seem SO interested in, make some decisions based on that information and act accordingly.

If you will be honest with us (or yourself) I doubt ANY answer you receive here will satisfy whatever is spurring you on. At the beginning you said you needed to get information about how you could (or IF you could) file a VAWA claim. You've gotten clear, concise information on what you NEED to have, on what steps you NEED to follow and what documents you NEED to begin - yet you keep trying to get another answer.

You listen but you DO NO HEAR.

Edited July 12, 2012 by Sweetcheeksss

[SingleDad2usc 71]

VAWA purpose is to enable Petitioner to testify against LPR Offender. Why? To jail the Offender for broken bone or unwanted sex act...

But look at non-injury offence here: someone was dismayed that taxpayers made Child disability payments. Logical: 25% of Offender's gross would more than cover that taxpayers' liability. But instead of covering it, the Offender gravely threatens Petitioner.

Then someone is of the opinion that non-filing VAWA has dangers too, of continuing out of status.

So here is the thought: in 2003, I wasn't afraid to testify and help with Offender's prosecution. What about now? OCSE has just notified me that they're closing the case against her. No surprise. Their resources and zeal is so limited that they didn't pursue it even in 2006 - when they got lucky and served her! Now, they seem to be content to sweep this under the rug once and for all, "unable to serve".

What if I broke my promises to the Offender, and began to help their case any way I can? I'm sure they wouldn't place me+children under Witness Protection. Any advice here?

[Sandra G. 5,047]

Single dad I want to set the record straight here. You need first to know if you are elegible to file Vawa, and as far I know you do not have any document proving she is a US Citizen or LPR .You MUST HAVE a copy her green card or copy o her certificate or naturalization or copy of her US Passport. The Immigration Law clear states the "applicant has the burden of proving it at he or she is a US Citizen or a non citizen national"!You can"t ask USCIS to find out about her status, the Law requires evidences that it deems necessary to establish that she is a US Citizen,LPR or illegal alien!!!!!!! Second do you have PROOF she didn't divorce you more than 2 years ago? .If you want to have a descent chance then please start from the beginning.

You do not need to have a restraining order or a police record to file Vawa! Of course it will increase your chances to have your Vawa approved but it's not mandatory!Do you have any document from Court or Psychologist or social worker stating YOUR KIDS WERE ABUSED BY THEIR MOTHER? if yes you have a chance to have your Vawa approved because the Vawa Law states if you have a child with the US Citizen or LPR who was abused by her you are elegible for Vawa.

Did the Court issue a "Termination of Parental Rights"? If you don't have yet maybe you should file "Involuntary termination of Absent Mother's Parental Rights". For God sake single dad if you need help you need to help us here.First get copy of her Green card or Certificate of naturalization,second have some proof she didn't divorce you more than 2 years ago and then go back here to discuss about Vawa.

Edited July 12, 2012 by sandranj

[SingleDad2usc 71]

answer provided to you from a legit attorney - WHICH IS WHAT, EXACTLY? That I should get good attorney's advice? Is this the purpose of this forum: to not seek opinions and discussions ON THE FORUM?

*sigh* - just because the answers above aren't what you want to hear (ie: USCIS's certified marriage certificate requirement vs your assertion that the sealed family court document would be an acceptable replacement) doesn't mean that you need to keep asking those same questions time and time again. The SAME questions you asked (and got answered) on the other thread that was closed down.

It appears to me that you derive an odd satisfaction from being the center of attention (which, I suppose is why you keep alluding to your "VAWA PURPOSE").

Especially your comment "Which I'll discuss out loud this hour". As if you are a professor, scheduling a lecture for a rapt student audience.

Personally, I don't understand why you just don't want to accept the detailed, thoughtful answer provided to you from a legit attorney who specializes in the very area of law that you seem SO interested in, make some decisions based on that information and act accordingly.

If you will be honest with us (or yourself) I doubt ANY answer you receive here will satisfy whatever is spurring you on. At the beginning you said you needed to get information about how you could (or IF you could) file a VAWA claim. You've gotten clear, concise information on what you NEED to have, on what steps you NEED to follow and what documents you NEED to begin - yet you keep trying to get another answer.

You listen but you DO NO HEAR.

[Sweetcheeksss 91]

answer provided to you from a legit attorney - WHICH IS WHAT, EXACTLY? That I should get good attorney's advice? Is this the purpose of this forum: to not seek opinions and discussions ON THE FORUM?

Wow. Really? REALLY? Obviously, Sandranj wasted her valuable time when she wrote out those two very concise messages which outlined EXACTLY what you need to do to file a VAWA claim. Because HAD YOU READ IT, you wouldn't be asking "WHICH IS WHAT, EXACTLY?"

She couldn't have made it ANY more clear what you need to have and do in order to begin the process of VAWA. What a shame you don't want to hear. For yourself. But particularly for your kids.

Edited July 12, 2012 by Sweetcheeksss

[SingleDad2usc 71]

I really appreciate Sandra!

I have her DOB, A-number, date of Asylum Granted and case#, her SSN as of 2004, couple of employeers up to 2004, two addresses up to 2006. How do I or attorney obtain copy of her card, or proof that we're still married?

As to: "any document from Court or Psychologist or social worker stating YOUR KIDS WERE ABUSED BY THEIR MOTHER" Wow! I have ACS files, including at least two ACS investigations of her neglect/abuse found "indicated"...No, termination of rights has never been filed

Single dad I want to set the record straight here. You need first to know if you are elegible to file Vawa, and as far I know you do not have any document proving she is a US Citizen or LPR .You MUST HAVE a copy her green card or copy o her certificate or naturalization or copy of her US Passport. The Immigration Law clear states the "applicant has the burden of proving it at he or she is a US Citizen or a non citizen national"!You can"t ask USCIS to find out about her status, the Law requires evidences that it deems necessary to establish that she is a US Citizen,LPR or illegal alien!!!!!!! Second do you have PROOF she didn't divorce you more than 2 years ago? .If you want to have a descent chance then please start from the beginning.

You do not need to have a restraining order or a police record to file Vawa! Of course it will increase your chances to have your Vawa approved but it's not mandatory!Do you have any document from Court or Psychologist or social worker stating YOUR KIDS WERE ABUSED BY THEIR MOTHER? if yes you have a chance to have your Vawa approved because the Vawa Law states if you have a child with the US Citizen or LPR who was abused by her you are elegible for Vawa.

Did the Court issue a "Termination of Parental Rights"? If you don't have yet maybe you should file "Involuntary termination of Absent Mother's Parental Rights". For God sake single dad if you need help you need to help us here.First get copy of her Green card or Certificate of naturalization,second have some proof she didn't divorce you more than 2 years ago and then go back here to discuss about Vawa.

[Boiler 45,486]

I am sure a Private Detective could find this out in short shrift.

[AF-Wife 181]

I have her DOB, A-number, date of Asylum Granted and case#, her SSN as of 2004, couple of employeers up to 2004, two addresses up to 2006.

Sandra said you NEED to have a copy of her greencard, naturalization certificate or US passport. From reading above, you have none of those documents. The things you listed can't be used filing VAWA. You NEED to have one of those 3 documents Sandra mentioned! That's what everybody is trying to tell you the whole time!!!

The burden is on you and not anybody else to provide the requested evidence.

Edited July 12, 2012 by AF-Wife

[SingleDad2usc 71]

I heard Sandra: need a copy of Offender's card. How do I or attorney obtain it?

[Bumbo1 1]

I heard Sandra: need a copy of Offender's card. How do I or attorney obtain it?

From you ex/current spouse. Far as I know that would be the only way, and I hope it is. I would not like my greencard information to be obtainable by someone other than myself, without my knowing or consent.

Whether you are divorced or not, I dont know how you'd find that out.

Edited July 12, 2012 by Bumbo1

[Hypnos 6,576]

To paraphrase Tom Cruise, "it doesn't matter what you know it only matters what you can prove".

From your own posts you do not have any evidence that she was an LPR or USC. This evidence could be: a copy of her I-797 approval notice for her I-485 AoS application; a copy of her green card; a copy of her naturalisation certificate; a copy of the information page for her US passport.

Without proof that she was a USC or LPR your case is over, defunct, dead. From other factors it seems you already have a slim chance of success, but at least a slim chance is better than no chance at all. If you choose to roll the dice on that then that is your concern.

The suggestion about hiring a private detective to try and obtain proof of her status might be worth looking into, although I doubt it would come cheap. At this point you should be running, not walking, to find legal representation with expertise in VAWA cases.

I'll put it another way: VAWA is for removing people (usually women, sometimes men) from dangerous, possibly life-threatening situations and not punishing their immigration status as a result of this. What it is not for is dredging up old allegations and evidence from literally years ago in a situation that you have already removed yourself from.

If there was a legitimate VAWA case here, the time for making that case was several years ago when you actually living in it.

The fact that you sprung this up after you could not renew your driver's licence due to your lack of legal status is telling here, I feel.

In saying all that, I wish you luck. I feel you will sorely need it.

[SingleDad2usc 71]

I'm still hoping for more helpful answer

From you ex/current spouse. Far as I know that would be the only way, and I hope it is. I would not like my greencard information to be obtainable by someone other than myself, without my knowing or consent.

Edited July 12, 2012 by SingleDad2usc

[AmyWrites 593]

Sandra or any other attorney, what happens to people like the OP if they try to claim VAWA, it's not approved, and then for obvious reasons just highlight their illegal presence/overstay in the US?