2012 re-authorization, Male VAWA, children VAWA

[SingleDad2usc 71]

this was thoughtful. First things first: no way there is no LEGAL way to obtain proof of her immigration status.

Proof that we're still married: is that the same as proof that there was no divorce filing in NY? It may be much harder to obtain same kind of paper of that E.Europe country...

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.

[Boiler 45,519]

Should be easy enough to obtain a copy of the Marriage Certificate.

Not as if you have any choice in getting it.

[Bumbo1 1]

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.

I appreciate that, but just because it isnt want you want to hear doesnt mean it is not the reality of your situation and therefore a helpful answer. I'm sure you will press on anyway hoping for better. But considering the sensitive nature of the documentation(greencard, uscis issued docs, us passport) you are requiring, do you honestly believe it will be easily or even legally obtained?

My sister was dating a naturalized us citizen who had to complete a detailed form, signed by him with all his information just to be issued a new copy of his own naturalization cert.

Again, my intention is not to be mean but to be a helpful voice. Maybe someone of VJ knows of a way. My research on the USCIS website, however, suggests otherwise.

Edited July 12, 2012 by Bumbo1

[VanessaTony 3,567]

Okay first here's where you stand:

1. She was NOT an LPR or USC at the time (2003) you claimed she abused you (she only had her asylum granted) so VAWA for you is out based on anything that happened at that time.

2. She was NOT an LPR or USC at the time (2003) she abused the children (she only had her asylum granted) so the "abuse indicated" isn't relevant. The form is clear that she needs to have been an LPR or USC so VAWA is out based on that.

3. You claim she is NOW an LPR or USC (as of 2006/2007) but you have no proof she is.

4. You claim she and others call to harass you via phone from a blocked number. You have no proof it's her, you have no proof she made someone else call. This also is NOT abuse, it's harassment perhaps, but not abuse.

5. You know you married in 2000. Said marriage was validated in Court in 2003 but you DO NOT know if you are still married. She is able to divorce you from wherever she is living. You may never be able to prove she divorced you or that she didn't. For this reason YOU will have to file for divorce so that YOU have a record of being divorced if you ever want to re-marry

6. An Order of Protection was filed against YOU at some stage, she later revokes it but it's still on your record.

7. Her breach of Support Court isn't relevant to VAWA

8. Her choice of method of living her life (said "brutal photos") aren't relevant to VAWA

Things that might help you:

9. Hire an attorney/private detective who can perform a skip-trace on her. You said you have her SSN so you MIGHT get lucky, you also might not. This will be a way of locating her BUT I don't know whether that skip-trace will show whether she has updated her SSN to "USC". I don't think it's that detailed honestly.

Things to think about:

10. You asked about how a new Order of Protection would affect your case.

(i) In the event you get it approved (which you might due to her absence) it doesn't really prove anything because you weren't abused, you were/are being harassed.

(ii) You don't know if you're still married and there's no possible way to check EVERY place she could file from so hopefully they would just assume you were. In the event she ever comes up with paperwork showing you WERE divorced you could be in trouble for lying. But if you were divorced "in absentia" it would show you didn't know so you should be okay

(iii) You don't know that she's an LPR or USC. You assume she is based on her random phonecall statements but again, no proof and I don't think that legally you're allowed to know her status. Ask an attorney who would know whether there's a way to find out. Perhaps you could track her thanks to her A number or do a search for the oath ceremonies and see if they keep lists of those that attended. You never know.

11. By filing VAWA you draw attention to yourself. If you are denied (which honestly based on all your posts I think you will be because there isn't any "abuse" since being an LPR and you have no proof of these phonecalls being her nor is it likely to be legal to record the conversation in your state to TRY and prove it) then you will be on ICE's radar. It will be noted you've been here for so long and you will probably eventually be deported.

[SingleDad2usc 71]

I loved the itemization style, couldn't do it better myself! And thank you for NOT waffling, but speaking your mind. My instincts are that some of your answers were not correct - but this was one of the best posts so far in this thread. Thanx!

[SingleDad2usc 71]

I still feel we're not half-way thru the topic yet. Some particular questions that got zero coverage so far:

1. re-authorization already made it thru Senate, will go thru House soon - but no one seems aware of possible key changes

2. if prima facie is denied, or if adjudication is denied: what's next? is that a window to C-o-R? what timeline?

3. obtaining proof of Offender's status: I was under the impression that a lawyer could just enter A-number into the system - and done

4. there has to be a way of satisfying the condition of "not being divorced over 2 years ago"

5. details of Child neglect/abuse VAWA: Sandra's latest post threw a bomb - I have a gauranteed VAWA eligibility?!

6. Special VAWA Hardship factors from www.aila.org/...spx?docid=32374

7. if I help OCSE fraud prosecution, how would OCSE protect me and would it help VAWA?

8. if I win current Order of Protection, why wouldn't it couple with 2003-2004 events and make VAWA case?

[Boiler 45,519]

There has been a lot of abuse with VAWA, the talk on the street is that they will be tightening up eligibility.

[Ihavequestions 419]

My instincts are that some of your answers were not correct

Mods, why? Why?

[Sandra G. 5,048]

Single dad to find if she divorced you search public records

http://publicrecords.searchsystems.net/Free_Public_Records_by_Type_of_Record/divorce_Records/

USCIS cannot verify her status before the filing of the I-360.But if you provide an alien number (#A)and all facts they may check in their system. Anyway keep in mind the burden of proof is yours. Let's think you have the Vawa approved then to find out if she is a naturalized citizen your lawyer/advocate can contact Vermont Service Center via the hotline(special Vawa Phone line) or in writing to request a REVISED APPROVAL NOTICE to find out if she naturalized. Vermont Service Center may give to your lawyer a revised approval notice and you will qualify as an immediate relative, but they will just inform your lawyer about her naturalization AFTER the I-360 approval.

Let me explain something here if the abuse took place while she wasn't an LPR and then the she became an LPR after you separated, NOT DIVORCED, if you can make the connection and argue that the abuse continues after she became an LPR you may still be eligible.If she divorced you more than 2 years ago then there is no qualifying relationship in order to file Vawa.

Edited July 13, 2012 by sandranj

[Sandra G. 5,048]

Amy writes regarding your question Vermont currently cases are not being referred for removal if form I-360 was filed alone and denied, but if the individual file form I-360 along with I-485 and form I-360 is denied then the adjudicators refer to ICE for removal directly, because of that most lawyers do not advise to file I-485 along with I-360.

The individual CANNOT receive work permit if file form I-360 alone,just after Vawa approval, but if the I-360 and I-485 is filed simultaneously then the person is authorized to file for EAD. Many people need to work and they prefer to "risk" filing I-485 and I-360 simultaneously in order to obtain a work permit.

Edited July 13, 2012 by sandranj

[SingleDad2usc 71]

extremely informative!!! so it appears:

1. I don't really have to sweat - just provide her A# to file; divorce data from website.

2. I just need to show connection between previous conviction+indicated ACS cases and current threats

3. do Special VAWA Hardship factors come into play at initial app or at what point later?

4. does C-o-R (thanks to 10y+ overstay becomes possible if VAWA denied?

[SingleDad2usc 71]

I'm not sure what worried you here: that I have own opinion on the facts of my own topic? What we've seen so far - and there may be changes of opinion ahead, in this discussion - is as much as 180-DEGREE FLIP!! in individual assessment (if not in consensus yet) of whether there is a VAWA possibility in my present situation or not. 180-DEGREE REVERSAL is a difference between a NO and a YES. I'd like everyone to go ahead and respect the difference between a NO and a YES. If we can't understand the difference, we can't function in society.

Another concept to respect is (statistical) accuracy. I'll explain why statements like 46k parents of USC have been deported may be 90% misleading in majority of cases under consideration:

1. What percentage of 46k were Single Parents? It may turn out that next to ZERO.

2. What percentage of 46k had no record and had community awards? It may turn out that next to ZERO.

3. What percentage of 46k resided in NYC? It may turn out very small

4. What percentage of 46k had accumulated 10y+ of uneventful continuos overstay? It may turn out very small

5. What percentage of 46k had entered legally (upon inspection)? It may turn out small

If you multiply all these footnotes, the statistical result may be that less than 1% of "such" Parents get deported. A statement: parents of USC are deported all the time, while correct on its face, flops the test for some "case Parents" by 99%!! Wrong by 99%!!! (while sounding correct)

Look at statements that legally obtaining proof of Spouse's status seems impossible - while it may be as easy as submitting A#.

Look at statements that proving "no divorce" is problematic - while may be an internet search suffices.

Look at statements that 8-9 year old events are irrelevant - while connecting them with current events makes the case!

Look at precedent sighted by Sandra of VAWA stemming from abuse 16 years ago - we don't know details, but something to think about

Look at statements that USCIS officials do not care about humanitarian factors - such statement only shows little humanity.

Yes, USCIS official's job is to try and act within Law. But everyone admits that Laws are imperfect. There is a Law changed/overturned every day - does that mean that the Law was totally fair in the morning and is totally unfair by afternoon? What can I say about USCIS officer who sat on my wife's Asylum application for 1.5 years, without giving her a YES or a NO (a NO, received by others in just 2 weeks - enabled them to appeal to Judge). And then hearing from her that she's pregnant with a second USC-baby (which has zero bearing by Law on her Asylum case), sends her a X-mas present! Should I conclude that officer actions were strictly humanitarian?

Look, some of us believe in God, some believe in luck, and some believe in hard work. I encourage everyone on this forum to act humane, to strive for knowledge and facts, to help each other with frank relevant discussion. We shouldn't self-represent on immigration matters - but we should be well educated to team up with a Lawyer. Unless you have all the money in the world to consume infinite Lawyer's time and then change Lawyers at will.

On-line communication is tricky, and when in doubt - always ask poster nicely to clarify. Always try to advance the topic. VAWA is complex - and with re-authorization pending in 2012, there is still a lot of learning to be done in this topic

Mods, why? Why?

Edited July 13, 2012 by SingleDad2usc

[AmyWrites 593]

It doesn't matter what anyone tells you, you absolutely want to file VAWA, so just go ahead and do it.

[SingleDad2usc 71]

I encourage no one to "just do" anything in immigration. I encourage fruitful discussion and a lot of thought - only then engage a Lawyer

It doesn't matter what anyone tells you, you absolutely want to file VAWA, so just go ahead and do it.

[Boiler 45,519]

If you wish to proceed you will need to appoint a Lawyer.

The sooner the better.