Obtain proof of Spouse's status

[Sandra G. 5,057]

You can file the divorce now, you don't need to have the divorce finalized to submit along with form I-360, but at least you will show to USCIS that you were not divorced and decided to file for divorce now. They will be ok with that.

[Ihavequestions 419]

Sandra, the questions raised by other posters are indeed on-topic, because those posters need this information to fill in blanks and so that the OP can retain some credibility in their minds.

Credibility is a huge issue here. In this very thread there is at least one scenario that simply could not and would not have happened if the facts the OP has presented - in this very same thread - were, indeed, factual. Instead, facts have been emoted into stories of outright shenanigans and it's the shenanigans that get the "STAY ON TOPIC!" response.

Personally, I don't think his VAWA case passes the sniff test, but that may just be me.

[SingleDad2usc 71]

If it's VAWA related, then I'm interested

Credibility is a huge issue here. In this very thread there is at least one scenario that simply could not and would not have happened if the facts the OP has presented - in this very same thread - were, indeed, factual. Instead, facts have been emoted into stories of outright shenanigans and it's the shenanigans that get the "STAY ON TOPIC!" response.

Personally, I don't think his VAWA case passes the sniff test, but that may just be me.

[SingleDad2usc 71]

I have a few weeks to compose Affidavit, which I understand is the center-piece of VAWA submission. I also need:

1. corroborating affidavits

2. translation of Marriage Certificate (is self-translation allowed?)

3. Police Clearance (how dated is still OK by submitting?)

4. Criminal Court records of Dismissal of all false prosecutions by spouse 2002-2003

5. DNA

6. Divorce filing. I guess, because it's Supreme Court - nothing else can be filed there? (mother's rights, paternity, Child Support, order of protection?)

[SingleDad2usc 71]

Just checking: in June 2010, I sought Fair Hearing against ACS who were closing the case without first reviewing. I explained details to free Lawyer stationed at Fair Hearings' lobby. Later that month, letter came from his Legal Network: "I regret to inform you that we will be unable to take your case due to an adversarial conflict".

Two good things followed: 1) I self-represented at Hearing and won; 2) in preparation, I went straight thru a few ACS legal departments Downtown - ordinarely inaccessible. One ACS lawyer in records happened to be a widow of the scientist whose work I knew. She told me: come back by tonite, and I'll have all the files ready for you - my assistant will need to black out informants names and copy hundreds of pages. I say: how will I get in? She winked: you're the first parent who got in here. I'm sure you'll find your way, here is my card. So as the result, I have a lot of ACS investigation pages of 10 years ago.

My question goes back to pro-bono Law Network above: may I or my future Lawyer try to serve Divorce papers thru them?

[SingleDad2usc 71]

I mean (thanks Belinda for NY Divorce links): says all attempts should be made to serve. If her last known address dated 2006, why not try Law firm who practicly acknowledged in 2010 to have her as a client?

[Sandra G. 5,057]

Single dad self-translation is allowed. Provide Police clearance from August 2007 to present(last 5 years).

Submit documents to USCIS just regarding the violence/abuse suffered and just one document showing you have the children custody.If the hearings were not related to the abuse DO NOT SUBMIT at all. Do not send papers showing how the kids are doing in the last 10 years because Vawa Unit is not interested about how they are living or how good father you are, they want proof that your kids or you were abused. You can submit psychological evaluations from the last 10 years showing the kids suffered mental abused.

Regarding the question if USCIS can verify her status before filing I-360.George Murphy (CIS Vermont Service Center VAWA Unit Supervisory Adjudicator), Michelle Young (CIS Vermont Service Center VAWA Unit Supervisory Adjudicator), Karen Saunders (San Diego CBP Field Operations Supervisor), Dorothy Stefan (Seattle ICE Office of Chief Counsel answer NO.

"....14. Is there a way for us to verify with VSC before filing whether an abuser is a LPR, when we know the abuser has had a pending I-485?

No. VSC cannot verify an abuser’s status before the filing of the I-360. They can only do so in conjunction with a filed I-360. Provide ALL of the facts you have and VSC will look hard in their system. The more info that you provide, the better the likelihood that VSC can find someone in the system..."

Edited August 11, 2012 by sandranj

[Sandra G. 5,057]

You can try to serve divorce papers where she works,lives etc..but due conflict of interest YOU CANNOT TRY to serve through the Law firm who had her as a client. Lawyers cannot disclose information regarding their clients. It's about legal ethics.

[SingleDad2usc 71]

So VSC says NO to prior verification. What did u mean before, saying large non-profit can obtain USCIS info? Did u mean any authorized SAVE user can?

[Sandra G. 5,057]

I know two cases of large non profit that they got the informations prior filing I-360, but it's about being lucky not the Law.

[SingleDad2usc 71]

Which comes back a little to OCSE: I can't believe they are not authorized to obtain that(?)

[Ihavequestions 419]

Which comes back a little to OCSE: I can't believe they are not authorized to obtain that(?)

Whether OCSE is able to obtain that or not doesn't matter because they can't tell you due to privacy rights.

[Boiler 45,940]

Submit documents to USCIS just regarding the violence/abuse suffered and just one document showing you have the children custody.If the hearings were not related to the abuse DO NOT SUBMIT at all. Do not send papers showing how the kids are doing in the last 10 years because Vawa Unit is not interested about how they are living or how good father you are, they want proof that your kids or you were abused. You can submit psychological evaluations from the last 10 years showing the kids suffered mental abused.

Presumably the abuse evidence needs also to be linked to the Mother?

How would you go about doing this after so many years have elapsed and the children were os young.

[SingleDad2usc 71]

read a little above: that's precisely ACS investigations I was lucky to have obtained. Plus pictures. Plus 3 letters of finding abuse "indicated" against the mother. Plus 2004 physical disposition of children

Presumably the abuse evidence needs also to be linked to the Mother?

How would you go about doing this after so many years have elapsed and the children were os young.

[SingleDad2usc 71]

darn, they're now covering their behind for not doing this in 2006, and simply allowing her fraudulent VOIP to dismiss the case

Whether OCSE is able to obtain that or not doesn't matter because they can't tell you due to privacy rights.