Obtain proof of Spouse's status

[Karee 4,190]

If she is is not a US citizen or LPR then you do not qualify for residency under VAWA.

I think that is the 8th time you've told him that. Somehow it's not getting through to him. Not sure why.

[SingleDad2usc 71]

I've dedicated topic to this subject, a very important subject for many potential Self-Petitioners. Suggestions so far can be ranked:

1. Large Non-Profit requesting USCIS

2. Authorized inquiry in SAVE

3. Citizenship Ceremonies records (still don't understand how)

4. Filing VAWA blindfolded with spouse's A#

I'm sure there must be an un-aired yet solution

I think that is the 8th time you've told him that. Somehow it's not getting through to him. Not sure why.

[SingleDad2usc 71]

Pages 8-10 of ihavequestions' 48p. link probably mean that my Spouse could've re-habilitated her 2003 criminal conviction to achieve LPR in 2007 and USC by 2012

[Messybrownhair 251]

So you are actually only assuming she became a LPR/USC. Whats your plan if she didnt?

[belinda63 3,038]

Yep he has made a lot of assumptions here, maybe that's why he hasn't filed yet. He doesn't know if she is an LPR or Citizen, he doesn't know if she divorced him or if she did, if it has been more than 2 years (divorced more than 2 years he won't qualify for VAWA). He doesn't know if she lives in the US. He has no proof of recent abuse (it's all from about 8 or more years ago) although Sandra says that doesn't matter, and what abuse did happen was before she obtained LPR status (if she did).

[Boiler 45,519]

LPR should've been easy as early as 2007, unless she'd accummulated more trouble. USC could've been filed in 2011 (as her 2007 GC would come with 1 year already on it) - but would be harder to adjudicate with her record

You are assuming she is pro active and not taking into account processing time.

But everything you have said about her suggests the opposite.

If she applied for LPR status it sounds like she would have had a long rap sheet to explain.

Whilst it is theoretically possible she could have achieved US Citizenship it is both unlikely and irrelevant.

SO

What leads you to believe she is a LPR?

[Boiler 45,519]

The safe bet would be to wait for the oldest Child to turn 21 and sponsor you.

[Ihavequestions 419]

Yep he has made a lot of assumptions here, maybe that's why he hasn't filed yet. He doesn't know if she is an LPR or Citizen, he doesn't know if she divorced him or if she did, if it has been more than 2 years (divorced more than 2 years he won't qualify for VAWA). He doesn't know if she lives in the US. He has no proof of recent abuse (it's all from about 8 or more years ago) although Sandra says that doesn't matter, and what abuse did happen was before she obtained LPR status (if she did).

He would also have to explain how the abuse/cruelty prevented him from seeking relief through VAWA for ... eight years.

[Boiler 45,519]

Not sure if that matters.

[Karee 4,190]

The safe bet would be to wait for the oldest Child to turn 21 and sponsor you.

Yep.

[SingleDad2usc 71]

Let me correct your perception of my Spouse. She's criminally insane, which doesn't take away her talents. She turned out much better advised than me, when it came to OCSE. Her 2003 plea, apparently, is re-habable - according to ihavequestions' link. I have no info of (possible) other record.

You are assuming she is pro active and not taking into account processing time.

But everything you have said about her suggests the opposite.

If she applied for LPR status it sounds like she would have had a long rap sheet to explain.

Whilst it is theoretically possible she could have achieved US Citizenship it is both unlikely and irrelevant.

SO

What leads you to believe she is a LPR?

[Ihavequestions 419]

Let me correct your perception of my Spouse. She's criminally insane, which doesn't take away her talents. She turned out much better advised than me, when it came to OCSE. Her 2003 plea, apparently, is re-habable - according to ihavequestions' link. I have no info of (possible) other record.

Not necessarily. Have a look at this:

http://immigrantdefenseproject.org/wp-content/uploads/2012/01/IDP.checklist201112_opt.pdf

Actually, you should probably spend some time reading and reading and reading; lots of good information on that site. You may even want to call them and see if they have any advice for you.

[SingleDad2usc 71]

Another very helpful to so many people link! This topic is becoming very-very informative, I can't thank you enough!

Now, in regard to my spouse. While her conviction is very important in my VAWA (because it was DV), she pleaded guilty to merely "A Misdemeanor" in 2003, and she complied with mandates of Mental Hygiene by 2004. In your link, I haven't even seen any Misdemeanors, any cases of completed Mental Hygiene therapy, or old cases (5 years appears important milestone for... Felonies). I see no obstacle for her whatsoever, even for USC

[Boiler 45,519]

Let me correct your perception of my Spouse. She's criminally insane, which doesn't take away her talents.

So why do you think she has Permanent Residency Status?

Is there something to lead you to believe that?

[Boiler 45,519]

Another very helpful to so many people link! This topic is becoming very-very informative, I can't thank you enough!

Now, in regard to my spouse. While her conviction is very important in my VAWA (because it was DV), she pleaded guilty to merely "A Misdemeanor" in 2003, and she complied with mandates of Mental Hygiene by 2004. In your link, I haven't even seen any Misdemeanors, any cases of completed Mental Hygiene therapy, or old cases (5 years appears important milestone for... Felonies). I see no obstacle for her whatsoever, even for USC

First she would need to be a PR, and that would have to have happened c 5 and half years ago or longer.

So what leads you to believe she became a PR?