i360

[sync78 0]

Im in the removal proceedings and divorced from my abusive ex husband who reported me to the immigration a day after i kicked him out of our apartment in april 2010. I filed for VAWA and to date my case is still pending, last week i received a RFE. Im lost simply cuz i submitted all the documents required. I have been waiting for more than a year only for them to send me a RFE. IS it normal to receive an RFE?? One of my friend s told me that there are higher chances of getting denied if u get an rfe and if i get denied will i be deported or will they give me a chance to appeal??I have been dating a USC since the beginnning of this year and we just got engaged. He wants us to get married sooner but i explained to him my situation and he said he would wait for as long as it takes. So my question is, is it ok to get married if u have a pending vawa and pending removal proceedings?? my next court date is next month...Somebody plz help me...im baffled and lost.

[SingleDad2usc 71]

I'm sure someone will answer and quick; but what's the RFE detail?

[sync78 0]

Im in the removal proceedings and divorced from my abusive ex husband who reported me to the immigration a day after i kicked him out of our apartment in april 2010. I filed for VAWA and to date my case is still pending, last week i received a RFE. Im lost simply cuz i submitted all the documents required. I have been waiting for more than a year only for them to send me a RFE. IS it normal to receive an RFE?? One of my friend s told me that there are higher chances of getting denied if u get an rfe and if i get denied will i be deported or will they give me a chance to appeal??I have been dating a USC since the beginnning of this year and we just got engaged. He wants us to get married sooner but i explained to him my situation and he said he would wait for as long as it takes. So my question is, is it ok to get married if u have a pending vawa and pending removal proceedings?? my next court date is next month...Somebody plz help me...im baffled and lost.

[Anh map 2,098]

What advice does your attorney give you?

The best feedback will come from someone who is knowledgeable and has all the information pertaining to your circumstances.

[sync78 0]

I'm sure someone will answer and quick; but what's the RFE detail?

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It was RFE for residence with the ex, battery and extreme cruelty,good moral character and lastly good faith. I submitted all that but it loks like that aint good enough.

[SingleDad2usc 71]

I'm glad I asked... An expert may answer your question, hopefully soon; I'm just trying to educate myself and file VAWA via pro-bono immigration lawyers. It sounds like you originally filed without any help? Do you have help now?

[sync78 0]

I'm glad I asked... An expert may answer your question, hopefully soon; I'm just trying to educate myself and file VAWA via pro-bono immigration lawyers. It sounds like you originally filed without any help? Do you have help now?

Yes i tried to file via pro-bono but they dropped my case since i wasnt documented yet i was working,it was a lil complicated but pro bonos are the best since most of them especially the catholic charities deal with that kinda stuff quit often. Im now past all that cz i eventually hired an attorney and i also got my EAD and renewed it just this year. Best of luck with your case.

Edited August 23, 2012 by sync78

[Sandra G. 5,048]

If you get married now your Vawa case will be canceled. During removal proceedings your husband cannot petition for you based on a marriage formed unless you leave the U.S. for two years (INA § 204(g)).

.There is an automatic presumption that the marriage is fraudulent when it happens during removal proceedings. If you are living with your boyfriend for a while, and you have a genuine relationship then you may have a chance to get married and adjust your status in the USA,or if you made plans before the removal proceedings to get married and you were already taking care of things such as organizing the party, church etc...you will be able to prove a bonafide marriage or if you have a child with him as well. Besides these circumstances i don't recommend you get married with him, because you won't be able to stay here based in your marriage with him.

You have a Vawa case pending then the judge won't decide anything regarding your removal next month, but do not go alone to the Court.Are you living in the USA more than 3 years? if yes then your lawyer can ask for "VAWA Cancellation".You can apply for VAWA cancellation only if you are in removal proceedings.Vawa is decided by USCIS, but vawa cancelations is decided by an Immigration Judge. If you arrived in USA more than 3 years ago the you can apply for this kind of relief,otherwise you will keep your Vawa.

You can have your I-360 approved if you received an RFE, no problem at all. Ask your lawyer to call USCIS because you got the RFE more than 1 year ago. He can ask USCIS to expedite your vawa because you are in removal proceedings. Good luck.

Edited August 23, 2012 by sandranj

[Sandra G. 5,048]

You opened two threads talking about your case.I answered your question before.

http://www.visajourney.com/forums/topic/384821-i360/page__pid__5634378#entry5634378

[sync78 0]

Hi Sandranj, Thanks a lot for the info. I actually received my RFE last week and some of the things they are asking for is impossible to get for instance, my ex hubby moved in with me when i already had an apartment so there was no way i could add him and his rental history couldnt allow him to be added to my lease, so i got a letter from the leasing office stating why they couldnt add him but my RFE want me to include things like that. Then the utilities were in my name too except fr the phone bill but they want more utilities included.

I have been in the removal proceedings since april 2010 when the ex an i finally called it quits cuz he would constantly choke me an hit me, and he moved in with another woman. Prior to that he always threatened me with ICE and finally when it was over between us he sought vengeance by calling ice on me simply cuz i asked him to leave and told the leasing office who in turn sent him a letter since he wasnt an occupant on my lease.

After ice came to pick me up they gave me a NOTICE TO APPEAR and i have been going to see an IJ and DO since then. My lawyer advised me to file for i360 for vawa since the relationship was abusive and thats what i did in may 2011. Since then i never heard a word frm VSC until last week when they send me an RFE. So if my vawa gets denied will they deport me or what are they options that i would get since u said re-marrying was not an option??? My current fiance and i are gonna be moving in together around october but like i said earlier we are not married and im not intending to get married until my vawa case is over.

[sync78 0]

If you get married now your Vawa case will be canceled. During removal proceedings your husband cannot petition for you based on a marriage formed unless you leave the U.S. for two years (INA § 204(g)).

.There is an automatic presumption that the marriage is fraudulent when it happens during removal proceedings. If you are living with your boyfriend for a while, and you have a genuine relationship then you may have a chance to get married and adjust your status in the USA,or if you made plans before the removal proceedings to get married and you were already taking care of things such as organizing the party, church etc...you will be able to prove a bonafide marriage or if you have a child with him as well. Besides these circumstances i don't recommend you get married with him, because you won't be able to stay here based in your marriage with him.

You have a Vawa case pending then the judge won't decide anything regarding your removal next month, but do not go alone to the Court.Are you living in the USA more than 3 years? if yes then your lawyer can ask for "VAWA Cancellation".You can apply for VAWA cancellation only if you are in removal proceedings.Vawa is decided by USCIS, but vawa cancelations is decided by an Immigration Judge. If you arrived in USA more than 3 years ago the you can apply for this kind of relief,otherwise you will keep your Vawa.

You can have your I-360 approved if you received an RFE, no problem at all. Ask your lawyer to call USCIS because you got the RFE more than 1 year ago. He can ask USCIS to expedite your vawa because you are in removal proceedings. Good luck.

So basically you are saying i can apply for vawa cancellation and get married to my fiance??? This situation is so overwhelming to my fiance, he is so scared on my behalf and fears for the worst, he tried to make me cancel my vawa so we can just get married but i feel like thats the only revenge i can have against my abusive ex. I have been in the US fr 8 years and counting...So is vawa cancellation some type of relief or what??? Im so confused at this point, idk what to do and my lawyer isnt giving me much info. The first time i went for my master hearing to see an IJ i went by myself and i had a few of my paperwork which i presented to the judge but after that i have been going with an attorney. At times i think i should have done all this by myself, maybe it would be faster coz it only me that knows what i need and how it feels to be abused, in the removal proceedings and to have a vawa case that may/may not be denied.

[Ban Hammer 13,347]

duplicate topics have been merged

[Sandra G. 5,048]

If you apply for Vawa cancelation of removal the Judge will decide your Vawa case, after he approves your case you can get married. The vawa cancelation removal decision won't be based because you are getting married or got married, but based in domestic violence. You can apply for vawa cancellation then talk with your lawyer about it. You can get some information reading this link.

http://www.legalmomentum.org/assets/pdfs/www3_4_vawa_cancellation_of_removal.pdf

As I said before if you get married before the adjudication of form I-360 your vawa case will be canceled.It's not easy to adjust status in removal proceedings,because the Immigration Law States you need to stay abroad 2 years in order to file AOS, but in a few circumstances they may accept the married when in removal proceedings. For everything you told here i don't think you will get any benefit with the Law exception, because you are dating just a few months. It's different when an individual is in removal proceedings but they are living together 1 year, 2 years, they basic have a relationship established before the removal proceedings.

Disclaimer: The informations and links posted here are only educational and should not be construed as legal advice.

Edited August 23, 2012 by sandranj

[sync78 0]

Thank you sandranj. Do u know if they have a waiver for that 2 year rule?

[bigdog 376]

Best of Luck to you.