Help me i-360 / i-485 / i-756

[Snuffingcat 1]

I entered on a esta visa, Since the day i got here i spent time with a rather interesting woman we found such a big liking for each others we got married att that time my visit in the united states had been for over five months now. She was polite most of the time friendly the kind of woman that i felt was my dreampartner she still is in my opinion. So we were about to send away the form i-130 and i-485.

But there was something i started to notice later down the road there was something with my wife that i could not explain, Every time there was something that was difficult or that was hard to "do" she would litterly flip out total crazy angry extrem anger, att som points she would just sit down and cry there was also alot of energy in her att the same time she would stay upp all nights long and sleep her days away.

There was one day she wanted me to stop smoking and we all know how it is, its not that easy to just throw it away any way she cought me smoking outside one day. This ended in a furious rage she screamed att me throw stuff around and said i was a lier and i simply said " I am sorry honey but your a lier aswell you promised me to calm down but yet you get that angry wich stresses me out wich makes me grab a smoke "

She then started punching att me like i was some kind of punching bag and well... i do not hit women so i did take some beating bumps all over my head and ontop of that some blood puring out of the nose and mouth, She had stated many times that she was in need of help like psychological help mental care i did bring this up with her mother many times and she just said oh she just says that for attention she have said that since she was a little girl! She will get better...yeahh right

att this point i sat down in shock i was both angry and frustrated but att the same time i was extremly sad and i felt how could somone that loves and cares for me do something like this towards me ? I then stood upp again and washed of my face but as i walked out the door somone had calld the police. My wife went right in to jail for Domestic violence and battery, I did not drop and charges on my wife i got her out by three days i did not take her to the the highest court wich the state wanted me to i said she was innocent i was twenty years old att that point. Att the same time i understood that she loves me but she is in bad need of help she cant controll her actions or the way she reacts or how her emotions spins.

Later on i signed the form i-360 along with 1-485 it was all acepted and waived and they sent me biometrics code 3 for my i-485

after that they sent me a letter back according to the i-360 ( RFE ) they wanted proof that i was a guy of good moral and character and that i married my wife in good faith ( still married ) i sent evidence for the RFE and a week later there was a notice from the uscis in my mailbox, prima facie case you may use this notice for public benefits and its vaild for 180 days a decision will be made on this case. There was also a blue notice behind it saying you may use this to blue notice to send documentation, criminal background / Never been arrested in my life, now i sent them our wedding pitcues court pappers pre trial realse pictures of us kissing every thing so it was a prima facie case ? i gave them the information they wanted

I stated she is in bad need of mental help wich she is about to receive right now she has apologized for me many times and i said the only way its going to work is if you get help so she is, and i also stated that for the uscis we both still live togheter are married and our working her problems out step by step, But domestic violence will always be domestic violence.

Whats after the prima facie case public benefits for 180 days ? Oh and when that showd up i sent away the form i-756 to work because i dont want to live on public benefits for 180 days,

[Sandra G. 5,079]

Prima facie is the beginning of your Vawa case, some people are waiting 14/18 months to have their case adjudicated.Do not wait any decision regarding your Vawa case soon. You may have your form I-360 approved, but if you are going yo live together with your wife again probably you will have your I-485 denied, keep in mind that your AOS will be based in the I-360 approval, and your wife is not your sponsor, because Vawa cases do not need sponsor.

[Snuffingcat 1]

Prima facie is the beginning of your Vawa case, some people are waiting 14/18 months to have their case adjudicated.Do not wait any decision regarding your Vawa case soon. You may have your form I-360 approved, but if you are going yo live together with your wife again probably you will have your I-485 denied, keep in mind that your AOS will be based in the I-360 approval, and your wife is not your sponsor, because Vawa cases do not need sponsor.

They dont judge on personal matters like that they are not even allowed to ask about the abouse whith a good laywer att the 1-485 interview, So no sir i see it rather hard to get i-485 denied thanks for you tip tough,

[Sandra G. 5,079]

I just didn't get your point. I am an attorney specialized in Vawa cases, with almost 6.000 Vawa cases approved. My information is 100% accurate. But you are entitled to believe in what you want.Good luck.

Edited September 22, 2012 by sandranj

[Snuffingcat 1]

I just didn't get your point. I am an attorney specialized in Vawa cases, with almost 6.000 Vawa cases approved. My information is 100% accurate. But you are entitled to believe in what you want.Good luck.

So your saying my i-485 will get denied because me and my wife does not have an divorce and that she is trying to get help for problems ?

There is wava cases where the marriage has not been terminated, I was the victim of domestic violence and thats it, Also willing to join the us military itself, So what if my i-485 would be denied would that be my judgment day or what is it that your trying to tell me.

[Moomin 292]

So your saying my i-485 will get denied because me and my wife does not have an divorce and that she is trying to get help for problems ?

There is wava cases where the marriage has not been terminated, I was the victim of domestic violence and thats it, Also willing to join the us military itself, So what if my i-485 would be denied would that be my judgment day or what is it that your trying to tell me.

Are you still living with your wife?

If you're back together, then there's no reason for VAWA. If you don't plan on leaving your wife, then there's no case. If you're working it out, then your wife should be your sponsor because either you are her responsibility(living together, married), or you're not. It's not both.

I think it would be good to read a few timelines and VAWA stories to understand exactly what is needed, who goes through it and how it's determined that you're eligible. I'd however trust sandranj on this topic.

Lycka till.

[Snuffingcat 1]

Are you still living with your wife?

If you're back together, then there's no reason for VAWA. If you don't plan on leaving your wife, then there's no case. If you're working it out, then your wife should be your sponsor because either you are her responsibility(living together, married), or you're not. It's not both.

I think it would be good to read a few timelines and VAWA stories to understand exactly what is needed, who goes through it and how it's determined that you're eligible. I'd however trust sandranj on this topic.

Lycka till.

Bom

Recently the above issue was addressed by the USCIS District Office in Chicago, Illinois. Specifically, the issue is whether a VAWA applicant who was approved as a self-petitioner and is now filing an adjustment of status petition is required to have obtained a divorce from the abuser, before the adjustment of status petition can be approved by USCIS. In other words, if the applicant has obtained VAWA status (under Violence Against Women Act) and filed a petition based on the abuse he or she suffered at the hands of a U.S. citizen abuser, does that applicant have to divorce the abuser to qualify for a green card?

The clear answer provided by the USCIS District Office in Chicago, Illinois is that a divorce decree is NOT required. In fact, in some VAWA cases the applicant still lives with the abuser and remains eligible for VAWA status. At the USCIS District Office in Chicago, Illinois, an Officer had requested a divorce decree, and if none could be provided, then the applicant was told that he or she needed to obtain a divroce before the adjustment of status could be approved.

The above issue was addressed at the liaison meeting, and the conclusion was that the above Officer would review the case again since a divorce decree is NOT needed before the case can be approved. Also, while the above issue was discussed for the USCIS District Office in Chicago, Illinois, the general policy indicated above should be correct for all USCIS District Offices.

[Moomin 292]

Bom

Recently the above issue was addressed by the USCIS District Office in Chicago, Illinois. Specifically, the issue is whether a VAWA applicant who was approved as a self-petitioner and is now filing an adjustment of status petition is required to have obtained a divorce from the abuser, before the adjustment of status petition can be approved by USCIS. In other words, if the applicant has obtained VAWA status (under Violence Against Women Act) and filed a petition based on the abuse he or she suffered at the hands of a U.S. citizen abuser, does that applicant have to divorce the abuser to qualify for a green card?

The clear answer provided by the USCIS District Office in Chicago, Illinois is that a divorce decree is NOT required. In fact, in some VAWA cases the applicant still lives with the abuser and remains eligible for VAWA status. At the USCIS District Office in Chicago, Illinois, an Officer had requested a divorce decree, and if none could be provided, then the applicant was told that he or she needed to obtain a divroce before the adjustment of status could be approved.

The above issue was addressed at the liaison meeting, and the conclusion was that the above Officer would review the case again since a divorce decree is NOT needed before the case can be approved. Also, while the above issue was discussed for the USCIS District Office in Chicago, Illinois, the general policy indicated above should be correct for all USCIS District Offices.

Hence my question "are you still living with your wife" - it wasn't about still being married. Hard to prove physical (or emotional) abuse when you're still under the same roof because you're putting yourself at risk, and you're willing to do so.

While some still lived together and had their case approved, it does not mean that your case will be looked at the same because all cases are treated as individual cases due to the circumstances.