Vawa part3

[Macbook 2]

Hello my dear friends. Today I got denial letter from VSC and if was not sad situation it would be comic one. Reasons why my petition was denied are;

Section 204(a)(1) of Act, as amended, requires that a self-petitioning spouse must show that he or she:

(1) has a qualifying relationship as the spouse, intended spouse, or former spouse of a citizen or lawful permanent resident of the United States;

(2) is eligible for immigrant classification under section 201(b)(2)(A)(i) of the Act, based on a qualifying relationship with a citizen of the United States; or section 203(a)(2)(A) of the Act, based on a qualifying relationship with a lawful permanent resident of the United States;

(7) entered into the qualifying relationship in good faith.

So I "fail" to proof that

(1) My wife is US citizen

(2) I was eligible for immigrant classification

(7) establish that I entered into the qualifying relationship to the citizen in good faith.

[indianguyyyy 0]

Hello my dear friends. Today I got denial letter from VSC and if was not sad situation it would be comic one. Reasons why my petition was denied are;

Section 204(a)(1) of Act, as amended, requires that a self-petitioning spouse must show that he or she:

(1) has a qualifying relationship as the spouse, intended spouse, or former spouse of a citizen or lawful permanent resident of the United States;

(2) is eligible for immigrant classification under section 201(b)(2)(A)(i) of the Act, based on a qualifying relationship with a citizen of the United States; or section 203(a)(2)(A) of the Act, based on a qualifying relationship with a lawful permanent resident of the United States;

(7) entered into the qualifying relationship in good faith.

So I "fail" to proof that

(1) My wife is US citizen

(2) I was eligible for immigrant classification

(7) establish that I entered into the qualifying relationship to the citizen in good faith.

OMG I can not understand on what basis they sent you prima facie before and renewed your prima facie... I am confused only sandranj can help...

Here: http://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-30133/0-0-0-35080/0-0-0-39264.html

e prima facie determination will be made only after a self-petition has been filed with the Service, and the decision to issue that Notice of Prima Facie Case (Notice) rests solely with the Service. In evaluating whether a self-petitioner has established a prima facie case, the Service must have evidence of each of the required elements of the self-petition as detailed in Service regulations at § 204.2©(1) and (e)(1). Accordingly, self-petitioners should submit Form I-360 and credible relevant evidence in support of the petition addressing each of the statutory elements as detailed in the instructions accompanying Form I-360: (1) existence of the qualifying relationship; (2) the citizenship or immigration status of the abuser; (3) the self-petitioner's eligibility for immigrant classification; (4) residence in the United States; (5) evidence that, during the qualifying relationship, the petitioner and abuser resided together in the United for some unspecified period of time; (6) battery or extreme cruelty ; (7) good moral character; (8) extreme hardship; and (9) in the case of a self-petitioning spouse, good faith marriage. The elements and evidentiary requirements are set forth in 8 CFR § 204.2©(1) and (e)(1).

[indianguyyyy 0]

Hello my dear friends. Today I got denial letter from VSC and if was not sad situation it would be comic one. Reasons why my petition was denied are;

Section 204(a)(1) of Act, as amended, requires that a self-petitioning spouse must show that he or she:

(1) has a qualifying relationship as the spouse, intended spouse, or former spouse of a citizen or lawful permanent resident of the United States;

(2) is eligible for immigrant classification under section 201(b)(2)(A)(i) of the Act, based on a qualifying relationship with a citizen of the United States; or section 203(a)(2)(A) of the Act, based on a qualifying relationship with a lawful permanent resident of the United States;

(7) entered into the qualifying relationship in good faith.

So I "fail" to proof that

(1) My wife is US citizen

(2) I was eligible for immigrant classification

(7) establish that I entered into the qualifying relationship to the citizen in good faith.

you must received denied letter like this...you need to observe what is missing....

Example : I-360 Denial Letter

http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2005/APR272005_03B9204.pdf

Second:

http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2006/Oct042006_01B9204.pdf

Edited April 23, 2013 by indianguyyyy

[Macbook 2]

Documents that I send to VSC at the time of application and on first and second RFE (based on those things that they denied me on):

(1) Copy (and in September i send certified copy) of Marriage license from county - But that is not good enough proof that I was married (What else I should send?!)

(2) Copy of APPROVED I-130 with directions where they can find my wife's US birth certificate in there file (because I don't have her Birth Certificate or passport, and I can't get it because of privacy and I can't ask abuser who destroyed me mentally, physically, emotionally and financially to provided me with those documents)

(7) I submitted thirteen affidavits from friends (very respectful people, US Marshal, Priest, Army Sargent, Attorney, University Professor etc.) stating that my marriage was bona fide most of them attendant my wedding ceremony, also sanded joint accounts with Gas and Electric company, Copy of Income tax return, credit card statement in both names, old lease agreement etc.

Problem with affidavits according to VSC is following:

"The affidavits submitted by your friends are vague and do not contain complete information and details explaining how the person acquired his or her knowledge of the marriage." MY FRIENDS WHERE PRESENT AT WEDDING CEREMONY AND THEY EXPLAIN IT IN AFFIDAVIT!!!

I don't understat how they overlook this very important proofs?!

[Macbook 2]

you must received denied letter like this...you need to observe what is missing....

Example : I-360 Denial Letter

http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2005/APR272005_03B9204.pdf

Second:

http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2006/Oct042006_01B9204.pdf

Where I can find more examples of this? Possibly approved appeals? If you can please give me link. I will try to find some similar cases to mine, because those two what you posted where not even close to mine.

Thanks!

[indianguyyyy 0]

Where I can find more examples of this? Possibly approved appeals? If you can please give me link. I will try to find some similar cases to mine, because those two what you posted where not even close to mine.

Thanks!

may be this will help. Please do case study throroughly.. I also think that I dont have much proof and mine case is same like you...

1)http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2006/Jul062006_01B9204.pdf

2)http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2006/Oct032006_01B9204.pdf

3)http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2006/Mar272006_01B9204.pdf

4)http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2006/May232006_03B9204.pdf

5)http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2006/JUN012006_20B9204.pdf (this will help you)

In approval they dont send reason..its simple I-797(notice of action)... same as I-130... only denied letter have explanation by law.

As per my case study.. Every information you put in personal statement should match with friends statement... like Lie detector test... More friend affadavit you submit.. there is much lie detector test they do... they will match each and every sentence..

I have seen denied letter where they given basis of mismatch of only one sentence... think as you are in court and they are performing lie detector test...

you need to give how you started dating...how romance began...where you went to honeymoon?? does your friends seen photos of you on facebook and liked?? every details should match word by word in your statement and your friends statements...I hope this will help..

Vawa document list: http://www.nc-van.org/documents/VAWA%20Checklist%20English.pdf

Edited April 23, 2013 by indianguyyyy

[Kittykitty1234 2]

Hi everyone. I just went to DMV today and just want to share my experience.

Firstof all, i'm in PA.

I gave the clerk

1-social security card (original)

2-valid passport

3-work permit ( expires in 11 months)

4-proof of residency

As you know i was worried because PA require at least 1year of legal presence.

It turned out to be good. He said i'm good to take written test today and also told me that my Driver's license will be expired as my workperimit.

I didnt even show him the PF. Once i showed him my work permit, he said its enough.

Edited April 23, 2013 by Irara

[ishka86 1]

Hello my dear friends. Today I got denial letter from VSC and if was not sad situation it would be comic one. Reasons why my petition was denied are;

Section 204(a)(1) of Act, as amended, requires that a self-petitioning spouse must show that he or she:

(1) has a qualifying relationship as the spouse, intended spouse, or former spouse of a citizen or lawful permanent resident of the United States;

(2) is eligible for immigrant classification under section 201(b)(2)(A)(i) of the Act, based on a qualifying relationship with a citizen of the United States; or section 203(a)(2)(A) of the Act, based on a qualifying relationship with a lawful permanent resident of the United States;

(7) entered into the qualifying relationship in good faith.

So I "fail" to proof that

(1) My wife is US citizen

(2) I was eligible for immigrant classification

(7) establish that I entered into the qualifying relationship to the citizen in good faith.

OMG , i'm so sorry for that (

[Hopeforever 1]

Hello my dear friends. Today I got denial letter from VSC and if was not sad situation it would be comic one. Reasons why my petition was denied are;

Section 204(a)(1) of Act, as amended, requires that a self-petitioning spouse must show that he or she:

(1) has a qualifying relationship as the spouse, intended spouse, or former spouse of a citizen or lawful permanent resident of the United States;

(2) is eligible for immigrant classification under section 201(b)(2)(A)(i) of the Act, based on a qualifying relationship with a citizen of the United States; or section 203(a)(2)(A) of the Act, based on a qualifying relationship with a lawful permanent resident of the United States;

(7) entered into the qualifying relationship in good faith.

So I "fail" to proof that

(1) My wife is US citizen

(2) I was eligible for immigrant classification

(7) establish that I entered into the qualifying relationship to the citizen in good faith.

I am so sorry to hear that. This is a very difficult process and gathering the information is hard. Best we can do is pray and try again, never give up!

[Hopeforever 1]

Hi everyone THanks a lot ..thanks a lot.,,. Thanks a lot ..thanks a lot .....

I got my interview AOS today 10:45, approved thank GOD ......Sandra, everyone in these forum ....thanks a lot .. Thanks ..thanks a lot ...

Congratulations, praise good he is good.

[Cc1988 2]

Hi everyone THanks a lot ..thanks a lot.,,. Thanks a lot ..thanks a lot .....

I got my interview AOS today 10:45, approved thank GOD ......Sandra, everyone in these forum ....thanks a lot .. Thanks ..thanks a lot ...

My vawa was approved in February how long after your I360 got approved did it take to get your interview date? Please I just want to know of a time frame.

[Sir Charge 1]

faithkeeper call some shelters and ask them referral to see a psychologist they do that.You don't need to be in the shelter to have free counseling, or find some free clinic in your State.

Hi Sandra,

I saw this exchange and had a question. I suffered both physical and mental abuse however with the physical abuse I took pictures showing the marks left on my body ( when the wounds were still fresh, swollen and bleeding)However the pictures did not show my face. Do you think they will send me an RFE? I still have some of the marks on my body (which I fear are permanent now that its been years) if they ask but I'm just curious about that.

[Sandra G. 5,056]

Maccbook you should file I-360 again and please no more mistakes huh?

-You submitted marriage license, WRONG, you must submit marriage certificate.Marriage license just show you applied to obtain a license to get married not that you got married

-You informed/instructed Vawa Unit to find copy of your wife birth certificate. Did you submit proof showing that you tried to obtain copy of her birth certificate but you could not obtain the copy?. It's not enough to say hey check my petition I-130 and you will find copy of her birth certificate. There is a memorandum from Uscis saying they may search the spouse status if you were UNABLE to find a copy of her birth certificate/status.If you know what State she was born then you are able to get a copy of her birth certificate with the County Record, and of course Uscis will not search for you if you know where to get tho. For example singledad posted here before he didn't know if his wife is a green card holder or a US Citizen then he asked Uscis to search about her status and they will search for sure, but as far I know your ex wife is American then you can get copy of her birth certificate any time you want my dear or not if you have no idea what state she was born,lol

-Affidavits from friends did they mention ALL these things

-how YOU met your wife and where;

-when THEY met your wife first time and how many times they met her and where;

-did they described your relationship before the wedding(happy,excited,nervous etc.);

-did they write down if they attended the wedding and how was it?(religious ceremony followed by a nice party, or it was a simple religious ceremony but romantic, touching etc, or just a civil ceremony and after the ceremony all gathered together for dinner or drinks etc;

-did they describe the wedding atmosphere, how you and your wife were acting(happy,tired,nervous etc..);

-did he/she mention why he/she could not attend the weeding? did he/she send you a gift? a card?;

-did he/she mention in the affidavit about the wedding pictures,;

-did he/she mention about your honeymoon(where,when, if you enjoyed etc...)

-did he/she visit you in your house after the wedding?;

-did you meet her/him in other places with your wife(restaurant,church, coffee place etc.);

-did they describe your relationship with your wife before the wedding? (loving, affectionate,caring etc?);

-did they describe relationship with your wife after the marriage;

ETC.

I am sure not everyone submitted affidavits stating all these things, but if you want to increase your chances to have your vawa approved then you lawyer should consider to do the right thing,lol

Edited April 23, 2013 by sandranj

[Sandra G. 5,056]

Sir charge do you have a police regarding the violence? if yes then probably they won't send an RFE regarding that your face does not show in the picture, but if you do not have a police report then I believe you will get an RFE for you to explain about it.Did you explain them how your wounds were healed? did you go to the pharmacy,hospital, bought some medication etc ?. I believe you filed Vawa based in physical and mental abuse, did you send a psychological evaluation regarding mental abuse?

[Kittykitty1234 2]

, i know where my husband was born and his mother's name but i couldnt get his birth certificate because i didnt know his father's name. My husband doesnt even know his father's name cuz his parents were divorced when he was baby and he never had a chance to meet his father in his entire life. My laywer request USCIS to search for it but now im worried....