Vawa part3

[Macbook 2]

DOn't appeal , Don't appeal don't appeal if you cannot prove submit marriage certificate.appeal just review of your judgment it was correct or not. Go to refile cause you need buy time and fined what was reason denied you case and find way for solve or alternative way. you can do it ,and mandatory do it. you have not other choice just standing and fiting , never give up

young seattel , what's up bro ? thanks for your pm message i got you , you know better than me , never give up.

hi sandranj, how are you doing , i know you busy, so about me i was involved with mu case , i m not in removal process and i resend again. i will back soon and talk with you .

HEY GUYS DON'T GIVE UP THAT'S IT

In original fileing (ORIGINAL) I submit carifited (with state seal) MARRIGE CERTIFICATE!!!

My attorney advised me to apeal. When I asked him what documents he needs he said that they have EVERYTHING and that USCIS did not look at original paperwork and first RFE. USCIS VSC based there denail only on documents of second RFE.

In order to approve I-130 we needed to establish that my wife is US citizen, otherwise I-130 would be denaid. They where probably in hurry and did not wanned to look I-130 pettition, so they just said that is not there.

I can not get her birth certificate because in state where she was born Birth Certificate is private record and only person who is on it can get copy (My wife, Her father and her mother). When I tried they said that it does not matter that I'm married to her she will have to come in person or give me power of attorney. She is abuser and by contacting her or any her family member I am puting my life in danger so I will not do that.

USCIS VSC said that affidavids are vague and my attorney said that in 30 years of his expiriance he did not see better affidavids! Also they did not consider credit card statments, utility bills ( from two companies) income tax returns etc.

I can not get any additional information, paperwork or pictures because my wife (The ABUSER) has it, and i can not contact her. Last time when i saw her i had mental brakedown and needed to be put on higher anti exaity medications, and of course if I somehow contact her she will not give me anything.

With all this information please, my dear friends, think and give me your opinion WHAT WOULD YOU DO? Refile and wait another two years and be hospitaliesd for panic attacs, depression and suisadle touths or you would file eather APPEAL or Motion to RECONSIDER. Please think about this and tell me what would you di if you are in my shoes!

Thank you!

Macbook

P.S.(Many times I was suicidal and thank to your support and support of my doctors I am here. I wanna take this moment to THANK ALL OF YOU for support! GOD BLESS YOU ALL)

[Sandra G. 5,056]

macbook as stated in the Immigration Law.

" An appeal is a request to a higher authority to review a decision".

"A motion to reconsider is a request to the original decision maker to review a decision based on new or additional legal arguments. The motion must establish that the decision was incorrect based on the evidence of record at the time of that decision, and it must state the reasons for reconsideration. A motion to reconsider must be supported by “any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or [uSCIS] policy.” See 8 CFR 103.5(a)(3). Unlike a motion to reopen, new evidence or changed circumstances cannot support the filing of a motion to reconsider".

In your case you can Appeal if you want tho. Well your chances are good to have your appeal granted despite they deny 99% of the appeals.

-You said you submitted copy of marriage certificate then the Court will consider you submitted the copy.

-You asked them to search form I-130 submitted in the past in order to find a copy of her birth certificate. You said you had an approved I-130 right?it means you submitted copy of her birth certificate along with form I-130 , then the Court will consider that as well.

-you submitted copy of jointly tax returns, some other bills in name of both, and a lot of affidavits.I believe you have enough proof of bonafide marriage.

It's up to you to appeal or refile.Is your lawyer crazy because he advised you to file Appeal? NOT AT ALL,I believe you have enough proof to rebut all reasons given in your denial.

You need to feel confident with your decision.Ask to yourself these 2 questions:

1-Do I want to wait 14/16months and have my case approved or maybe denied if i refile? or

2-Do i want to wait 6 months and have my appeal approved or denied?.

Edited April 25, 2013 by sandranj

[citragirl 25]

Macbook I can't even imagine how disappointed and desperate you might feel, but chin up please push one more time, this might be the last one... Do you read the Bible? If you do remember of that man who gave up and lost his battle when he was so close to obtain victory... I am far from familiar with the whole process but I am here also fighting and hoping for a better future... I learned that from my brother... He was having a super rough time and wrote that he was sitting after a bad day thinking of a better tomorrow, and even tho that tomorrow arrived a year later with its daily struggles he prevailed and now he and his family are having a much better life... You can't give up... Cry feel blue and over sleep if you wish, do it for three days then keep on fighting... And accept all the help you are offered here in this site specially Sandra's

May God Bless and Guide You

[Sandra G. 5,056]

Appeal the decision just if you are 100% sure that you submitted before copy of the marriage certificate and asked then to search file I-130 to find copy of her birth certificate that you submitted in the past.I personally would refile, but in the same time you have a good chance to have your appeal granted.

Edited April 25, 2013 by sandranj

[Macbook 2]

Appeal the decision just if you are 100% sure that you submitted before copy of the marriage certificate and asked then to search file I-130 to find copy of her birth certificate that you submitted in the past.I personally would refile, but in the same time you have a good chance to have your appeal granted.

Thank you and thank all of you. I will think over weekend and make decision what to do. When my head cools down. Tomorrow I'm seeing you Psychiatrist and Psychologist and they will help me cool down. Since April 17th I got maybe 5 hours of sleep total.

[young Seattle 9]

yeah, Macbook,take some good sleep, you will be ok, tomorrow never die.

Hi lionlion: thanks brother, I am still alive, today I send two emails to VSC hotline mail, one is my vawa evidence list, another one is my answer by following Sandraj'list, the one sandraj gave Macbook about good moral marriage evidence, such as when and where me and my wife met? where is honeymoon? how is weddng goes? that is something in my memory which is hard to be wiped out.

I got no idea VSC will read it or not, but I have to try it harder, right? never give up, brothers. Be a man like a Bruce Lee, a true role model of US citizen.

[howtosurvive 43]

Singledad go to massdot.gov u will see. Mass is a Commonwealth state so they are allowed to make and adjust some federal regulations at the state discretion. The real ID act requires prove of age, photo, digital, and the photo should be match in the national data base. States only add proof of citizenship (Federal regulation) as a security measure.

Irara ur pa license will expire when ur ead expires like NY. NY will last five years but the ead expiration date will be printed bold and if u get pulled over while driving after the temporay expiration date u may be ask for substantiating documents to show legal presence if the cop wants to be a ####### head.

[SingleDad2usc 71]

####### head is one thing, and of course both parties should be cordial and businesslike. The other question is a matter of law: is he supposed to issue a ticket/any other action to you or vehicle? How would such violation be judged in traffic court?

[stripe 0]

Hi there, I been reading the whole thread for months. Just wanted to pop up and say hello to yall. Everything I read from this forum was so much helpful.

I am overseas petitioner(it's odd I know. My soon-to-be-ex husband ditched me so I am came back to my country, processing divorce as missing spouse category)

I filed i-360 by end of march and I submitted my local police clearance for RFE but the thing is I JUST READ the end of RFE letter that I should have sent the back up documents with the blue colored letter (RFE notice letter)??

I only sent a copy of police clearance with a translation and my basic information like name and receipt number. Should I send them again? Is there anybody did the same mistake with me?

[howtosurvive 43]

Single dad its not a driving violation but more of an immigration violation because u have driving privilege for 5 year but immigration status for u document duration.

[Faithkeeper 25]

In original fileing (ORIGINAL) I submit carifited (with state seal) MARRIGE CERTIFICATE!!!

My attorney advised me to apeal. When I asked him what documents he needs he said that they have EVERYTHING and that USCIS did not look at original paperwork and first RFE. USCIS VSC based there denail only on documents of second RFE.

In order to approve I-130 we needed to establish that my wife is US citizen, otherwise I-130 would be denaid. They where probably in hurry and did not wanned to look I-130 pettition, so they just said that is not there.

I can not get her birth certificate because in state where she was born Birth Certificate is private record and only person who is on it can get copy (My wife, Her father and her mother). When I tried they said that it does not matter that I'm married to her she will have to come in person or give me power of attorney. She is abuser and by contacting her or any her family member I am puting my life in danger so I will not do that.

USCIS VSC said that affidavids are vague and my attorney said that in 30 years of his expiriance he did not see better affidavids! Also they did not consider credit card statments, utility bills ( from two companies) income tax returns etc.

I can not get any additional information, paperwork or pictures because my wife (The ABUSER) has it, and i can not contact her. Last time when i saw her i had mental brakedown and needed to be put on higher anti exaity medications, and of course if I somehow contact her she will not give me anything.

With all this information please, my dear friends, think and give me your opinion WHAT WOULD YOU DO? Refile and wait another two years and be hospitaliesd for panic attacs, depression and suisadle touths or you would file eather APPEAL or Motion to RECONSIDER. Please think about this and tell me what would you di if you are in my shoes!

Thank you!

Macbook

P.S.(Many times I was suicidal and thank to your support and support of my doctors I am here. I wanna take this moment to THANK ALL OF YOU for support! GOD BLESS YOU ALL)

[/quote

Oh Macbook you brought tears to my eyes please dont give up God dealt you this hand because younare stronger and can do it. I suggest you appeal 99% might be denied but your 1% will.be approved trust God you have solid evidence in your case and I believe you can get an approval from it. Hold on dont give up.

[howtosurvive 43]

Macbook if u feel u have a strong case appeal it but remember u only got one shot at an appeal. If u refile u got more than one chance also if u unfortunately get denied again u don't face the possibilities of a deportation no time soon and it gives u more time to get a great substantial package together and refile. The time maybe longer but ur chances or greater. If ur a gambler go for the appeal but that's not what I would encouraged especially the fact that ur lawyer seems to not be able to put an approval package together. I would suggest u consult a more reputable vawa lawyer and hear their advice before u do anything it never hurt to speak to someone else. U wait two years y can't u wait again? Sometime god test our patient and maybe this is ur test. Remember slow and steady win the race. U will get approved eventually because u have a good case u just need someone to put it together right if u in the NY nj area I can give u a number to call a lawyer. Pray long and hard god hears u even when u can't find the words just cry out to the lord he will guide u through. I wish u all the best. I know u want yo probably go to ur country but it will happen on gods timing.

[Faithkeeper 25]

Sandra if you never got prima facie what does that mean does it mean your case isnt strong? I havent gotten it thus far and I got RFE since Aug 2012.

[Sandra G. 5,056]

Faith keeper to receive prima facie the individual must prove:

Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse's death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.

Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.

Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.

Is required to be a person of good moral character.

Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

Many people did not get prima facie and their cases were approved, others got prima facie and their cases were denied.

[SingleDad2usc 71]

Sandra, example of WHY would a PF not be issued, and then case approved?

Howtosurvive, are you confident there is no punishment for this?

Single dad its not a driving violation but more of an immigration violation because u have driving privilege for 5 year but immigration status for u document duration.

Edited April 25, 2013 by SingleDad2usc