Vawa part3

[vawa2013 0]

No, I understand that the attack needs to be described in that paragraph. My question was whether one proven episode of battery is enough abuse to be approved for VAWA self-petition. Optimisticchic above implies that victim must prove pattern, long-term damage, etc. Is hers common mis-interpretation, is proven instance of one assault (say attacker pled guilty in criminal court, and Judge accepted his plea) enough. Or does petitioner need to go on and on and on in the affidavit, beyond the day of the attack?

vawa2013 you have to tell about the abuse , and not in one one line or one paragraph.I think i mentioned at least twice this week about one girl from this thread that her husband was arrested 4 times, she had a restraining order, she spent 8 days in hospital, but her affidavit was just 1 page and she basically did not tell the story and she got an RFE asking to emend her affidavit telling the story,it means if all documents are sufficient there is no need to ask someone to tell the story right?

[rkina 0]

from what I read the cycle of abuse needs to be shown so that they can see a pattern. Not sure if one time instance is enough. Mine was a series of pattern of abuse both physical and emotional. I didn't have any police reports or photos of the physical abuse.

[vawa2013 0]

well so you didn't have an officially proven instance of battery. But if someone does, then is it enough for VAWA claim? What does it have to do with mental harm, therapy, etc? Is it enough to prove one assault beyond a reasonable doubt? Why would self-petitioner have to furnish any other proof of abuse to VAWA unit, if there is criminal court conviction of one assault while living together?

Edited May 26, 2013 by vawa2013

[howtosurvive 43]

No, I understand that the attack needs to be described in that paragraph. My question was whether one proven episode of battery is enough abuse to be approved for VAWA self-petition. Optimisticchic above implies that victim must prove pattern, long-term damage, etc. Is hers common mis-interpretation, is proven instance of one assault (say attacker pled guilty in criminal court, and Judge accepted his plea) enough. Or does petitioner need to go on and on and on in the affidavit, beyond the day of the attack?

Physical abuse tens to follow verbal abuse so more than likely he was verbally abusive and one day the verbal abuse got physical. U have the ground work for a case its about how well you can write your affidavit. Abuse it abuse whether it's once or more than once. Its about how u felt after he hit u and the anguish it caused. Some pplgrow up ddifferent from others and their view on what is acceptable and what is not is different. America view hitting a person vulnerable as abuse.

Ur married to a USC

U entered ur marriage in good faith *

U established joint residence

U were abuse (psychological-verbal, mental, emotional. Physical- sexual, harassment, battery. Financial) there is alot of ways to abuse a person.

[vawa2013 0]

still avoids my question. On the one hand: you say abuse is abuse if only once. On the other, you talk about "anguish it caused". Why does anguish need to be proven? Why do you need to prove any mental harm, if you've proven assault in Criminal Court?

[optimisticchic 7]

Vawa2013, one incident of abuse is enough but you need to explain in detail the abuse,circumstances that lead to abuse,if you reported the case,if not why,how you felt. You should tell like a story. Try and read murid2010 case on Vawa part 1 and 2. She has only one incident of abuse, she call the authorities. She was married for only a month when incident happen. VSC ask her to rewrite abuse with more explanation. Funny thing is she get approval after 6months. Just make sure you explained very well so you can avoid RFE.

[anajnic 87]

well so you didn't have an officially proven instance of battery. But if someone does, then is it enough for VAWA claim? What does it have to do with mental harm, therapy, etc? Is it enough to prove one assault beyond a reasonable doubt? Why would self-petitioner have to furnish any other proof of abuse to VAWA unit, if there is criminal court conviction of one assault while living together?

So what are you asking vawa 2013.Is either ur abused or not.? no in betweens,no sideways.. Abuse or no abuse. The burden of proof is on the applicant. If you are confused about abuse and what it looks like then, theres nothing more to figure. Assault is to threaten <<<<<< also abuse, Battery is the actual act <<<<<<<< also abused.. Choose your type of abuse but abuse is abuse. Vawa can smell abuse from a distant even the made up ones

[howtosurvive 43]

well so you didn't have an officially proven instance of battery. But if someone does, then is it enough for VAWA claim? What does it have to do with mental harm, therapy, etc? Is it enough to prove one assault beyond a reasonable doubt? Why would self-petitioner have to furnish any other proof of abuse to VAWA unit, if there is criminal court conviction of one assault while living together?

One report is enough and if under oath he said he hit u there's no reason vawa will think otherwise but remember good faith and moral character. Most time in an abusive relationship they tend to get back together after a fight hence Caz u love the person. A domestic violence coordinator at my local precin said it most cases it take seven or more instance of abuse before the spouse leave because they think of all the reasons they need to stay and they blame themselves for him hitting her. If u were married for a short time they may question ur intent especially if y'all don't have a lot of things together also if ur married for along time they may quest one incident because y'all been together for years y would u break up with a man u build a life with for one instance u would prolly have to show proof of marriage counseling and show them that he still didn't change. Also good morals. If u file i130 or i485 and it was denied they may question ur motive and if they find any inconsistencies in you affidavit and ur evidence along with ur other source of affidavit they may question ur marriage and its real intent so make sure it all correspond.

[howtosurvive 43]

So what are you asking vawa 2013.Is either ur abused or not.? no in betweens,no sideways.. Abuse or no abuse. The burden of proof is on the applicant. If you are confused about abuse and what it looks like then, theres nothing more to figure. Assault is to threaten <<<<<< also abuse, Battery is the actual act <<<<<<<< also abused.. Choose your type of abuse but abuse is abuse. Vawa can smell abuse from a distant even the made up ones

Tell vj we need a "like" button. Lol

[vawa2013 0]

everyone's posts contain a lot of useful peripheral information and advice. Still no one addressed the issue:

Self-petitioner sends all required proofs of qualifying relationship, etc. Sends proof of Criminal Court trial, where spouse pled guilty.

Self-petitioner's affidavit includes Criminal Court's assault conviction. Why would self-petitioner have to write anything at all about "beyond the day of the assault"? Why anguish, harm, therapy or any other circumstances whatsoever?

[belinda63 3,038]

Just so everyone is clear, VAWA2013 is SingleDad2 USC if you want to read the history of his story.

Basic facts: His wife came to the US and had no status at the time of the abuse nor did he as he had overstayed his time (he is a Canadian Citizen). His wife fradulently filed to obtain a green card as a refugee, stating she was single. There is a huge history of his being involved with Social Services regarding his children for the past 12+ years. He has continued to live in the US out of status. for more than 12 years.

He has now filed for VAWA based upon a single incident of battery that happened more than 12 years ago with his out of status wife, doesn't know if she ever obtained a green card, doesn't know if he is still married to her, etc.

He really needs to be asking his attorney these questions.

[vawa2013 0]

whatever that was, that was no answer to the question. So I'll have to repeat the question:

there is a lot said in the last few posts about "abuse is abuse", "one time is enough abuse", "one instance of battery is enough". So if an instance of battery is proven in criminal trial, which means beyond the reasonable doubt, then what does self-petitioner need to write beyond this in her affidavit?

Edited May 27, 2013 by vawa2013

[anajnic 87]

Just so everyone is clear, VAWA2013 is SingleDad2 USC if you want to read the history of his story.

Basic facts: His wife came to the US and had no status at the time of the abuse nor did he as he had overstayed his time (he is a Canadian Citizen). His wife fradulently filed to obtain a green card as a refugee, stating she was single. There is a huge history of his being involved with Social Services regarding his children for the past 12+ years. He has continued to live in the US out of status. for more than 12 years.

He has now filed for VAWA based upon a single incident of battery that happened more than 12 years ago with his out of status wife, doesn't know if she ever obtained a green card, doesn't know if he is still married to her, etc.

He really needs to be asking his attorney these questions.

oh myyyy...i hope ,hope works for the kids sake.what else is there to say..I ddnt know you can do this after 12 years

[belinda63 3,038]

The kids are USC as they were born here

[Sandra G. 5,047]

vawa2013 you don't have to do therapy if you were battered, it's up to you, they do not require you submit psychological evaluation if you were battered, and you don't haven to show how your life became after you were battered.They require these things for victims of mental abuse. You just need to prove you were battered or suffered mental abuse and prove a bonafide marriage.

Edited May 27, 2013 by sandranj