VAWA

[Hypnos 6,578]

EWI does not prevent someone from adjusting through VAWA: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/vawa_11apr08.pdf

Fire that lawyer.

Edited December 7, 2013 by Hypnos

[harry66 2]

EWI does not prevent someone from adjusting through VAWA: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/vawa_11apr08.pdf

Fire that lawyer.

That is what I told him.

[harry66 2]

That is what I told him. How about the condition set in 241(a)5 doesn't it bar someone?

[harry66 2]

So what was happened with your first marriage?

Did you file AOS from first wife & what was the outcome?

Whats the gap between two marriages?

I withdrew the first marraige I-130 because she left me three times. I pursued her to her home state and things got really bad.

I have no choice but to withdraw it becaue I thought it will change things... Even after withdrawal I was still with her and I left 6 months after the withdrawal to support my thriving business in WI. Since the new business in her state made no money and the thriving business needs me.

I have to go before I becaome a destitute. She never supported me and we had no AOS. The gap between the two marriages is about 2 years.

I have one more problem. She called the cops one time on me. I am trying to to get the 911 account but I don't know the exact date. I will like to know if there is a way to get the record.

[Yogesh_M 0]

Hey Harry,

Thanks for sharing your story on the forum. Here is what understood so far, correct me if I am wrong:

- You filed your 1st I-360 in 2011 and it was denied basically for not proving anything (good faith, abuse, good moral character, residence)

- You re-filed your I-360 the same year and now in 2013 you got the RFE for the same exact reasons your first I-360 was denied, right?

So question number 1) What was the difference between your 1st and 2nd I-360s? I mean what additional evidence you submitted, what did you change/add in your declaration? 2) You mentioned that you had 2 USC wives. Did both of them file I-130 petition for you? If yes, were you interviewed by INS and what was the outcome? 3) You also mentioned somewhere that you had (or still have?) an asylum application pending since 1994? What was the outcome of that asylum case? 4) If you were in asylum/removal proceedings, when did you marry your first wife? 5) What evidence of bona fide marriage/residence/abuse do you have?

If you married your wife (the one who abused you) after the removal proceedings were initiated against you, I'd suggest to cancel your VAWA application and save your money/time/energy for something else. Don't get me wrong, I am not trying to scare you. Just read the law and you will understand everything.

[harry66 2]

Hey Harry,

Thanks for sharing your story on the forum. Here is what understood so far, correct me if I am wrong:

- You filed your 1st I-360 in 2011 and it was denied basically for not proving anything (good faith, abuse, good moral character, residence)

2010

- You re-filed your I-360 the same year and now in 2013 you got the RFE for the same exact reasons your first I-360 was denied, right?

2010. I got RFE in 2011 after that another on 2013 that is the present one asking about 6 years ex.

So question number 1)

What was the difference between your 1st and 2nd I-360s? I mean what additional evidence you submitted, what did you change/add in your declaration? 2)

I did not change my declaration the lawyer included other important things. The first one had no paper work from the judge plus restraining order. The second also shows that she have gotten two kids bearing but the states DNA shows they weren't mine. There was also a report from psychologists. Letters from people that live in the apartment. You mentioned that you had 2 USC wives. Did both of them file I-130 petition for you?

Yes but one was withdrawn and another was approved.

If yes, were you interviewed by INS and what was the outcome?

The interview was intense and in the end it got approved.

3) You also mentioned somewhere that you had (or still have?) an asylum application pending since 1994? What was the outcome of that asylum case?

The case was never heard at all because the country condition changed.

4) If you were in asylum/removal proceedings, when did you marry your first wife?

I only had CAT (withholding only). The first was approx 2 years after I got here.

5) What evidence of bona fide marriage/residence/abuse do you have?

Many pictures. email letters phone records, leases etc While the VAWA has so many things thus they are trying to go back to the first one.

If you married your wife (the one who abused you) after the removal proceedings were initiated against you, I'd suggest to cancel your VAWA application and save your money/time/energy for something else. Don't get me wrong, I am not trying to scare you. Just read the law and you will understand everything.

VAWA is mostly people in proceedings you know.

What part of the law is that? I will like to read it. You are missing something. Ok this is it. I was in the USA back in 1994(business visa). I left in 1997 because I was asked to leave voluntarily. Afterwards I returned seeking asylum at the airport 8 years later. That is when I got the intent/reinstatement of removal order: That is how I got the EWI. I was not able to prove that I left in 1997. I was detained for 9 months and released after passing a credible fear. I got married to the first USC and the application was never adjudicated because it was withdrawn. Thereafter, I got with the second one and now I got I-130 approved with a VAWA RFE now. Today the RFE admits that I left in 1997. if it is so, it then means that I was not liable for expedited removal but a normal one.

The RFE asked no question about the spouse upon which it was sought. It basically went asking about the ex-wife whether or not I lived with her. Basically, it anticipates that I didn't live with her while in fact I did. They want me to show my intent with that one. It is almost like I am doing a new VAWA EVIDENCE only in this case with the ex. Note nothing was asked about the present one. Read this carefully and add your input accordingly. Thanks.

[Yogesh_M 0]

Harry,

Thanks for you response, sir.

What marriage your VAWA petition was based on? 1st or 2nd marriage? Are you still married?

What is your current status? I thought you were in removal proceedings before you married. Read INA 204(g)

I am not a lawyer, just a guy in a similar situation

[harry66 2]

Harry,

Thanks for you response, sir.

What marriage your VAWA petition was based on? 1st or 2nd marriage? Are you still married?

What is your current status? I thought you were in removal proceedings before you married. Read INA 204(g)

I am not a lawyer, just a guy in a similar situation

I understand my friend. Everything is in God's hands. Only God decides what happens. As humans we must keep trying.

I am married to the current woman that I got VAWA prima facie with. Praise God AND don't worry it will be fine.

[harry66 2]

Yogesh_M ... I got another RFE this today. This time it was nothing about the two marriages. It is now about the disposition of my 1996 conviction.

Does anyone have an IDEA of what they are trying to to do with this here?

[Sandra G. 5,079]

They want to see what happened with your case, if you were convicted ,or your case was dismissed or what...if convicted then your case may be denied,it will depend of the conviction.

[harry66 2]

Finally the VAWA GOT APPROVED. It from Dec 29th 2010 to July 23rd 2014. :joy: :joy: :joy: :joy:

Many said that this day will never come and today it is here.

All praises goes to God-Jehovah.... He is my God forever.

[harry66 2]

They want to see what happened with your case, if you were convicted ,or your case was dismissed or what...if convicted then your case may be denied,it will depend of the conviction.

Finally the VAWA GOT APPROVED. It from Dec 29th 2010 to July 23rd 2014. :joy: :joy: :joy: :joy:

Many said that this day will never come and today it is here.

All praises goes to God-Jehovah.... He is my God forever.

[Sandra G. 5,079]

harry66 I didn't understand the meaning to post my message with your approval.I answered your question why they asked the disposition.

Congratulations for the approval.But keep in mind that a Vawa approval it does not means the alien will have the AOS approved.

[harry66 2]

harry66 I didn't understand the meaning to post my message with your approval.I answered your question why they asked the disposition.

Congratulations for the approval.But keep in mind that a Vawa approval it does not means the alien will have the AOS approved.

It is really a good start for me. So what do you think? Is it really difficult to get AOS? Why would they approve if they know you might not get AOS?

[SingleDad2usc 71]

Congrats! My understanding of this incredulous phenomenon is that the two petitions require different proofs. So it's possible to prove your I-360 case, while it may be difficult to prove your I-485 case.

I also see conceptually that VAWA is designed to expeditiously take a victim out of precarious situation. With pending VAWA, the victim (including a child victim) is sort of still dealing against the individual offender. The AOS is already a non-emergency process toward permanent residency, where a petitioner is dealing solely with federal bureaucracy.

But if someone knows real (more knowledgable) explanation - it would be good to hear

Edited July 27, 2014 by SingleDad2usc