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Filed: Other Timeline
Posted

So you are currently in removal proceedings? The way you speak of talking to an immigration judge gives me that indication. And what papers have you filed to secure your green card? You realize you are going to have a rather hard time attempting to obtain a VAWA claim as you were told before. You have no proof of a real marriage, you moved out when he filed the papers for your green card, you lied to USCIS and told them you were still in a marriage with your spouse even though you had left him months previously, and the only proof of abuse you have is some affidavits from some friends. Not real good evidence.

So what are you going to do?

i didnt speak to the judge personally they just send me mail and i just always replied them then sometimes called to the immigration to let them know.. when my husband did stop his affidavit of support for me like canceled it in march 2013 then the immigration send me a letter that my husband did canceled his affidavit of support and that he was saying we been divorce already since 2012 so i am like alien so they were saying that i will be remove in usa if i dont have papers to stay here or like a sponsor so it says there that i am just in removal proceeding because my husband did canceled his affidavit of support for me they didnt say about my lying they are not focus to it because when my husband saying its a fraud marriage he doesnt even have enough proof to say its just a fake or a fraud.. he reported it that way but they didnt remove me so easy because our married is 2 years and months and my husband didnt even file my papers to stay here longer or to have a green card to those years im with him...so i was have a removal proceeding because of no affidavit of support or like sponsor for me.. so the letter saying if i want to fight for my old green card papers that has filed with my husband what are my reasons and i can just reply them or if i want to go in personally speak to the immigration judge and bring more evidence i can do that but they didnt say when i need to get out of the us nothing so i just call them and say i am filing for a vawa already do i still need to deal with my old papers with my husband on it and they says no if you want to file for your own self your husband has nothing to do with it because he has stop his affidavit for you so we dont care about him anymore its all yours when you file for your self so i did on MAY 22,2013 i file I-360 and in june 5 they mailed me that they request for evidence for my i-360 so they check the list only one saying that they need my good moral character from police record or something so i did get the police record just today june 17 in the morning and we send it to mail

and righnow i have my order for protection the judge sign it for 2 years and my divorce paper is going on too this week my lawyer would have appointment with me to sign it..... to tell you the truth i didnt even ask my friends to write and affidavit for me that my marriage is true or something i dont want them to get scared or anything i just did tried my best to work my papers as i could with the help of other people and GOD for making me stronger each day and make my papers not so difficult for me.... i dont really used to talk to other people before i was so scared to share and everything but rightnow i am so proud that i am fighting for my own and prove to my husband that i am not that so weak anymore.... and ready to fight even i dont have family and friends or money or shelter for my own but i have been survive for what he did to me...

Filed: Other Timeline
Posted

Without clear and convincing evidence of abuse then any VAWA case is unlikely to succeed. This is especially true when coupled with the material misrepresentation which the OP has already stated that they have committed. USCIS may believe that you are willing to do absolutely anything to stay in the US, including inventing false claims of abuse against your husband.

we will see:) if i am just inventing false claims abuse:) i would want you to meet my husband and be with him so you will know the truth:)

Posted

I'm not saying you are inventing false claims (I have no way of knowing that one way or another), but USCIS may see it that way, and theirs is the only opinion that matters. As I said, you have already admitted to material misrepresentation (lying) to USCIS, and this could turn out to be a serious problem for you, because you have now given USCIS a possible reason to doubt other things you have claimed.

Hope for the best, certainly, but you may need to prepare yourself for your VAWA application to be rejected and to return to your home country.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Other Timeline
Posted

I'm not saying you are inventing false claims (I have no way of knowing that one way or another), but USCIS may see it that way, and theirs is the only opinion that matters. As I said, you have already admitted to material misrepresentation (lying) to USCIS, and this could turn out to be a serious problem for you, because you have now given USCIS a possible reason to doubt other things you have claimed.

Hope for the best, certainly, but you may need to prepare yourself for your VAWA application to be rejected and to return to your home country.

sure thank you and i will let you know when i get my green card ok :) i will let you know how GOD is good to listen and give answer of my prayers....

Filed: Other Timeline
Posted

I'm not saying you are inventing false claims (I have no way of knowing that one way or another), but USCIS may see it that way, and theirs is the only opinion that matters. As I said, you have already admitted to material misrepresentation (lying) to USCIS, and this could turn out to be a serious problem for you, because you have now given USCIS a possible reason to doubt other things you have claimed.

Hope for the best, certainly, but you may need to prepare yourself for your VAWA application to be rejected and to return to your home country.

thanks for saying that but i have been always read or hear those things you have said that oh you never got your vawa or you will be return to your country

before when i read your heard or someone telling me like that i was just so depress then crying and feel so down for my self because i feel so weak before and i didnt learned things yet how it goes or about laws and rights for each person...and just thinking that i will just go back and lose hope.. but it change right now i have learned my rights as a person. i have been able to try to get up to my own feet and stand up for my own dignity and respect my self to be more strong and not just losing hope without even trying....so we never know whats really gonna happen next if we just give up and dont even give a try because of the people who tried to make you feel like a loser or so weak that you cant really succeed of what you been trying to fight.. well i am here getting more stronger even though my papers are still working but happy to say its well process.... i wasnt thinking or be scared that it will be denied or what because at least i give a try.... but for me i am always think positive so that i still be able to smile and be thankful...because i have tried things even though i didnt even know if it will work or not but i am not just gonna give up that easy now cause i have been in long ways and so far i did great:)....

Filed: Timeline
Posted

well-meaning or not, but people take your focus away from priorities: you are having a marital legal matter promptly at hand. It doesn't appear you're challenging divorce conditions at all, only because you'd signed prenup. Have you asked your attorney, if your prenup can be penetrated?

Filed: Other Timeline
Posted

well-meaning or not, but people take your focus away from priorities: you are having a marital legal matter promptly at hand. It doesn't appear you're challenging divorce conditions at all, only because you'd signed prenup. Have you asked your attorney, if your prenup can be penetrated?

i know i been just answering about they are asking of my immigration... so i answered them.... of what they been saying....

and about my divorce my attorney saying that my case would just be easy because they ask me if i would want something from him and i said i dont want too i am not really interested on his part so they said if you dont want something from him then your case would just be easy so tomorrow i am going to make an appointment to them because they just leave a message to me earlier that i need to make an appointment to sign papers and they will just put there that i dont want my husband to contact me anymore or go to my place again or follow me somewhere thats what they said to me..

Filed: Timeline
Posted

while divorce attorney can't force you to act business-like, you have to put your divorce settlement in perspective. You stated numerous times that husband mistreated you over a long period of time, enslaved you and also that he neglected to sponsor your immigration. Now, he has obsolved any financial responsibility for you before the state; but you insist that you don't want him to pay you anything. All you're seeking is to expedite divorce decree. What's your urgency for quickest settlement?

Filed: Citizen (apr) Country: Iran
Timeline
Posted

Because she has a pro bono attorney and a pre-nup. She moved out on him, they were married a very short time. There is nothing for her to gain by dragging out the divorce and her pro bono attorney most likely won't stay on the case if she tries to.

Filed: Other Timeline
Posted

while divorce attorney can't force you to act business-like, you have to put your divorce settlement in perspective. You stated numerous times that husband mistreated you over a long period of time, enslaved you and also that he neglected to sponsor your immigration. Now, he has obsolved any financial responsibility for you before the state; but you insist that you don't want him to pay you anything. All you're seeking is to expedite divorce decree. What's your urgency for quickest settlement?

what do you mean urgency for quickest settlement? i dont really understand it and we i am now 3 years married to him and he give me a divorce paper already but since i dont really understand about it so i give it to the lawyer to let me understand what it was saying and she ask me if i want something from my husband and when i said that i am not really interested on what he has i just need to get over him so that he wouldnt threat me anymore and saying that i couldnt say no on what ever he wants cause i am still his wife....so i dont know how the divorce will work or how to talk about it..

Filed: Other Timeline
Posted

Because she has a pro bono attorney and a pre-nup. She moved out on him, they were married a very short time. There is nothing for her to gain by dragging out the divorce and her pro bono attorney most likely won't stay on the case if she tries to.

actually the attorney is the one telling me that i need to get something from him because of what i have suffered from him and i was just the one who been saying that i dont really want too cause i dont really know how the divorce do....

Filed: Timeline
Posted

So your attorney says the same thing I say, and you are telling NO to your attorney, instead of hearing attorney's explanation

actually the attorney is the one telling me that i need to get something from him because of what i have suffered from him and i was just the one who been saying that i dont really want too cause i dont really know how the divorce do....

 
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