Vawa part 4

[dovs 0]

thanks thanks everyone... they were asking evidence of bona fide marriage which i sent them the last 2yrs of tax returns filed jointly, letter from marriage counselor ( that i was emotionally, financially and verbally abused ), sent them a lot of pictures since we are together for almost 6yrs, our apartment contract and my own statement. i think the statement i made was not detailed enough as it is only 1 page.

[Hypnos 6,576]

Dovey, once your I-485 was denied then your EAD was also invalidated. You now no longer have work authorisation.

[Jessy_L 7]

thanks thanks everyone... they were asking evidence of bona fide marriage which i sent them the last 2yrs of tax returns filed jointly, letter from marriage counselor ( that i was emotionally, financially and verbally abused ), sent them a lot of pictures since we are together for almost 6yrs, our apartment contract and my own statement. i think the statement i made was not detailed enough as it is only 1 page.

Dovs,

was it just a letter from counselor (How many pages?)

OR was it an evaluation about your mental state with all the psychological tests conducted?

You need latter. You need evaluation from psychologist (better clinical psychologist), who can use their expertize to determine that you were indeed abused.

Just a letter without tests and without evaluation will be just treated like witness statement. You need professional opinion.

It's very important for emotional abuse, in order to prove the extreme cruelty.

Thank God to Sandra and this forum, I have sent a week for 16 hours every day on this forum reading all vawa discussions, including closed once. All Sandra's posts were very helpful. Thanks to her I was able to understand the importance of good and right evaluation ))

and found a good psychologist who preformed tests and wrote good report. I think it was important in my sister's case. (she was approved)

I think you need to look into you evaluation and spend money on finding good PhD clinical psychology dr., who will do a report on you if you plan to file the appeal.

[Sandra G. 5,047]

Dov was your affidavit just 1 page ? I always tell everyone do not send less than 10 pages.I have here in the vawa thread a bunch of people that submitted 3/4 pages and got RFE,they contacted me and I reviewed all affidavits and then we submitted 11/16 pages without submitting any other document besides drafting a nice affidavit, and all cases were approved.

Edited November 10, 2013 by sandranj

[Sandra G. 5,047]

Brighter&back In February, 2005 USCIS published a memorandum stating about NOID.

"A NOID is more appropriate than a RFE when initial evidence is predominantly present,

but:

•the filing does not appear to establish eligibility by the preponderance of the

evidence;

• the case appears to be ineligible for approval but not necessarily incurable; or the adjudicator intends to rely for denial on evidence not submitted by the filer.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/rfe021605.pdf

Edited November 10, 2013 by sandranj

[dovs 0]

@ Jess_L it was a letter from counselor / marriage therapist. its only 1 page. i was refered to her by my lawyer. obviously i think my lawyer is not very good on vawa cases. she stated there the i suffered ptsd, anxiety and lose a lot of weight. i lose more than 20lbs.

@ Sandra yah my affidavit is only 1 page. my lawyer did not say anythng about it like to make it 10 to 15 pages.

[lank 16]

thanks thanks everyone... they were asking evidence of bona fide marriage which i sent them the last 2yrs of tax returns filed jointly, letter from marriage counselor ( that i was emotionally, financially and verbally abused ), sent them a lot of pictures since we are together for almost 6yrs, our apartment contract and my own statement. i think the statement i made was not detailed enough as it is only 1 page.

dovs, I would strongly recommend that you rewrite your statement and refile. Make it longer with details. Mine was about 12 pages.I think you will get a better chance of get approved by refiling and not filing an appeal. Your chance of getting a positive result after appeal is close to zero. Also, I think refiling option is always better than appeal because you can also refile employment authorization with you I-360.

[lorphelpme 9]

So sorry Dov that u got denial my affidavit was about 5 pages about the abuse just the first two paragraphs was about how we met. I sent pics, bills, bank statement the whole deal. Yet I got rfe about good faith marriage they wanted to know not only about abuse but how we met and the beginning of the relationship before the abuse began during our dating stage. I wrote another 3-4 pages about how we were dating and he was such the "gentleman" (in disguise) at that time. The dates we went on, how he proposed the "good" times. They wanted to know all about it. I did have a psychological report which was 3-4 pages. It was everything about me from my childhood to my abuse everything was documented and was diagnosed with depression. I sent receipts I had with things we bought together. I also talked about how a denial would affect me and my us citizen child.

You needed to take your time and do that rfe. Your lawyer seems to be very inexperience which am not surprise by cause most of them just want money I have yet to see one who cares cause I had one and I did all the work cause I didn't want to just leave my future entirely in someone hand, I did lots of research and that's how I came across this website. Ask Sandranj wat to do she is the best so informative and helpful. Maybe u can refile. You would definitely need am experience attorney. Don't miss one court date if they put u in removal. If u go to the first hearing without an attorney the judge will give u a list of lawyers that can help you out but am not sure if they are so helpful and will give u time to get an attorney.

I hope I was helpful in some way. We are here to help each other keep god first there is nothing he cannot do. Good luck!!

[Sandra G. 5,047]

Dov when you got the RFE if they didn't mention about the abuse it means they believed you were abused,and they denied with base that you could not prove bona fide marriage. Proving bonafide marriage is a bit different from proving bonafide marriage when you were not abused.I had vawa cases approved with just one bill in name of both,but I explained why the alien did not have commingling finances and proof of commune residence,and I redrafted all affidavits with the aliens stories after they gave me their affidavits.You must to tell in details about the whole courtship,proposal,wedding,tell about every single problem you had when married etc...You spent 6 years married then you need an affidavit with at least 10pages,50/100pictures and bills that you have in name of both.You neeed to run to file vawa,because you will get soon then Notice to appear in Court.

[bestgirlever 12]

Dovey please do not rely on your lawyer completely, most of them are all about the money only. Mine remember to cash the cashier's check I mailed to her with my rfe to send to uscis yet she didn't remember to mail in all my documents at once. Can you imagine that?. Get a Good lawyer &listen to sandranj she knows what she's saying.I wish I met her or this forum earlier I would not have had any rfe cos my evidence was huge.so don't give up on this fight, we all have to fight till the end. God help us

[dovs 0]

can i just refile vawa on my own? or i need to get lawyer? we were in a relationship for 4yrs and married for almost 2yrs. i should receive the letter this monday or tuesday and see whats their reason of denial. and il keep you posted guys. thanks you so much everyone. u guys make me strong.

[chabelita07 0]

Hi everybody, I have cuestion, I got a letter the my case was transfer the say this..

This is to advise you that in order to speed up processing we have transferred the above case to the following USCIS office for processing:

USCIS-NBC, PO BOX 648005, Lee's Summit, MO 64064

That office will notify you of the decision made on the application or petition.

Just want to know if this is a good thing or something to be worried? Sandranj? Thank you.

[Sandra G. 5,047]

chabelita they transfer all cases from Vermont after approval to NBC and NBC will check if it;s not missing any documents and usually after 20 days they ship to the local office ok.

[Sandra G. 5,047]

dov i read your affidavit and counselor letter.I can't believe your attorney allowed you to send your affidavit and the counselor letter as well.Find a psychologist, go for 5/6 sessions of therapy and ask a psychological evaluation(minimum 10 pages).Forget about your lawyer she is horrible.Write down a descent affidavit with 10 pages mimimun telling about the courtship,marriage and abuse.You will need a lawyer to go to Court with you,you will get a Notice to Appear in Court soon, and you must go with an attorney.Your lawyer is ####### forget about her.If you don't have a diagnose of depression or pos tramatic disorder your chances are very small to have your vawa approved.

Because in your affidavit and counselor letter there is no mention of abuse, it's hard for me to say if you were mentally abused or not, but keep in mind infidelity and abandonment is NOT ABUSE.Then refile Vawa just if you were abused, it means just if you can prove you were controlled,isolated,humiliated,denigrated etc..

[rohy 0]

hi everyone i want to change my adress how can i do that i read on uscis i cannot do that online or by phone is that true?

plz help sandra