Vawa part 4

[bestgirlever 12]

CONGRATULATIONSSS!!!!!!!!!

I was thinking last night that it took 22 months from first filing Vawa in march 2012 to interview in January 2014. About 2 years it took/takes

Thank you hun

[Faithkeeper 25]

O ok. Ddnt know about the pics. Ill get it as well hopefully I remember . Yes. I wanna remain by myself I don't know how long ,but I know I'm good as is. I won't even pray for God to send me one. I'm good . Celibate and saved through the blood of Jesus . Rohy our new journey is upon is. Excited

Well sweetie God is still molding my soulmate ;~) so im keeping hope alive LOL.....

[Faithkeeper 25]

Hi guys! I'm sooooo happy. God gave me an early christmas present I asked him for.I woke up 5am to meet this.I have edited any personal info and dates from the email.

Application Type: I360 , PETITION FOR AMERASIAN, WIDOWER, OR SPECIAL IMMIGRANT

Your Case Status: Post Decision Activity

we mailed you a notice that we have approved this I360 PETITION FOR AMERASIAN, WIDOWER, OR SPECIAL IMMIGRANT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

My case finally approved! Thank God. Thanks- everyone for your encouragements. Thank you sandra, anajnic etc. I was getting ready to send the letter sandranj gave me this afternoon and the approval came in quite early. God be praised.

bestgirlever congratulations!!!!! God is still working it out for us all.......Smile your almost there :~)

[piper2013 4]

Hi sandranj,

Thanks for sharing this. I am already divorced but I hope it won't be a problem that my spouse filed for divorce first. My situation was such that I had to move to a different state and I was preoccupied with survival for months. Soon after I left my abusive spouse, she was already in a new relationship and it seems like she rushed for the divorce so that she could be "in the clear" again. In the meantime, I was out of the state, without any resources and basically trying to make it. These were my top priorities. The formalities around the divorce were not a priority for me at a time when I was trying to simply survive and seek therapist help. I recently went back to the town we lived together and went to the Court. I picked up the divorce degree, which says that I did not appear at the divorce hearings. I really did not want to see her again, I did not know when the hearings were anyway, and it didn't really matter to me - I knew we were going to be divorced, so, given that I was completely broke, I did not want to deal with any of that.

Your comment that it looks more credible if the victim of abuse files first seem correct - however, this would matter for the abuse, NOT for the good faith of the marriage. As far as I understood, they are not supposed/allowed to ask about the abuse at the interview. Who files for divorce first should have nothing to do with the good faith of the marriage.

Here is what I found:

"The 1990 act further assisted battered foreign nationals by making other changes to the INA joint

petition waiver provisions. It added language to the INA instructing the Attorney General to

establish by regulation “measures to protect the confidentiality of information concerning any

abused foreign national spouse or child." It also broadened the existing waiver based on

termination of a good faith marriage by eliminating the requirement for battered foreign nationals

to have been the ones terminating the marriage and for good cause. Thus, foreign nationals who

had entered into good faith marriages that subsequently terminated could apply for the waiver

regardless of who had terminated the marriage and for whatever reason. The House Judiciary

Committee report justified these changes as follows:

In many cases there are obstacles that prevent a battered alien spouse from initiating a

divorce, such as lack of resources to pay for a lawyer; ethnic or cultural prohibitions against

divorce…. Often, aliens are denied the waiver because they cannot satisfy the “good cause”

requirement under no-fault [divorce] laws."

MeEe you can divorce,but you file for divorce,not him.Immigration does not matter if you are still married when attending interview,but I had 3cases they gave hard time because the US Citizens filed for divorce not the victims,all cases still pending decision after the interview(4/7months). FInd a pro bono lawyer and file for divorce if you want.Those girls when asked my help were divorced already .I always advise You the alien should file for divorce,not your husband.There is no provision in the law regarding that but they tend to believe the abused person files for divorce,not the abuser,since you won't have an amicable divorce with your abuser right.

[bestgirlever 12]

Thank you faithkeeper! Yes indeed He is.

[Sandra G. 5,047]

piper2013 as I said before the girls attended the AOS interview , it means they had their Vawa approved and the divorce wasn't a problem when adjudicating Vawa. The problem surfaces when attending the AOS interview.I believe it won't be a reason to revoke their cases, but so far no news.

Edited December 10, 2013 by sandranj

[Sandra G. 5,047]

bestgirlever Praise the Lord. I am so happy for you.

[Hypnos 6,576]

How do you know when your case is current to get a visa number if your husband is LPR.when you get an F2A classification

Thanks

You check the latest visa bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.html

[piper2013 4]

I see. To me this means that although the interviewers are not supposed to be asking abuse-related questions, they still seem to question the abuse by assuming that if the person did not file for divorce first, the person is somehow not a victim of abuse. If they want to question to good faith of the marriage, I just don't see how who filed for the divorce first has anything to do with good faith marriage.

sandranj, I'm writing this because I'm just trying to brainstorm what is better: 1. to tell them how I had to move out of the state and how difficult my life was, which was the reason why I did not file first, or 2. to tell them that this is a question which they are legally not supposed to be asking at this point (at the interview) of the process.

I have 2 questions:

1. At the time of submitting the AOS application I didn't not send them the divorce document. So far they have not asked me to send it to them and my case is at the NBC. It has been at the NBC for 5 weeks now. I did biometrics 2 weeks ago. Should I be expecting that they request the divorce document before the interview?

2. I do not have the original of my spouse's birth certificate. I only have copies. At the interview, do they want to see an original of the US ex-spouse birth certificate? Is a copy of her birth certificate enough? (I hope it is. I mean, I really hope they don't ask for the original - that would be absurd - I don't live with this person, I don't talk to this person, and I have no idea how to get an original birth certificate if they want one. I do have copies though. Is this enough?)

piper2013 as I said before the girls attended the AOS interview , it means they had their Vawa approved and the divorce wasn't a problem when adjudicating Vawa. The problem surfaces when attending the AOS interview.I believe it won't be a reason to revoke their cases, but so far no news.

Edited December 10, 2013 by piper2013

[anajnic 87]

I see. To me this means that although the interviewers are not supposed to be asking abuse-related questions, they still seem to question the abuse by assuming that if the person did not file for divorce first, the person is somehow not a victim of abuse. If they want to question to good faith of the marriage, I just don't see how who filed for the divorce first has anything to do with good faith marriage.

sandranj, I'm writing this because I'm just trying to brainstorm what is better: 1. to tell them how I had to move out of the state and how difficult my life was, which was the reason why I did not file first, or 2. to tell them that this is a question which they are legally not supposed to be asking at this point (at the interview) of the process.

I have 2 questions:

1. At the time of submitting the AOS application I didn't not send them the divorce document. So far they have not asked me to send it to them and my case is at the NBC. It has been at the NBC for 5 weeks now. I did biometrics 2 weeks ago. Should I be expecting that they request the divorce document before the interview?

2. I do not have the original of my spouse's birth certificate. I only have copies. At the interview, do they want to see an original of the US ex-spouse certificate? Is a copy of her certificate enough? (I mean, I really hope they don't ask for the original - that would be absurd.)

I see. To me this means that although the interviewers are not supposed to be asking abuse-related questions, they still seem to question the abuse by assuming that if the person did not file for divorce first, the person is somehow not a victim of abuse. If they want to question to good faith of the marriage, I just don't see how who filed for the divorce first has anything to do with good faith marriage.

sandranj, I'm writing this because I'm just trying to brainstorm what is better: 1. to tell them how I had to move out of the state and how difficult my life was, which was the reason why I did not file first, or 2. to tell them that this is a question which they are legally not supposed to be asking at this point (at the interview) of the process.

I have 2 questions:

1. At the time of submitting the AOS application I didn't not send them the divorce document. So far they have not asked me to send it to them and my case is at the NBC. It has been at the NBC for 5 weeks now. I did biometrics 2 weeks ago. Should I be expecting that they request the divorce document before the interview?

2. I do not have the original of my spouse's birth certificate. I only have copies. At the interview, do they want to see an original of the US ex-spouse certificate? Is a copy of her certificate enough? (I mean, I really hope they don't ask for the original - that would be absurd.)

[anajnic 87]

Hi sandranj,

Thanks for sharing this. I am already divorced but I hope it won't be a problem that my spouse filed for divorce first. My situation was such that I had to move to a different state and I was preoccupied with survival for months. Soon after I left my abusive spouse, she was already in a new relationship and it seems like she rushed for the divorce so that she could be "in the clear" again. In the meantime, I was out of the state, without any resources and basically trying to make it. These were my top priorities. The formalities around the divorce were not a priority for me at a time when I was trying to simply survive and seek therapist help. I recently went back to the town we lived together and went to the Court. I picked up the divorce degree, which says that I did not appear at the divorce hearings. I really did not want to see her again, I did not know when the hearings were anyway, and it didn't really matter to me - I knew we were going to be divorced, so, given that I was completely broke, I did not want to deal with any of that.

Your comment that it looks more credible if the victim of abuse files first seem correct - however, this would matter for the abuse, NOT for the good faith of the marriage. As far as I understood, they are not supposed/allowed to ask about the abuse at the interview. Who files for divorce first should have nothing to do with the good faith of the marriage.

Here is what I found:

"The 1990 act further assisted battered foreign nationals by making other changes to the INA joint

petition waiver provisions. It added language to the INA instructing the Attorney General to

establish by regulation “measures to protect the confidentiality of information concerning any

abused foreign national spouse or child." It also broadened the existing waiver based on

termination of a good faith marriage by eliminating the requirement for battered foreign nationals

to have been the ones terminating the marriage and for good cause. Thus, foreign nationals who

had entered into good faith marriages that subsequently terminated could apply for the waiver

regardless of who had terminated the marriage and for whatever reason. The House Judiciary

Committee report justified these changes as follows:

In many cases there are obstacles that prevent a battered alien spouse from initiating a

divorce, such as lack of resources to pay for a lawyer; ethnic or cultural prohibitions against

divorce…. Often, aliens are denied the waiver because they cannot satisfy the “good cause”

requirement under no-fault [divorce] laws."

All original documents have to be submitted, whether it seems absurd to you or not.Including but not limited to the Divorce decree. Whether you like it or not , it is what it is

All original documents have to be submitted, whether it seems absurd to you or not.Including but not limited to the Divorce decree. Whether you like it or not , it is what it is

You can copy and paste facts from bulletins and case laws as proof of the dos and fonts in interviews, still won't change the facts

[Cielo14 2]

Hello everyone

Sandra i am still maried but i don not any contac with my husband about 1 year ago my husband is out site to USA. I have a pro bono lawyer but she only can help me with my vawa case.. Now I am very worry about my AOS interview because I am still maried. Please give an advice

[bestgirlever 12]

bestgirlever Praise the Lord. I am so happy for you.

Thank you sandranj.

I wanted to ask you next steps but I know you've answered someone that asked a similar question so I will just scroll back on this vawa4 thread and read the forms I have to send in. For ead and i485. but I really don't wanna continue with my attorney so I'll be glad if you tell me if there's a process to go about letting uscis know I'm proceeding without my rep. Thank you

[piper2013 4]

anajnic,

Thanks for your response. But you didn't answer my questions. My first question was whether I should be expecting the NBC to send me a request for the original of the divorce (this would not be absurd). This was just a question I had. So far I have not received an RFE...

My second question was specifically about the birth certificate of my ex-spouse. Is an original of this necessary as well? From your answer it sound like it is. But you don't provide any information on how the original of such a certificate is obtained. After all, can anyone just go to an institution and request anyone else's birth certificate? That sounds to me like a huge invasion of privacy... I certainly won't feel comfortable with anyone simply being able to receive my birth certificate - which is an identity document that can be used for identity theft.

I was citing laws, because laws matter - or should matter. The facts are the facts - and nobody is disputing this. However, there are certain rules according to which state institutions (of which USCIS is one) have to play, and these are determined by laws.

Anyway, if anyone can answer my two questions above, I would be grateful.

[anajnic 87]

Hello everyone

Sandra i am still maried but i don not any contac with my husband about 1 year ago my husband is out site to USA. I have a pro bono lawyer but she only can help me with my vawa case.. Now I am very worry about my AOS interview because I am still maried. Please give an advice

I am also still married, have no lawyer as well.Not worried. Its not compulsory to be divorced from abusive spouse. That costs, we don't have it