Hardly any proof to petition for i-360

[sue29 0]

This is the situation.

I met my husband whilst on a visit to the USA. We got married, my husband started becoming mentally abusive, he has never hit me put has smashed thing in the house punched his car lights out and become very very angry and is drunk every single day. Threatens to kill me and my entire family is I left him. I has pulled out a gun on me and said if I did not watch my words he will shoot me. He also made it clear that he will make sure that I will not get USA citizen or residence. I have all these in his text messages. He even apologise for being a bad husband to me.

How long have you got to be in the usa before you can file for i-360, what detail evidence do I require? do I have to live in the same household as the abuser? I am on a B1 visa (visitor) so did not and was petrified of jeapordizing that? Would I be able to come back in and file? I left because he was making my family miserable.

He goes to work drunk, and I have just only found out from his sister that he takes meth drugs. She also told me that he has a very checkered pass ie robbed the region bank, has many kids all over the usa of which he told me he has no children. On doing internet searches I also found out that he was done for possessing of drugs. spent 13 years in prison, and has a few murders under his belt.

I have never lived with him, because I decided to return home, due to the fact that I became scared. I am now outside the USA, we are still married. I am planning to come back to the USA, still on B-1 visa(visitor) will I be able to petition via an i-360, I have just realize that I can do this? I did not want to overstay my visitor visa.

[Ketsuban 1,034]

This is the situation.

I met my husband whilst on a visit to the USA. We got married, my husband started becoming mentally abusive, he has never hit me put has smashed thing in the house punched his car lights out and become very very angry and is drunk every single day. Threatens to kill me and my entire family is I left him. I has pulled out a gun on me and said if I did not watch my words he will shoot me. He also made it clear that he will make sure that I will not get USA citizen or residence. I have all these in his text messages. He even apologise for being a bad husband to me.

How long have you got to be in the usa before you can file for i-360, what detail evidence do I require? do I have to live in the same household as the abuser? I am on a B1 visa (visitor) so did not and was petrified of jeapordizing that? Would I be able to come back in and file? I left because he was making my family miserable.

He goes to work drunk, and I have just only found out from his sister that he takes meth drugs. She also told me that he has a very checkered pass ie robbed the region bank, has many kids all over the usa of which he told me he has no children. On doing internet searches I also found out that he was done for possessing of drugs. spent 13 years in prison, and has a few murders under his belt.

I have never lived with him, because I decided to return home, due to the fact that I became scared. I am now outside the USA, we are still married. I am planning to come back to the USA, still on B-1 visa(visitor) will I be able to petition via an i-360, I have just realize that I can do this? I did not want to overstay my visitor visa.

You can't visit the US with a tourist visa and have the intention to remain there as an immigrant. You would need to research a legal way of moving there. You could try the illegal route, but it's at your own risk and I believe we can't advise you since it's against this website's terms of service.

[Eric-Pris 1,607]

-Cooks meth

-Has robbed a bank

-Spent 13 years in prison for drug possession (that must've been some possession to get 13 years)

-Has a couple of murders "under his belt"

What else has he done?

Edited November 26, 2013 by Kathryn41
to remove inappropriate content

[belinda63 3,041]

1. It is very difficult if not impossible to file the I-360 from another country.

2. You never lived in the same household as your spouse which is a requirement to file the I-360

3. You have no proof of a bonefide marriage to the abuser.

[dwheels76 5,468]

Proof That You Lived With the Abuser

In order to qualify under VAWA, you must also show that you actually lived with the abuser. This can be done by submitting leases that list both of your names, utility or phone bills that have both of your names, or school records that list both parents. Tax returns and pay stubs can also be used.

Basically, any documents that list both your name and the abuser’s name at the same address can be helpful. If you cannot get many of these documents, you can also have friends and family members write declarations discussing the fact that you lived with the abuser.

***********************************************************************************************************************

By the look of things you don't qualify. And younever lived with him than you left the country so you have shown you have a place to do and don't really need to stay or escape some evil. you might want to look at this and also google VAWA.

http://www.nolo.com/legal-encyclopedia/proving-your-vawa-case-evidence-submit.html

[dwheels76 5,468]

-Cooks meth

-Has robbed a bank

-Spent 13 years in prison for drug possession (that must've been some possession to get 13 years)

-Has a couple of murders "under his belt"

What else has he done?

Like how did this all come to light. Really OP I hope you are very serious and not playin around.

Edited November 26, 2013 by Kathryn41
to remove inappropriate comment from quote and refering to quote

[sue29 0]

I am serious I am not messing about. I spoken to his oldest sister yesterday and she enlightened me with his checkered and trouble past. I have our marriage certificate, states that we reside in ............. NYC both of us. I have his payslips and his birth certificate etc, he has never filed tax returns before this would be his first time. I don't want to use his stuff because I don't want to be done for fraud. I want to do it in a legitimate way. It sounds a bit much but it is what it is I would not be exaggerating as it would not be profitable for me.

[Merrytooth 5,748]

If you are safely back in UK, why still want to return to US? You can file for divorce in UK and move on.

[dwheels76 5,468]

I am serious I am not messing about. I spoken to his oldest sister yesterday and she enlightened me with his checkered and trouble past. I have our marriage certificate, states that we reside in ............. NYC both of us. I have his payslips and his birth certificate etc, he has never filed tax returns before this would be his first time. I don't want to use his stuff because I don't want to be done for fraud. I want to do it in a legitimate way. It sounds a bit much but it is what it is I would not be exaggerating as it would not be profitable for me.

But like I posted you have not established any home with him here in US. You never even lived together. You have no evidence so immigration i would think is looking at it as why do you want to even immigrate.

How long were you married? You say you didn't want to overstay.

How long have you been out the country?

[Eric-Pris 1,607]

But like I posted you have not established any home with him here in US. You never even lived together. You have no evidence so immigration i would think is looking at it as why do you want to even immigrate.

How long were you married? You say you didn't want to overstay.

How long have you been out the country?

If this is even true (edited) there is no way she qualifies for anything that would allow her to legally remain in the US, which is clearly what she is looking for.

She married on a tourist visa meaning that she met, fell in love, and maried the man within 6 months. Red flag #1.

They never lived together. Red flag #2

He was verbally abusive, she left the US to escape him, and now wants to come back to the US under tourist visa again for what? More abuse? Red flag #3.

Somehow she discovered VAWA and thought it applied to her and would let her remain in the US the easy way. But it doesn't.

Go back to your country and be happy that he can't hurt you or your children anymore. Why would you want to come back for more of that?

Edited November 26, 2013 by Kathryn41
to remove inappropriate content

[Kathryn41 3,205]

Several posts have been edited to remove inappropriate comments. Please confine your responses only to the posted information and do not make conjectures or innuendos or personal comments about the poster. Any further comments that do not seriously and constructively address the information posted will be removed and the poster thread-banned.

Topic has also been moved from the CR-1 forum to the Effects of Major Family Changes on Immigration Benefits forum as a more appropriate location for this discussion.

Edited November 26, 2013 by Kathryn41

[Hypnos 6,578]

You do not qualify to file for VAWA, since you never lived together in a true marital union (which is a requirement).

[Jamericanlove 31]

I don't think you can apply for VAWA since I believe it is based on some kind of prior immigration benefit (spouse or fiance visa). Since all you did was get married and then essentially go back home I think your best bet is getting a divorce or annulment and putting this all behind you. I'm glad you got out before he had a chance to do any physical harm. All the best for the future.

[Caryh 5,206]

You can't apply for VAWA because you're not in the country. Coming into the country with the intention to adjust status on a nonimmigrant visa is considered fraud. Any attempt to enter now on a tourist visa will be seen as a fraudulent attempt to get immigration benefits. I do have to say I'm completely confused that you married someone here, yet failed to live with that person while you were here. I could understand returning to your home country if you're afraid, but that return closed the door on adjusting status through VAWA. Vawa applicants are regularly warned not to leave the country after filing because their case will be closed if they do.

[Villanelle 4,122]

You have a few questions, but before getting to them it seems like you are slightly misinformed to what VAWA is and what it isnt because of your final one I have just realize that I can do this?. No. No you can not unfortunately. Vawa is the violence against women act designed to help those who are victims of abuse or trafficking that are brought to the US by the abuser or were already in the US on some other kind of visa but are still in the US and are are unable to adjust status due to the fact that you need the support of a USC to adjust on a family based petition and an abuser simply will not 'help' adjust their victim. So its basically a special form the victim can fill out (the 360) that says hey Im a victim and I dont have a USC to sponsor me and they review it and if they say yup you are a victim you have no USC to support your petition you can file on you own- so you file on your own. No different then filling out a form if you were a widow and your spouse died and could not sign the AOS forms for you any longer.

Your primary problem as others have mentioned is the fact that you left the US. Every victim of abuse needs to make that decision when they leave the abuser- what to do? where to go? whats best for them and their families. Some people choose when they realize the person they married was not who they thought they were and is abusive to simply pack up and return to their previous home country. And thats fine but that closes the door to VAWA. Others may not have anything to go back to or can not go back and choose to remain in the US and purse their GC through VAWA with out the abusers support. You chose to return home so thats it.

As for your other questions there is no specific amount of required time that you have to live with the abuser but you must live them at some point. You have stated that you have never lived with him. (So even if you chose to stay you would not have been able to file for VAWA) AS for the question of evidence needed you can find that in the VAWA thread in the forums. Would you be able to come back in and file? Meh. As others have stated entering in on your visitors visa with the intent to immigrate is fraud. Could you do it and get away with it? Possibly. They may not question you. You would then have to put your self back into the abusive situation to gather the proofs amd requirements needed to even file (living with abuser, police reports etc) and then once you do file your chances of being approved are incredibly slim because you would have to give a detailed account of your relationship including when and how met, how you found out about his past and left, your trip back home (which they will see) how you came back and willingly chose to suffer the abuse again for the purposes of the VAWA GC. Entering fraudulently, willingly becoming a victim for the benefit? Oh my. A HUGE part of becoming eligible for VAWA is showing the applicant is of good moral character and that does not. An attempt at lying and alerting the timeframe of events will not go over either as the VAWA unit is a small unit of specially trained adjudicators who review each case with a fine tooth comb and any lies or false statements will be discovered and not taken lightly. You would be risking your ability to get future visas by committing fraud in attempting to get VAWA.

As a poster above said you just need to focus now on getting a divorce or annulment and be glad that you got out when you did and are somewhere safe now.