Emotional Abuse grounds for VAWA?

[KTandTommy 31]

Hello,

I am a former K1 visa holder from Canada. Got married on January 1, 2013. Life with my husband was AWFUL, without going into too many details. I left him (and the country) on October 31, after filing for divorce. Our divorce date is January 10, 2014 (which I'm heading down to FL to attend). I have EAD/AP but have not received the 2-year GC yet.

Here are my questions:

1. Is emotional abuse grounds for VAWA? He never hit me (because he knew I would leave faster than he could blink if he did!), but he spent 10 months being extremely emotionally abusive. I have texts, emails and a few audio files from some fights that I recorded as proof. I don't necessarily want to stay in the US, but I want to prevent him from ever bringing another woman into the country again. (And if it meant staying in the US under VAWA, I might consider doing that)

2. Am I even able to file VAWA though we were only married 10 months? I definitely entered the marriage in good faith. I have proof of co-mingled finances, lots of photos, lots of emails from before the abuse started, etc.

3. My plan was originally to make an infopass appointment as soon as the divorce goes through and figure out what I need to do to turn in my visa/EAD, etc... should I still do that? Or should I make them aware of the situation and have them tell me what to do?

Any info/advice is appreciated!

[Hypnos 6,576]

Your case is complicated. First, have you notified USCIS of your pending divorce, or withdrawn your I-485? Or has your husband withdrawn his I-864? If he has pulled his paperwork then your green card cannot be issued, nor should it, since it is meant for family reunification and if you're getting divorced then there is no family left to unify.

Without knowing exactly what you've done it's difficult to advise you further. You can file for VAWA based on emotional cruelty, but they won't just take your word for it, you'll need psychiatrist evaluations, therapist reports, police reports, etc.

Edited December 31, 2013 by Hypnos

[Sandra G. 5,047]

If your intention is not to stay in the US then do not use the system filing Vawa, first because Vawa was created to give protections to victims of domestic violence and/or extreme cruelty, and to help victims to flee domestic violence and abuse without facing homelessness, and second having a Vawa case against him it won't affect his ability to get married and bring another woman to the U.S.

Any person victim of extreme cruelty (mental abuse) is allowed to file Vawa, it doesn't matter if you were married 1 day or 10 days.But considering what you posted I don't think Vawa is appropriate for you since you don't want to establish your life in the US.

To prove extreme cruelty you need to have at least 5/6 sessions of therapy and a psychological evaluation done, stating you have major depression and/or pos traumatic disorder due the abuse suffered.

Edited December 31, 2013 by sandranj

[KTandTommy 31]

Thanks for the information Hypnos & sandranj.

You're probably right, Vawa is probably not the right way for me to go, especially if it brings him no consequences.

To answer the questions, just to tie things up - I have not withdrawn my petition yet, nor do I believe my husband has.

And I have been to therapy, though I don't have any police reports.

[Caryh 5,206]

Thanks for the information Hypnos & sandranj.

You're probably right, Vawa is probably not the right way for me to go, especially if it brings him no consequences.

To answer the questions, just to tie things up - I have not withdrawn my petition yet, nor do I believe my husband has.

And I have been to therapy, though I don't have any police reports.

As you've left the country and returned home, you are also no longer eligible to adjust status through VAWA. A VAWA applicant is usually warned not to leave the country even if they have AP. I'm sorry for the troubles you went through, but even getting a green card through VAWA, it would not affect his ability to sponsor another fiancee or spouse. Had you made charges of domestic violence and they stuck, that would hurt any attempt to bring in a fiancee, but its too late for that now.

I hope you recover from this ordeal soon and start living a happy life again.

[Sandra G. 5,047]

To file Vawa based on extreme cruelty is not necessary to have a police report. The police will not file a police report for mental abuse, but just for battered victim. It's mandatory to have a psychological evaluation to file Vawa.