Vawa Part 5

[carguy87 3]

Ok so I'm new here and started this, please take a look http://www.visajourney.com/forums/topic/491233-i-360-i-485/

anyway have some questions on filling out I-360 also have some on filling out I-485 but gona take it one form at a time but will eventually get professional help to look over when I'm ready to send my stuff.

For form I-360.

Part 2. Classification Requested (Check one):

Can I wave the fee, even though I am doing it as divorced?

The website says. "There is a fee of $405, except for:

• Self-petitioning battered or abused spouses, parents or children of U.S. citizens or permanent residents (Box 2i or 2j on the form); "

Box 2i is "Self-Petitioning Spouse of Abusive U.S. Citizen or Lawful Permanent Resident"

That is one of the wayvers. Would I be in that same category or would I have to check box

M: Other, explain:

and put

"Self-Petition as a Battered Spouse of a U.S. Citizen or

Lawful Permanent Resident Within Two Years of Divorce."

Per this, that I found online http://www.uscis.gov/sites/default/files/files/pressrelease/VAWADv_pub.pdf

and have to pay the fee because I'm divorced now? If have to pay I'm ok with that, but if I didn't that would be even better

Have a lot more questions that I will ask later as I start to fill it out.

Thanks,

[Sandra G. 5,047]

faith 38 in the Separation Agreement you should mention regarding custody of children, visits, support of children, property division , division of debts, change of name, division of assets ( pensions, bank accounts or stocks), alimony (or support for you).

A Separation Agreement is valid just if both spouses sign it,otherwise is not valid.You must notarize the Separation Agreement ok. If you don't have children, debits to share,division of property or no change of name, then there is no need to file the separation agreement, then just file for divorce . If he is not willing to sign anything, then file a Complaint for Divorce mentioning "Irretrievable Breakdown of Marriage." You have to wait at least six months for a hearing,after filing the complain ok, you sign the form, and the he will be notified by a summons, or if you are in good terms with him you can file the "Joint Petition for Divorce"

If you don't want your husband knows your address, you can file a motion asking that the court impound your address,and you have to explain the Judge why you don't want your address is displayed in the Court Papers.

Check it out these two samples.If you have children, or property I advise you to find a pro bono lawyer to help you.

http://www.hampshireprobate.com/Divorce%20Info/SeparAgreewochildren.pdf

http://www.hampshireprobate.com/Divorce%20Info/SeparAgreewchildren.pdf

Edited April 15, 2014 by sandranj

[Faith38 37]

Hi henry10700 i live in masschusett

[Faith38 37]

Sandranj thank you there are no kids and property involved i dont want anything from him i really want to close that chapter of my life , i will take your advise and find a pro bono

[Sandra G. 5,047]

CARGUY87 There is no fees regarding form I-360(vawa).

If you can't afford to pay Uscis fees regarding form I-485 then file I-912(fee waiver) it does not matter if you are married or divorced.

Classification request, check option m and write down I-360(VAWA)

You had DACA granted by USCIS then do not file I-485 now, since you can already work under DACA. If you file I-485 and your Vawa is denied you will be removed from the U.S, if you submit just I-360 and your case is denied they are not removing ok.

Edited April 16, 2014 by sandranj

[37shells 5]

So I just got home from my GC interview. I waited for about 30 minutes before I was called in and I was asked all the questions on the i-485. She also asked me when i last had fingerprints done, i said Dec 2012. She said I would need to have them done again. I was asked for marriage cert, birth cert, childrens birth cert, passport and drivers license. She went and took copies of my passport but did not ask me for my i-94. She asked me how many times i'd been married and i said once and that the divorce is still going through the court. She asked me how many times my husband had been married and i said twice. She then asked me for the divorce decree from his previous marriage. I did not have it and I can't get it either. In fact he never told me he was married before until i found out through some online court document that gave his and his ex wife's divorce date and that was how i found out he was married before. I explained this to her and she told me she couldn't do the application without the document. Then she asked me for his ex-wife's name which I was able to give to her and she wrote it down, but she also asked for her d/o/b which i do not know. She told me that she would have to see what her supervisor said about it. There were a couple of questions also that made me uncomfortable because it was related to the abuse. She asked me if my husband had ever filed anything for me and I said no. Then she asked why. Well rather than say "because he's a psychopath who used my status as a weapon to trap me for over a decade" I simply said "I don't know", and that's the truth - i don't know why someone would do that, thats a question only they can answer. She asked me how I managed and I just said that it has been very hard, and it is still very hard because it is ongoing through the court now in the divorce process. Afterwards she told me that she was going to see what her supervisor says and mail me if there is anything else she needs and she wished me good luck. So I am a little down about it to say the least. I hope things work out, I guess that is all I can do.

[blest.but.strest 50]

So I just got home from my GC interview. I waited for about 30 minutes before I was called in and I was asked all the questions on the i-485. She also asked me when i last had fingerprints done, i said Dec 2012. She said I would need to have them done again. I was asked for marriage cert, birth cert, childrens birth cert, passport and drivers license. She went and took copies of my passport but did not ask me for my i-94. She asked me how many times i'd been married and i said once and that the divorce is still going through the court. She asked me how many times my husband had been married and i said twice. She then asked me for the divorce decree from his previous marriage. I did not have it and I can't get it either. In fact he never told me he was married before until i found out through some online court document that gave his and his ex wife's divorce date and that was how i found out he was married before. I explained this to her and she told me she couldn't do the application without the document. Then she asked me for his ex-wife's name which I was able to give to her and she wrote it down, but she also asked for her d/o/b which i do not know. She told me that she would have to see what her supervisor said about it. There were a couple of questions also that made me uncomfortable because it was related to the abuse. She asked me if my husband had ever filed anything for me and I said no. Then she asked why. Well rather than say "because he's a psychopath who used my status as a weapon to trap me for over a decade" I simply said "I don't know", and that's the truth - i don't know why someone would do that, thats a question only they can answer. She asked me how I managed and I just said that it has been very hard, and it is still very hard because it is ongoing through the court now in the divorce process. Afterwards she told me that she was going to see what her supervisor says and mail me if there is anything else she needs and she wished me good luck. So I am a little down about it to say the least. I hope things work out, I guess that is all I can do.

I hope you get approved for your GC. Your interview didn't seem as easy as what other VJ members described in the past. I am surprised that they asked you questions about the abuse, my understanding from reading this forum was that they are not allowed to ask you about the abuse. Were the abuse questions very general or were they very specific to your case? Do you mind sharing the questions the officer asked you about the abuse, not the answers, just the questions. What city was your interview held?

Thanks in advance

[Cielo14 2]

Shells37, I really hope you GC coming soon, just remenber keep your faith. God can do everything

[37shells 5]

Thank you so much for your encouragement. When I arrived there I was already very shaken because my abusive (soon to be ex) spouse's mother lives five minutes away and I had to slam my brakes one time and reverse back up the road because I had spotted him on the same road where I was headed and I just prayed that he didnt see me and follow me to the place. So I was already somewhat traumatized when I arrived. After reading about everyone elses interviews I did expect it to be straightforward and I just wanted to get in and get out and leave the city (i live two hours away from there) knowing that he was in the area. The questions were not directly related to the abuse, or specific to my case, although they were general questions, ie "why didn't your husband file anything for you?" the answers would have required me to go into detail about the abuse, in my case my spouse used to threaten to call the police and have me deported as a threat to get anything he wanted - and he has carried out these threats after I left him but I already had prima facie notice by then so when the police came knocking on my door on xmas day I told them that. He tells the judge in court during divorce hearings that i am illegal and they need to arrest me, he doesnt know that i am not because I have never told him but he uses it every opportunity he gets, and obviously that is a weapon he uses against me. So to properly answer that question, this is what I would have to state, and thats going into detail about the abuse, right? Why a human being would do that to another human being i do not know, but I have waited 14 years for the threats to end and they still go on in the courtroom despite me having a restraining order for the other things he has done to me. Of course, i felt not only uncomfortable trying to answer because I know we're not supposed to be speaking about the abuse during the green card interview, but to be having to think in depth about answering the questions had my nerves going completely crazy by the time i left. It's been an awful day, I thought today this would all end and I'd be able to look forward to visiting my family back in the UK and introducing them to my children. I guess that wont be happening for a while longer. By the time I left I just felt like i should be grateful for not being detained there and then. I'm trying to think of some of the other questions, there were more.

[Cielo14 2]

Shells37 you was with your lawyer or alone? were was your interview ( local office)?

[Miangela 0]

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Edited April 16, 2014 by Miangela

[37shells 5]

So if my AOS gets denied because I couldn't provide divorce decree from his previous marriage that would be an error? Because even spouses of bigamists qualify under VAWA (I know the divorce did take place, but even if it didn't, and he was still married when he married me) so therefore a divorce decree should not have been necessary for my case anyway?

[Sandra G. 5,047]

37SHELLS You can get a copy of his previous divorce, just go to the County clerk’s office to ask a copy, they are public records. Some web sites you just have to pay some fee and you can get a copy as well.

[henry10700 2]

I am sure that they cannot deny you for that.

[Sandra G. 5,047]

37shells you can get GC, since the Immigration Law states that the alien Get VAWA Protection based on bigamy,but they may take long time to find out if he is a bigamist, divorced or whatever.But you will be ok.

To the other VJ members, in order to avoid any delay just get copy of the divorce decree(if it applies to your case) by contacting the Court,or ordering online.