under vawa law got divorce with my spouse abuser and remarried if filling for i360 concurrently with i485 should i fill the same time a i485 ?

[Scotishiz 1]

I was in a abusing relationship but everything started after we got married got police involve a few time I have order protection against her because she tried to kill me a few times but we met n 1998 she got pregnant 1999 and we had to terminate the baby because the doctors found some abnormaity and we had option to terminate the pregnancy but before we got married a year before we were living together. got engage in 2000 and got married may 5th 2001 she filed for me then and got denied because she file a couple days after the new law if you cam to the country undocumented.... which she did it in purpose. and everything turn to a big thing since then is hell I cannot go anywhere , cannot speak to my native language with anyone or she felt I am talking about her. my family cannot come to my house and I cannot go to their house. if I am walking on the street head streaght..... or i can get hit and no body can look at me . that time my english was not so good everytime she is threaten me to get me deported and if I try to talk to anyone or the cop she will lie and tell them I am abusing her. one of the situation after I got off the phone with my sister once she was so upset but I ignored her and while i was in the bed face down she hitted me with a big nightstand clock and ran off ... after 10 minutes her counsin called me to check on me to see if I am ok because she called the cousin and told her what she did so she thought i was dead. she always made me feel in america man do not have any right and then again I am a illegal Alien so nothing I could do . she always punch me n my face and scratch my face so I have to lie to my family when I see them. one time she follow me at my sister in Queens and stated to punch me and scratch my face and she fled the scene then my sister took me tot he police station and they took some pics of my face but her family talked me out of it she got release and I didnt pressed charge and the same year again she did the same thing follow me by my other sister in Long island broke in to the house and jump on me try to stab me with a crock screw my sister had to call 911 because she is about 5'11 260bl and I am 5'7 165 bl she got arrested and this time i could not do anything for her and the DA gave me an order protection and she got charge with a few felonies . that was 2003 since then she kept n hostage dont want to get divorce and i do my living trugh people I met girlfriend help me out . she took all my papers birth certificate passport long story short finally got divorce last year and i got married again and now I found out about the law vawa and I am about to file for the i360 I have police reports order protection and also to prove the abuse but concerning tax return , lease we had together bills or any record we had together just vanish because it over ten years and everybody vanished their record after a period of time I have picture of the wedding. I wasted about 13 years of my life could not do much in this country and now I have a chance to get my life back and be productive ...... any advice ....?

[zkt101 38]

If you divorce is within two years, you should be able to file under VAWA

Edited March 22, 2014 by zkt101

[Scotishiz 1]

thanks, my lawyer don't want me to file concurrently i485 but I have some strong evidences and he pleaded guilty with lesser charge but with everything been going on with me ... my marriage with her was real she was pregnant for me and also I have prooff I signed with her we donated the fetus to science.... I just got divorce September 2013 got married with my 5 years relationship girlfriend but she is n TPS status wonder if she will be benefit to it ..... I will fight because I been very honest and all this evidences ..... I think everything should be ok . the reason I want to file concurently my i485 so it will take me less time to have my green card and sometimes can get approved the same time with the i360

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

[jan22 3,064]

I don't believe you can file since you got married again before the I-360 was approved -- you could get married again once it was approved, but if I'm reading correctly, you haven't even filed it. From the USCIS presentation Q&A site (http://www.uscis.gov/humanitarian/battered-spouse-children-parents/questions-and-answers-battered-spouses-children-and-parents-under-violence-against-women-act-vawa):

Q. Can A Divorced Spouse Seek Relief By Filing A Form I-360?
A. Yes. Effective October 28, 2000, you may file a Form I-360 if the marriage was terminated within 2 years prior to the date of filing, if you can demonstrate a connection between the termination of the marriage and the battery or extreme cruelty. A battered spouse who cannot demonstrate such a connection may be eligible for battered spouse cancellation of removal. To qualify for battered spouse cancellation of removal, you must meet the other requirements that would be necessary for approval of a self-petition. In addition, you must have been physically present in the United States for 3 years immediately preceding the filing of the application for cancellation of removal, and you must demonstrate that your removal from the United States would result in extreme hardship to you or your child.

Your Form I-360 will be denied if you re-marry prior to the approval of the Form I-360. Remarriage after the Form I-360 has been approved will not affect the validity of the petition.

[Scotishiz 1]

I checked the vawa law about remarry they only stated it for widowed cannot remarry before they get approved but nothing for spouse abuser........

[belinda63 3,047]

I'm sure Sandra will be along soon but I think remarriage prior to approval of the I-360 means you can't get VAWA approval.

[SingleDad2usc 71]

True, Sandra said so (many times). But in view of your quote "I checked the vawa law about remarry they only stated it for widowed cannot remarry before they get approved but nothing for spouse abuser...", I'd encourage Sandra to check on that again. Also, what other relief may be possible. I think C-o-r (Cancellation of Removal) if overstay more than 10 years, unless if you've come from visa-waiver country

[Scotishiz 1]

thanks , what do you mean by over stay more than 10 years ?

[SingleDad2usc 71]

check into C-o-r. Maybe if you prove "over 10 years of good character in US", you're eligible for relief. Your lawyer can't bring C-o-r to USCIS; but if you're denied I-360 concurrently with I-485, thus triggering removal order - then you may be able to seek C-o-r

Edited March 22, 2014 by SingleDad2usc

[Scotishiz 1]

I got arrested a couple time on traffic violation one about 12 years ago with a suspended license and in february 2011 got puul over and I didnt have my wallet with me so the cops gave me a bunch nonesense tickets so got hod in the precinct for about hour and bail $300 went to court about 7 of them got dimissed and paid a fine ... I got the disposition from the court. I am not sure about the good moral of character if for thos e i got arrested for can be a problem .... never in trouble with the law except for those traffic violations ...... is that a problem to make me unfit of good moral character ?

[belinda63 3,047]

COR requires 4 things (really 5)

1) Has continuously resided in the United States for at least ten years; and
2) Has been a person of good moral character throughout this time; and
3) Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3); and
4) Establishes that removal would result in "exceptional and extremely unusual hardship" to the alien's spouse, parent, or child who is a United States citizen or legal permanent resident.

1. You are not currently under removal proceedings so I don't know why this was even brought up.

2. You have no USC or LPR spouse, parent, or child here that you have mentioned.

From what you have said and what I think if correct you do not qualify for VAWA since you remarried and you can't apply for COR since you aren't in removal proceedings nor would you qualify if you were,

[SingleDad2usc 71]

OP, check "any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3);" - if you haven't committed those, and if you produce original embossed-seal disposition of traffic arrests - then your character may qualify.

As far as hardship - here is a plausible scenario: you're filing I-360 and I-485 now. By the time you're denied and placed in removal, you may have a newborn with your new wife.

The only unclear aspect: will your original petitions be processed (at all and then denied), or will they simply be returned to you as "not amounting to prima facie". Again, under current legislation your lawyer can't initiate C-o-r; you have to first trigger removal order somehow

[Scotishiz 1]

Binlanda63 I understand what you are saying I have 3 kids in the US and i was married with a abuse spouse for about 12 years still last year I re married .... I check the law for vawa for spouse abuser nothing stated I should not get married but for the vawa widowed specifically said cannot get married before the i360 approval if the law specifically stated I should not and cannot get married before i get approved first yes but don't see nothing like that anywhere and my lawyer said its fine. if i get denied I will appeal it and i can prove my case front of a judge because i tell teh truth and I have evidence and proof of everything . I didnt know about the vawa after which a month ago .

[Scotishiz 1]

my new wife i just have a baby one month old , if i knew about the law before i would of file long time ago this woman almost kill me a couple times and the last charge this is when i left and I did not even ask for a order protection the DA just gave it to me she was trying to stab me ..... i wasted a good part of my life and my new wife she is the one been supporting me and I need to start working and do something ....