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 ?

[SingleDad2usc 71]

I'm not sure why your lawyer doesn't want to file I-485. You can get pro-bono lawyer by calling Family Justice Center at 350 Jay St.

In addition to VAWA and C-o-r, another relief may be U-visa. That's if the abuser was under prosecution by DA office and you didn't refuse to co-operate with DA office - then DA office should provide U-visa certification. And if your children have ever been under the ACS coverage due to their mother's "indicated" neglect, and you co-operated with ACS, then ACS can also issue U-visa certification

Edited March 22, 2014 by SingleDad2usc

[Scotishiz 1]

I am sending the papers out monday and I will have him file for the i485 at the same time ..... I loved my ex wife we were together for about 2 years before we got married then again she was pregnant for me and I have two police reports she was arrested twice the first time i didnt pressed charge because her family told me if I did I will never get my green card here and I will get deported i didnt know better now I know and she got arrested again and got charge and she pleaded guilty for two of the charges with a less charge .... i was n a real relationship and I was not for her for papers and I can proove all tthat .... one thing i got married again but my lawyer said its nothing and I made research npothing for vawa spouse abuser not to remarried before get approved but for widowed they said cannot

[SingleDad2usc 71]

I hope over this weekend Sandranj can clarify about re-marriage, no one can match Sandra's record of success with VAWA petitions. I don't know how diligent your attorney is, but you must organize your paper evidence in particular required order. Your statement must be about 10 pages, and also covering all history in order. If there is not official evidence of physical abuse (i.e. spouse convicted of assault which caused bodily harm), then you must prove mental abuse and must submit psychologist treatment report. Again, if ACS has found neglect/abuse "indicated" against your children, and at least one child has long-term effect, then that's also part of your VAWA case, even if you don't qualify as abused self for some formal reason. Consider all this before sending papers in, or you will not be able to change your statement later

[Scotishiz 1]

she was mentally ill ... very violent she was diagnose with bipolar , paranoid , all different thing and she was in medication and therapy since she ws 14 years old which i found out after we got married and she stop taking her meds ..... I gave the lawyer money already and the reason i go with him because he had all the files before about my first filling and because of the copy he had so some of the evidence I have her birth certificate and mine and other stuff so i went with him but other than that I could do it myself or get a pro bono lawyer

[Scotishiz 1]

I am going to the lawyer Monday and get the papers ready to send them out on that Monday... I have a 4 pages affidavit I just highlight a few incidents but the way you are saying it i have to mention as much I can .... i cannot wait anymore I need to do what i have to do and face a judge if I have to because I am telling the truth and I think I am qualify under the vawa law and I can prove it if I lose that mean she is right she knew what she was doing she had me hostage for so long and will never get my legal status in here.....but this time I am ready to fight and prove my case because I had enough enough enough

[SingleDad2usc 71]

Dear OP, I'm hoping you and any future petitioner deeply understand all this:

1. Correct, yes, you want to mail your package ASAP; but...

2. Your package is what Vermont will judge...not your voice presentation, your emotion

3. Vermont goes by THEIR list of required "proofs", not by what you feel about your history and your present

4. Statement must go over courtship, good times, love, bona-fide marriage, sudden change, every incident, and results. Four pages can't do it, some victims write 50. Ideal is 10

5. You may be prevented by statute to be approved as victim; but if you haven't included ALL relevant evidence about your children, then you shut yourself out from being approved as the parent of child-victim.

6. USCIS list of acceptable bona-fide marriage proofs is very different from your feeling of proofs.

7. USCIS list of good character proofs is specific (police form that costs money, originals of all dispositions that are free if you were acquitted)

8. Must submit all Births, all Marriages, all Divorces, all visas, all Passports

Ironically, the excellence of submitted paperwork trumps even all your/children suffering. That's what bureaucracy is about

[Scotishiz 1]

what so different for the u visa ?

[SingleDad2usc 71]

VAWA may be easier to submit and also eases the process of rebuilding your life (as a verified victim) - so it's recommended to attempt it first. But if your marital status makes VAWA un-applicable (check with your lawyer and Sandranj), then U-visa certification has to be obtained from either DA office, or Child Protective Services. Next hurdle is how many U-visas are still available (annual count starts every August).

Either VAWA or U-visa require a lot of work by your lawyer - and that's the only reason a lawyer will not submit both

[Scotishiz 1]

so I will try the vawa and then if any reason its not working i will check with my lawyer about the U visa now the last time i spoke to the DA i supposed to meet with ehr again about the case and talking about giving me sign document for the u visa ..... but what some restruction with the u visa you think about my case can be a change ?

[Boiler 46,076]

He is here illegally.

His ex was a USC, she was pregnant but was aborted.

A lot of drama in their relationship, you can go back and read if your are interested.

They divorced.

He married another illegal who has TPS (Temporary Protected Status)

They have a child.

He now wants to obtain legal status, and is thinking of VAWA, U seems a bit far fetched.

[SingleDad2usc 71]

Not interested in reading drama; why start "He is here illegally"? OP clearly disclosed 10+ overstay. Why is U-visa certification far fetched, if he never refused to be witness for prosecution?

[belinda63 3,047]

He has no children with the USC former wife thus talking about him obtaining VAWA through the abuse of their children makes no sense. His USC child was born of the current marriage, no relation to the prior, abusive marriage.

VAWA is not possible as far as I know since he remarried.

U visa is difficult to obtain and he would have to provide proof he assisted with the prosecution of his former wife. Sounds like she was charged and did a plea, no trial, no investigation, thus no U visa.

2. You are (or were) the spouse of an LPR or USC abuser, or the parent of a child who was abused by your LPR or USC spouse. There are several important points to keep in mind with this requirement. First, if the marriage ends because of abuse, you can still file a VAWA petition within two years of the end of the marriage. Similarly, if the abuser dies, you can file a VAWA petition within two years of the death. If the marriage ends after a petition is filed, then it has no effect on the VAWA petition. Finally, if you remarry prior to the approval of your VAWA petition, the petition will be denied. Therefore, it is important that you not marry again if you are considering filing a VAWA petition. Source: http://www.nolo.com/legal-encyclopedia/green-card-under-the-violence-against-women-act-vawa-who-is-eligible.html

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. Source: http://www.uscis.gov/humanitarian/battered-spouse-children-parents/questions-and-answers-battered-spouses-children-and-parents-under-violence-against-women-act-vawa

No sense in filing VAWA since you no longer qualify.

Edited March 22, 2014 by belinda63

[Boiler 46,076]

Not interested in reading drama; why start "He is here illegally"? OP clearly disclosed 10+ overstay. Why is U-visa certification far fetched, if he never refused to be witness for prosecution?

Because judging by some of the replies it was not clear to all.

I stated a fact, no drama.

U Visa requires your assistance.

[Avery Cates 1,141]

Not interested in reading drama; why start "He is here illegally"?

Because he should start by returning to his legal country of residence post haste.

[Sandra G. 5,060]

You CANNOT FILE VAWA anymore! because you got married.They will deny your Vawa petition,if you appeal they will deny too!

Ask your Lawyer to read the Vawa manual.If he is to lazy to read the manual, tell him to read page 26 of this link.

http://www.immigrantjustice.org/sites/immigrantjustice.org/files/VAWA%20Presentation%20Mayer%20Brown%2005%2014%202012_0.pdf