VAWA, Part 6

[Sandra G. 5,043]

I will not discuss details here, but I am back folks!

[Casper54 5]

Thank you Sandra ...Really appreciate it.

[Sandra G. 5,043]

Several people contacted me because their spouses filed for marriage annulment, and one of the girls found out by chance about the annulment through the newspapers.Many people here did not get divorced yet,and to avoid this kind the problem I suggest you to file for divorce as soon as possible.If you can't afford to hire an attorney then ask the clerk in your local court a list of pro bono Lawyers, or contact the Bar Association in your State. You do not have to file for divorce based on extreme cruelty, if you prefer you can file based on irreconcilable differences,it's up to you,but do not accept the marriage annulment at all. You can find some pro bono lawyers visiting the Department of Justice web site,or you can handle your own divorce without a lawyer (Pro Se Divorce).

Request the Court not to disclose your address in case you decide to file based on extreme cruelty. If you can't afford to pay the Court fees then ask the court to waive the fees.

Divorce records are also considered public records, then If you have something extremely important that can damage your life/career you can file a" motion to seal the records".

Edited January 20, 2015 by sandranj

[Faithkeeper 25]

I will not discuss details here, but I am back folks!

Oh thank God Sandra this forum would be useless without your help.

[biankat 0]

Several people contacted me because their spouses filed for marriage annulment, and one of the girls found out by chance about the

annulment through the newspapers.Many people here did not get divorced yet,and to avoid this kind the problem I suggest you to file for divorce as soon as possible.If you can't afford to hire an attorney then ask the clerk in your local court a list of pro bono Lawyers, or contact the Bar Association in your State. You do not have to file for divorce based on extreme cruelty, if you prefer you can file based on irreconcilable differences,it's up to you,but do not accept the marriage annulment at all. You can find some pro bono lawyers visiting the Department of Justice web site,or you can handle your own divorce without a lawyer (Pro Se Divorce).

Request the Court not to disclose your address in case you decide to file based on extreme cruelty. If you can't afford to pay the Court fees then ask the court to waive the fees.

Divorce records are also considered public records, then If you have something extremely important that can damage your life/career you can file a" motion to seal the records".

What a delight to see your name in my notifications sandra. Thanks for returning cause I personally would have deleted my account if you left and I know I wouldn't be the only one....So sandra given my interview is coming up, is it safe to get a divorce as soon as I get my Green card?. I dont know the whereabouts of my husband so what are my options in divorcing him? and if I get a divorce will I still be able to file citizenship within the 2 year 9 months?

[Sandra G. 5,043]

biankat thanks my dear. You can file for divorce anytime you want.Once you do not know his whereabouts then you have to ask the Court to publish the divorce summons in the newspaper.

You can apply for Naturalization after 2.9 months of being a GC holder, if your husband is an American Citizen.The divorce will not change anything ok.

[justiceseeker 1]

Sandranj

Thank u for being back....WE really need ur help and we really appreciate ur help and kindness.What is the " motion to seal the records" for divorce?I was abused from my spouse and got divorce based on mental cruelty and this was the foundation of my VAWA case.I am afraid that my spouse can retaliate against me or follow me and most important I work in a profession where I need my license to be clear of any bad history.

So do u think I need sealing my records?how can i do that after I left the whole county for my spouse because I am afraid of further abuse?

[Sandra G. 5,043]

Justice seeker first of all you need to be in the USA to attend the hearing if you file a motion to seal the records .Once the motion is granted the records are removed for public viewing. Being battered is not enough to have the records sealed ,you need to prove your reason oitweights the rights of people to see your records.It must be something extreme,such as a disease mentioned in the divorce case that you believe and have proof that can ruin your life or career if exposed,or if it was discussed something about a company that you worked,and have private informations in the records etc. It must be something extreme ,as I said before just being battered is not enough reason to seal the records.

[Angel66 4]

Hi there, I have been dipping in and out of this forum for a while. It has been very helpful and such a great resource.

I have a few questions and hope I can get some advise because I find the systems and procedures here so confusing.

I was recommended to an attorney who could help me with my VAWA application by my domestic violence worker. The attorney has not charged me to complete my application. I have found as a result the information and service she provides me is very limited and this is very frustrating for me. Most of the info I need I've had to search the net and forums like this to get the answers, If I ask her anything she always appears to be dismissive.

So she finally submitted my paperwork I-360 in beginning of October, I received Prima Facie dated 9th October 2014. I asked her what benefit was I now entitled to, she did not know as this is not her area. My daughter required medical attention and I was given such a run around trying to claim Medicaid that I ended up paying private.

I read that she could have submitted my I-485 at the same time as I-360. She said she was only working on I-360. She says that she does not want me to waste my money in case my I-360 is not approved. I am anxious as I already completed my medical and gave her all the relevant documents when I was in the process of completing the I-130. Can you advise is it better to wait until I-360 is approved?

6th Jan 2015 I received RFE. They want confirmation of my divorce from my 1st husband. I assumed because I had given divorce papers from 2nd husband it proved I was legally able to marry USC. Even though I have given moral character references from various people they have requested info from people in the UK as police records from here do not go back far enough. So I'm now in the process of getting a police check from UK.

My situation is quite complex. I met my husband online, we had been dating for 6 months. My daughter was already in the US she had overstayed. We fell in love, my husband has MS and I wanted to help him as he was struggling both financially and emotionally. He said he would marry me as he wanted me to remain in the US with him. I told him that I would need to go home to UK and he could apply for me as his fiance. He did not want this as he wanted me to stay with him. He was scared I may not be allowed back in US. So we married the day before my daughter's 18th birthday.

My husband moved into my apartment and I paid all bills and supported him. My husband became very verbally and emotionally abusive not very long after we married. It became apparent that he was using me for my money. We had a very bad argument and the police had to get involved. I found out he has mental health issues which he tries to down play. I have all emails, textes that he has sent me, some very abusive and vindictive which I have sent or I hope attorney has sent with my I-360.

I do worry about my case due to the length of our relationship and marriage plus my daughter over staying previously. Sandra have you worked with any cases of a similar nature? My husband has now divorced me as he told friends he does not want me to get residency because of him. However, he still continues to contact me and I have helped him by taking him to buy groceries, helping him out with money and giving him lifts when he is stuck. When he cannot get his own way he resorts back to being abusive towards me.

I would appreciate and feedback or info

Thank you

[Sandra G. 5,043]

Angel66 you can apply for medicaid for you and for your daughter using prima facie. Some States provide food stamp.

Yep I handled thousands of.cases like yours. I have hundreds of Vawa approved and the aliens were married 60/90 days, even one case the guy was married for 06(six days).He posted in the thread 5about his approval.

To submit l485 concurrently with l360 is something the alien has to decide with the lawyer.If your case is not strong then submitting just the l360 was a good idea,but if your lawyer believes your case is strong then the attorney can file the l485.

To be battered is not a choice, to be abused mentally/financially is not your fault,but you have the option to remove yourself from this toxic and abusive relationship.You can't "save" him or change him, then please take control back of your life and not allow him to explore or abuse you.YOur life is worth it.Do not talk to him anynore,do not help him anynore.Each year.over 3.000 women are murdered in the USA by their partners. You have your life ahead,please honor the memory of those women that died because of domestic violence , how? saving your life!

Edited January 21, 2015 by sandranj

[carguy87 3]

Hello Sandra, was just reading through this and so glad you are staying Also I sent you a PM of a question I have.

Thanks,

[carguy87 3]

Also today I woke up to email/text update that my card was shipped today but going online I don't see a tracking number. Will it show up when it actually ships sometime today, just like with EAD that showed after it shipped, or will I need to call them to get a tracking number?

[Angel66 4]

SandraJ - Thanks for your response. I went to the DHS and they said I was not entitled to Medicaid and told me about a 5 year ban. I still put in the application and have not heard from them.

Re:submitting I-485 my attorney will not be submitting this for me once my VAWA is approved, I was wondering should I just wait until approval or submit it now. Are there any benefits to submitting them at the same time or am I causing more delay? Thanks

Ps I should have said I'm concerned because my daughter became his step child a day before her 18th birthday, I wonder if they may frown upon us getting married so close to her birthday

Edited January 21, 2015 by Angel66

[Sandra G. 5,043]

Angel66 I did not know that you applied to adjust status before. We advise people not to submit form I-485 if the Vawa case is not strong , but this advice applies for those that NEVER submitted form I 485.

Did USCIS deny the I-485? if denied you have to submit a new one. In case they deny your VAWA you will be put in removal proceedings because the first denial, then it does not make any difference if you submit a new one now or later.Discuss with your Lawyer about that,and follow what your Lawyer will advise you ok.

Edited January 21, 2015 by sandranj

[Angel66 4]

Angel66 I did not know that you applied to adjust status before. We advise people not to submit form I-485 if the Vawa case is not strong , but this advice applies for those that NEVER submitted form I 485.

Did USCIS deny the I-485? if denied you have to submit a new one. In case they deny your VAWA you will be put in removal proceedings because the first denial, then it does not make any difference if you submit a new one now or later.Discuss with your Lawyer about that,and follow what your Lawyer will advise you ok.

HI Sandra, no I have not applied before to adjust status? Looks like you have misunderstood my original question.

Re:submitting (means regarding) I-485 my attorney will not be submitting this for me once my VAWA is approved, I was wondering should I just wait until approval or submit it now. Are there any benefits to submitting them at the same time or am I causing more delay? Thanks

Edited January 21, 2015 by Angel66