VAWA, Part 6

[Hypnos 6,576]

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/sec319a012705.pdfis the memo that states VAWA beneficiaries who were married to US citizens can naturalise after three years.

[AnastasiaE 13]

Hey everybody! I'm currently planning to apply for VAWA, but I can't afford a lawyer. Since I don't have a lot of proof of the abuse I wanted to hear what you guys think.

So my story first. I came to the US in may 2012 on J1 for "Work and Travel", met a guy, fell in love & he talked me into staying in the country. We moved in together in September & got married in February 2013. He used to be a drug addict before we met, but I thought he changed. At least I was too dumb to believe him. Every time I would save $ for AOS something would happen and he would take it and spend it all. I believed him at that time, but I know now that he was spending $ on drugs & hookers. My visa expired in September 2012 so I've been out-of-status for over 2 yrs now. He's put his hands on me couple of times, but I never called the cops. Our friends & his fam did see the bruises though. Then about 6 months ago he became really abusive emotionally, but never in public. Once again all of our friends and his family know about it, but only from me. Then he started threatening to divorce me, took all the cash I saved for GC and everything out of our bank account, wouldn't come home for 3 weeks. I didn't even have any food at the house for the whole time and my neighbors would feed me. My sister-in-law picked me up from DC and took me to GA, cuz she didn't want me to be in that environment. It worked out cuz his mom was having a major surgery. The day of her surgery he called and said that I can't come to our apartment anymore and he's not gonna support me financially. He said that to our friends and his family also. I went back to DC to pick up my docs, the locks were changed, I called the cops to get in since I was scared to go there alone. He started taking steroids again and while I was in GA he got even more aggressive, even got into a fight at his job. Anyway, I packed my stuff, took my animals and left. Oh I forgot to mention that the day my sister-in-law left he moved in the girl from his work that he just met 3 weeks before that. When I came back I found all of her stuff & herpes prescriptions in my house. So now I live with his family in Atlanta. He's been calling everybody, making up stories, changing his story and saying that I broke up with him, blaming me for everything and threatening to deport me.

On top of all of that I'm type 1 diabetic and we only got me insulin 1 time in May 2013, after that he stopped caring and wouldn't let me go to the doctor.

So as a proof of the abuse I have:

-tons of affidavits from his family and our friends(some of them known him for 15-20 years), they mostly know everything from my words. Some of them have seen bruises or heard him say that I can't come home and stuff

-affidavits from people who have seen him doing drugs(like weed, coke, adderall, steroids, percocets)

-A1C test results (average sugar levels for the last 3 months as a proof of him not getting me insulin)

-And I have a paper from our leasing office saying that he did change the locks and I came in with the cops

Oh and my friend gave me $1500 to pay for GC, he went and bought a new car with that money, my friend's also writing an affidavit about that.

My husband is a US citizen, I have copies of a couple of leases proving that we lived together, joint bank account, my name on insurance, phone bill, furniture that we were renting.

Do you think it's gonna be enough? He keeps threatening to come here and take my animals away from me, hurt me and "kick me the #### out of this country". I know it takes at least a year, but I need to take care of it ASAP so he doesn't know where I am and can't hurt me or my girls anymore.

Edited January 23, 2015 by AnastasiaE

[Angel66 4]

Damara, I don't mean to be disrespectful but I think you have taken this all out of proportion. I was not disputing anything Sandra said, I thanked her for her offer to assist me with my AOS, So why you felt the need to go into such a long explanation I really am not sure.

For the record I know how to handle my business re: my ex-husband and what makes you think I do not know my self-worth? I've worked with sufferers of domestic violence for years as a Social Worker in the UK so I am fully aware of the implications and processes victims endure. However, when the shoes is on the other foot it can be hard at times taking your own advise. I've ensured my ex-husband does not know where I live and I am one of the fortunate ones who has been able to secure my own accommodation away from him.

Re: INS, yes USCIS, I'm just reporting back what the lady told me. I gave them all the relevant documents you mentioned, I know everything what you have said, I was just asking how I go about accessing help as the left hand don't know what the right hand is doing.

I know VAWA is confidential, I was just advising what I was told to do and my experience with the system so far.

My attorney offered here service FREE of charge for the VAWA and that is it. I hope that answers your question. I found it strange to but there you go.

[Sandra G. 5,043]

ANASTASIAE it seems you have a Vawa case, but I suggest you to attend 4/5 therapy sessions and have a psychological evaluation done.Try to find a place offering low cost therapy or free counseling.You have a lot of people to give you affidavits about the physical violence,but you do not have a police report about the violence,the police report you have is regarding to take your stuff of the house,therefore having a psychological done is advised.

You are living with his parents, I am not sure if you should trust them,it's something you have to think about it.Today everything is fine,they are kind having you in their house, but imagine tomorrow or in a few days/weeks the relationship between you and his parents goes downhill, I bet they will tell his son about your VAWA, and you can be in great danger.Do you have copy of your husband passport or birth certificate? you will need that ok.If you need help I can help with your VAWA, but i can't start without you having a psychological evaluation done.

[AnastasiaE 13]

Hi Sandra! Thank you for your advice, I will try to find a low cost therapy. If you would help me, that would be awesome. Can you give me your email so once I have the physiological evaluation done I can email it to you along with my personal statement.

Yes, I do have copy of his birth certificate and copies of all the documents showing that we had a life together and our marriage was bona fide.

I trust his family 100%. I'm currently living with his brother and my sister-in-law and babysitting my nephews. They never really got along with my husband and in 2 years I've known them we became really close and they don't even talk to Kevin. His mom lives 20 min away and she, though she loves him, is done helping him. He put her in danger with all the drugs in her house multiple times + she was left by 2 of her husbands and knows how hard it is. As sad as it sounds his family and his oldest friends don't like him and absolutely adore me, so I know I'm safe. When he just disappeared for 3 weeks they all sat down and talked about how they can't leave me and that they are going to do whatever it takes to help me get my life straight. If not with husband, I got really lucky with his friends and family!

[Sandra G. 5,043]

Angel 66 I contacted in Washington the Department of Health and SOcial Services and they confirmed that your State does not provide Medicaid if the alien is not a resident permanent of the USA for 5years and FLorida does not treat different DV victims,that being said your State sucks.

[Angel66 4]

Sandra, thank you very much for going out of your way, really appreciate it. Yep Florida sure does suck, now you no why I'm so frustrated here. Lol. I recently got divorced and I moved due to wanting to escape my husband. I want to court for the hearing cos I didn't trust him. Anyway, I had held off for the longest time to answer the petition but finally met with the server at my old address. So whilst in court, the judge asked me to swear under oath my address. My husband had never been privy to this info. She wrote my address down and my husband mentioned he has never known my address as I have withheld it from him.

After the hearing I ask the judge if they need to print my address on the document as I don't want him having it. She said I would need to inform the clerks office and she gave me a change of address form. So I go to clerks office who say they cannot guarantee my address will not be disclosed. They said only way is if I have injunction or court proceedings re:DV. I ask to speak with manager who confirmed same thing. So I left without filling it in.

So I contacted my DV worker and she said I could use the DV's PO box address. So we went done a change of address got it notoraized and thought all was good. Do you know what they did?

God was on my side. They sent my husbands divorce papers address to my address. His name and my address on the envelop. I've had such a run around trying to get them to amend it. The magistrates admin said the judge said my husband change his address under oath and that was the address he gave. On the document wAs my new address not the PO box I had given. So had my husband gone to the court for a copy he would now know where I live.

I told the assistant manager to tell the magistrate to go back over the recording, she will verify I gave her my address under oath and said I didn't want him having it due to the abuse I had endured from him.

The magistrates assistant as assured me that the PO box is now the address on the paperwork and that my official address is blacked out on the screen if anyone enquires.

[Angel66 4]

I have been asked for further info. I've applied to UK for police check and copy of divorce. My attorney original photocopied all my documents and returned originals to me. I asked if I should scan the documents USCIS require yo her. She has said I need to send her the originals as they will require them. I'm sure on the site it says do not send in originals. Can someone comment please. If they have RFE is it or originals I send in thanks

[Sandra G. 5,043]

Angel you must submit the ORIGINAL Police Clearance, the divorce decree you can submit a copy.You will show the original birth certificate,marriage certificate,divorce decree,valid passport when you go to attend the AOS interview.

Edited January 23, 2015 by sandranj

[Angel66 4]

Thanks

[justiceseeker 1]

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/sec319a012705.pdfis the memo that states VAWA beneficiaries who were married to US citizens can naturalise after three years.

Thanks for sharing.This file is 2005.May be there are some changes.Do u have any more recent documents?Also Under what category we apply for naturalization?We are not married nor work Visa category so which category we apply under?

Thanks again.

[Hypnos 6,576]

I don't think there is a more recent memo.

If you obtained your green card through VAWA and were married to a US citizen then you are eligible to naturalise after three years.

[justiceseeker 1]

Hello everyone, just wanted to say that I just got my permanent resident card in. I am super excited and glad that everything worked out a lot sooner then I had expected Once again thank you Sandra for all the help I received from you, don't think can ever thank you enough lol

Congrats..welcome to the club of people looking forward for naturalization..keep green card clean for that day.I hope every one get a green card veryyyyy soon.

My advice is first thing to update ur SS card then ur driver license if u need to...

congrats again

[blest.but.strest 50]

Hey Sandranj or Hypnos or anybody with knowledge on this topic, I would like to get more information about the FBI name check. I have learned that it can significantly slow down the processing of a case. I need information such as, when is the FBI name check performed? before I-360 adjudication or after? Before I-485 interview or after? how many times is the FBI name check performed?

FYI I have an approved I-360 for 7 months and attached to it, I have a pending I-485 that was filed years ago, before Vawa, based on marriage to a USC. Since my Vawa approval, my file as not been transferred to NBC or to my local office. No movement at all, I am wondering if FBI name check could be the reason why?

Also keep in mind that I have read this already---> http://www.visajourney.com/forums/topic/93035-i-485-fbi-name-check-information/

I have contacted my county's congressman but they did not get any precise info from VSC concerning my case, just that it is pending.

Thanks to sandranj's information and help, contacting the Ombudsman will be my next step.

[Hypnos 6,576]

The Ombudsman is probably a good first step, if contacting one of your congressional representatives didn't get you anywhere.

What is your country of origin?