VAWA, Part 6

[blest.but.strest 50]

Thank you, Dodgertown and Sandra.

Dodgertown - I will be trying the 3am trick for sure! I am told that the appointment is likely to be a month out anyway, which would be 5 months. Maybe they have their servers or some such in Cali and they update at their midnight?

Sandra - thank you for letting me know that some EADs have been taking 4 months recently, as it is 4 months with mine this Thursday, and the processing time is still listed as only 3 months.

You are welcome, there were appointments available at the Miami office for next week just this morning on the infopass website, but normally, 99% of the time, the available appointments are exactly 2 weeks later.

[Sandra G. 5,052]

another-anxious1 there is no problem inquiring Vawa Unit about your I-765 or about VAWA, but it's advised to wait 3 months to inquire about the work permit, and 5 months to inquire about VAWA. ALL inquiries must be mailed to VAWA Unit,they do not give information over the phone.

You should ask to expedite your work permit,if you need help with the letter let me know ok

[another_anxious_1 0]

Sandra - yes, please, very kind of you to offer, a sample would be much appreciated. I want to make sure that I don't come of as rude or entitled.

Blest.but.strest - shoot, missed that! Nothing there now, but I did stumble across an appointment for June 30th in Kendall, which is close enough. I will go there if nothing happens with EAD by then.

[Youngseattle 0]

Hi guys:

I applied vawa in Feb 2011 but denied in Oct 2013, I didnot appealed. after that I seeked help from LA attorney, she told me I have no enough evidences for my vawa, in order to win my case, I need found at least two witnesses, but I cannot find one, I wrote letter to my wedding pastor and my best friends, they sympathied me but donot know what happened in my family. although I still married with my wife for 6 yrs, but I cannot go back the state since 2011, I lived in Auckland New Zealand now, the attorney fee for my case is 8000 dollars for I-601 advanced parole,which is still need my wife's signature on it. so it is a weird circle, my wife is drug addicted, my mother-in-law want to squeeze me for money, how come they will help me come back the state? confused......

[Youngseattle 0]

I still remember the day when I received my Vawa denied notice in oct 2013, I barely ate anything for the first few days. after that I realized that is not the end of the world. so life continued. LA attorney said I overstayed my student visa over one year, I came to the state as a Phd student in 2006, but I married my US citizen wife in 2009, why that doesnot account anything?now my wife's US birth certificate and my US non-criminal record is still in attorney's office, they cannot do nothing, re-applied vawa no enough evidence, waiting for my wife's signature on my I-601 form is endless waiting. so far only my wedding pastor said I am a good guy, she can give me a good reference,my past 5 yrs life in the state still came to my dream, I think I will choose hawaii to live if I got my US immigration status, if that really happened one day. God is the life, the way and the truth.

[blest.but.strest 50]

I still remember the day when I received my Vawa denied notice in oct 2013, I barely ate anything for the first few days. after that I realized that is not the end of the world. so life continued. LA attorney said I overstayed my student visa over one year, I came to the state as a Phd student in 2006, but I married my US citizen wife in 2009, why that doesnot account anything?now my wife's US birth certificate and my US non-criminal record is still in attorney's office, they cannot do nothing, re-applied vawa no enough evidence, waiting for my wife's signature on my I-601 form is endless waiting. so far only my wedding pastor said I am a good guy, she can give me a good reference,my past 5 yrs life in the state still came to my dream, I think I will choose hawaii to live if I got my US immigration status, if that really happened one day. God is the life, the way and the truth.

Thanks for your story, do you have an actual question for VJ members to help you with?

[Hypnos 6,577]

Without documented proof of abuse (medical reports, therapy reports, police reports, etc.) then you will not be able to successfully file through VAWA.

[Annie123 6]

Hello guys, hope you're all doing well.

Just a quick question about the VAWA process - I have a pending I-485 (got to the US on a k1 visa) and am planning on asking USCIS to put my application on hold while I'm preparing to file I-360. I have a valid EAD now and I'm just wondering if putting my AOS on hold would mean that I'd lose my EAD or would USCIS let me keep it? Also, if my I-485 is on hold and my husband withdraws his I-864, will USCIS revoke my EAD? This is really important as I really need to work to be able to support myself and I want to do everything the right/legal way.

Thank you!

[Youngseattle 0]

thanks guys, I am not in the state, am I still qualified for Vawa or not? I have medical record, but no police reports, Vawa is all about evidence. thanks

[Hypnos 6,577]

yiyang, you can apply for VAWA from outside the US if you can show that you departed the US as a direct result of the abuse you suffered. You would also still need evidence of the abuse, as I stated above. In addition, you only remain eligible to file for VAWA during your marriage or within two years of your divorce.

[Youngseattle 0]

thanks Hypnos, I still married with my wife since 2009, maybe just do it for my kids. I will collect more abused evidences and redo my vawa. my wife got two DUI cases, if she can quit her drug habit, she can stay her normal life. my mother-in-law and all her family members knew my wife's drug habit, they called her trouble maker, but they donot want to help me to against my wife. so far all my wife's family members refused to give her any money due to her drug habit, so do I. she still not yet quit drug since I left seattle in 2011, she is the victim of drug too.

[blest.but.strest 50]

...putting my AOS on hold would mean that I'd lose my EAD or would USCIS let me keep it? Also, if my I-485 is on hold and my husband withdraws his I-864, will USCIS revoke my EAD?

If your husband withdraws the I-864, your pending I-130 and I-485 will eventually be denied thus voiding your EAD.

If you tell USCIS to hold your current I-485 until VSC adjudicates your I-360, and they accept to do so, your I-485 will remain pending and your EAD will still be valid until its expiration date. Once it expires you will have to file for renewal.

Edited June 17, 2015 by blest.but.strest

[Sandra G. 5,052]

YIYANG are you the Seattle guy aren't you? man you disappeared from here.You posted in the Vawa thread several times, but i remember you posting when you filed VAWA that you wanted to reconcile with her, you wanted her to have treatment for her drug addiction,not sure how you handled your case or even if you said these things to the Immigration,what is a no no. USCIS does not care about her drug addiction.

She will not quit her drug addiction if she does not want, in order for someone to seek help they have to want first, period,and it seems she does not want at all.Nobody will force her to enter rehab for drug abuse ,and it seems you are still concern about her.

You said "I am waiting for my wife's signature on my I-601 form" , are you kidding right? why did you file a waiver of grounds of inadmissibility? it does not make sense at all,since she is not sponsoring you for IR1 visa, and the alien signs the I-601 not the spouse.

Edited June 17, 2015 by sandranj

[smferguson16 2]

Hello all,

I am new here and was directed to this forum via another post. I have a strange situation and it's slightly opposite of what this thread is intending. But I am wondering:

Are any of you by chance the USC of a foreign husband who was physically abusive, who is now trying to use a conditional residency to gain permanent residency through our marriage? I know it's a long shot but I am just lost right now!

[Youngseattle 0]

Thanks sandranj, I do remember you, you said you want to meet those vawa victims in New York central park before, I think at that time, it is vawa part4, now it is vawa part6, so good to see U guys again. I am still in Auckland stay with my parents, work as lecture in Auckland university and got a house mortgage, after I received my Vawa denied news from ombudsman office in Oct 2013, I quit food for a while, but soon come back to my regular food routine, 3 times a day. Now US is going to do reelection, hopefully I can get some good luck, so I want to retry my vawa, maybe just take a chance.I never do my I-601, just paid LA attorney 250 dollars consultant fee, what they said is I need two qualified vawa witnesses if I redo my vawa or just wait for my wife quit drug and sign my I-601/i-130, so far I only got one sentence from my wife, after I told her my denied story, she said it has been two years, where have U been? I guess I cannot use normal people's logical thinking mind to mimic my wife's random drug head. I know I have no chance to wait her sign any paper for me, she is still on her one way ticket to paradise somewhere. so far my wedding pastor will give me her reference letter to show my good moral standard, so do my mentor and my wedding witness' reference letter soon. I have prescription medical record from seattle mental health doctor and psychology test report from Seattle therapy, also some letters exchange between me and my wife, she said she love me, I love her before, now no contact whatsoever, my wife got DUI twice in Seattle, I have no criminal record, but I have no police report, hopefully next year when VSC saw my case, they will wonder why this guy keep coming back after married with US citizen 7 yrs next year, ironically that is my first christian marriage.