VAWA process, help?

[SoleilMoon 0]

Ok so I've been divorced for a year now, I know I have only one year left to apply for adjustment of status through VAWA. I have marriage evidence, as well as abuse evidence, however, I understand I need to provide proof that the abuser is a US citizen, which I don't have. I left him and never looked back, so I didn't take any of his documents with me. It's not easy to obtain a copy of his birth certificate, especially since he was born in NY and we lived in California, where I still reside in.

What I want to know is, what are the chances (if I manage to obtain a copy of his birth certificate and begin the process) of me getting approved and given a GC within a year's time? I've heard that it took over a year for some people to get a green card even if they provided all the evidence and documents required. Any experience with this?

[Ontarkie 14,379]

~~Moved to Effects of Major Family Changes on Immigration Benefits from General Immigration-Related Discussion - As similar topics are discussed here.~~

[Sandra G. 5,057]

It's very confuse your post. You said "I know I have only one year left to apply for adjustment of status through VAWA." it means your Vawa was approved and you got deferred action for 17months and you have one year left to file AOS, is that correct? if it's not then your sentence does not make any sense at all, because aliens apply for AOS through VAWA ,after their VAWA case was approved.But if you filed VAWA you had to prove he is a U.S Citizen.

If you never filed VAWA there is not deadline to file VAWA. VAWA takes 4/6 months to be approved and AOS through VAWA takes 2/4 months to be approved. If the State of NY does not allow a third party to get a copy of the birth certificate his birth certificate,then you should inform USCIS his full name,date and place of birth, and his parents name,if you have his SSN then let them know as well, and you have to ask them to search about his status.

Your chance to have your VAWA approved will depend if you have proof of the abuse and proof of a bonafide marriage.Join the thread VAWA part 6. There are hundreds of victims of DV in the thread.

Edited February 5, 2015 by sandranj

[carguy87 3]

I agree with Sandra it is a bit confusing. And you talk about being being divorced for one year already and having one year left, and you say you will need to prove he is US Citizen and do not have his birth certificate so I'm guessing you have not filed VAWA yet?

If that is the case, then yes, you have one more year to file VAWA if you haven't already since you have been divorced for one year. As you are able to file VAWA up to 2 years of being divorced.

From USCIS website. 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.

I also filed VAWA after being divorced for about a year. For me, and this is not how it always works, as you say you have also heard or people submiting everything, but this was my experience, and many thanks to Sandra on helping me out, So I would listen to her if I was you lol

For me it took about 7 months for VAWA and AOS, check my timeline below, so yes it can take less then one year, but again this is how it went down for me, as I have read of many people who have waited and still waiting months, so I wouldn't count on taking less then one year, When I applied I honestly did not think it would go as fast as it did, but I am glad that it did! It can happen, but again don't count on it and get your hopes up...

[SoleilMoon 0]

I've used the wrong terminology in my post yes, sorry about that; I have not filed for vawa or anything else, I'm just trying to research how this process works to try to figure out if I could or even should go ahead and apply (and I don't even want to seek an attorney as I don't feel like they are very reliable, and also can't afford one anyway).

Sandra, where can I message you a summary of my case so you can tell me what are the odds that I will be approved or denied and if my case is strong enough to apply? Thanks for replying.

[Sandra G. 5,057]

Luna i sent you a pm with my email ok.