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Chachap

Was my marriage too short,can this affect my vawa case

By Chachap in Effects of Major Family Changes on Immigration Benefits

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Chachap Rookie

Chachap   1

Posted
Filed: AOS (pnd) Country: Kenya
 Timeline
Posted

Hey,is there anyone who knows a person who has been approved vawa or green card when their marriage only lasted 3 months or less? Iam getting a divorce and filling my own petition after getting out of a domestic violence relationship.I have just gone through alot and i have the prove thats needed but lacks joint assets besides car insurance.I never got to work and my husband took my work authorization so we never even bought any property together.Anyway,my biggest worry is the fact that i was only married for 3 months,i could not stay longer the abusive got worse and my husband completely refused to get counselling help.I am just lost,anyone who knows if the period i was married would affect my case let me know.

Alaska2012 Proficient

Alaska2012   462

Posted
Filed: Citizen (apr) Country: Sweden
 Timeline
Posted

The length of the marriage shouldn't matter if you have sufficient evidence

Noa 1 August 15th 2011
Noa 2 March 2nd

NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30

Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!
POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

Penguin_ie Grand Master

Penguin_ie   5,996

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

***** Moving from ROC to Effects of Major Changes forum as our VAWA experts are there *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Alaska2012 Proficient

Alaska2012   462

Posted
Filed: Citizen (apr) Country: Sweden
 Timeline
Posted

Penguin moved it for you...

Noa 1 August 15th 2011
Noa 2 March 2nd

NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30

Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!
POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

JayJayH Proficient

JayJayH   546

Posted
Filed: Lift. Cond. (apr) Country: South Korea
 Timeline
Posted (edited)

The length of the marriage (technically) does not matter. What matters when filing for ROC with a "VAWA waiver" is:

1. The marriage was entered into in good faith, and

2. You were subjected to extreme cruelty/domestic violence/battery etc.

The problem in most VAWA cases is proving #1 and particularly #2.

Do you have any evidence to show that you were subjected to extreme cruelty/demostic violence/battery etc.?

Edited by JayJayH
NikLR Grand Master

NikLR   13,231

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

The length of the marriage (technically) does not matter. What matters when filing for ROC with a "VAWA waiver" is:

1. The marriage was entered into in good faith, and

2. You were subjected to extreme cruelty/domestic violence/battery etc.

The problem in most VAWA cases is proving #1 and particularly #2.

Do you have any evidence to show that you were subjected to extreme cruelty/demostic violence/battery etc.?

OP is not removing conditions. OP is adjusting status.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

IcezMan_IcezLady Proficient

IcezMan_IcezLady   582

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
 Timeline
Posted

You just need good and valid evidence to support your case.

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

VAWA applicants are still required to show they entered into a bona fide marriage in good faith. Their I-360 cannot be approved otherwise.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Eric-Pris Experienced

Eric-Pris   1,607

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted

You first thought should be about getting away from the abuse. Once you have done that, then you can worry about the green card. If they don't approve you due to evidence of bona fide marriage or evidence of abuse, you will have to go back to your country. But either way, you are free from the abuser which is most important. Immigration should be a distant second, unless that was the main goal.

TBoneTX Grand Master

TBoneTX   45,865

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Good for you.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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