VAWA, Part 7

[Skazzka 6]

Oh good, mine just says it was transferred to another office (NBC) for adjudication end of November. But I think mine should have been already transferred to local office.

[Molina_vp 0]

Hello everyone! Ive been reading some threads here and I hope I'm posting on the right one. I currently have a permanent residence with 2 years condition. My husband made the petition at the end of 2013 and I got my petition approved on June 4th 2014. The relationship with my husband was perfect at the beginning but through the years he started getting aggressive with me, until one day on February 2014 (before my interview) we got into an argument, he hit me (again) and I felt I couldn't take it anymore so I called the cops and he was arrested. Since he was already on probation he wasn't able to post a bond. I didn't press charges because i felt bad for him i didnt want him to stay in jail. Also, I was scared of what could happen since I was waiting for my interview , but the state took over the case and he got sentenced. After he got out of jail we decided to fix our relationship, he took anger management classes and i decided to give him another opportunity. I loved him and wanted him to change so I started focusing on making our marriage work and on us going back to school. To make the story short, we went to our interview on June 2014 and my case was approved, soon after that we got into several arguments and instead of hitting me this time he decided to cancel every account we had under both names because he knew that's what I would need in a future. Time passed, we still had arguments, he hit me a few more times, he would leave to his parents house for days and then come back and apologize, And then repeat that again and again. Until September 2015 that he got arrested for violating his probation (again). Then another nightmare started because sometimes I wasn't able to buy everything he asked for, so he would get mad and call to insult me. I tried my best to be there for him but it was really hard for me to pay all our bills and rent on my own and also buy everything he asked me for. He didn't want to understand that, and every time he was mad he would take me off the visitation list or just stop calling me. It really hurt me that he was acting like that with me because I loved him and I wanted to be there for him. But things got worst until one day he called for the last time. It was in the middle of January when he called saying that he had been sentenced for one year and that it was my fault he was there because the 1st time he violated his probation was the day I called the cops on him, and to forget about keepimg my residence because he wasn't going to sign any document. Two weeks ago i got a letter from the USCIS reminding me that I have to apply for the removal of condition 90 days before the expiration of my residence card which is March 4th. I was already depressed for how he was acting with me, but after a few days i realized that I was on this alone and that need to focus on myself now. I can't afford a lawyer so I was reading a lot online and decided to file with the domestic abuse waiver. Ive been collecting documents and all I have so far is these

- medical insurance bills

- FPL bills

- 1040 forms (2013 and 2014)

- police records from the time he got charged with domestic violence

- some picture of the bruises he left me with during our arguments

- 2 letters from friends

- pictures

We don't have a joint bank account or phone bill because he canceled them right after our interview on 2014. I don't know if I should send the old statements aND bills.

Also, the domestic violence charge is from February 2014 before my interview so I don't know if it still counts as proof.

I don't know what other documents I could send. I'm running out of time and I feel so overwhelmed. I still can't believe hes doing this to me..

Id really appreciate any advice or suggestions. Thanks

[Villanelle 4,122]

Jesse if I am reading correctly you have a 2 year GC and its going to expire in June 16. That makes your 90 day window open March. You are in the right place- this thread talks about both VAWA (360) for the actual GC and filing ROC- removal of conditions (751) with the abuse waiver. You may also benefit from making a posting in the Effects forum as not all users participate in the VAWA thread. You may get additional advice.

Anyways- you have to file SOMETHING in the 90 day window. If you dont your card will expire. So heres the basic advice. Its not going to be a joint application. Thats fine. Your choices are then abuse waiver tic box or divorce tic box. For either waiver you NEED to prove bonafide marriage requirements. For divorce you also need proof of the final divorce. Its okay if you dont have it when you file but you need it to be approved at the end. For abuse you would need to prove the abuse similar to how a normal VAWA applicant would.

Another thing to consider is if you file with abuse they can sometimes allow your bonafide evidence to be lacking if it is lacking due to the abuse. Very much what you described- accounts being closed as a form of control etc. So you need to evaluate what you have as bonafide evidences. If you have enough then the safe way to file is with divorce only because you then only need the divorce and the bonafides. If you are lacking evidence in that category you would benefit from filing under abuse to explain that but you would need proof of the abuse.

Its only recommended to file under abuse if you need to. Otherwise its another hoop to jump through that can cause a denial. Your abuse documentation should be sufficient however. You have proof of physical violence and court documents with a conviction. So that will meet the abuse burden. You will have to write a affidavit explaining the abuse and how it impacted you as well as how it impacted the lack of commingling finances and bonafides. Physical abuse (which you have documented) does not automatically imply other abuse (extreme cruelty).

Here is a worksheet on exploring extreme cruelty. It should help you in writing a statement. http://www.nifvi.org/pdf/ShowingExtremeCrueltyVAWAI-751WaiverApp.pdf

You will want to send in ALL documents you have, even outdated explaining what happened. You may also want to search for a pro bono or reduced cost attny to help you file. Links were provided in this thread for those kinds of services.

[Sandra G. 5,056]

He was arrested because he battered you,then get a copy of the police report and file l751 waiver. You need to seek some therapy asap for yourself. It wasn't your fault the abuse suffered,but to reconciled with the abuser after all abuse inflicted upon you shows clearly that you need help.

[Sandra G. 5,056]

One girl here for VJ came to the USA with a fiancee visa (K1) she was abused and separated. She filed VAWA, but her VAWA is still pending. USCIS scheduled the adjustment of status interview because she filed AOS when she was still living with her husband.I told her to go to the interview and ask the officer to put on hold her AOS until final adjudication of the VAWA petition. She went alone to the interview, the officer didn't even mention the word VAWA, he approved her case based on bonafide marriage considering the AOS she filed when she was living with her husband, she got the conditional GC valid for 2 years, instead the permanent GC. It's an unusual situation, but they decided to approve the AOS based on her marriage.

Edited February 22, 2016 by sandranj

[Merrytooth 5,748]

One girl here for VJ came to the USA with a fiancee visa (K1) she was abused and separated. She filed VAWA, but her VAWA is still pending. USCIS scheduled the adjustment of status interview because she filed AOS when she was still living with her husband.I told her to go to the interview and ask the officer to put on hold her AOS until final adjudication of the VAWA petition. She went alone to the interview, the officer didn't even mention the word VAWA, he approved her case based on bonafide marriage considering the AOS she filed when she was living with her husband, she got the conditional GC valid for 2 years, instead the permanent GC. It's an unusual situation, but they decided to approve the AOS based on her marriage.

The USC did not pull the I-864?

Will it be a problem for ROC later, if she divorce after getting the GC?

[Sandra G. 5,056]

He didn't pull the I-864. She won't have any problem after the divorce to file ROC. The officer knew she was separated.

The officer didn't mention about the VAWA but he said It seems you went through a lot. She submitted a letter prior to the interview asking to put the AOS on hold because she filed VAWA, but I advised her to attend the interview anyway, the officer knew she filed VAWA.

[Lina3 0]

Hi, this is the first time that I am writing here. I am going through a very difficult situation and I need some help and advice on what I can do. I have been been married to my husband for 4 years dated previously for 4 years so we have been together for a total of 8 years together. I was brought to the USA when I was 3yrs old by my parents, I had been here straight illegal, until finally DACA was passed. Once DACA passed I applied for DACA since I met all qualifications, I received DACA and I am a DACA holder.

My husband and I have an age difference of 10yrs when we first met I was 21yrs old and he was 31yrs old. At the time I was working in a clothing store and he was and still is an Airline Pilot. We dated for about 5 months an got engaged and moved in right away. We got married 4years later and have been together already for 8 yrs. Since the very beginning of our relationship he has been verbally abusive towards me, but has gotten worse when we got married. He has never really physically abused other then the fact that he has pushed me around and sometime has pushed me into furniture where I have gotten bruises from hitting the furniture, I have pictures of the bruises. He constantly insults me calls me horrible name and racial names as well, very bad racist names (my husband is white and I am Mexican) he screams and yells at me most of the time, he has punch holes in the wall, has broken things in the house, and has thrown things at me. There has been times that when we are eating at the house and we get into arguments and he gets mad, he has thrown drinks at me at my face, he has spit at me and has degraded me. I have audio recordings of him screaming, yelling, breaking things, calling me all sorts of bad name in recordings. He eventually found out that I was recording him so everytime we argue or he would get mad now, he would check my phone and iPads to make sure I am not recording him. I have never ever had anyone treat me like this. Every time I go home from work (I now work at a hospital as a phlebotomist) I get so nervous and get some sort of anxiety, it's like I am scared of going home. I had never called the police on him because I am scared and also because I know the minute I call the police on him it will get recorded in his record and it will affect his job. He could possibly lose is job, because United pilots are held to high standards. We finally filed AOS (I-130 and I-485) with priority date of last June 29, 2015 and I still haven't recieved and interview date yet. Last update from USCIS was that as of August 25th 2015 my case is ready to be schedule for an interview, I still haven't received my interview date. My husband also threatens me of canceling and withdrawing his I-130 so I can get deported, but I know I can't get deported because I have DACA. Please somebody help me, what can I do, can I file VAWA without any police reports? Thank you.

[Oti 1]

Lina3 am sorry for what u have been going through. I have also been there.seek help in women shelters don't stay there with him. Dont let him know where u r!! And also I think you can schudule appointment and talk to them tell them to hold your AOS as now you will be filling VAWA. What I can say u do have a VAWA case just one thing though if u choose to go through the VAWA process don't let your husband know!! For what I can tell he will outsmart u! And make the process difficult. My advice to u start collecting all your evidence of you staying together for example all the bills that has your names on it, your joint bank statements, insurance papers, pictures, and evidence for the abuse, the recordings and other staffs. Please seek counseling it's free !

[Sandra G. 5,056]

Lina attend therapy for a while and get a psychological evaluation to submit with Vawa.

You hsve deferred action because of DACA, you won't be deported, but at least file VAWA.LEAVE him asap,you deserve better.

[oreoluwa01 4]

Hi everyone. I have a quetsion. Will divorcing base on extreme cruelty have effect on a vawa case? Also where do people get free counseling? I wish I had that. I am Having to pay a clinical psychologist 100 dollars per session.

Edited February 24, 2016 by oreoluwa01

[Lina3 0]

I need some help, my husband found out that I am trying to file vawa. He is a very smart man and the reason he found out was because I made some calls to a few psychologist and since we have iPhones and every product in our house is an Apple product, well, he can see who I call, text or do. So when I made these calls on my iPhone it got registered on my MAC laptop and iPad. So he went and googled those numbers and he also called. So he found out that these psychologist deal with vawa for battered women. He has been recording me these past 2 days got out of control and is now threatening me that he is going to cancel the I-130 and the I-485 and that he will call immigration so that I can't even try to file vawa. He says that I'm using him for green card and now that he found out that I'm trying to leave him and that I'm trying to file vawa, he will do whatever he can do I never get a green card. He said I will never get a GC through him and especially I will never get a GC through vawa because of him. I'm scared, very scared. I will be leaving this weekend. I have a co-worker who will let me stay at her house in the mean time. PLEASE, what can I do and what could possibly happen now???? I have all documents except puschological evalution, I have an appointment on the 3rd of March now. So that's the only thing missing. Please please, I need some help and advice. I am scared of what can happen now, my husband is very smart man.

[Lina3 0]

Should I summit vawa with all documents except psychological evaluation and wait for the to send and RFE???

[Sandra G. 5,056]

Lima 3 is not wise to submit the papers without the evaluation. I sugest you go to a shelter for victims of domestic violence TODAY.Stying in your house is very dangerous at this point.

Uscis won't care about what he says regarding Vawa.Attend minimum 5 therapy sessions before having the psychological evaluation done.Many people here the husbands/wives caneceled the I864. It`s not a big deal,you can file VAWA regardless if he cancels his sponsorship.I would leave today,he can call the cops on you and made false alegations, if you are arrested yoyr case will be very complicated. LEAVE TODAY! WITHOUT telling him. Get a copy of his birth certificate or copy of his passport,and copy of all documents you submit to USCIS along with the AOS petition.

[Rebirth 1]

Hi Everyone.

I received my NOA for VAWA Petition. I filed 912 for fee waiver and explained my health condition and included a personal letter on my finances/household expenses.

I received the receipt for 360/765/485 and It says "Fee Waived", but doesn't say $0 or anything like that. Does it mean that my fee waiver request was granted?

Just curious. Thanks.