Adjusting from visitor visa (pending application) now need DV waiver

[merc0230 28]

Hi Everyone,

Looks like we are hitting all the hot topics here on VJ.

My sister in law is in the process of doing an AOS from B2, unfortunately an argument turned violent over the weekend and her new husband was arrested.

She has already overstayed her B2 visa, but her AOS is pending (Bio is scheduled for 1/25/16).

Is she toast? I understand there are divorce waivers, especially considering the DV arrest, but she has only been married for a couple of months.

If she does leave now, does she lose her B2 visa due to the overstay?

Thanks!

[Penguin_ie 5,996]

***** Moving from AOS from Tourist Visa to Effects of Major changes, as our DV experts answer there *****

[Transborderwife 4,666]

One would think that vawa is possible

[merc0230 28]

One would think that vawa is possible

Thanks, I assumed so...but you know what they say about assuming.

[Jawaree 718]

Vawa is probably available but since she recently arrived on tourist visa

could she be denied....anyone....just asking....this is not a statement

[Villanelle 4,122]

VAWA is available for those who came on B2.

For VAWA you need a few things-

relationship with abuser (marriage in this case) Abuser must be a LPR or citizen

abuse must have occurred in US- applicant can apply outside of US but abuse must have occurred in US

proof you resided with the abuser

proof of battery or extreme cruelty

marriage in good faith

good moral character

So the issue of adjusting from a B2 would fall into the marriage in good faith heading. Theres that 30-60-90 day 'rule' that is often dispelled on VJ. It basically states if you attempt to adjust under 30 days from arriving as a tourist they can look suspiciously on it. 60 days they may look suspiciously on it, 90 days and they cant.

Generally most people on here say its nonsense. May or can are loose terms referring to a possible red flag but its nothing that ensures a denial by any means. Also the fact that she has been married a short time has no impact on VAWA approval or eligibility.

I would encourage the OP to have her sister in law create an account and join the VAWA thread. It contains tons of helpful info and links and provides support during the difficult process.

[merc0230 28]

VAWA is available for those who came on B2.

For VAWA you need a few things-

relationship with abuser (marriage in this case) Abuser must be a LPR or citizen

abuse must have occurred in US- applicant can apply outside of US but abuse must have occurred in US

proof you resided with the abuser

proof of battery or extreme cruelty

marriage in good faith

good moral character

So the issue of adjusting from a B2 would fall into the marriage in good faith heading. Theres that 30-60-90 day 'rule' that is often dispelled on VJ. It basically states if you attempt to adjust under 30 days from arriving as a tourist they can look suspiciously on it. 60 days they may look suspiciously on it, 90 days and they cant.

Generally most people on here say its nonsense. May or can are loose terms referring to a possible red flag but its nothing that ensures a denial by any means. Also the fact that she has been married a short time has no impact on VAWA approval or eligibility.

I would encourage the OP to have her sister in law create an account and join the VAWA thread. It contains tons of helpful info and links and provides support during the difficult process.

Thanks for the reply Damara. My sister in law now has her own account and is on the VAWA thread. The help from everyone, but especially Sandra has been great!

This thread can be closed, we have all the info needed.

[TBoneTX 45,865]

Thread closed at OP's request.