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domestic violence

By nkechi in Effects of Major Family Changes on Immigration Benefits

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TabeaK
TabeaK

Are you for real? Here is a spouse who gave up her life to come to the US and sadly found herself married to a scumbag who abused her. Now you wanna punish her more by kicking her out of the country?

Sandra G.
Sandra G.

Join the Thread VAWA part 7. I am appalled when I see victims of domestic of violence telling their stories and people saying "go back to your Country", "fraud", "we know just one side of the story

Eric-Pris
Eric-Pris

I'm gonna go out on a limb and say that she probably wants to find a way to stay in the US.

squareleg Enthusiast

squareleg   69

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

Eric-Pris: Unfortunately, that appears to be the case. I hope USCIS changes this loophole to adjust and granting right to immigration even after the marriage has not worked out. I hope they make it consistent to the employment visa - fired/layoff etc. your visas are cancelled and you return home.

Edited by squareleg
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TabeaK Proficient

TabeaK   517

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

Eric-Pris: Unfortunately, that appears to be the case. I hope USCIS changes this loophole to adjust and granting right to immigration even after the marriage has not worked out. I hope they make it consistent to the employment visa - fired/layoff etc. your visas are cancelled and you return home.

Are you for real? Here is a spouse who gave up her life to come to the US and sadly found herself married to a scumbag who abused her. Now you wanna punish her more by kicking her out of the country? That is classy...

Seriously, it is NOT A LOOPHOLE if they entered the marriage in good faith, that is exactly what the law is supposed to do, protect the immigrant! They are human beings, not cattle to be shipped around how the USC sees fit. If she wants to go home she can. If she wants to stay, she has a legal path of getting there - assuming she can get her hands on her papers.

K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)
ROC Approved: 03/09/2019 (day 425)
Card Received: 03/16/2019  (day 432)
squareleg Enthusiast

squareleg   69

Posted
Filed: Citizen (apr) Timeline
Posted

TabeaK - I disagree. Her original intent to get married in good faith is valid, however, that marriage doesn't exist. She should resume her life in her home country. I assume she would require government and/or state assistance etc. to continue with life here. Why become public charge? Else, rather live a dignified life in the environment and people you know in the home country.

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Penguin_ie Grand Master

Penguin_ie   5,996

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

****** The discussion on the validity of VAWA ends here, this is not your political soap box. Give the Op constructive advice on her questions, or do not post. ******

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

Ban Hammer Grand Master

Ban Hammer   13,514

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

****** The discussion on the validity of VAWA ends here, this is not your political soap box. Give the Op constructive advice on her questions, or do not post. ******

reposting this for those who do not quite get the concept.

either address the op's questions or do not post.

one member thread banned for failing to heed the above warning.

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

TBoneTX Grand Master

TBoneTX   46,071

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

Seven off-topic, bickering posts have been removed.

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(!).

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Chris and ZhiJia Community Regular

Chris and ZhiJia   146

Posted
Filed: Lift. Cond. (pnd) Country: China
 Timeline
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Posted (edited)

She should resume her life in her home country.

What life, Part of this process is abandoning your former life. She resigned her job, left her friends, left her family, she left her former life. She has built a new life here in the USA, it is her right to be able to continue that life, just because she made one wrong decision you want to send her back home. I'm sorry but this isn't the game of Monopoly "go back home, go directly home, do not pass go, ect..." this is real life, and she has every right as much as you do to be in this country.

To the OP, you have started down the correct path, and have received plenty of great advise. The police can help you recover the items and documents that belong to you, and a lawyer can help you with the Divorce process. You are also able to adjust status and remove conditions on your own, The people here barring the one I quoted above are more than willing to assist you through as much of this process as we can.

Edited by Chris and ZhiJia

Click Below to View my timeline (spoiler added to reduce visible space consumption)

 

Timeline to date:

11/11/14 - Met online through eHarmony
11/12/14 - Started communication through email (1-2 emails daily)
12/20/14 - Communicating through Phone Calls and Video Calls
07/04/15 - First Trip to China to visit her (spent time at her home, her hometown, and Beijing), Met the whole family.
07/18/15 - Sadly I had to return back to the US
10/01/15 - I am returning back to China to be with her again
10/11/15 - She will accompany me back on the same flight for 30 days
11/14/15 - She returns back to China
12/01/15 - I-129F Fed-Ex'd to the Lewisville address
12/03/15 - Packet signed for by the receiver
12/07/15 - NOA1 Generated
12/11/15 - NOA1 Received
01/14/15 - NOA2 Generated (Approved)
01/28/16 - NVC Received (Still waiting papers for official date)
01/29/16 - NVC Case# Assigned (Still waiting papers for official date)
02/03/16 - Case Sent to Embassy
02/04/16 - Case Received by Embassy
03/03/16 - Packet 3 Received
03/03/16 - Packet 3 Sent back to Embassy
03/04/16 - DS-160 Fee paid
03/09/16 - Packet 4 Received (Documents were prepared in advance)
04/02/16 - I return to China to provide moral and emotional support as she goes to her Interview on the 5th
04/05/16 - Interview Date (APPROVED!!!)

04/25/16 - POE Dallas Texas (DFW) smooth sailing through customs

04/25/16 - Arrived in Nashville, TN 10pm
04/29/16 - Marriage Certificate received
SSN filed somewhere after this point (exact date is not remembered, received after a 30 minute wait)
11/16/16 - AoS packet mailed (i-485, i-765, i-131)
11/18/16 - AoS packet received
12/06/16 - Check Cashed
02/28/17 - EAD and AP Approved
03/02/17 - NOA2 for EAD and AP Arrived
03/02/17 - EAD/AP Card Arrived
Boiler Grand Master

Boiler   46,059

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

What life, Part of this process is abandoning your former life. She resigned her job, left her friends, left her family, she left her former life. She has built a new life here in the USA, it is her right to be able to continue that life, just because she made one wrong decision you want to send her back home. I'm sorry but this isn't the game of Monopoly "go back home, go directly home, do not pass go, ect..." this is real life, and she has every right as much as you do to be in this country.

She is a Hostel, not sure how that constitutes building a new life?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Ana y Leo Contributor

Ana y Leo   9

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted (edited)

I dont know much about immigration law but theres something im sure to help people stay here if the relationship failed due to domestic violance im just not sure what it is but i heard it maybe a lawyer would know some type of amnesty...

Deportation shouldnt be the only resort....

Best of luck to the OP???

Edited by Ana y Leo

Relationship Milestones?

01/15/2015~~~~1st met in DR

04/10/2015~~~~Our Romance Began?

10/21/2015~~~~Engagement ??❤️

02/11/2016~~~~Second trip to DR 19 wonderful days❤️

04/10/2016~~~~1 Year Anniversary ???

Visa Journey?

03/03/2016~~~~129-F Sent (overnight) Lewisville, TX ?

03/08/2016~~~~NOA-1 Received and sent to Cali Svc Ctr?

03/09/2016~~~~NOA-1 Hardcopy?

 

event.png

Coming Soon⌛️

NOA-2 Decision

Trip to Santo Domingo, DR 05/03/2016 - 05/10/2016✈️?????

 

event.png

Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted

I dont know much about immigration law but theres something im sure to help people stay here if the relationship failed due to domestic violance im just not sure what it is but i heard it maybe a lawyer would know some type of amnesty...

Deportation shouldnt be the only resort....

Best of luck to the OP???

Vawa is what you are looking for

Ana y Leo Contributor

Ana y Leo   9

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

Vawa is what you are looking for

I knew there was something...i hope she gets help with this??

Relationship Milestones?

01/15/2015~~~~1st met in DR

04/10/2015~~~~Our Romance Began?

10/21/2015~~~~Engagement ??❤️

02/11/2016~~~~Second trip to DR 19 wonderful days❤️

04/10/2016~~~~1 Year Anniversary ???

Visa Journey?

03/03/2016~~~~129-F Sent (overnight) Lewisville, TX ?

03/08/2016~~~~NOA-1 Received and sent to Cali Svc Ctr?

03/09/2016~~~~NOA-1 Hardcopy?

 

event.png

Coming Soon⌛️

NOA-2 Decision

Trip to Santo Domingo, DR 05/03/2016 - 05/10/2016✈️?????

 

event.png

Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

Fortunately there are laws in place to protect and benefit you, the immigrant, as it should be, as others have said it's best to consult a lawyer

about the details in your circumstance.

Sorry for the USC ex acting like a tool and I wish you the best for your new start here. (F)

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Ontarkie Grand Master

Ontarkie   14,445

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

~~Another post removed for ignoring multiple mod warnings. 2 post also removed for quoting/responding to removed post. Stick to answering the questions asked or do not post, thread bans will follow.~~

~~member thread banned for ignoring warnings~~

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Sandra G. Veteran

Sandra G.   5,057

Posted
Filed: Other Country: Brazil
 Timeline
  • Popular Post
Posted

Join the Thread VAWA part 7.

I am appalled when I see victims of domestic of violence telling their stories and people saying "go back to your Country", "fraud", "we know just one side of the story". I REALLY urge you to educate yourself about domestic violence and to develop empathy and compassion.Each 9 seconds one person is battered in this Country, in 2015 almost 4.000 people were murdered due domestic violence, and almost 3 million women/men sought care in hospital emergency rooms for violence-related injuries.

Nobody has to hear the other side of the story!. The victim is advised to call the police and to seek a safe place, nothing else! No victim is to blame for any occurrence of domestic abuse or violence,ever!

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

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