VAWA + my rights over dead spouse's belongings

[Hypnos 6,576]

If you have no trustworthy friends and no relatives why would you want to go back there ??

The answer to this question is absolutely none of your business, or that of anyone's other than the OP.

Overstaying a visitor visa is a big NONO and you have to wait till the ban is up

Wrong again; there is a waiver available for this specific set of circumstances.

You may wish to familiarise yourself with the INA, FAM, and other valuable resources before contributing incorrect information.

Edited November 29, 2016 by Hypnos

[mallafri76 1,012]

Being given a work permit ideally renders the drastic need (under abusive circumstances) to depend on others null. This isn't debatable. Anyways I have a case with strong evidence of abuse and they can waiver the 10 year ban accordingly.

I think what Tusabe, and myself and others too I'm sure, is trying to understand is why you have this desperate want to move to the US, where you have no family, no friends, no home, no life? I understand if you were in the US and your husband died, that you'd wanna stay because you've built a life in the US but you're in your home country and have nothing in the US. Anyway, I would expect that question at your interview, if you get there.

[Tusabe 14]

The answer to this question is absolutely none of your business, or that of anyone's other than the OP.

Wrong again; there is a waiver available for this specific set of circumstances.

You may wish to familiarise yourself with the INA, FAM, and other valuable resources before contributing incorrect information.

It's nobody business but who is sharing her life story on a online forum ??

Since when is it ok to over stay a visa doesn't that make people illegal??

But I know nothing right?? Over staying she could of aos but didn't she could of went to a woman shelter for abuse but didn't(so you know waiting for my work permit I volunteer at a shelter in south side and guess how many of those people are illegal hiding from spouses??)

Just because someone files a vawa does NOT mean it will be approved either.

Husband died and it seems she wants some of that pie before mommy dearest gives it all away that's it. If the abuse was so bad why talk about getting back together with him ?? Smells fishy ?????????? but who am I to judge

I think what Tusabe, and myself and others too I'm sure, is trying to understand is why you have this desperate want to move to the US, where you have no family, no friends, no home, no life? I understand if you were in the US and your husband died, that you'd wanna stay because you've built a life in the US but you're in your home country and have nothing in the US. Anyway, I would expect that question at your interview, if you get there.

Thank you

[foralia 1]

I think what Tusabe, and myself and others too I'm sure, is trying to understand is why you have this desperate want to move to the US, where you have no family, no friends, no home, no life? I understand if you were in the US and your husband died, that you'd wanna stay because you've built a life in the US but you're in your home country and have nothing in the US. Anyway, I would expect that question at your interview, if you get there.

Thanks for the heads up. It's true I should expect all sorts of cynical questions at the interview.

[Hypnos 6,576]

I think what Tusabe, and myself and others too I'm sure, is trying to understand is why you have this desperate want to move to the US, where you have no family, no friends, no home, no life

This is none of your business.

The OP is eligible to file for the benefit they are seeking. That's all you need to be concerned with here.

who am I to judge

I strongly urge you to take your own advice. The OP seeks advice on how to proceed. She isn't looking for opinions on her life choices from you, me, or anyone else here.

Following the death of my wife I also had a couple of (stupid) people ask why I world want to stay here instead of returning to the UK. I'm not quite sure what it is about bereavement that makes some people think they are qualified to critique your choices and give unsolicited advice on how to proceed, but such people are always in the background, seemingly waiting for an opportunity to tell you what they think after your world has collapsed around you.

Edited November 29, 2016 by Hypnos

[Tusabe 14]

This is none of your business.

The OP is eligible to file for the benefit they are seeking. That's all you need to be concerned with here.

I strongly urge you to take your own advice. The OP seeks advice on how to proceed. She isn't looking for opinions on her life choices from you, me, or anyone else here.

Following the death of my wife I also had a couple of (stupid) people ask why I world want to stay here instead of returning to the UK. I'm not quite sure what it is about bereavement that makes some people think they are qualified to critique your choices and give unsolicited advice on how to proceed, but such people are always in the background, seemingly waiting for an opportunity to tell you what they think after your world has collapsed around you.

That's different you have a life in America when your wife died.

Miss op had nothing in America no house no job no car nothing where will she live? Or support herself?? That's what your not understanding how can someone leave there family,friends,life to go to a country with nothing.

But whatever it's her life and I won't lose sleep over it I'm too happy with my wife in our house living the perfect perfect life planning our future together with a very loving sweet woman

[Boiler 45,657]

Sounds like he did not have much and VAWA etc will not be quick. So not a solution short term.

[f f 725]

I'm just going to call this as I see it and I'm sorry if I hurt some people feelings. you don't have to answer me but please think of these questions objectively.

you left the country after being in an abusive relationship and were gone for over two years. then when you hear your husband died you are now worried about getting his stuff and coming to the us. how does it look that you decide to file the vawa after he dies since he can not file for you since he is dead.

do you have proof that the marriage was bonofide? not sure if it is needed as filing for a widow but it would raise a huge red flag with me to see if the marriage was not just for a greencard.

[Taaz 6]

​I am going to give the OP the benefit of the doubt here. How do we not know her husband kept her in a literal prison did he use her status against her, deprived her of money, communication from her family, was her needs met? It could have taken that long of time that caused the overstay to finally get the courage to leave, have money for a ticket, or contact with her family. Physical abuse is just small part of Domestic violence and the least damaging compared to verbal, emotional, psychological, religious, financial, sexual, and denying medical care forms of abuse.

​To the OP you have two avenues to return to the states if you have the sufficient evidence as well as any communications from the passed to years to support his abuse or the getting back together be sure to do that. As for your rights as a widow as one person posted you can contact the probate office if you have proof of your marriage. But it sounds like your husband didn't have much in money and also if you could be held liable for his debts if he had any at the time of his death since you are legally his next of kin. What this means is if you come and started to work and if his creditors were in their legal rights time wise they can garnish your wages, put a judgement on your tax returns, or liens on any property you owned in the states. I am trying not to scare you but in probate laws depending on the state all debts are paid first before anything is given as inheritance. Just something for you to research. As for his ashes I know what it is like to want to bury a loved one as you believe they would have wanted. But if you had his ashes it would be at your expense to have him buried either in a plot or a vault and that can be a few hundreds of dollars to over a thousand for a fault. A grave marker would be another few hundred for basic one. That doesn't include the costs to inter his ashes and the urn for them. So you are looking at 1000-2000.00 USD easily to bury him. It might be less or more in different part of the country. So depending on finances you might want to let things be.

​I am sorry about your circumstances and this helps put things into perspective on what route is best for you.

[foralia 1]

Certainly bonafide! got all the evidence to prove it. It's embarrassing but sometimes victims protect their abusers. Imagine the severity of having to legally state to the U.S. government that my beloved husband was actually an abuser. It gets really complicated.

Hypnos, thanks so much for showing respect and sympathy. Yeah it's brutal when people and especially family dismiss your integrity while grieving. My own blood family have blamed me for the abuse I endured. I'm quite jaded on people's cruelty nowadays. It's to be expected and I better prepare for that interview.

This thread has turned out to be more about the spouting of some commenters' own (xenophobic?) agenda irregardless of the case presented.

I wouldn't mind it if this thread got locked. I got many helpful answers. Thank you.

[Villanelle 4,122]

join the VAWA thread in this forum for help please

i asked the mods to close this for you also

[foralia 1]

​I am going to give the OP the benefit of the doubt here. How do we not know her husband kept her in a literal prison did he use her status against her, deprived her of money, communication from her family, was her needs met? It could have taken that long of time that caused the overstay to finally get the courage to leave, have money for a ticket, or contact with her family. Physical abuse is just small part of Domestic violence and the least damaging compared to verbal, emotional, psychological, religious, financial, sexual, and denying medical care forms of abuse.

​To the OP you have two avenues to return to the states if you have the sufficient evidence as well as any communications from the passed to years to support his abuse or the getting back together be sure to do that. As for your rights as a widow as one person posted you can contact the probate office if you have proof of your marriage. But it sounds like your husband didn't have much in money and also if you could be held liable for his debts if he had any at the time of his death since you are legally his next of kin. What this means is if you come and started to work and if his creditors were in their legal rights time wise they can garnish your wages, put a judgement on your tax returns, or liens on any property you owned in the states. I am trying not to scare you but in probate laws depending on the state all debts are paid first before anything is given as inheritance. Just something for you to research. As for his ashes I know what it is like to want to bury a loved one as you believe they would have wanted. But if you had his ashes it would be at your expense to have him buried either in a plot or a vault and that can be a few hundreds of dollars to over a thousand for a fault. A grave marker would be another few hundred for basic one. That doesn't include the costs to inter his ashes and the urn for them. So you are looking at 1000-2000.00 USD easily to bury him. It might be less or more in different part of the country. So depending on finances you might want to let things be.

​I am sorry about your circumstances and this helps put things into perspective on what route is best for you.

Thank you and yes I'm aware there's a list at the government website that details what constitutes abuse in legal terms. I went through "extreme cruelty" by being denied my paperwork filings to obtain a legal status plus a host of other types of abuse.

Yeah I have to organize everything. There's so much and thankfully I have many pertaining documents to prove my case.

I'm aware of the probate laws and thankfully he didn't have any debts. I understand that I will have to pay out of my pocket or arrange through an attorney for his family to sell his things in order to pay for burial fees for example. It could be any given way but the point is that I need to prove to them that I have rights and that they should respect them like or not.

[foralia 1]

 

join the VAWA thread in this forum for help please

i asked the mods to close this for you also

 

Thanks so much!

[TBoneTX 45,497]

Olivia, do join the VAWA thread in this forum. A regular participant there, sandranj, is an attorney who's experienced in VAWA matters, and she can give you at least an idea of what your options are.

Per your wishes, this thread is now closed to further comment. In contrast with most locked threads, you ARE permitted to post a link to it in the VAWA thread for ease of reference.