VAWA, Part 8

[Sandra G. 5,057]

4 hours ago, vawaprotectant said:

Hi @sandranj Does this also apply for those who were granted witholding of removal prior to the marriage? I only filed I-360 with Vermont and then when approved plan on filing motion to reopen and then file my I-485 with court/judge

 

 

2

 

 

 

 If your got married when you were in removal then you need to ask for an exemption.  Your case was “withheld” because the  Court believed you might face persecution in your Country. I do not handle cases of Withholding of Removal then you should see an attorney to make sure if you need an exemption or not.

 

 

Edited May 11, 2017 by sandranj

[Sandra G. 5,057]

VAWA protectant The Law states anyone ordered removal under section 240 is inadmissible. You were ordered removal but the Court decided to withheld your removal, then I believe you need the bonafide marriage exemption, but as I mentioned before you should consult an attorney specialized in removal proceedings.

[vawaprotectant 4]

20 minutes ago, sandranj said:

VAWA protectant The Law states anyone ordered removal under section 240 is inadmissible. You were ordered removal but the Court decided to withheld your removal, then I believe you need the bonafide marriage exemption, but as I mentioned before you should consult an attorney specialized in removal proceedings.

Thanks Sandra for your response. Is this something that Vermont will want and send a RFE for it. I applied in August 2016 and got prima facie. No RFE yet? Is it a form I fill out?

[Greenspirit 1]

5 hours ago, Tortmaster said:

Greenspirit if you dont mind could you share how you ended up in removal proceedings? Did ICE just come to your door? Anyone else who is/has been in removal proceedings please share if you dont mind, thank you.

They came to my door yes , i overstayed my visa . I guess ur wondering if there was any criminal charges involved , the answer is no . 

[Sandra G. 5,057]

4 hours ago, Iraaaa said:

Hi. What is better to choose pro bono layer or private? I went to family justice center and they give me an immigration layer and layer took my case just asked to bring some papers to start the case like pictures, some checks that he bought me jewilery and some receipts from packages that my mother sent us and greeting cards , after this she said we can start doing wava . but I have difficult situation with my IDs. I lost some of them. Which layer would be better? Private layer quite expensive but I can't try borrow money from my friends . but o don't know which experience these private layers have, I was consulting with three private layers. Plus I don't have my husband's birth certificate, and oder online u need his mother maiden name, and I don't know his mother maiden name, she died several years ago.

 

Iraaaa if you do not have a police report or a hospital record proving the abuse or a shelter letter then you must submit a psychological evaluation. if the attorney told you he/she can start with the VAWA  without seeing any document that I mentioned above then do not walk but RUN cause you got a bad attorney.What did you show the attorney to prove bonafide marriage?

 

There are great pro bono attorneys and terrible private attorneys and vice versa.

[Sandra G. 5,057]

1 hour ago, vawaprotectant said:

Thanks Sandra for your response. Is this something that Vermont will want and send a RFE for it. I applied in August 2016 and got prima facie. No RFE yet? Is it a form I fill out?

 

 

VSC will issue  an RFE for a bonafide marriage exemption, but a few years ago someone from VAWA thread  contacted me because she got an RFE after she submitted the AOS, her attorney did not include the exemption letter, and she asked my help because her attorney did not know what was a "bonafide marriage exemption", lol. It's possible that a new officer approves the VAWA  petition without paying attention about the exemption",  but for sure the subject will come up when filing AOS. There is no form. It's a letter thr person has to submit to USCIS.

 

Here is one case like yours, the person got married while in removal. The petition was denied by Vermont. But Monday someone was approved, she got married while in removal as well, she posted  Monday about the approval. Here is the decision

 

 

USCIS states:

 

https://www.uscis.gov/sites/default/files/err/B9 - Battered Spouse or Child/Decisions_Issued_in_2013/NOV272013_01B9204.pdf

 

8 U.S.C. § 1255(e) (emphasis added).

 

The corresponding regulation at 8 C.F.R. § 204.2(a)(l)(iii) states, in pertinent part:

 

Marriage during proceedings - general prohibition against approval of visa petition. A visa petition filed on behalf of an alien by a United States citizen ... shall not be approved if the marriage creating the relationship occmTed on or after November 10, 1986, and while the alien was in ... removal proceedings or judicial proceedings relating thereto. . . . [T]he burden in visa petition proceedings to establish eligibility for the exemption ... shall rest with the petitioner. (A) Request for exemption. . .. The request must be made in writing . . . . The request must state the reason for seeking the exemption and must be supported by documentary evidence establishing eligibility for the exemption. (B) Evidence to establish eligibility for the bona fide marriage exemption. The petitioner should submit documents which establish that the marriage was entered into in good faith and not entered into for the purpose of procuring the alien's entry as an immigrant. The types of documents the petitioner may submit include, but are not limited to: (1) Documentation showing joint owner3hip of property; (2) Lease showing joint tenancy of a common residence; (3) Documentation showing commingling of financial resources; ( 4) Birth certificate(s) of child(ren) born to the petitioner and beneficiary; (5) Affidavits of third parties having knowledge of the bona fides of the marital relationship (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit. Affidavits must be sworn to or affirmed by people who have personal knowledge of the marital relationship. Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit and his or her relationship to the spouses, if any. The affidavit must contain complete information and details explaining how the person acquired his or her knowledge of the marriage. Affidavits should be supported, if possible, by one or more types of documentary evidence listed in this paragraph); or ( 6) Any other documentation which is relevant to establish that the marriage was not entered into in order to evade the immigration laws of the United States.

Edited May 11, 2017 by sandranj

[vawaprotectant 4]

42 minutes ago, sandranj said:

VSC will issue  an RFE for a bonafide marriage exemption, but a few years ago someone from VAWA thread  contacted me because she got an RFE after she submitted the AOS, her attorney did not include the exemption letter, and she asked my help because her attorney did not know what was a "bonafide marriage exemption", lol. It's possible that a new officer approves the VAWA  petition without paying attention about the exemption",  but for sure the subject will come up when filing AOS. There is no form. It's a letter thr person has to submit to USCIS.

 

Here is one case like yours, the person got married while in removal. The petition was denied by Vermont. But Monday someone was approved, she got married while in removal as well, she posted  Monday about the approval. Here is the decision

 

 

USCIS states:

 

https://www.uscis.gov/sites/default/files/err/B9 - Battered Spouse or Child/Decisions_Issued_in_2013/NOV272013_01B9204.pdf

 

8 U.S.C. § 1255(e) (emphasis added).

 

The corresponding regulation at 8 C.F.R. § 204.2(a)(l)(iii) states, in pertinent part:

 

Marriage during proceedings - general prohibition against approval of visa petition. A visa petition filed on behalf of an alien by a United States citizen ... shall not be approved if the marriage creating the relationship occmTed on or after November 10, 1986, and while the alien was in ... removal proceedings or judicial proceedings relating thereto. . . . [T]he burden in visa petition proceedings to establish eligibility for the exemption ... shall rest with the petitioner. (A) Request for exemption. . .. The request must be made in writing . . . . The request must state the reason for seeking the exemption and must be supported by documentary evidence establishing eligibility for the exemption. (B) Evidence to establish eligibility for the bona fide marriage exemption. The petitioner should submit documents which establish that the marriage was entered into in good faith and not entered into for the purpose of procuring the alien's entry as an immigrant. The types of documents the petitioner may submit include, but are not limited to: (1) Documentation showing joint owner3hip of property; (2) Lease showing joint tenancy of a common residence; (3) Documentation showing commingling of financial resources; ( 4) Birth certificate(s) of child(ren) born to the petitioner and beneficiary; (5) Affidavits of third parties having knowledge of the bona fides of the marital relationship (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit. Affidavits must be sworn to or affirmed by people who have personal knowledge of the marital relationship. Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit and his or her relationship to the spouses, if any. The affidavit must contain complete information and details explaining how the person acquired his or her knowledge of the marriage. Affidavits should be supported, if possible, by one or more types of documentary evidence listed in this paragraph); or ( 6) Any other documentation which is relevant to establish that the marriage was not entered into in order to evade the immigration laws of the United States.

Hi Sandra, I can't thank you enough for the in-depth explanation. Thank you! I saw that denial online when I was googling around. I just called the immigration court that granted me Witholding and the said Witholding is a form of a relief. It doesn't mean you are in removal proceedings once its granted. Of course, I need to confirm this with a lawyer.

[sadness1 8]

Update!

 

I-360 (2016) 

Received abril 1.

April 07 initial RFE. (responded June 16)

Prima facie junio 28.

October 3 RFE. (responded dec 12)

February 24 approval. (2017)

 

i-485 (2017) 

Received date march 24.

I-765 (2017) 

Received date march 28.

I-485 Biometrics notice date april 14.

(Done may 1)

I-485 April 24 case was transfered to a new office NBC.

I-765 may 2 new card is being produced.

I-765 may 4 we mailed your new card.

I-765 may 11 EAD in hand. (44 days total from received date)

[FocusedFemale 60]

12 hours ago, sandranj said:

If you have lived here for 3 years then you don't need to submit police clearance from abroad.

 

Do not submit any document if you did not receive an RFE .

 

Thanks Sandra! 

[JaneHowe30 9]

On 5/10/2017 at 11:45 AM, vawaprotectant said:

Thanks for sharing and congrats on the approval! What did you send for your RFEs that you didn't include in initial application?

I sent in dispositions for 2 juvenile cases they had there as pending charges. I sent in certified court documents to show that not only were they juvenile case but they far been dismissed over 12 years prior.

 

I also sent in a 'bonafide exemption request' simply by writing one using template Sandra gave me. As I was apparently deniable because I married in proceedings.

 

these were the two things noted in RFE

[JaneHowe30 9]

On 5/10/2017 at 11:49 AM, Hopeful diva said:

Congratulations!!! I am truly happy for you. Very long but worthwhile journey for you 

Thank you.

 

just want to note that it took long because it looked like my file was misplaced and forgotten at some point.

 

after I wrote them in writing to inquire, they sent me an RFE which they claimed they had already sent 5 months before.

 

i hadn't received that RFE and what's worse my case status had never even updated to indicate they had sent me an RFE.

 

So writing to inquire if your case is outside processing times shouldn't hurt. You can't inquire on phone or online for VAWA

[JaneHowe30 9]

On 5/10/2017 at 0:57 PM, bold said:

JaneHowe, I am happy for ur success. I hope u can rest better now. I also moved here from london, England. Where in the UK are u from?

Oh great! Thank you. Originally from edgewarev really. Grew up in Cardiff.

[JaneHowe30 9]

On 5/10/2017 at 3:58 PM, gramercy said:

You're post is giving me a lot of hope as my husband locked me out of the house and didn't even allow me to get my clothes, lucky I always kept my passport in my purse so I had no photos or physical proof of bonafide marriage other  than my own declaration & affidavits from friends who witnessed my humiliation and abandonment.

The only proof of shared residence is only a single piece of mail in my name to our address, and I am praying not to get RFE as I have no clue how to handle it.

I think your sworn affidavit should be as detailed as possible with specific dates to events as this will probably be your strongest proof.  

[JaneHowe30 9]

On 5/10/2017 at 4:01 PM, #Godgotthis said:

Congratulations and thanks for sharing the good news! Each time someone shares such news it brings great encouragement to us, who are still waiting.

Don't lose hope at all. I think it's important to point out this is the 2nd time applying for me. My first time I was denied.

 

i simply addressed the issues for the initial denial and got approved this time after RFE

[Desert Storm 10]

@gramercy when did you file VAWA Petition ? Mine is sept 26, 2016.