VAWA, Part 8

[Tortmaster 75]

Just now, lydie21 said:

I don't understand why they sent you a prima facie before receiving the police clearance.  They requested rfe for police clearance from me soon after they received my i360 . I sent them and I'm still waiting for a prima facie so i can receive federal student aid

I'm not sure either. For good moral character I had put in a copy of  my professional license, and letter from the board that I was in good standing. If you have any criminal issues usually you lose your license in my field. I suspect that maybe they thought that was enough. But I did send in the police clearances later on just to be on the safe side and to avoid RFE.

[Sandra G. 5,057]

Yesterday I posted how to prove that you have a bonafide marriage.Today I am posting how to prove abuse. 

 

You should submit with your I-360(VAWA)

 

-Proof of your identity( copy of your passport and a copy of your birth certificate and respective translation). 

 

-If your spouse is a US.Citizen, you can submit a copy of his US.Passport or a copy of his birth certificate, copy of his Certificate of Naturalization. Some States issues a copy of his/her birth certificate (contact the County Recorder or some paid website such as Vital Record). If you were unable to get any of the documents mentioned above and you had the form I-130 approved,  but you don’t have any document regarding form I-130 then file an  FOIA request. 

 

 -If she/he is a green card holder submit a copy of his GC, if you do not   have then submit a copy of his Alien Number, if you do not know then ask USCIS to search in their database, and mention his date and place of birth, his parent’s name, if you have a copy of his DL or know his/her SSN submit as well.

 

Proof of a Bonafide Marriage

 

Proof of Commune Residence

 

Proof of Good Moral Character

 

Draft a Sworn Affidavit telling about your Courtship, marriage, and abuse.

 

“l declare under penalty of perjury (under the laws of the United States of America) that the foregoing is true and correct." 

( date, sign, and print your name)

 

You need to describe all details of the abuse suffered, mentioning everything that  I am posting bellow. The affidavit should mention the courtship, marriage and abuse( 9/13 pages). 

• When did your spouse start abusing you?
• How did he hurt you? mention at least month and year, where and how he hurt you.
• Did he use to apologize? Describe
• Did you tell someone?
• Did you feel like walking in egg shelves around him?
• Did you call the police? If not, why not?
• Was he/she arrested?(describe)
• If your spouse, for example, slapped you many times you should not just say “he/she slapped many times”, you have to describe each one of the abuse, mentioning when and how started the fight.
• Did he/she break things inside the house? 
• Did he/she sexually abuse you?  Month/year, time and how.
• Describe how you felt after the abuse? 
• Did you get a restraining order? when? 
• Is the restraining order still valid?
• Do you have any witness regarding the violence?
• Describe why you did not leave after the abuse?
• Did the threat to have you deported?
• Did he threat to hurt you or hurt your family if you leave? Describe
• Describe yourself before the abuse and after the abuse.
• Describe if you feel ashamed, hopeless, in fear, unworthy, blaming yourself, or feeling anxious.

A generic description such as “we had a fight and he slapped me ” is not the way to describe the abuse to USCIS. You need to describe with details such as when, how and where happened, how you felt, what did you do. if you called someone to tell about the abuse etc.

 

Abuse can be physical, psychological, financial, and sexual.

 

Physical abuse:  Slapping,  spitting, punching, pinching, kicking, restraining, choking, throwing something at you, sex exploitation, use of a gun, knife or the use of any object that can harm you.

 

Psychological abuse(mental cruelty): Intimidation, degradation, humiliation, isolation, threats, coercion, terrorizing, exploiting, belittling, gaslighting, calling names.

 

Sexual Abuse:  Touching against your will, incest, forcing you to have sex or perform a sexual act with him/her or with others, or do something against your will. The sexual abuse may happen under duress,  coercion, threats or violence.

 

 If you are filing VAWA based on psychological abuse you should mention situations of control, isolation, degradation, humiliation, threats, isolation etc. Attend at least 5/7 therapy sessions and get a psychological evaluation. The evaluation can be performed by a psychologist, a counselor or a domestic violence social worker.  I do not recommend that a psychiatrist performs a psychological evaluation because most of the times their evaluations are not good. Usually, they just mention tests performed and diagnosis, and it will not help you at all.

 

If you are taking medications for depression, PTSD and/or anxiety ask your doctor to write a brief statement stating your diagnosis and medication.

 

If you suffered physical abuse and did not go to the police but you have pictures showing that you suffered abuse go to the police station and file a police report asap. If the abuse happened a long time ago(over 3 months) then submit just the pictures, along with your affidavit, plus affidavits from family and friends stating about the abuse suffered.

 

If you do not have a place to go you can call the DOMESTIC VIOLENCE HOTLINE to inquire about shelters. If you go to the police to file a police report you can ask them to take you to a shelter for victims of domestic violence. If you have a pet then find a shelter for your pet before you leave.There are shelters for pets that the owners are  victims of domestic violence. Do not leave your pet wIth the abuser, usually, the abuser kill the animal.

 

Shelters for victims of domestic violence usually accept just one large suitcase per person. Arrange with some friend or friend to keep your belongs until you can leave the shelter. The shelter address CANNOT BE DISCLOSED with anyone, not even with your relatives.  Usually, shelters do not accept the person if he/she left the home and went to stay in some friend’s house. To qualify the person should leave the house and go straight to the shelters because shelters are for victims fleeing the violence.Shelters have social workers, computers/the internet, counseling sessions and referral of pro bono attorneys.

 

The Salvation Army has a program called Emergency Financial Assistance; Food & Nutrition Programs to help victims of domestic violence to pay the rent and to relocate as well. The Salvation Army has a program called  Transitional Housing program as well.We had here on VJ several people that got apartments free for one year and a some of them pay $ 40/$100 monthly. Men qualify as well.

 

 

http://www.salvationarmyusa.org/

Edited June 8, 2017 by sandranj

[Sandra G. 5,057]

17 hours ago, Polilla said:

Mine was approved August 2016. Local office san bernardino ca.  I was convicted of brandishing a weapon foe defending my spouse. It wasn't worth it. :`(

 

Polilla did they transfer your I360 to the NBC? did you submit a CERTIFIED COURT TRANSCRIPT along with your I-485?

 

If you were convicted of Brandishing/exhibiting a non-firearm weapon you should not have a problem, but if you have firearm offenses with a sentence of a year or more imposed then you will have a problem.

[Polilla 17]

3 minutes ago, sandranj said:

Polilla did they transfer your I360 to the NBC? did you submit a CERTIFIED COURT TRANSCRIPT along with your I-485?

 

If you were convicted of Brandishing/exhibiting a non-firearm weapon you should not have a problem, but if you have firearm offenses with a sentence of a year or more imposed then you will have a problem.

Yes Sandraj they transferred it since october 2016. And yes i submitted a certified court transcript.

 

It was a non- firearm weapon and it is the only conviction i have and it was dismissed under ca penal code 1203.2 

[GodBlessYou 1]

Sandraj, and other folks,

 

I got a 2nd RFE, but it wasn't delivered. So, once it passed a month, I went to www.uscis.gov/e-request and request for a missing notice in mail. 

 

AND, I got this today..(I attached)

I have no idea what I can do now. 

 

Sandraj, and other folks who had similar situation before, please help me. 

Because of I filed by myself, I have no one to be helped.

 

Thank you. 

 

[Polilla 17]

1 hour ago, Polilla said:

Yes Sandraj they transferred it since october 2016. And yes i submitted a certified court transcript.

 

It was a non- firearm weapon and it is the only conviction i have and it was dismissed under ca penal code 1203.2 

Thank you sandraj. God bless you.

[lydie21 9]

Sandranj, the only thing I had as proof of his status was the i-130 approval notice that says Wife of us citizen. I also have a copy of his A number and ssn. Do i still need to do a FOIA request to get his certificate of naturalisation? 

[Hopeful diva 99]

5 hours ago, lydie21 said:

Sandranj, the only thing I had as proof of his status was the i-130 approval notice that says Wife of us citizen. I also have a copy of his A number and ssn. Do i still need to do a FOIA request to get his certificate of naturalisation? 

What you already turned in is sufficient. All they really need is just his A number and the I-130 has it, also through the I-130, it's clear that he's a US citizen 

[Over come 50]

8 minutes ago, Hopeful diva said:

What you already turned in is sufficient. All they really need is just his A number and the I-130 has it, also through the I-130, it's clear that he's a US citizen 

Thank God because that's all I had as well. 

[Hopeful diva 99]

On 5/30/2017 at 6:19 PM, thegodfather007 said:

 

 

My approved I-360+merged I485 is currently on the way to NBC 

How many days or weeks did it take for them to move your file to NBC after approval ? 

[thegodfather007 3]

5 hours ago, Hopeful diva said:

How many days or weeks did it take for them to move your file to NBC after approval ? 

I think 2 weeks...

[Hopeful diva 99]

11 minutes ago, thegodfather007 said:

I think 2 weeks...

Ok, have you gotten your new interview date? I heard it now takes them 30-45 days to transfer from NBC to local office. I'm guessing your file should have gotten to local office since 

[Lifewithjoy 19]

5 hours ago, Hopeful diva said:

How many days or weeks did it take for them to move your file to NBC after approval ? 

Hopeful diva, I am so happy for your approval. Congratulations!

[Hopeful diva 99]

Just now, Lifewithjoy said:

Hopeful diva, I am so happy for your approval. Congratulations!

Thank you dear 😘

[NICOLA2017 82]

I notice each person here got some form of response from USCIS within a month of submitting I 360...but it's been 7 weeks and all I got was a letter stating fees waved nothing more....is something wrong?