VAWA, Part 8

[Hopeful diva 99]

3 hours ago, AtariBaby said:

Hi

Is this the thread to post VAWA questions in, as opposed to a new topic?

 

I have a friend (this is in San Francisco, California) who was in the process of immigration through marriage, and the husband became extremely abusive. She got out safely and is in a shelter, because it was really bad.

 

She is now in VAWA. She has an attorney helping via a nonprofit service. But in a recent conversation with the husband, he threatened to file an annulment, intending to ruin the immigration process. She heard that this can be expensive to fight. She heard of a case where a woman in similar shoes had to spend $20K on a private attorney to fight this.

 

Does anyone know anything about an annulment tactic, and the consequences? I should also point out that according to her, he's penniless, so if annulments are costly, he won't be making good on the threat.

 

Thanks for reading.

An annulment is as good as saying that the marriage never existed. It is not the same as a divorce. I don't believe that one qualifies for vawa anymore once there is an annulment because VAWA claims deal with marriages currently in existence or that once existed. Annulment = never existed. She should get a good lawyer to help her fight it. Or her best best would be to file for divorce first and put in her vawa petition before her estranged spouse puts in an application for annulment. 

At least with divorce she qualifies for vawa for up to 2 years 

 

Also google vawa and annulment, so many articles and lawyers advice about it online, the attached pic is from a website 

Edited June 20, 2017 by Hopeful diva

[Godservant 4]

Hi Sandra 

..l got my green card back in 2014 through vawa..should l get s divorce before filing for citizenship?

[gramercy 141]

1 hour ago, Hopeful diva said:

An annulment is as good as saying that the marriage never existed. It is not the same as a divorce. I don't believe that one qualifies for vawa anymore once there is an annulment because VAWA claims deal with marriages currently in existence or that once existed. Annulment = never existed. She should get a good lawyer to help her fight it. Or her best best would be to file for divorce first and put in her vawa petition before her estranged spouse puts in an application for annulment. 

At least with divorce she qualifies for vawa for up to 2 years 

 

Also google vawa and annulment, so many articles and lawyers advice about it online, the attached pic is from a website 

That is debatable.

Termination of marriage with annulment doesn't necessarily disqualify a person's petition UNLESS the anullment is granted as a result on fraudulent marriage in that case the  marriage is not (bona fide)

There are so many reasons to seek annulment (sickness, major deception, impotence, not wanting to have children, religion, hiding a serious illness....etc) as long as it doesn't contradict that the petitioner entered he marriage in good faith. It's treated just like divorce even though it becomes void.

 

That being said. There was a member in vawa part 7  (i think her name was redmango) she made a mistake and signed some papers her spouse sent her without understanding that it was anullment based on fraud... Sandra told her that it's really bad and gonna hurt her case big time which is actually true however, her vawa was approved and what her ex did didn't ruin her pending case!

[Hopeful diva 99]

4 minutes ago, gramercy said:

That is debatable.

Termination of marriage with annulment doesn't necessarily disqualify a person's petition UNLESS the anullment is granted as a result on fraudulent marriage in that case the  marriage is not (bona fide)

There are so many reasons to seek annulment (sickness, major deception, impotence, not wanting to have children, religion, hiding a serious illness....etc) as long as it doesn't contradict that the petitioner entered he marriage in good faith. It's treated just like divorce even though it becomes void.

 

That being said. There was a member in vawa part 7  (i think her name was redmango) she made a mistake and signed some papers her spouse sent her without understanding that it was anullment based on fraud... Sandra told her that it's really bad and gonna hurt her case big time which is actually true however, her vawa was approved and what her ex did didn't ruin her pending case!

The big question now is ... was Her VAWA  approved before annulment was finanlized or based on the fact that she filed her i360 prior to annulment being petitioned for. I think the problem arises when one wants to file after an annulment has been finalized. 

[gramercy 141]

6 minutes ago, Hopeful diva said:

The big question now is ... was Her VAWA  approved before annulment was finanlized or based on the fact that she filed her i360 prior to annulment being petitioned for. I think the problem arises when one wants to file after an annulment has been finalized. 

In that girl's case i think she was just lucky.

her jerk husband filed while her vawa was pending she just made a big mistake unknowingly signing documents he sent her without understanding and her approval still came in months later.

 

But aside from that incident; anullment that is based on other ligit reasons than fraud shouldn't affect vawa if the spouse can prove bona fide.. and abuse of course.

If the marriage was terminated within 2 yrs or less an abused spouse can apply under vawa if all the listed conditions are met according to USCIS 

Edited June 20, 2017 by gramercy

[Hopeful diva 99]

11 minutes ago, gramercy said:

In that girl's case i think she was just lucky.

her jerk husband filed while her vawa was pending she just made a big mistake unknowingly signing documents he sent her without understanding and her approval still came in months later.

 

But aside from that incident; anullment that is based on other ligit reasons than fraud shouldn't affect vawa if the spouse can prove bona fide.. and abuse of course.

If the marriage was terminated within 2 yrs or less an abused spouse can apply under vawa if all the listed conditions are met according to USCIS 

I wonder why some lawyers say it's not possible. I actually saw a post from more than 3 different lawyers online that say annulment cancels out vawa eligibility. 

[Never_Give_Up 6]

On 6/16/2017 at 8:33 AM, sandranj said:

 

Last months they were adjudicating August 2016, probably some officers still have the files received in August, but they started already September 2016.

Sandra, how long do you think it will be until the officers clear the remaining August files? 😕Thanks! 

[mariposa2 24]

Hello everyone! This question is for Sandra or for whoever knows the answer for it.

 

When you send your package complete for vawa and I-485, what date is taking into consideration as the priority date for your I-485? The date you sent your whole package or the date your vawa is approved?

 

Thanks

[Pinkrlion 2,724]

I know that I don't speak much in the thread but doing VAWA paperwork is not easy and collecting your evidence and proof is very frustrating along with dealing with the issues of abuse and depression does not help.  You feel like the doors keep closing on you and no one wants to help and you feel deflated and want to give up and go back home.  I just want to say to everyone, just keep going, and be patient. It is time consuming, but I have support of my brother and sister in law, VJ, and SandraJ I believe that I will be OK.  I know that I am getting closer and closer to getting everything I need to file my I-360 and my list of things I need is getting shorter and shorter.

 

God Bless to everyone and dont be discouraged. Stay in therapy cause it helps to talk about the VAWA as well and the stress of it all.

[iwillsurvive 254]

1 hour ago, mariposa2 said:

Hello everyone! This question is for Sandra or for whoever knows the answer for it.

 

When you send your package complete for vawa and I-485, what date is taking into consideration as the priority date for your I-485? The date you sent your whole package or the date your vawa is approved?

 

Thanks

The date VAWA is approved as far as I know.  

[Sandra G. 5,057]

2 hours ago, mariposa2 said:

Hello everyone! This question is for Sandra or for whoever knows the answer for it.

 

When you send your package complete for vawa and I-485, what date is taking into consideration as the priority date for your I-485? The date you sent your whole package or the date your vawa is approved?

 

Thanks

There is no priority if the spouse is  an American Citizen,  if the  spouse is a green card holder the priority date is the date that the I360  was filed. 

Edited June 20, 2017 by sandranj

[Sandra G. 5,057]

11 hours ago, Never_Give_Up said:

Sandra, how long do you think it will be until the officers clear the remaining August files? 😕Thanks! 

Probably  this month they will adjudicate all pending l360 filed in August  2016

 

[mariposa2 24]

20 minutes ago, sandranj said:

There is no priority if the spouse is  an American Citizen,  if the  spouse is a green card holder the priority date is the date that the I360  was filed. 

Thanks Sandra,

 

My receipt date is October 2016. So after my vawa is approved how long do you think it will take for my i-485 to be ready for an interview? I am in NYC.

 

[Polilla 17]

Hello everyone. My ead expires on September 9. I used category c(31) now i want to renew my ead under category c (9) because my aos is pending.  Dobi have to pay the fee if i switch from c(31) to c(9) for ead renewal?

 

And or do i need to submit a new application for ead?

 

Please sandraj or anyone with experience can you tell me?

Just now, Polilla said:

Hello everyone. My ead expires on September 9. I used category c(31) now i want to renew my ead under category c (9) because my aos is pending.  Dobi have to pay the fee if i switch from c(31) to c(9) for ead renewal?

 

And or do i need to submit a new application for ead?

 

Please sandraj or anyone with experience can you tell me?

And also i am applying for advance parole do i have to pay the fee?

[Sandra G. 5,057]

2 hours ago, mariposa2 said:

Thanks Sandra,

 

My receipt date is October 2016. So after my vawa is approved how long do you think it will take for my i-485 to be ready for an interview? I am in NYC.

 

 

It's taking a long time, most local offices are taking 6/9 months to set up the AOS interview.

On 6/16/2017 at 1:00 PM, vawaprotectant said:

Thanks. Do you still have some August 2016 people waiting?

Yep, I still have some people that filed the VAWA petition  last August and they are still waiting.