Please advice My Exs applied for green card based on vawa

[Yuda1718 0]

Having my n400 is interview soon 

have a green card 30 years but my parents never applied for citizen wen I was under 18 ,

i am divorced now 

 my Exs came with a tourist visa to the us   wen we where married but than wen we got separated she realized I'll never petition her for a green card so she applied for green card based VAWA witch she lied for being abused 

my question will this have any effect on my citizen will uscis ask me about it on the interview?

Or it has nothing to do with me ?

 

Edited January 9, 2017 by Yuda1718

[Transborderwife 4,666]

They may as it's not exactly good and moral character, true or not.

[NikLR 13,227]

~~moved to effects of major family changes from immigration news.  Also removed 2 duplicate unanswered topics.  Please be patient when posting to avoid multiple duplicate posts. ~~

Edited January 9, 2017 by NikLR
Spell check

[Yuda1718 0]

1 minute ago, Transborderwife said:

They may as it's not exactly good and moral character, true or not.

Yes but this was all five years ago Plus

she got me arrested for falls accusations all this was dismissed by the judge it's all on my application and I have the original court despositon 

[Transborderwife 4,666]

1 minute ago, Yuda1718 said:

Yes but this was all five years ago Plus

she got me arrested for falls accusations all this was dismissed by the judge it's all on my application and I have the original court despositon 

How did she get vawa then?  Five years or not it may be brought up. Have your documents just in case.

[Yuda1718 0]

5 minutes ago, Transborderwife said:

How did she get vawa then?  Five years or not it may be brought up. Have your documents just in case.

The criminal court case she filed against for arrasment 

was pushed of many times 

and in that time frame she quickly proceed the green card 

i found out about it only later 

 

Edited January 9, 2017 by Yuda1718

[Chris and ZhiJia 146]

Maybe someone with more knowledge can help answer this for me, as I try to understand.

 

1. He is a GC Holder, Not a Citizen (Yet)

2. His Ex entered on a Tourist Visa

3. They married

4. They Separated (No documents Filed)

5. She then while Out of status on an Expired Tourist Visa, tried to File for Green Card

 

Is she even allowed to file for a Green Card without being married to a non-citizen? I know people can file and claim Vawa (with ample proof) if they were married to a citizen.

[Yuda1718 0]

7 minutes ago, Chris and ZhiJia said:

Maybe someone with more knowledge can help answer this for me, as I try to understand.

 

1. He is a GC Holder, Not a Citizen (Yet)

2. His Ex entered on a Tourist Visa

3. They married

4. They Separated (No documents Filed)

5. She then while Out of status on an Expired Tourist Visa, tried to File for Green Card

 

Is she even allowed to file for a Green Card without being married to a non-citizen? I know people can file and claim Vawa (with ample proof) if they were married to a citizen.

VAWA works also if u are married to green card holder 

we did  start file in court for divorce before she did it 

[Yuda1718 0]

??

[Yuda1718 0]

26 minutes ago, Yuda1718 said:

??

Anyone has experience?

[Boiler 45,649]

I dont remember seeing an identical case, but USCIS must be aware that VAWA encourages false accusations, after all they implement it.

 

You could expect your case to be investigated a bit more due to these accusations.

 

[Yuda1718 0]

2 hours ago, Yuda1718 said:

??

Anyone has experience?

hope the approval won't be delayed my green expired yesterday and can't leave country till I get the citizen 

[Villanelle 4,122]

This is a bit of complicated subject and Im not sure you are going to find anyone in the same situation as you that is going to respond.

 

The first thing you have to remember is VAWA is confidential. So there is absolutely NO WAY that the Officer is going to directly bring it up. Even if YOU bring it up they are not going to even acknowledge that there was a VAWA claim filed by your ex. The VAWA is/was her case. It is protected by strict confidentiality laws. Which means again- they will absolutely not acknowledge it or discuss it with you.

That does not mean that it doesnt exist though. So its an odd situation. When someone has been on the opposite end of a vawa claim they are not restricted from filing additional petitions for new spouses if need be. Those petitions are approved often with no more difficulty then an 'average filer'. Sometimes however they are harder to get approved. They wouldnt be harder because of the vawa decision but because of the surrounding circumstances. (if there were DV charges or other criminal charges)

 

So theoretically filing for citizenship should be the same. When a vawa claim is submitted USCIS only makes a determination that the filer suffered abuse. They do not make a determination that the LPR or citizen on the other end is an "abuser". I know that doesnt make much sense- but thats how it is. Its why the "accused abuser" does not get a chance to rebut any accusations. Because technically they are not being accused of anything. Technically it just establishes abuse was suffered by the alien but does not go as far as assigning fault to the LPR or USC. Its a strange process but its a specific process. 

 

Plenty of the 'accused' have found fault with the process and feel they should have a voice. They do not and can not because of the wording and how no specific fault is assigned to them. So basically there is no reason for them to have a voice if there is no penalty assigned to them in the outcome. 

 

But again, because the vawa is documented with USCIS and they are going to review your history as well as anyone attached to you they are going to see it. You say you have NO criminal issues as a result of the matter. So there shouldnt be any issue with it. I suppose the Officer can deny you based on moral grounds with out specifically stating its about the vawa (because again they will not confirm the vawa) but there is also the fact that you are required to only show good moral character for the immediate 5yrs previous. You may already be out of the time frame of that as well. 

 

I would expect some questions about your ex and things like that and perhaps based on your answers they could find or feel you are lying to them or misrepresenting what occurred- hence a moral denial. So like others have stated you should bring with you any court papers you have or anything that supports your side of the story if it comes up. 

 

---------

 

Anyway if your GC is expired you can always go and get a temp stamp that you should be able to travel on. 

[Yuda1718 0]

14 hours ago, Damara said:

This is a bit of complicated subject and Im not sure you are going to find anyone in the same situation as you that is going to respond.

 

The first thing you have to remember is VAWA is confidential. So there is absolutely NO WAY that the Officer is going to directly bring it up. Even if YOU bring it up they are not going to even acknowledge that there was a VAWA claim filed by your ex. The VAWA is/was her case. It is protected by strict confidentiality laws. Which means again- they will absolutely not acknowledge it or discuss it with you.

That does not mean that it doesnt exist though. So its an odd situation. When someone has been on the opposite end of a vawa claim they are not restricted from filing additional petitions for new spouses if need be. Those petitions are approved often with no more difficulty then an 'average filer'. Sometimes however they are harder to get approved. They wouldnt be harder because of the vawa decision but because of the surrounding circumstances. (if there were DV charges or other criminal charges)

 

So theoretically filing for citizenship should be the same. When a vawa claim is submitted USCIS only makes a determination that the filer suffered abuse. They do not make a determination that the LPR or citizen on the other end is an "abuser". I know that doesnt make much sense- but thats how it is. Its why the "accused abuser" does not get a chance to rebut any accusations. Because technically they are not being accused of anything. Technically it just establishes abuse was suffered by the alien but does not go as far as assigning fault to the LPR or USC. Its a strange process but its a specific process. 

 

Plenty of the 'accused' have found fault with the process and feel they should have a voice. They do not and can not because of the wording and how no specific fault is assigned to them. So basically there is no reason for them to have a voice if there is no penalty assigned to them in the outcome. 

 

But again, because the vawa is documented with USCIS and they are going to review your history as well as anyone attached to you they are going to see it. You say you have NO criminal issues as a result of the matter. So there shouldnt be any issue with it. I suppose the Officer can deny you based on moral grounds with out specifically stating its about the vawa (because again they will not confirm the vawa) but there is also the fact that you are required to only show good moral character for the immediate 5yrs previous. You may already be out of the time frame of that as well. 

 

I would expect some questions about your ex and things like that and perhaps based on your answers they could find or feel you are lying to them or misrepresenting what occurred- hence a moral denial. So like others have stated you should bring with you any court papers you have or anything that supports your side of the story if it comes up. 

 

---------

 

Anyway if your GC is expired you can always go and get a temp stamp that you should be able to travel on. 

Thanks 

[Yuda1718 0]

Update all went smooth 

I had my interview Today in NYC federal plaza The interviewer said that he will recommend my application for approval and gave me a note of it ,

How long for the oath to  be seceduled this days in NYC ?

also my green will expire in Jan 29 will this get me a oath earlier?