VAWA & AOS (merged)

[missvrapter 9]

Hi all. It's a long one and for this I apologise, but I'm so stuck and pulling my hair out. I moved to the US in November 2013 on a K-1 Visa. I married my husband and we were together until January 2016. We separated when I found out I was pregnant with his son. He was abusive, I panicked and left the States and returned to the UK. My conditional residency expired July 2016 and I had no choice but to mail in my green card and abandon the residency so I was able to return December 2016 to take care of legal matters. The divorce hasn't been finalised yet, and I've only just received the first set of papers to sign. I want to return to the States with my son to live, but I'm so confused on what's available to me. My son was UK born but his father is a US Citizen. Does he qualify for dual citizenship? How do I apply for this? Can I move back with my son and apply for any immigration documents then? I'm so confused and I can't be here in the UK anymore. I want my son to see his father, and he wants to see him too, but I'm so stuck on available options. Please. If you have any insight, or any recommendations please share. Thankyou in advance and god bless 

[p-ana 933]

You can't enter the country with an esta/ vwp with intention to stay and "apply for immigration documents", that is fraud.

 

If you're not married anymore, there's no real path to be back right now. You can work on crba for your son and when he's of age he can come to live here, establish domicile, have income, etc, and petition for you

Edited January 26, 2017 by p-ana

[missvrapter 9]

We are still legally married. I never planned on entering on the VWP and committing fraud. I'm simply asking what my options are. 

[KierenHby 899]

Wilfully abandoning US residency means no viable options to live in the US; assuming no immediate family in the US. 

1.find an employer in certain fields that can sponsor an H1b visa. or

2.fall in love with an american and marry him. 

[missvrapter 9]

Good evening. I'm currently gathering supporting paperwork to file as an abused spouse under VAWA. I've been reading for several hours on how and where to apply, but I'm a little confused. 

I currently live in the UK. I am still legally married to a citizen, but voluntarily abandoned my conditional green card in Nov 2016. I moved back here in Jan 2016 when I found out I was pregnant with my husbands son. The abuse was so severe I had no choice but to leave to protect my unborn child. I'm aware that I can file from overseas for the VAWA form, but I'm curious if I can file for the AOS with the vawa form from overseas? I have police reports, a hospital record, witness statements; picture evidence from where I was abused and my house was trashed and messages admitting to what he's done. I'm hoping that's enough evidence of the abuse. 

Edited January 27, 2017 by alexndillon2125

[missvrapter 9]

It won't let me edit my post again for some reason. But I've done some more reading and it seems it'd be easier if I was to file from inside the US. Can I enter on the VWP and then file the vawa and AOS since I'm still legally married? 

[Ontarkie 14,445]

~~2 Posts removed for advocating fraud. - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

[f f 725]

you can not come on vwp with the purpose of adjusting your status. even with vawa.

 

it will also look odd that you left and then over a year later you want to come back and get lpr status. especially since you volunteerly abandoned you lpr status 10 months after you left the us. they may suspect you of using the vawa just so you can regain status.

 

you are essentialy trying to claim a vawa against someone who already enabled you to get lpr but then you decided to give up your lpr and now you want to get your lpr back and are using abuse that occurred while you were an lpr as rational for being given lpr status again. no you got lpr status and gave it up.

[missvrapter 9]

I gave up my lpr because I had no choice. I put my life in danger every day for 2 1/2 years while living with my husband. I was only able to get out because I found out I was pregnant and couldn't risk him killing my child like he threatened to do on several occasions. It will not look odd to return, because I had no choice but to leave to save the life of my child. 

[missvrapter 9]

Addition: I abandoned the lpr in November 2016 because my green card expired July 2016. I mailed it in to get destroyed because I was informed I wasn't able to go to the US to handle legal matters with an expired green card. This was stated on the  document I mailed in with the expired card, and it's stated as the reason for volunteering the card on the receipt.

[Lemonslice 4,963]

misread, nevermind

Edited January 27, 2017 by Lemonslice

[Ontarkie 14,445]

6 hours ago, alexndillon2125 said:

We are still legally married. I never planned on entering on the VWP and committing fraud. I'm simply asking what my options are. 

It doesn't look like you have any options atm. Your son can't help with anything until he is 21. 

I'm sure your soon to be ex wants a relationship with his son, and it's great you want that too. 

 

And I'm going to say it because I lived with abuse for years.  I don't trust this, your divorce not final which means custody is not final and now you want back in the US. 

Until custody is set in stone bringing your child back to the US when you have no GC and No way to get it back.

That Screams don't do it. 

I don't know what kind of abuse you went through, but this can be another form of abuse he's still using on you. What kind of advice he is getting (such as convince her to get  the boy on US soil so you can take him.) 

I'm saying this because this is the kind of stuff my ex would have pulled to manipulate me. Not because he would want his kids but just to hurt me. 

 

You need to think long and hard before you do anything. You left for a reason I doubt he change in that short of a period.

 

Edited January 27, 2017 by Ontarkie
clarifying one point

[f f 725]

it comes down to you didn't have to leave the us you could have moved to another state and never seen him again. you chose to go back to the uk. then you missed the window to remove conditions which you could have done as divorced easily with evidence of abuse your residence was terminated since that was one of the conditions of conditional permanent residency. one of the requirements to be a lpr is to live in the us, you chose not to for that reason you would not regain residency.

 

please call the embassy and tell them what happened they should know better and can advise you on how to proceed.

[aaron2020 11,651]

4 hours ago, alexndillon2125 said:

Hi all. It's a long one and for this I apologise, but I'm so stuck and pulling my hair out. I moved to the US in November 2013 on a K-1 Visa. I married my husband and we were together until January 2016. We separated when I found out I was pregnant with his son. He was abusive, I panicked and left the States and returned to the UK. My conditional residency expired July 2016 and I had no choice but to mail in my green card and abandon the residency so I was able to return December 2016 to take care of legal matters. The divorce hasn't been finalised yet, and I've only just received the first set of papers to sign. I want to return to the States with my son to live, but I'm so confused on what's available to me. My son was UK born but his father is a US Citizen. Does he qualify for dual citizenship? How do I apply for this? Can I move back with my son and apply for any immigration documents then? I'm so confused and I can't be here in the UK anymore. I want my son to see his father, and he wants to see him too, but I'm so stuck on available options. Please. If you have any insight, or any recommendations please share. Thankyou in advance and god bless 

Your son qualifies for dual citizenship.  He qualifies for US citizenship based on his father's US citizenship.  File for a CRBA and US passport at the US Embassy.

 

You can not move to the US.  You no longer have a green card.  Your son would need to be 21 years old to petition for you.

 

As another poster has pointed out, DO NOT TAKE YOUR SON TO THE US WITHOUT A CUSTODY AGREEMENT FILED WITH THE COURTS.  If you take your son to the US without a legally enforceable court order, his father can block you from removing your son from the US.  You will be forced to go home since you are no longer a green card holder, and you may not be leaving with your son.  Think hard and carefully about this.

Edited January 27, 2017 by aaron2020

[aaron2020 11,651]

Your only real option to live in the US is for your husband to file for a green card for you based on a bona fide marriage.  Be careful as this is a situation ripe for further abuse.