VAWA & AOS (merged)

[Cadence 20]

Since you surrendered your green card and you have the intention to immigrate to the US, I would think that you have no legal way to enter the US with a non-immigrant visa such as VWP or student visa etc. You have to essentially start your process of obtaining a green card all over again from outside the US by successfully having an approved I-360 as far as I'm aware.

Edited January 27, 2017 by Cadence

[Georgia16 2,858]

1 minute ago, alexndillon2125 said:

I apologise for the confusion. My husband has spent the last year in counselling and therapy with the VA, and has proved such things to me with written appointment letters. I want to move back and establish a good environment for my son before I bring him to the States. My son is only 6 months old. So he will be staying with my parents until a safe place has been established, then supervised visitation will be arranged through the courts for my husband to see our son. 

So you want to get back together with him?

[frody 14]

something is missing here ...why would you want your son to have something to do with an abuser? why you will risk your life again? why you want to came back to USA? Since NHS provides free care its quite suspicious you decide to have your son abroad and not in any place else in USA. Just for you to be aware, in case you decide to get him the USA passport they will do a genetic test. Thay will check if the USA citizen is the real parent.

 

[missvrapter 9]

No. I don't want to get back together with him. I won't be living in the same state as my husband. My son won't be coming over until I have a stable environment for him, as I stated previously. A DNA test has already been done and proved that my husband is my sons father, this was requested by my husband after our son was born. I had tricare when my son was born, I didn't come back here for the NHS benefits. I had no need to come back for a "free birth" when it was already covered by the military

[Georgia16 2,858]

3 minutes ago, alexndillon2125 said:

No. I don't want to get back together with him. I won't be living in the same state as my husband. My son won't be coming over until I have a stable environment for him, as I stated previously. A DNA test has already been done and proved that my husband is my sons father, this was requested by my husband after our son was born. I had tricare when my son was born, I didn't come back here for the NHS benefits. I had no need to come back for a "free birth" when it was already covered by the military

If you don't want to be with him again then why do you keep saying you guys are still married and you can apply for GC again. If you have no intent to be with him then you can't apply for GC again through him. 

[missvrapter 9]

Again, I'm not applying for my GC through him. That's why I'm inquiring about being able to return and file the VAWA petition. The whole point of the VAWA is for a battered spouse to apply for residency WITHOUT the USC knowing for safety reasons.

[Cadence 20]

Like I said above, I don't see how you can legally move to the US to set up a good environment for your son PRIOR to receiving a green card. You'd need to file for I-360 and once that is approved you can then apply for a gc. After that you can immigrate. You can't come to the US without the proper immigrant visa since you intend to immigrate and adjust status.

[Unlockable 7,314]

I want to contribute to this thread but I agree things are not too clear. 

 

I understand that she can apply for VAWA while out of the US but how can she even after abandoning the GC? Leaving the US and abandoning the GC are different things. And if a person gives up the GC it indicates they no longer have intentions to immigrate? If that is the case why continue with VAWA?

 

Also, it seems there is more to the story of the OP. How will the OP establish domicile in the US? How will she continue to reside in the US and have the father establish relationship with his son but not know she is in the US trying to gain residency?

 

[missvrapter 9]

I'm not quite sure how you're all getting so confused. Let me try to break it down so you can understand better. It doesn't help that two separate threads were merged. Okay here:

1. My #1 question is if I can fly back to the US and file the VAWA even though I've already surrendered one GC from England because it expired 1 month before I gave birth to my son, and I needed to go to the US to handle legal documents. I couldn't travel on an expired GC.

3. I have very good friends who are going to let me live with them during this process. They are willing to financially support me. 

2. I AM STILL LEGALLY MARRIED, will be filing for divorce

3. My son is staying behind until I've established residency.

4. My husband will NOT KNOW I am in the country. The only contact I have with him is sending pictures 2x a week of our son, and him asking to see him.

5. I have NO intention of getting back with my husband. If I did, I wouldn't be inquiring about VAWA. We'd be mailing in a spouse visa.

 

 

Edited January 27, 2017 by alexndillon2125

[Georgia16 2,858]

13 minutes ago, NuestraUnion said:

I want to contribute to this thread but I agree things are not too clear. 

 

I understand that she can apply for VAWA while out of the US but how can she even after abandoning the GC? Leaving the US and abandoning the GC are different things. And if a person gives up the GC it indicates they no longer have intentions to immigrate? If that is the case why continue with VAWA?

 

Also, it seems there is more to the story of the OP. How will the OP establish domicile in the US? How will she continue to reside in the US and have the father establish relationship with his son but not know she is in the US trying to gain residency?

 

I agree. I can't see that happening and especially after that long. 

[missvrapter 9]

Might I add, that I just got back from the States 3 days ago after entering on the Visa Waiver Program. I didn't have a problem entering on it

[Cadence 20]

7 minutes ago, alexndillon2125 said:

Might I add, that I just got back from the States 3 days ago after entering on the Visa Waiver Program. I didn't have a problem entering on it

Did you tell the CBP that you were planning to move there permanently when you entered?

[missvrapter 9]

8 minutes ago, Cadence said:

Did you tell the CBP that you were planning to move there permanently when you entered?

Nope. I told them my reasoning was divorce, which was the truth. They didn't have a problem with it.  

[Cadence 20]

1 minute ago, alexndillon2125 said:

Nope. I told them my reasoning was divorce, which was the truth. They didn't have a problem with it.  

That's my point. That time you entered with supposedly no immigrant intent as determined by the CBP. The next time you enter presumably you do have intent as you have said so yourself - to enter with the intention of settling in the US (with no immigrant visa or GC) and you tell them the truth, they'll turn you away. AKA, do yourself a favor and file for i-360/green card outside of the U.S. 

Edited January 27, 2017 by Cadence

[missvrapter 9]

I can understand your point. I have several other legal matters to take care of that require me to be in the US several times throughout the year. If I file this from outside the US, can I travel to the US while it's pending?