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JMercado

Husband was an abuser and now he is in jail

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Hello everyone, I am not sure if its the right forum to post.

Long story short. I came to houston with a K1 visa last year in November. I got married to my fiancee and we submitted all the paperwork for my EAD and GC.

When i finally got here i realized that my fiancee was a different person he started abusing me, he would humiliate me every day and even beat me up. He blocked all the phones so that my other couldn't call me from my country. Finally one day i called the police i got a report and they took him to jail for 2 days, his brother took me to the homeless shelter and left me there for 2 days or more. After that they allowed me to gen back in the house but the abuse continued. Then he started cheating on me which i found out a month later when started taking care of the bills and his credit cards cause he went to jail because of a third DWI which is his second felony. 

Even from jail he was still controlling me, calling every single day and anytime even during work. I finally left the house cause i did not deserve to pay for all the debt that he left wich was 8000 just for credit cards plus his truck and cellphone. The people from the shelter told me to apply for vawa with any of the free legal assistance places to get my GC on my own

Because for sure his family is doing everything to process or divorce. 

Would i still be eligible for VAWA ?

I would love to get more information on this. any experiences from anybody would be helpful please. Currently i have my EAD and the the I 485 is still pending but since were not together is the best idea to apply for VAWA?

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Filed: AOS (pnd) Country: Bolivia
Timeline

 

Hello I copied and pasted this information from USCIS Requirements for form I-360:

https://www.uscis.gov/sites/default/files/files/form/i-360instr.pdf

You may petition for immediate relative or family-sponsored immigrant classification for yourself (also known as a self-

petition) if you:

1. Have a qualifying relationship with an abusive U.S. citizen or lawful permanent resident;

A. Are now or were the spouse of an abusive U.S. citizen or lawful permanent resident;

B. Are the child of an abusive U.S. citizen or lawful permanent resident; or

C. Are the parent of an abusive U.S. citizen son or daughter who is at least 21 years of age when filing this petition;

2. Are eligible for immigrant classification based on that relationship;

3. Are now residing with or have resided with the U.S. citizen or lawful permanent resident abuser in the past;

4. Have been battered by or have been the subject of extreme cruelty perpetrated by:

A. Your U.S. citizen or lawful permanent resident spouse during the marriage, or you are the parent of a child who

has been battered by or has been the subject of extreme cruelty perpetrated by your abusive U.S. citizen or lawful

permanent resident spouse during your marriage;

B. Your U.S. citizen or lawful permanent resident parent while residing with that parent; or

C. Your U.S. citizen son or daughter;

5. Are a person of good moral character; and

6. Are a spouse, and entered into the marriage to the U.S. citizen or lawful permanent resident abuser in good faith.

and attached there is an Index VAWA sample of document you could include.

sample_i-360_document_index.doc

 

In your case because you have less than a year here in America you can get a Criminal record from your country, remember to translate all foreign language to English and they cannot be translated by yourself somebody else must do it and sign the documents with their personal information on the bottom page and write:

CERTIFICATE OF TRANSLATION

I, ___________________________, am competent to translate from ________________

into English, and certify that the translation of __________________________________ is true and accurate to the best of my abilities

_____________________________

Signature of Translator

Name of Translator

Address of Translator

Telephone Number of Translator

CERTI
CERTIFICAT
Edited by Jesus4ever
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