VAWA, Part 9

[Kpositafo 7]

@sandraj, or any one, what form(s) do i need for AOS application and how do i fill it. my lawyer abandoned me because i told her i dont have additional money to pay her. I have to do it on my own, and i will need help on how to fill it. thanks. 

[Niniadara 9]

Hello 

 

when I applied for viza in my county at us embassy in my application for viza there was a question about my marital status.i answered married.i was married in church not in city hall.

and when I've got married in us and then applied for vawa on the application I filled out like I was never married.because religious marriage does not consider marriage. I learned now that this should be problem.

i'm very concerned 

If someone has  experience with this situation please help

[klsbrn 2]

On 9/13/2017 at 2:44 PM, Vawa101 said:

OMG I'm so happy my i-360 was just approved!! i can not believe it is over!! thank you to you all for such a supportive forum!

congrats

[miloy001 26]

1 hour ago, Niniadara said:

Hello 

 

when I applied for viza in my county at us embassy in my application for viza there was a question about my marital status.i answered married.i was married in church not in city hall.

and when I've got married in us and then applied for vawa on the application I filled out like I was never married.because religious marriage does not consider marriage. I learned now that this should be problem.

i'm very concerned 

If someone has  experience with this situation please help

USCIS will most likely check into the issue and at lest will issue an RFE. I read an appeal case, very similar to your situation: She checked unmarried in VAWA I-360 but had checked married in her B2 Visa, and could not properly response with a valid divorce decree to a RFE, which resulted in the denial of her VAWA I-360 petition.

 

I could not find the case but found another one that a petitioner could not provide legal divorce decree for her previous marriage:

https://www.uscis.gov/sites/default/files/err/B9 - Battered Spouse or Child/Decisions_Issued_in_2017/MAY042017_01B9204.pdf

 

And the result is:

The Director concluded that the Petitioner had not established that she was eligible for immediate relative classification based on her relationship with her spouse, as required by section 201(b)(2)(A)(i) of the Act.

Her appeal is dismissed.

 

So you would better prepare for this. USCIS requires documentations to support your  marriage/divorce, not just what you say.

Good luck!

 

 

 

 

Edited September 14, 2017 by miloy001

[ILvisajourney 5]

Hello miloy001

 

My case is different .

 

I have only married once with abusive husband , and was abused by the man soon after marriage.

after the DV, I went back to home country for a while. 

I'm so scared of him even after I go back home country.
when I applied B2 visa in 2015, I checked single , because I'm afraid of the abusive party find me. and show him in the application.

 

in Sept 2016, I have filed vawa case with solid proof of marriage and abuse. But I checked marriage status "married" in vawa application.

I have received prima facie sept, 2016, now no rfe yet, still waiting for result.

 

please help what should I do about the marriage status discrepancy between b2 application and vawa application?

 

Thanks for reading!

 

 

 

40 minutes ago, miloy001 said:

USCIS will most likely check into the issue and at lest will issue an RFE. I read an appeal case, very similar to your situation: She checked unmarried in VAWA I-360 but had checked married in her B2 Visa, and could not properly response with a valid divorce decree to a RFE, which resulted in the denial of her VAWA I-360 petition.

 

I could not find the case but found another one that a petitioner could not provide legal divorce decree for her previous marriage:

https://www.uscis.gov/sites/default/files/err/B9 - Battered Spouse or Child/Decisions_Issued_in_2017/MAY042017_01B9204.pdf

 

And the result is:

The Director concluded that the Petitioner had not established that she was eligible for immediate relative classification based on her relationship with her spouse, as required by section 201(b)(2)(A)(i) of the Act.

Her appeal is dismissed.

 

So you would better prepare for this. USCIS requires documentations to support your  marriage/divorce, not just what you say.

Good luck!

 

 

 

 

 

[Niniadara 9]

1 hour ago, miloy001 said:

USCIS will most likely check into the issue and at lest will issue an RFE. I read an appeal case, very similar to your situation: She checked unmarried in VAWA I-360 but had checked married in her B2 Visa, and could not properly response with a valid divorce decree to a RFE, which resulted in the denial of her VAWA I-360 petition.

 

I could not find the case but found another one that a petitioner could not provide legal divorce decree for her previous marriage:

https://www.uscis.gov/sites/default/files/err/B9 - Battered Spouse or Child/Decisions_Issued_in_2017/MAY042017_01B9204.pdf

 

And the result is:

The Director concluded that the Petitioner had not established that she was eligible for immediate relative classification based on her relationship with her spouse, as required by section 201(b)(2)(A)(i) of the Act.

Her appeal is dismissed.

 

So you would better prepare for this. USCIS requires documentations to support your  marriage/divorce, not just what you say.

Good luck!

 

 

 

 

Thanks for your response 

 

[htfaust 131]

Update:

 

RFE for I-765 mailed. Hope it reaches me quickly. I wonder what they're asking for... it says "additional evidence", not "initial". Hmm...

[bluelline1039 15]

HI EVERYONE

I JUST RECEIVED A DEFERRED ACTION NOTICE IN THE MAIL,AND MY I360 APPROVAL LETTER...CAN SOMEONE EXPLAINE WHAT THIS NOTICE MEANS,AND HOW DO I CHECK MY PRIORITY DATE ONLINE FOR MY I485???THANK YOU

[iwillsurvive 254]

1 hour ago, bluelline1039 said:

HI EVERYONE

I JUST RECEIVED A DEFERRED ACTION NOTICE IN THE MAIL,AND MY I360 APPROVAL LETTER...CAN SOMEONE EXPLAINE WHAT THIS NOTICE MEANS,AND HOW DO I CHECK MY PRIORITY DATE ONLINE FOR MY I485???THANK YOU

Congratulations! That means your VAWA is approved and deferred action just means that you will not be removed from the US. Anyone with VAWA approval gets put on the deferred action list. It's a good thing. 

[Sandra G. 5,057]

3 hours ago, bluelline1039 said:

HI EVERYONE

I JUST RECEIVED A DEFERRED ACTION NOTICE IN THE MAIL,AND MY I360 APPROVAL LETTER...CAN SOMEONE EXPLAINE WHAT THIS NOTICE MEANS,AND HOW DO I CHECK MY PRIORITY DATE ONLINE FOR MY I485???THANK YOU

You have a priority date just if your ex husband is a green card holder. CHECK the priority date in the page of the Department  of State.

[Sandra G. 5,057]

It doesn't make any difference. You can file now or after getting the GC.

[Sandra G. 5,057]

On 9/14/2017 at 1:03 PM, Kpositafo said:

@sandraj, or any one, what form(s) do i need for AOS application and how do i fill it. my lawyer abandoned me because i told her i dont have additional money to pay her. I have to do it on my own, and i will need help on how to fill it. thanks. 

Fill out the forms and email me to review. Forms I485, G325A,l131,I765,l131,I912,G1145.

You l need to have the medical exam done as well.

 

[Sandra G. 5,057]

23 hours ago, ILvisajourney said:

Hello miloy001

 

My case is different .

 

I have only married once with abusive husband , and was abused by the man soon after marriage.

after the DV, I went back to home country for a while. 

I'm so scared of him even after I go back home country.
when I applied B2 visa in 2015, I checked single , because I'm afraid of the abusive party find me. and show him in the application.

 

in Sept 2016, I have filed vawa case with solid proof of marriage and abuse. But I checked marriage status "married" in vawa application.

I have received prima facie sept, 2016, now no rfe yet, still waiting for result.

 

please help what should I do about the marriage status discrepancy between b2 application and vawa application?

 

Thanks for reading!

 

 

 

 

You probably  will need a waiver to overcome the misrepresentation.

 

When you will attend the  AOS interview the IO probably will ask you to file the waiver.

[Sandra G. 5,057]

On 9/14/2017 at 5:43 PM, Niniadara said:

Hello 

 

when I applied for viza in my county at us embassy in my application for viza there was a question about my marital status.i answered married.i was married in church not in city hall.

and when I've got married in us and then applied for vawa on the application I filled out like I was never married.because religious marriage does not consider marriage. I learned now that this should be problem.

i'm very concerned 

If someone has  experience with this situation please help

In many Countries "religious" or "traditional  marriages ceremonies" are valid  as a civil marriages and USCIS considers these kind of marriages for immigration purpose. 

 

 You  need to check in your  Country if your  religious ceremony  has civil effect. If it's recognized  as a valid marriage then you are married for immigration  purposes.  If not then  you  need a SINGLE STATUS CERTIFICATE.

 

Two years ago I helped here on VJ one guy from Uganda. USCIS  understood that his religious ceremony had civil  effect,  I proved to Uscis that he was single.His case was approved.

 

I remember here one girl from Kenya  that had her VAWA denied because she had a Tribal wedding  ceremony . She found me here and wanted me to help her to file a new Vawa, but  I searched about the customary marriage in her home Country and I understood that  she was married for immigration purposes then I declined to help her. Another attorney filed a new VAWA for her  and the VAWA was denied again. 

 

Sorry I am using my phone and I mistyped some words. I am travelling back home.

Edited September 16, 2017 by sandranj

[bold 54]

I just got approved!! My I 360. Special thanks to sandra 

it was a long time coming