VAWA, Part 9

[Sandra G. 5,048]

25 minutes ago, rose michigan said:

He did not get his G.C yet, his 2nd interview was not scheduled yet.. and she filed for the divorce And cancelled her affidavit of support last week.

She should focus  about the child custody,child support and move on with her life.  If he will have a vawa case approved or not  it depends of what he submitted along with his vawa case.

 

[rose michigan 75]

8 minutes ago, sandranj said:

She should focus  about the child custody,child support and move on with her life.  If he will have a vawa case approved or not  it depends of what he submitted along with his vawa case.

 

Thank you.. She hired a family lawyer for that, but she asked if she will need an immigration one too.. I will let her know

[Sandra G. 5,048]

Just now, rose michigan said:

Thank you.. She hired a family lawyer for that, but she asked if she will need an immigration one too.. I will let her know

She doesn't need an immigration  attorney because he is the alien.

 

USCIS is prohibited by Law  to contact or provide any information to the "abusive part'. USCIS  will not contact her ok.

 

 Tell her to flag her child passport.She should fill out a form with the Department  of State and join the Children's  Passaport Issuance  Alert Program if she is concern that  he might abduct the child  and leave the  U.S. 

[David & Diana R 1,005]

12 hours ago, EricInPS said:

During a long and varied conversation with an intimate friend, she revealed to me that her American husband of three years has been repeatedly raping her since the first day of their marriage. He, apparently, has no regard for her feelings on the matter, and initiates sex on a whim. No foreplay, no lubrication, just violent insertion and 30 seconds of pain.  She had used the word "rape" once before, a couple of months ago, stating that she feels "like he is raping me". Upon being pressed tonight she admitted that she feels this way every time he initiates sex. I asked her why she does not leave him and she replied that she is 80% of the way towards her Permanent Resident Green Card, having fulfilled all requirements, and filed the I-751 in March of this year. She is terrified that leaving him, or reporting him to authorities, will jeopardize her immigration status because she believes that USCIS will believe a USC over an immigrant, and that, undoubtedly, he would deny the accusation. She is very wary of amending the I-751 at this stage for the same reasons.

 

I asked her if she ever said "no" to his advances. She has not, assuming that a wife cannot, or should not, withhold sex from her husband. She is afraid that, at this point, it would be a he said/she said type of situation, with her on the losing end.  I feel her only option, short of enduring this abuse for another year, is to file an amended I-751 using the VAWA avenue, but, again, she is extremely wary of changing things, or alerting USCIS to problems in her marriage.

 

Can someone point me towards valid information that is easy to understand regarding her options?

 

BACKGROUND: She hails from a wealthy Chinese family who offers substantial monetary support, so money is not a problem. She left China to escape another abusive husband. While in the US, she has attended school, and is awaiting licensure in her home state, although she is already licensed in several other states and is intent on opening her own business.

 

 

While I sympathize with your friend it is not rape by definition if she has never said no.  She needs to understand this.  She needs to say no and she should report him to the Police and get into a shelter for her own safety.

[Roms2017 115]

18 hours ago, TBoneTX said:

This is the continuation thread for VAWA, Part 8 --

http://www.visajourney.com/forums/topic/620758-vawa-part-8/

-- which was closed because of its large size.

 

Please pick up where you left off, and newcomers can feel free to join in.

Thank u for the information

[Polilla 17]

Hello Sandraj today I check online my case status and it says this:"On August 31, 2017, we updated your name for your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number EACxxxxxxcxxc.   Do you know what it means?  I had my interview on 08/28/2017

[Hopeful diva 99]

11 minutes ago, Polilla said:

Hello Sandraj today I check online my case status and it says this:"On August 31, 2017, we updated your name for your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number EACxxxxxxcxxc.   Do you know what it means?  I had my interview on 08/28/2017

They touched your file, that's what it means. Means you will be getting an update soon on your interview 

[Polilla 17]

11 minutes ago, Hopeful diva said:

They touched your file, that's what it means. Means you will be getting an update soon on your interview 

But my interview was on August 28

[Hopeful diva 99]

16 minutes ago, Polilla said:

But my interview was on August 28

Yes but you didn't get a response right? So it means they will give you a response soon about whether you were approved .... hence, reason for touching your file 

[NICOLA2017 82]

Hi everyone....If and when I attend my AOS interview will they ask me about divorce ? Could I ask them not to put my green card when approved in my married name? 

 

Opinion please @sandranj @Hopeful diva 

[Hopeful diva 99]

9 hours ago, NICOLA2017 said:

Hi everyone....If and when I attend my AOS interview will they ask me about divorce ? Could I ask them not to put my green card when approved in my married name? 

 

Opinion please @sandranj @Hopeful diva 

Yes you can request your name to be put in your maiden name. The officer may also ask you before you even mention it. From my past experience, the officer asked me. 

 

If they ask you about divorce, then simply state whether you have filed for it or not. Shouldn't be a problem. 

 

Most times these officers don't ask a lot of questions, they just ask for your passport, then ask you the yes and no questions on the i485 and the questions in your biographic form (state your name, year of birth, address etc) and that's it. They would usually tell you if you have been approved or if they will give you an answer in a few days. Typical interview last 10-15 mins. 

 

Edited September 1, 2017 by Hopeful diva

[NICOLA2017 82]

So even though my vawa is still pending they will make a decision? 

[Polilla 17]

13 hours ago, Hopeful diva said:

Yes but you didn't get a response right? So it means they will give you a response soon about whether you were approved .... hence, reason for touching your file 

No. No response.tnx hopeful diva.

[CASTIEL 64]

 

Updated Timeline:

 

 Hi Guys This is my updated timeline so far. I Hope all of you guys are doing great!

 

Filed Vawa: July 1 2017 (Physical, Mental and Sexual Abuse)

Received: July 3, 2017

Returned: July 27, 2017 (Incomplete I360 Application form)

Filed again: July 28, 2017

Received: August 1, 2017

Notice Date: August 4, 2017

Received mail: August 12, 2017

Previous I-485 Transferred from another office of  Processing: September 1, 2017

 

Enjoy your long weekend.

 

Thanks again Hopeful Diva, Sandranj , and Iwillsurvive .

 

[Godblessme 26]

3 hours ago, NICOLA2017 said:

So even though my vawa is still pending they will make a decision? 

From what I have learned from this forum, they will put your I-485 on hold until you get a decision on your VAWA.