VAWA, Part 9

[Roms2017 115]

4 hours ago, Hopeful diva said:

Send sandra a msg about it. I don't think it should be an issue since you are going through the vawa route and the i130 is no longer important. Since your i485 has not been denied, your ead is still valid. 

Only your I 130 is denied which is normal since you self petition base on vawa but your i 485 still valid as well ead

[Adella2016 20]

Hello everyone, I have a question, If a husband just a got a green card, but he abused his wife when he was in process, can she apply for VAWA? Or he had to be a green card holder before? I know, that law is changing every year. Now they are separated and applied for divorce. 

[gramercy 141]

5 minutes ago, Adella2016 said:

Hello everyone, I have a question, If a husband just a got a green card, but he abused his wife when he was in process, can she apply for VAWA? Or he had to be a green card holder before? I know, that law is changing every year. Now they are separated and applied for divorce. 

I think since the divorce isn't finalized & she is currently still his wife & 

the husband/abuser is a greencard holder now she can still file for VAWA. 

 

I haven't seen restrictions or specific rules regarding when  the abuser became LPR or Citizen, so think she's eligible but plz double check

[Adella2016 20]

2 minutes ago, gramercy said:

I think since the divorce isn't finalized & she is currently still his wife & 

the husband/abuser is a greencard holder now she can still file for VAWA. 

 

I haven't seen restrictions or specific rules regarding when  the abuser became LPR or Citizen, so think she's eligible but plz double check

Thank you for your fast answer. My friend went to attorney today, and he said that he(her husband) had to abuse her when has a green card, if he abused her being in the process - it doesnt count. It seems not fair. 

[GWMAW 22]

Helol everyone, 

 

I need some advise please. My i360 is still pending.  I file i756( work permit) and other forms for AOS in late May this year. Till today, which is four months (120 days) since I filed no decision made yet. Need some advise on what to do please. My husband us a USC

[gramercy 141]

14 minutes ago, Adella2016 said:

Thank you for your fast answer. My friend went to attorney today, and he said that he(her husband) had to abuse her when has a green card, if he abused her being in the process - it doesnt count. It seems not fair. 

I'm not convinced ... she is still married to the abusive  LPR at the time she decided to file for VAWA.    I don't understand the lawyer saying it doesn't count abuse COUNTS as long as he marriage is legitimate.

 

https://www.uscis.gov/humanitarian/battered-spouse-children-parents#spouse

 

 

 

Eligibility Requirements for a Spouse

• Qualifying spousal relationship:
  • You are married to a U.S. citizen or permanent resident abuser or
  • your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition, or
  • your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or
  • you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
• You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse:
  • You have been abused by your U.S. citizen or permanent resident spouse, or
  • your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.
• You entered into the marriage in good faith, not solely for immigration benefits.
• You have resided with your spouse.
• You are a person of good moral characterEligibility Requirements for a Spouse
• Qualifying spousal relationship:
  • You are married to a U.S. citizen or permanent resident abuser or
  • your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition, or
  • your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or
  • you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
• You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse:
  • You have been abused by your U.S. citizen or permanent resident spouse, or
  • your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.
• You entered into the marriage in good faith, not solely for immigration benefits.
• You have resided with your spouse.
• You are a person of good moral character

Edited September 29, 2017 by gramercy

[GWMAW 22]

I am talking about the EAD card, the four months are over, going to the fifth one. Need some advise please

[gramercy 141]

9 minutes ago, GWMAW said:

Helol everyone, 

 

I need some advise please. My i360 is still pending.  I file i756( work permit) and other forms for AOS in late May this year. Till today, which is four months (120 days) since I filed no decision made yet. Need some advise on what to do please. My husband us a USC

@GWMAW

What category did you select on your I-765?

If it is C9 then your EAD should be sent within 90 days when it takes longer than this time you may submit a written request to  expedite processing your EAD and also ask your representative (congressman) to inquire on your behalf.

 

if  you chose C31 it means your EAD will be processed AFTER the VAWA  approved, this can be fixed by submitting a new I-765 with C9 + expediting request.

Edited September 29, 2017 by gramercy

[Adella2016 20]

7 minutes ago, gramercy said:

I'm not convinced ... she is still married to the abusive  LPR at the time she decided to file for VAWA.    I don't understand the lawyer saying it doesn't count abuse COUNTS as long as he marriage is legitimate.

 

https://www.uscis.gov/humanitarian/battered-spouse-children-parents#spouse

 

 

 

Eligibility Requirements for a Spouse

• Qualifying spousal relationship:
  • You are married to a U.S. citizen or permanent resident abuser or
  • your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition, or
  • your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or
  • you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
• You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse:
  • You have been abused by your U.S. citizen or permanent resident spouse, or
  • your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.
• You entered into the marriage in good faith, not solely for immigration benefits.
• You have resided with your spouse.
• You are a person of good moral characterEligibility Requirements for a Spouse
• Qualifying spousal relationship:
  • You are married to a U.S. citizen or permanent resident abuser or
  • your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition, or
  • your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or
  • you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
• You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse:
  • You have been abused by your U.S. citizen or permanent resident spouse, or
  • your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.
• You entered into the marriage in good faith, not solely for immigration benefits.
• You have resided with your spouse.
• You are a person of good moral character

ok, they got married, he was in process getting a green card, he abused her while he was in process, and he got a green card just this month and filled for divorce. BUt they are still married. So its not important was he a permanent resident when they got married?  

[Villanelle 4,122]

4 minutes ago, Adella2016 said:

ok, they got married, he was in process getting a green card, he abused her while he was in process, and he got a green card just this month and filled for divorce. BUt they are still married. So its not important was he a permanent resident when they got married?  

Wait for Sandra to reply.

 

However I believe the lawyer you spoke to is interpreting this part of the law literally "You have been abused by your U.S. citizen or permanent resident spouse"  Technically she wasnt abused by a LPR spouse. She was abused by her spouse who was illegal/student visa or whatever status at the time. No abuse occurred from an LPR. 

[gramercy 141]

3 minutes ago, Adella2016 said:

ok, they got married, he was in process getting a green card, he abused her while he was in process, and he got a green card just this month and filled for divorce. BUt they are still married. So its not important was he a permanent resident when they got married?  

 

My understanding is that the spouse should be a LPR while they are married and at the time she files for VAWA. 

 

 

[Adella2016 20]

1 minute ago, Damara said:

Wait for Sandra to reply.

 

However I believe the lawyer you spoke to is interpreting this part of the law literally "You have been abused by your U.S. citizen or permanent resident spouse"  Technically she wasnt abused by a LPR spouse. She was abused by her spouse who was illegal/student visa or whatever status at the time. No abuse occurred from an LPR. 

thank your for answer. But it seems not fair, its still the same person though and They are still married. 

[Villanelle 4,122]

I dont necessarily agree. What if I went to Poland with my husband. He abuses me while we are there. Does that mean I should be entitled to live in Poland now?  If after we separated he becomes legal in Poland- does that give me a right to residency there as well?

[Adella2016 20]

Just now, Damara said:

I dont necessarily agree. What if I went to Poland with my husband. He abuses me while we are there. Does that mean I should be entitled to live in Poland now?  If after we separated he becomes legal in Poland- does that give me a right to residency there as well?

yes it does, because you live in the same house, you share everything, you have the same budget. Since you work 12 hours a day, and your husband uses your money, whenever he wants to, you have to be eligible to stay in the country, whatever the country is. I know, last year (correct me if I am wrong) came out the law, if your spouse has a work visa, you can still apply for VAWA. So what is the difference? 

[gramercy 141]

14 minutes ago, Damara said:

I dont necessarily agree. What if I went to Poland with my husband. He abuses me while we are there. Does that mean I should be entitled to live in Poland now?  If after we separated he becomes legal in Poland- does that give me a right to residency there as well?

If you're still legally married to the abuser and were not served with divorce documents, you should have that right.

 

Just like if you earn more or win the lottery he may try to claim half your earnings. She's abused, and her marriage failed obviously only trying to stay where she's already been living and working!

Edited September 30, 2017 by gramercy