VAWA, Part 9

[Lemonslice 4,945]

2 hours ago, Marrienne said:

Hello friends,
I never in a million years thought I would be posting in this forum but here I am.

A quick background: my husband is a USC and we moved to the US 15 months ago on a CR-1. I have two children from my 1st marriage and we have 1 child together (who is also a USC).

 

Things were going ok, we had both found jobs etc until last February. He stopped working (I will explain why in a bit), so I had to pile more and more hours so we could keep things paid and the kids fed. As a result I was away from the house most days of the week. My husband felt "neglected" so he found a girlfriend.
For months I suspected until in May I actually caught them! 
By that time, my husband was seeking prescription drugs (morphine) and was doctor hopping, trying to get it. They flagged his chart at that time as "drug seeking behavior". He also overdosed a couple times and I called 911, and he was hospitalized. He was also diagnosed with heart failure because of the drugs.

After these events, his family revealed to me in late May that my husband is a Bipolar and also has Borderline Personality Disorder. As a teenager he was in mental institutions several times and pretty much every story he had told me about his life, was a lie.

We started medication for the bipolar disorder but there is no medication for the Borderline Personality Disorder.  Also, 911 and the police were called (and a report has filled) because he was suicidal. 

At that time, he was "Too sick" to work, so now we are several thousand dollars in the hole and of course *we no longer co-mingle finances* because he has no income.

To make matters worse, he is horrible to my boys from my 1st marriage, to the point both are in therapy. The school has been notified and a social worker got involved. So far no CPS has been called.
All of these incidents are documented of course because I have called the police or 911 when they happened.

He finally ended the relationship in July with the other woman and as far as I know, it is over. However I no longer care. When I found out about the affair, I gave him a chance. We went to marriage counceling during which he was lying the whole time because he was still with her and had no plans to let her go.
His parents got involved and have been on my side. They can testify to everything. His sister even caught them in my house while I was out working. She can testify.

 

I have a 2 year conditional GC . I must file for the 10 year in March 2018. A divorce right now it out of the question because a)  I have NO money and b) there is not enough time for it to be final.
I want to file under the Abuse Act. I have several witnesses, including the boys (12 years old), their teachers, the social workers, their therapists and my in laws and sister in law. I also have gone and reported it to the YWCA where they assigned me a therapist.

Of course the police and 911 reports are available. He was in a car accident with the other woman in May so we have that report as well to prove the infidelity. I also have logs and messages between them (I tagged his phone after I found out).

Will you please direct me? Where can I find more about filling under abuse? What evidence do I need to have? Do I have enough?
oh, let me add that I have his medical files as well as I attended his psychology and psychiatry appointments when I still thought there was a chance for our marriage to work. His therapists know me, I am listed as his contact, and they know that I loved him and tried to help him.

I can no longer live with the abuse he inflicts on me and my boys. 
Please help me with resources. Personal stories and experiences are welcome as well.

Thank you so much for your time.
M.

What's your goal? Stay in the US or move back home? I would think long and hard about what's best and prepare my divorce/escape accordingly. 

[azalea3 28]

3 hours ago, Marrienne said:

Hello friends,
I never in a million years thought I would be posting in this forum but here I am.

A quick background: my husband is a USC and we moved to the US 15 months ago on a CR-1. I have two children from my 1st marriage and we have 1 child together (who is also a USC).

 

Things were going ok, we had both found jobs etc until last February. He stopped working (I will explain why in a bit), so I had to pile more and more hours so we could keep things paid and the kids fed. As a result I was away from the house most days of the week. My husband felt "neglected" so he found a girlfriend.
For months I suspected until in May I actually caught them! 
By that time, my husband was seeking prescription drugs (morphine) and was doctor hopping, trying to get it. They flagged his chart at that time as "drug seeking behavior". He also overdosed a couple times and I called 911, and he was hospitalized. He was also diagnosed with heart failure because of the drugs.

After these events, his family revealed to me in late May that my husband is a Bipolar and also has Borderline Personality Disorder. As a teenager he was in mental institutions several times and pretty much every story he had told me about his life, was a lie.

We started medication for the bipolar disorder but there is no medication for the Borderline Personality Disorder.  Also, 911 and the police were called (and a report has filled) because he was suicidal. 

At that time, he was "Too sick" to work, so now we are several thousand dollars in the hole and of course *we no longer co-mingle finances* because he has no income.

To make matters worse, he is horrible to my boys from my 1st marriage, to the point both are in therapy. The school has been notified and a social worker got involved. So far no CPS has been called.
All of these incidents are documented of course because I have called the police or 911 when they happened.

He finally ended the relationship in July with the other woman and as far as I know, it is over. However I no longer care. When I found out about the affair, I gave him a chance. We went to marriage counceling during which he was lying the whole time because he was still with her and had no plans to let her go.
His parents got involved and have been on my side. They can testify to everything. His sister even caught them in my house while I was out working. She can testify.

 

I have a 2 year conditional GC . I must file for the 10 year in March 2018. A divorce right now it out of the question because a)  I have NO money and b) there is not enough time for it to be final.
I want to file under the Abuse Act. I have several witnesses, including the boys (12 years old), their teachers, the social workers, their therapists and my in laws and sister in law. I also have gone and reported it to the YWCA where they assigned me a therapist.

Of course the police and 911 reports are available. He was in a car accident with the other woman in May so we have that report as well to prove the infidelity. I also have logs and messages between them (I tagged his phone after I found out).

Will you please direct me? Where can I find more about filling under abuse? What evidence do I need to have? Do I have enough?
oh, let me add that I have his medical files as well as I attended his psychology and psychiatry appointments when I still thought there was a chance for our marriage to work. His therapists know me, I am listed as his contact, and they know that I loved him and tried to help him.

I can no longer live with the abuse he inflicts on me and my boys. 
Please help me with resources. Personal stories and experiences are welcome as well.

Thank you so much for your time.
M.

I am so sorry for the heartbreak that you are going through. Unfortunately as others have described here, the spouse's cheating/infidelity is not grounds for VAWA. I also don't think your spouse having a mental health diagnosis of Bipolar or Borderline is proof or grounds for VAWA. Apart from the cheating, if you were psychically, sexually, financially or psychologically battered by your spouse and you can prove it through witness declarations, psychological evaluations, police or hospital records, etc., then you can file under VAWA. On the USCIS website, it also states that you can file as an abused spouse if your child was abused by your spouse (see below). Please gather your information and see a lawyer who has experience with VAWA to see if you can make a case. You can also read the previous threads on this forum to get a sense of what kinds of evidence people have to submit along with a VAWA application. Also, if you are being abused, please do not stay with your partner. Take your kids and go to a shelter. Don't stay because you are financially dependent on your spouse. There are several programs through local shelters and charities that can help you. It is very easy for abuse to escalate to dangerous levels. Please don't place yourself or your kids in any danger.

 

From the USCIS website:

Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse.  You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.

 

 

[miloy001 26]

5 hours ago, Marrienne said:

I have a 2 year conditional GC . I must file for the 10 year in March 2018. A divorce right now it out of the question because a)  I have NO money and b) there is not enough time for it to be final.

Since you have a conditional GC, you do not need to file VAWA I-360. Instead, you may be able to file I-751 with a waiver based on abuse or battering  for permanent residency.

 

[Thanksyouall 3]

On 10/9/2017 at 2:18 PM, sandranj said:

I am sorry but I can't  advise  regarding your EAD because you have an attorney  representing you.

 

Chicago  will touch your l765 in the order the form was received, you  can check the timeline  in the USCIS web site

 

Hi Sandra,

 

Thanks for replying on my question.

[Cindygodisgood1 57]

Any idea what month they are working on ? I filed in November still no answer 

[iwillsurvive 254]

44 minutes ago, Cindygodisgood1 said:

Any idea what month they are working on ? I filed in November still no answer 

They should be getting to November now but there are still outstanding September petitions, so I would be patient for a couple more months. 

[Over come 50]

1 hour ago, Cindygodisgood1 said:

Any idea what month they are working on ? I filed in November still no answer 

Sandraj Posted.

 

VSC started adjudicating  the VAWA cases received in Nov 2016, but they still have cases pending filed in Sep and October, 2016.

 

[Cindygodisgood1 57]

4 minutes ago, #Godgotthis said:

Sandraj Posted.

 

VSC started adjudicating  the VAWA cases received in Nov 2016, but they still have cases pending filed in Sep and October, 2016.

 

Thank u everyone for replying to my question its a hard long wait 

[sunkissed1 6]

Hello Everyone, I am new here and I will appreciate your input. I filed for vawa+EAD in June of this month. I got a prima facie in end of August. It's been 110 days since my application was received, and I haven't heard anything again. I was hoping by now I would have received an approval of some sort. Either for the vawa or ead. Am I missing something?

 

b. Can I apply for a status change with the I-485 now, or I need to wait? Thank you for your help.

 

***I hope I posted at the right place. Can't seem to figure the sight out yet LOL

[NICOLA2017 82]

6 minutes ago, sunkissed1 said:

Hello Everyone, I am new here and I will appreciate your input. I filed for vawa+EAD in June of this month. I got a prima facie in end of August. It's been 110 days since my application was received, and I haven't heard anything again. I was hoping by now I would have received an approval of some sort. Either for the vawa or ead. Am I missing something?

 

b. Can I apply for a status change with the I-485 now, or I need to wait? Thank you for your help.

 

***I hope I posted at the right place. Can't seem to figure the sight out yet LOL

Hi so as far as I understand here your vawa is no where near to be approved. On this forum we have person who filed for vawa from 2016 and still awaiting approval ...re your EAD  not sure how long it's suppose to take .a senior member on here will address that part ... I filed my vawa may 2017 for prima facie nothing more ...still have about 6 months to go the least I put it ..

[miloy001 26]

4 minutes ago, sunkissed1 said:

Hello Everyone, I am new here and I will appreciate your input. I filed for vawa+EAD in June of this month. I got a prima facie in end of August. It's been 110 days since my application was received, and I haven't heard anything again. I was hoping by now I would have received an approval of some sort. Either for the vawa or ead. Am I missing something?

 

b. Can I apply for a status change with the I-485 now, or I need to wait? Thank you for your help.

 

***I hope I posted at the right place. Can't seem to figure the sight out yet LOL

First of all, 110 days is not long enough to for your VAWA I-360 to be approved currently.

If your abusive spouse or ex-spouse is an US citizen, you can file I-485 with your I-360 receipt and EAD under C9. Your EAD may be approved within 2-3 months. When you filed I-360 + EAD as in your post, the EAD should be under category C31, which will only be approved after I-360 is approved.

 

[iwillsurvive 254]

13 minutes ago, sunkissed1 said:

Hello Everyone, I am new here and I will appreciate your input. I filed for vawa+EAD in June of this month. I got a prima facie in end of August. It's been 110 days since my application was received, and I haven't heard anything again. I was hoping by now I would have received an approval of some sort. Either for the vawa or ead. Am I missing something?

 

b. Can I apply for a status change with the I-485 now, or I need to wait? Thank you for your help.

 

***I hope I posted at the right place. Can't seem to figure the sight out yet LOL

VAWA currently takes 10-12 months to be adjudicated, so you should not expect a decision before summer 2018. After that it takes another 6-9 months for I-485/Green Card.

 

EAD under category C9 (if you have a pending I-485) takes around 90 days. 

 

VAWA is a long journey that requires patience. 

Edited October 11, 2017 by iwillsurvive

[sunkissed1 6]

Just now, miloy001 said:

First of all, 110 days is not long enough to for your VAWA I-360 to be approved currently.

If your abusive spouse or ex-spouse is an US citizen, you can file I-485 with your I-360 receipt and EAD under C9. Your EAD may be approved within 2-3 months. When you filed I-360 + EAD as in your post, the EAD should be under category C31, which will only be approved after I-360 is approved.

 

Thank you miloy001, so my question is, can I go ahead now and turn in the application for I-485 whiles I wait? Or I have to wait for the VAWA is approved? 

[sunkissed1 6]

1 minute ago, iwillsurvive said:

VAWA currently takes 10-12 months to be adjudicated, so you should not expect a decision before summer 2018. 

 

EAD under category C9 (if you have a pending I-485) takes around 90 days. 

 

VAWA is a long journey that requires patience. 

Thank you so much. Can I submit the I-485 now? I didn't add it to the initial application.  If I can, how do I go about it, so they will all be together? 

[sunkissed1 6]

8 minutes ago, miloy001 said:

First of all, 110 days is not long enough to for your VAWA I-360 to be approved currently.

If your abusive spouse or ex-spouse is an US citizen, you can file I-485 with your I-360 receipt and EAD under C9. Your EAD may be approved within 2-3 months. When you filed I-360 + EAD as in your post, the EAD should be under category C31, which will only be approved after I-360 is approved.

 

Can I turn in th I-485 now to expedite the issuance of the EAD? Or its too late? Thank you.