PLEASE HELP ME IT’s URGENT!!!! K2 over 21 and is in VAWA case of K1 ( who is already married but things happened)

[Hphn1395 0]

Hi everyone. 

I am 22 years old. I came to the US on Nov 14 2015. So here is the case

 

My mom is a K1. She has me and my brother K2. My bd is Sept 13,95 and my Bro is way under 21 so I won’t mention ab him. The thing is my mom and my stepfather got married within 30 days of the married license. I don’t remember if it was within 30 or 60 but everything was done. My family have everything ready and we had letter to uscis for interview. However my mom was mentally abused by her husband. She didn’t know that those things her husband said was mentally abusing her. She couldn’t take it anymore because he kept threatening us he will file divorce and make them deport us. We were so scared although we didn’t do anything’s wrong to him.

 

So anyway that day we was having an interview at uscis. He said with the officer he doesn’t want to petition us anymore and he will get divorce blah blah. The officer said the green cards for my family were approved and wonder if he still wants to petition us but he said he would want it canceled 😢. My mom talked to the officer alone and tell him how she was treated and how he talked ab her make her feel stupid. (Of course at that time she had her evidence on her viber but now she lost it because viber keeps updating and erases the old messages)

 

so she lived in confidental house. Has someone help her with our case which is VAWA. The person from the shelter helps us send the new files now to uscis before i turn 21. But then uscis return our files and said we need to sign again. Then we signed again and submitted it after i turn 21. This week they receive mails from uscis saying that they need more evidence ab the abusing, ab the marriage was the a fraud and something else. Although she lost her messages as evidence, we have people who can prove that hers was a good faith marriage. Ok now is my part

 

I m dating and living with my current boyfriend who is a usc. We have been living with each other for more than 1 y and a haft. We want to get married but put me in the situation above with my case status. I don’t know if I get married I can adjust the status or not. Can you help me it s urgent. My employment card expires March 2018 so please please help me with my super complicated case? 

[geowrian 22,337]

2 hours ago, Hphn1395 said:

The officer said the green cards for my family were approved and wonder if he still wants to petition us but he said he would want it canceled

I'm not sure what this means? If the petitioner withdraws the I-864, the green cards cannot be approved. The green cards are not are not actually approved at the interview, and it sounds like it wasn't approved since your mom is now looking at VAWA.

Also, he went to the interview and said he wanted a divorce? Did she know he wanted a divorce? It may look like she was trying to trick the IO by continuing the AOS process despite the marriage being broken down.

 

2 hours ago, Hphn1395 said:

This week they receive mails from uscis saying that they need more evidence ab the abusing, ab the marriage was the a fraud and something else. Although she lost her messages as evidence, we have people who can prove that hers was a good faith marriage.

They typically ask for evidence of the abuse and evidence of entering the marriage in good faith. Both items must be satisfied....just showing that she entered the marriage in good faith won't qualify her for VAWA. As for showing the marriage was entered in good faith, affidavits carry very little to no weight. They want things like evidence of living together, joint bank accounts, being on each other's insurance and/or retirement policies, wills, photos together, etc.

 

Filing after you turned 21 may be a non-starter for you...I'm not familiar enough with the I-360 to say for sure, but from what I have read, it sounds like they rejected the first filing when you were under 21...so it's like it never happened.

 

2 hours ago, Hphn1395 said:

I m dating and living with my current boyfriend who is a usc. We have been living with each other for more than 1 y and a haft. We want to get married but put me in the situation above with my case status. I don’t know if I get married I can adjust the status or not. Can you help me it s urgent. My employment card expires March 2018 so please please help me with my super complicated case? 

You can marry and do concurrent filing of an I-130 + I-485. The above VAWA case does not prevent you from doing so. Technically, they should not prejudice the marriage because of a past VAWA-based filing, but realistically, I would say be ready for heavy scrutiny of the legitimacy of the marriage. They may assume you are only marrying to try to stay in the US given your past filings (and potentially to petition your mother if her case is denied). Be sure to present lots of evidence of a bona fide relationship and subsequent marriage. Living together for a year is probably your strongest piece of evidence.

 

Guide: http://www.visajourney.com/content/i130guide2

[NigeriaorBust 4,087]

  Join the vawa tread here.  There are special rules for that ,  but I don't think anything to help your brother. 

 

 

[Hphn1395 0]

5 hours ago, geowrian said:

 

 

You can marry and do concurrent filing of an I-130 + I-485. The above VAWA case does not prevent you from doing so. Technically, they should not prejudice the marriage because of a past VAWA-based filing, but realistically, I would say be ready for heavy scrutiny of the legitimacy of the marriage. They may assume you are only marrying to try to stay in the US given your past filings (and potentially to petition your mother if her case is denied). Be sure to present lots of evidence of a bona fide relationship and subsequent marriage. Living together for a year is probably your strongest piece of evidence.

 

Guide: http://www.visajourney.com/content/i130guide2

Well basically I just wanted to ask that given my situation under my family (the vawa) circumstances that I can get married and then adjust status or not?

Since you said so, i will get married now since my marriage is legit. 

[JFH 12,190]

*~*~*moved from "IMBRA special topics" to "effects of major family changes" where similar VAWA questions are asked*~*~*

[Sandra G. 5,048]

On 10/27/2017 at 11:02 AM, geowrian said:

I'm not sure what this means? If the petitioner withdraws the I-864, the green cards cannot be approved. The green cards are not are not actually approved at the interview, and it sounds like it wasn't approved since your mom is now looking at VAWA.

Also, he went to the interview and said he wanted a divorce? Did she know he wanted a divorce? It may look like she was trying to trick the IO by continuing the AOS process despite the marriage being broken down.

 

They typically ask for evidence of the abuse and evidence of entering the marriage in good faith. Both items must be satisfied....just showing that she entered the marriage in good faith won't qualify her for VAWA. As for showing the marriage was entered in good faith, affidavits carry very little to no weight. They want things like evidence of living together, joint bank accounts, being on each other's insurance and/or retirement policies, wills, photos together, etc.

 

Filing after you turned 21 may be a non-starter for you...I'm not familiar enough with the I-360 to say for sure, but from what I have read, it sounds like they rejected the first filing when you were under 21...so it's like it never happened.

 

You can marry and do concurrent filing of an I-130 + I-485. The above VAWA case does not prevent you from doing so. Technically, they should not prejudice the marriage because of a past VAWA-based filing, but realistically, I would say be ready for heavy scrutiny of the legitimacy of the marriage. They may assume you are only marrying to try to stay in the US given your past filings (and potentially to petition your mother if her case is denied). Be sure to present lots of evidence of a bona fide relationship and subsequent marriage. Living together for a year is probably your strongest piece of evidence.

 

Guide: http://www.visajourney.com/content/i130guide2

VAWA standards are not the  same used in family based  spousal  petitions.  Family petition the  beneficiary  must have primary evidence  showing a bonafide marriage. VAWA  self petitioners  can use secondary  evidence such as affidavits from family and friends to prove a bonafide marriage. 

[Sandra G. 5,048]

Your brother qualifies as VAWA derivative  because he was  under 21  when the VAWA  petition  was filed, you do not qualify anymore.

 

Tell your mom to join the  VAWA thread part 9. 

 

[Sandra G. 5,048]

On 10/27/2017 at 4:45 PM, Hphn1395 said:

Well basically I just wanted to ask that given my situation under my family (the vawa) circumstances that I can get married and then adjust status or not?

Since you said so, i will get married now since my marriage is legit. 

You can get married now, but you need to have solid  proof that you  are entering   into marriage in good faith.