Am I eligible?

[Amberly 0]

Hi guys, I really need help in here.

I am a gay man on a overstayed tourist visa married to my spouse for 8/9 months. We’ve been together for the past two years and through the relationship alcohol always been a huge issue. He had physically hurted me ( and I have pictures of one of these occasions). And I always would try to save as much as prove because i would never know what could happen. My problem is that not far ago i caught him cheating on me in our living room and I couldnt think of anything else but recording it so he could see what a mess he is. I’ve got really frustrated and upset so i wanted to break up but even tho all this happened I think its not fait to me putting up with all of this anymore since the insults and physical abuses would occurred almost every night now that we broken up ( even though we are not together I am  still at ou house  because  i have no where else to go and, well,  here is where i have everything too although he always brings up the fact that he is the one supporting us and the house he also now wants divorce and keeps threatening me about papers and making dark jokes like “ should I call the immigration? im not that low... “ 

 

even though i got into this relationship already with a overstayed visa, am i eligible to apply for VAWA ? After he cheats on me he gets drunk again and said and do awful things to me in the house ? I am really scared to leave and i dont even know how to begin this process

have a great week everyone.

thanks in advance!!! 

[Going through 5,671]

Overstay on the tourist visa is not a factor with applying for VAWA.  

 

 

Where exactly in the process are you?  Have you filed for AOS already, have you received your 2-year conditional GC?  Have you filed any application at all with USCIS since you got married 8 months ago?

Edited December 11, 2017 by Going through

[belinda63 3,038]

Are you legally married?

[Amberly 0]

14 minutes ago, Going through said:

Overstay on the tourist visa is not a factor with applying for VAWA.  

 

 

Where exactly in the process are you?  Have you filed for AOS already, have you received your 2-year conditional GC?  Have you filed any application at all with USCIS since you got married 8 months ago?

what di you mean “ is not a factor” ? 

I do know. My only concern is that being on a overstayed turist visa would i be able to apply for VAWA? we never actually started the process I trusted him and the money would always go to something else like this new apt we are... im literally marrried and this is it.

Thanks for answering by the way! 

[Amberly 0]

2 minutes ago, belinda63 said:

Are you legally married?

Yes, I am, Belinda63 ! 

 

 

[Going through 5,671]

5 minutes ago, Amberly said:

what di you mean “ is not a factor” ? 

It (the overstay) does not make you automatically ineligible for filing the VAWA form, speaking generally.  

Whether you would get approved for VAWA is a different matter, of course.

It becomes a bit of a stickier situation since you got married 9 months ago, but never filed the AOS paperwork as of yet, and the marriage has broken down before any filing.  That's not to say it's impossible to get through, though.

Edited December 11, 2017 by Going through

[Amberly 0]

1 minute ago, Going through said:

It (the overstay) does not make you automatically ineligible for filing the VAWA form.  

Whether you would get approved for VAWA is a different matter, of course.

Oh, I see. i just wanna get out of this relationship and be able to start over . If apply for that, Is he gonna be charged or do i have to press charged against him? 

[Amberly 0]

because I am really tired of all the insults and agression physical psychological...

Please, guys, help me to figure this out. 

[geowrian 22,337]

1 hour ago, Amberly said:

Oh, I see. i just wanna get out of this relationship and be able to start over . If apply for that, Is he gonna be charged or do i have to press charged against him? 

First, make sure you're in a safe area. Immigration comes after you're safe.

 

He won't be charged via anything with immigration. If you want to press charges, then that's a separate issue. That said, a VAWA claim requires proof of physical and/or mental abuse.

[Amberly 0]

34 minutes ago, geowrian said:

First, make sure you're in a safe area. Immigration comes after you're safe.

 

He won't be charged via anything with immigration. If you want to press charges, then that's a separate issue. That said, a VAWA claim requires proof of physical and/or mental abuse.

thanks for the tips. I cant find the pictures I think he deleted it. I haven’t any other proof how am i gonna proof mental abuse? i have a video of him making out with someone else in our living room. is that enough? 

[NigeriaorBust 4,087]

  An unfaithful spouse is not grounds for a vawa claim ,  taking a vidoe of your partner in a sex also is not proof .  The picture you took of the bruise did you also file a police report or he can just say you bumped into a table and blamed him.  There is a VAWA thread here that you can join and the woman that monitors it is a very good lawyer on the subject

 

[geowrian 22,337]

24 minutes ago, Amberly said:

thanks for the tips. I cant find the pictures I think he deleted it. I haven’t any other proof how am i gonna proof mental abuse? i have a video of him making out with someone else in our living room. is that enough? 

Cheating by itself is not sufficient cause for a VAWA claim.

I suggest checking out the VAWA thread for specifics to deal with a VAWA claim:

http://www.visajourney.com/forums/topic/646126-vawa-part-9/?page=94

[Ontarkie 14,236]

~~Moved to Effects of Major Family Changes, from AOS From Work, Student and Tourist Visas Updates. - As similar topics are discussed here.~~

[mcdull 474]

6 hours ago, Amberly said:

Oh, I see. i just wanna get out of this relationship and be able to start over . If apply for that, Is he gonna be charged or do i have to press charged against him? 

Then get a divorce and move back to your country.  Be safe and good luck. 

[Sandra G. 5,048]

10 hours ago, Amberly said:

Hi guys, I really need help in here.

I am a gay man on a overstayed tourist visa married to my spouse for 8/9 months. We’ve been together for the past two years and through the relationship alcohol always been a huge issue. He had physically hurted me ( and I have pictures of one of these occasions). And I always would try to save as much as prove because i would never know what could happen. My problem is that not far ago i caught him cheating on me in our living room and I couldnt think of anything else but recording it so he could see what a mess he is. I’ve got really frustrated and upset so i wanted to break up but even tho all this happened I think its not fait to me putting up with all of this anymore since the insults and physical abuses would occurred almost every night now that we broken up ( even though we are not together I am  still at ou house  because  i have no where else to go and, well,  here is where i have everything too although he always brings up the fact that he is the one supporting us and the house he also now wants divorce and keeps threatening me about papers and making dark jokes like “ should I call the immigration? im not that low... “ 

 

even though i got into this relationship already with a overstayed visa, am i eligible to apply for VAWA ? After he cheats on me he gets drunk again and said and do awful things to me in the house ? I am really scared to leave and i dont even know how to begin this process

have a great week everyone.

thanks in advance!!! 

Yes you can file Vawa. If you don't have a police report you must have attend 5/7 therapy  sessions and have a psychological evaluation done if you have a diagnose of depression or post-traumatic disorder then you have a VAWA case , considering that you can prove bonafide marriage.

 

Uscis does not consider cheating abuse then do not waste your time writing about cheating in your own affidavit. I mean you can mention about the cheating  briefly but the psychologist doesn't have to write about this in your evaluation. Get police clearance from all places that you lived  in the past 3 years. If you live here less than three years.

 

Get affidavits from your family back home stating about  bona fide marriage and about the abuse if they know about the abuse. They must have write down date and place of birth and present address.