Can I file for VAWA?

[Russel 0]

We met in my home country when my sister's fiance visited us. He brought his friend with him (my husband) four of us travelled a lot and we really had A good time. That time my j1 papers were already processing and i told him we could meet when I arrive in the states. I arrived here 4 mos later. Long story short, we fell in love and decided to get married before i go back to my home country. 1 week after my flight, we decided not to go back to my country since I don't have the 2 year residency rule. We were about to file the petition but he just texted me that he will not file the petition because he got laid off his job (which is not true) after almost a year, he messaged me that he's back in my home country (we came from the same country) and met a woman. He said he wanted divorce. After 3 mos, he talked to saying he wants to work things out and we moved in the same place. We filed the petition and i already have my ead. But last month, he said he's not gonna show up in the interview. I don't know what to do anymore, he's been saying a lot of bad stuff about me. I am so stressed with what's happening. First, I stayed here because he told me not to go back. Then he just abandoned me, leaving me without money and without work. My visa was already expired so i could not go to work. I stayed with my friends because there's nobody else I could go to. I went to his house several times, messaged him, called him. I just dont wanna go back to my country after getting abandoned. My family is christian. Marriage is important to us. I don't want them to abandon me too. So i tried all my best to get back to my husband. He's threatening me that he will not show up in the interview and he wants me to have a bad life. I'm getting bad again. I'm so depressed and i'm having a lot of suicidal thoughts. I dont wanna go back to my country because I'm still married and when he says he wants divorce, he wouldn't sign the papers. I didnt want to stay here in the states for good but we fell in love. I wanted to stay here so I could be with him. But he keeps on abandoning me and puts me on distress. I was 19 and he was 32 when we got married. I fell in love with him because he took good care of me and was very nice. I just don't know what to do. I dont wanna be placed on removal proceedings. My lawyer said I could file for VAWA since he abused me emotionally and physically. Especially, for abandoning me.

[Redheadguy03 505]

Do you have evidence that he abused you? You need evidence, and so far all you've said is he isn't too nice of a guy. 

Abandoning people happens I'm not sure if it falls under VAWA. 

Edited January 4, 2018 by Redheadguy03

[Russel 0]

Just medical records when I went to phsychiatrist. He told me he will show up i  the interview if i pay him $17,000. I dont want to do something bad like having a fraud marriage. I thought what we had was real but he just asked me for money after 2 yrs of getting married. 

[Pinkrlion 2,724]

USCIS will acknowledge that you may have been in an unhealthy relationship where your spouse may have shown a great deal of apathy towards you and your relationship, was often unkind, and did not respect your thoughts and desires. Marital tensions and incompatibilities such as apathy towards the relationship by one party, name calling, infidelity, dishonesty, or substance abuse of a spouse, which place strains, sometimes severe enough to result in a marriage's disintegration, do not by themselves, constitute extreme cruelty.

 

if your lawyer feels u have a case, what is ur question?

[Russel 0]

I just want to know if there's any way that I could not get deported or to be placed in removal proceedings. He was the one who asked me to stay here just to make my life miserable. Since he already asked me for money, i feel like he would ask for money to sign the divorce papers.

[Ischnura 285]

Wouldn't your family be more concerned with you being in another country unable to support yourself? Swallow your pride, divorce the guy and go home where you can at least get a hug and some moral support. He can't force you to be married to him forever either. If he won't sign eventually it'll be considered uncontested and approved. You don't have to be in the US to wait it out or anything either. 

[Pinkrlion 2,724]

8 minutes ago, Russel said:

I just want to know if there's any way that I could not get deported or to be placed in removal proceedings. He was the one who asked me to stay here just to make my life miserable. Since he already asked me for money, i feel like he would ask for money to sign the divorce papers.

No one can answer that question.  

Edited January 4, 2018 by Pinkrlion

[Russel 0]

I would like to go home but my sister would be become a USC through marriage after a year and she's planning to petition my parents here in US. So if I go home, i would be banned going back here and I would be alone in my country. I just feel like i dont deserve all of this because of the man i fell in love with, abandoned me and just playing with my feelings and making my life miserable.

[Ischnura 285]

 So you'll be 22ish by that time. Go home and have a life of your own. If the biggest consequence of you being divorced is bruised pride and that your parents would have to come back to visit you if/when they relocate to the US it has to be better than being miserable and alone with someone trying to extort you for staying. Think about yourself in all of this, not your sister or your parents and what everyone might be doing in a few years time. 

[Russel 0]

Well I met a guy and became friends before I got married. He's a US military and he knows my situation. He was there for me the whole time as a friend. After my husband abandoned me again the last time, he told me that he loves me since the day he met me but i had a boyfriend that time (currently husband) so he just stayed as a friend and i realized that this guy have been here with me the whole time and waited for me. I fell in love with him. He wants me to stay here and if there's any way to withdraw the petition without getting deported, file for divorce and he's planning to marry me and file for the petition. 

[Ischnura 285]

This new guy needs to go speak to his CO about it all. Best advice I have for the night. 

[Pinkrlion 2,724]

Now u are walking the fraud line.

[Hypnos 6,576]

It doesn't sound as if you have a case under VAWA. 

[Going through 5,671]

Without proof of abuse, will be very hard to be approved for VAWA.

 

 

9 hours ago, Russel said:

He wants me to stay here and if there's any way to withdraw the petition without getting deported, file for divorce and he's planning to marry me and file for the petition. 

You can withdraw your petition in writing to USCIS.  

 

Also note that a quick 2nd marriage after a quick 1st divorce can make it appear that your 2nd marriage was not entered into with bonafide intent (in other words, it will look like you got married to the 2nd guy just to stay in the US and file for AOS).

 

10 hours ago, Russel said:

I would like to go home but my sister would be become a USC through marriage after a year and she's planning to petition my parents here in US. So if I go home, i would be banned going back here and I would be alone in my country

I'm not sure I understand why you think you would be "banned" from ever entering the US again if you went back to your home country?

 

[Boiler 45,584]

She can also petition you and your Parents can petition you when you are divorced and they have their GC.

 

Obviously a wait.