Can I file for VAWA?

[Russel 0]

2 hours ago, Going through said:

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

 

 

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).

 

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?

 

Because I overstayed my visa. I already had my plane ticket and already packed my things but my husband told me not to go home because he didnt want to be away from me. That's why I stayed but he just abandoned me. 

[Russel 0]

30 minutes ago, Boiler said:

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

 

Obviously a wait.

I can definitely wait but if he doesn't show up in the GC interview, my gc would be denied and i will be placed in removal proceedings. 

[Russel 0]

We will not get married right away. Maybe after a year of my divorce. We have a lot of proofs and i think him being a military would be a plus point because they won't think that he'll go into relationship that is not true and just to give me a gc. 

[NoProblem 69]

14 hours ago, Russel said:

he abused me emotionally and physically

You described emotional abuse but not physical.  Are you sure its both. If its both you may have a chance under VAWA.

[Going through 5,671]

6 minutes ago, Russel said:

We have a lot of proofs

Proof of what?  You're not married to him yet.   

Any "proof" you have of developing the 2nd relationship during your marriage works against you, not for you, certainly during divorce proceedings at least.

 

7 minutes ago, Russel said:

i think him being a military would be a plus point because they won't think that he'll go into relationship that is not true and just to give me a gc. 

Not a "plus point" in any way.  People from all walks of life are scammed/scammers.  

[Ischnura 285]

 Your odds don't look great to be honest. You're an overstay, if you cancel the current petition you'll be out of legal status and accumulating more overstay, plus subject to possible/probable deportation. If you go home you say you'll be subject to a ban so I'ma assume you've been here long enough to know.

 The other option you've found - does he live in the barracks? What's his rank? If you cancel the current petition/divorce then what? You can't come back for years if you're banned and you can't stay here a whole year out of status with zero means to support yourself. And the new guy probably can't foot the bill either. He can't apply for BAH or Tricare to cover you because you're not married. What would you do if he deployed? Realistically, if/when his COC find out about you and your situation they should be telling him to run for the hills and focus on his career. 

 You don't seem too interested in the VAWA, more that you're clutching at straws to find a way to stay here. 

Edited January 4, 2018 by Ischnura

[Khallaf 650]

28 minutes ago, Russel said:

We will not get married right away. Maybe after a year of my divorce. We have a lot of proofs and i think him being a military would be a plus point because they won't think that he'll go into relationship that is not true and just to give me a gc. 

if you have a lawyer the lawyer would know if you can file the VAWA, there really should be no second guessing if he/she is a good lawyer. If there is emotional, abuse you will need evidence, you will need witness statements, or police reports of physical abuse.

 

I do agree with the others, it sounds like you have just accepted that everyone would take care of you, and you didn't take control of your own life, now you are depending on others to keep you here, better to with drawl your petition, go back to your home country and make a life for yourself, since you over stayed your visa there is a 10 year ban I believe from being able to come back in the country. 

 

If you have proof of the emotional, physical abuse then you should file the needed papers for VAWA.

[MeAlone 161]

5 hours ago, Russel said:

We will not get married right away. Maybe after a year of my divorce. We have a lot of proofs and i think him being a military would be a plus point because they won't think that he'll go into relationship that is not true and just to give me a gc. 

you are young and very confused. If you feel your husband doesn't love you and he doesn't care about your legal status, divorce him, you don't need him to sign, in US you are free to divorce if you wish alone.

if you feel you love the other man and he loves you, marry him if you believe this new marriage may work as a real marriage, just check your state rules to see how long after the divorce you can marry again, you don't need to wait 1 year, wait just the time your state says.

if you divorce your 1st guy and have an overstay, you will have illegal overstay before marrying the 2nd one, it doesn't mean you need to show any evidence about bona fide 1st marriage, you didn't enter US on a K1 visa, you are free to divorce and marry any other guy or 2nd, 3rd, you will be asked questions during your green card interview but if you have the real explanation what happened, nothing is wrong to end the marriage which didn't work and nothing is wrong in to marry again.

deporting you during your overstay gap, I doubt, even if your 1st husband asks for it, the immigration police doesn't go fast for 1 immigrant only and you will be already married at the time if they maybe (maybe not) decide to go after you and the marriage to USC (2nd guy) by immigration law forgives your overstay or illegal working if you did not commit any crime.

ah, and I don't give any illegal advice here, it's a very common situation and many people marry not once, the author of this topic can take her time to see her divorce happen and to marry again, even if it is an overstay time, any reasonable person would.

Good luck, girl and marry him for real

[Redheadguy03 505]

It sounds like you just want to stay in the United States. If your husband doesn't want to be with you then go home. 

[Russel 0]

1 hour ago, MeAlone said:

you are young and very confused. If you feel your husband doesn't love you and he doesn't care about your legal status, divorce him, you don't need him to sign, in US you are free to divorce if you wish alone.

if you feel you love the other man and he loves you, marry him if you believe this new marriage may work as a real marriage, just check your state rules to see how long after the divorce you can marry again, you don't need to wait 1 year, wait just the time your state says.

if you divorce your 1st guy and have an overstay, you will have illegal overstay before marrying the 2nd one, it doesn't mean you need to show any evidence about bona fide 1st marriage, you didn't enter US on a K1 visa, you are free to divorce and marry any other guy or 2nd, 3rd, you will be asked questions during your green card interview but if you have the real explanation what happened, nothing is wrong to end the marriage which didn't work and nothing is wrong in to marry again.

deporting you during your overstay gap, I doubt, even if your 1st husband asks for it, the immigration police doesn't go fast for 1 immigrant only and you will be already married at the time if they maybe (maybe not) decide to go after you and the marriage to USC (2nd guy) by immigration law forgives your overstay or illegal working if you did not commit any crime.

ah, and I don't give any illegal advice here, it's a very common situation and many people marry not once, the author of this topic can take her time to see her divorce happen and to marry again, even if it is an overstay time, any reasonable person would.

Good luck, girl and marry him for real

You are the nicest person ever! Your comment gave me hope. I've been very stressed these past few months. 

 

I didn't do anything wrong as I thought our marriage was real. I tried to fight for our marriage and he said he met someone. He even asked me to pay him $17,000 so he would show up in the interview. I told him no, I wouldn't do that because it's a fraud. People would tell me I just married for GC and just go back home. Just because i'm not the citizen one and he could get away with anything. I almost finish my bachelor's degree to my country, i just have few credits left but i stayed here because he told me to. Now, my university told me that i'm not gonna be able to finish my degree because of overstaying here. I was 19 when I got married, he ruined my life. He manipulated my family saying that I didn't treat him well and I cheated on him. My family told me that I would be alone for the rest of my life because I might get divorced and nobody would accept me anymore. Even though he didn't abuse me physically, he abused me emotionally and mentally. He controlled me. He doesn't even want me to go to gym (that's my hobby). He humiliated me in front of my friends saying that I looked like a drug addict because I was so skinny, he's got more boobs than I am. Forcing me to have a baby even though I don't want to. He filed the petition after 1 year of our marriage. I though he did that because he wants me to stay with him forever but after he filed the petition, he left me again. Maybe he did that on purpose so that I would be deported because he would not show up in the interview.  

[MeAlone 161]

15 minutes ago, Russel said:

You are the nicest person ever! Your comment gave me hope. I've been very stressed these past few months. 

 

I didn't do anything wrong as I thought our marriage was real. I tried to fight for our marriage and he said he met someone. He even asked me to pay him $17,000 so he would show up in the interview. I told him no, I wouldn't do that because it's a fraud. People would tell me I just married for GC and just go back home. Just because i'm not the citizen one and he could get away with anything. I almost finish my bachelor's degree to my country, i just have few credits left but i stayed here because he told me to. Now, my university told me that i'm not gonna be able to finish my degree because of overstaying here. I was 19 when I got married, he ruined my life. He manipulated my family saying that I didn't treat him well and I cheated on him. My family told me that I would be alone for the rest of my life because I might get divorced and nobody would accept me anymore. Even though he didn't abuse me physically, he abused me emotionally and mentally. He controlled me. He doesn't even want me to go to gym (that's my hobby). He humiliated me in front of my friends saying that I looked like a drug addict because I was so skinny, he's got more boobs than I am. Forcing me to have a baby even though I don't want to. He filed the petition after 1 year of our marriage. I though he did that because he wants me to stay with him forever but after he filed the petition, he left me again. Maybe he did that on purpose so that I would be deported because he would not show up in the interview.  

1. the best thing you did is NOT accepting to pay him to go to GC interview, he could accuse you by fraud right there

2. you are very confused and probably depressed, consult the divorce lawyer if you have any right to divide the property maybe that's why he wants you back to your country. Which state are you?

3. you came here on J1, you have no conditions as fiance K1 visa, he didn't bring you here, you married him and you are free to divorce and marry again. You are probably a very nice girl with traditional values if the 2nd guy wants to marry you and you both are lucky if you love each other.

4. you are living in a free country, don't believe any bad talk about divorced and nobody wants you, many women are divorced, men too, everybody is free to look for happiness or to go out from an unhappy and unhealthy marriage

[Russel 0]

2 minutes ago, MeAlone said:

1. the best thing you did is NOT accepting to pay him to go to GC interview, he could accuse you by fraud right there

2. you are very confused and probably depressed, consult the divorce lawyer if you have any right to divide the property maybe that's why he wants you back to your country. Which state are you?

3. you came here on J1, you have no conditions as fiance K1 visa, he didn't bring you here, you married him and you are free to divorce and marry again. You are probably a very nice girl with traditional values if the 2nd guy wants to marry you and you both are lucky if you love each other.

4. you are living in a free country, don't believe any bad talk about divorced and nobody wants you, many women are divorced, men too, everybody is free to look for happiness or to go out from an unhappy and unhealthy marriage

Our estimated gc interview would be april or may. 2nd guy would be deployed in march-november and his enlisment will be finished in march 2019. He said he wants to marry me but for my condition as an overstayed immigrant with the future removal proceedings (if my visa got denied) his commanding officer would not let him marry me as they don't tolerate illegal immigrants. They have a lot of strict rules and i don't want to get him in trouble. That's why he wants me to wait until his enlisment is finished. Do you think I would be deported by that time or is there any other way to delay my removal? 

[MeAlone 161]

10 minutes ago, Russel said:

Our estimated gc interview would be april or may. 2nd guy would be deployed in march-november and his enlisment will be finished in march 2019. He said he wants to marry me but for my condition as an overstayed immigrant with the future removal proceedings (if my visa got denied) his commanding officer would not let him marry me as they don't tolerate illegal immigrants. They have a lot of strict rules and i don't want to get him in trouble. That's why he wants me to wait until his enlisment is finished. Do you think I would be deported by that time or is there any other way to delay my removal? 

I can't predict what could happen to you, sorry. Only one thing, read the news and look around how many millions of people stay here for any reason or without a reason? why all of them are not deported? All I know, the budget is not enough to have the immigration police to search each immigrant one by one, they usually go to to deport the group, to get the group or for to very known address when they are sure the immigrant is there. Your time to marry the 2nd guy is just right, you need the divorce first and when you are waiting for the divorce, the time will pass, and in your case, even if I wouldn't have any other to marry me, I would stay at least to get my divorce decree in my hands, I wouldn't leave without it, it's better to close the unhappy marriage and have your documents in order, then you plan your new life. Delay you GC interview and apply for the divorce, delaying the date for your GC interview gives you time in legal status, then you see how long your divorce takes. Which state are you? It's important, some states ask 1 year separation before to ask for divorce

[MeAlone 161]

just ask in writing to delay your GC interview day, usually they don't like it and delay for several months, it gives you legal status waiting and time to ask about the divorce and all to plan well, get all your documents and keep them safe and see.

Check online your GC status and 1-2 weeks before your interview date, send them the letter and call asking to delay

Edited January 5, 2018 by MeAlone
adding

[MeAlone 161]

I guess you can delay your GC interview twice, it give you lots of time to be legal and think about your life and marriage