VAWA, Part 10

[iwillsurvive 254]

@sandranj

 

Hi Sandra,

 

One of the criteria to expedite I-485 is an error on USCIS’ side. 

 

They sent me an RFE to submit police clearance from a place I only lived in for 4.5 months (study abroad program). This was within the 3 years prior to filing VAWA. Since it was so short I never included police clearance from there along with my petition. 

Of course I am responding to the RFE but technically they shouldn’t have asked me for this, correct?

 

Do you think I have grounds to expedite I-485 upon VAWA approval since USCIS made a mistake that lead to my processing times being much longer because of their mistake? 

 

@sandranj

[SssMay 56]

13 minutes ago, iwillsurvive said:

@sandranj

 

Hi Sandra,

 

One of the criteria to expedite I-485 is an error on USCIS’ side. 

 

They sent me an RFE to submit police clearance from a place I only lived in for 4.5 months (study abroad program). This was within the 3 years prior to filing VAWA. Since it was so short I never included police clearance from there along with my petition. 

Of course I am responding to the RFE but technically they shouldn’t have asked me for this, correct?

 

Do you think I have grounds to expedite I-485 upon VAWA approval since USCIS made a mistake that lead to my processing times being much longer because of their mistake? 

 

@sandranj

Hi @iwillsurvive Do you have any updating about your EAD renewal? Still no response from USCIS. Good luck.

[sunshine99 5]

Could any one with children facing or dealt with Divorce and child custody issues with pending VAWA. Please let me know. I am having trial on Divorce coming up and want to know how the family court treats a parent without any legal status and the rights.

[iwillsurvive 254]

1 hour ago, SssMay said:

Hi @iwillsurvive Do you have any updating about your EAD renewal? Still no response from USCIS. Good luck.

Not yet but it’s only been about 95 days from my receipt date. Looks like it takes at least 120 days if not more right now. 

[MsVi2 50]

1 hour ago, sunshine99 said:

Could any one with children facing or dealt with Divorce and child custody issues with pending VAWA. Please let me know. I am having trial on Divorce coming up and want to know how the family court treats a parent without any legal status and the rights.

Your immigration status should have no bearing on your divorce and custody.  If you have proof of abuse and a pending Vawa it may actually play to your favor when it comes to custody, a judge will more than likely give you custody of children if you have proof of abuse. 

[betelgeuse 5]

I tried to PM @sandranj but get the error saying that she can't receive messages, so I'll have to ask here.

Sorry that I am writing about such personal thing, but I'd really appreciate help.

in my statement where I am describing all the abuse I was facing, I also mentioned that my husband never had sex with me since we got married (he didn't want to) so basically our marriage wasn't consummated. Can this be a reason for USCIS to deny my VAWA petition? I mean because our marriage can be annulled if it's not consummated, instead of divorce. So can they be like "your marriage wasn't valid, just annul it and go home"?

[iwillsurvive 254]

8 hours ago, betelgeuse said:

I tried to PM @sandranj but get the error saying that she can't receive messages, so I'll have to ask here.

Sorry that I am writing about such personal thing, but I'd really appreciate help.

in my statement where I am describing all the abuse I was facing, I also mentioned that my husband never had sex with me since we got married (he didn't want to) so basically our marriage wasn't consummated. Can this be a reason for USCIS to deny my VAWA petition? I mean because our marriage can be annulled if it's not consummated, instead of divorce. So can they be like "your marriage wasn't valid, just annul it and go home"?

The validity of a marriage has nothing to do with sex. If you signed a marriage license, you are married. No sex is no grounds for annulment. Not sure why you think it is. 

You can use it as an example of emotional abuse if he did it for reasons to humiliate or control you. 

[betelgeuse 5]

1 hour ago, iwillsurvive said:

The validity of a marriage has nothing to do with sex. If you signed a marriage license, you are married. No sex is no grounds for annulment. Not sure why you think it is. 

You can use it as an example of emotional abuse if he did it for reasons to humiliate or control you. 

I have found this information on several websites. 

 

What are the grounds for annulment of marriage?

Grounds for annulment vary by jurisdiction but can include the following: 

 

 

• lack of legal capacity
• force or threat
• under age of consent
• consanguinity- too closely related
• impotency not disclosed before marriage
• fraud
• marriage never consummated
• duress, insanity 
• being under the influence of alcohol or drugs 

 

[Goyo 68]

47 minutes ago, betelgeuse said:

I have found this information on several websites. 

 

What are the grounds for annulment of marriage?

Grounds for annulment vary by jurisdiction but can include the following: 

 

 

• lack of legal capacity
• force or threat
• under age of consent
• consanguinity- too closely related
• impotency not disclosed before marriage
• fraud
• marriage never consummated
• duress, insanity 
• being under the influence of alcohol or drugs 

 

If I were you I wouldn’t have mentioned  in the affidavit. No having sex is not a form of abuse as far as I know. You should have only write about the abuse you suffered. In order to get an annulment both  have to agree. 

[iwillsurvive 254]

1 hour ago, betelgeuse said:

I have found this information on several websites. 

 

What are the grounds for annulment of marriage?

Grounds for annulment vary by jurisdiction but can include the following: 

 

 

• lack of legal capacity
• force or threat
• under age of consent
• consanguinity- too closely related
• impotency not disclosed before marriage
• fraud
• marriage never consummated
• duress, insanity 
• being under the influence of alcohol or drugs 

 

Unless you found this on a .gov website or on the official court website I wouldn’t look at this. Also he can’t medically prove that no sex ever happened. 

[Restez Forts 107]

betelgeuse

Please don't worry yourself on things you don't have control over. You already told your story and sent it. You told the truth, the IO will decide how to interpret your story. You sent other evidence too and they do consider everything. I suggest you don't worry about it and don't over think or analyse it. 

[betelgeuse 5]

58 minutes ago, Goyo said:

If I were you I wouldn’t have mentioned  in the affidavit. No having sex is not a form of abuse as far as I know. You should have only write about the abuse you suffered. In order to get an annulment both  have to agree. 

I mentioned this because he didn't want it with me, but went to strip clubs or watched porn and let me know about it, in order to humiliate me.

 

44 minutes ago, Restez Forts said:

betelgeuse

Please don't worry yourself on things you don't have control over. You already told your story and sent it. You told the truth, the IO will decide how to interpret your story. You sent other evidence too and they do consider everything. I suggest you don't worry about it and don't over think or analyse it. 

I haven't sent it yet, my attorney is still reviewing it and the evidence I submitted, so I was thinking maybe I shouldn't mention it.

 

Anyways, thank you for your answers.

[Sandra G. 5,043]

11 hours ago, betelgeuse said:

I tried to PM @sandranj but get the error saying that she can't receive messages, so I'll have to ask here.

Sorry that I am writing about such personal thing, but I'd really appreciate help.

in my statement where I am describing all the abuse I was facing, I also mentioned that my husband never had sex with me since we got married (he didn't want to) so basically our marriage wasn't consummated. Can this be a reason for USCIS to deny my VAWA petition? I mean because our marriage can be annulled if it's not consummated, instead of divorce. So can they be like "your marriage wasn't valid, just annul it and go home"?

I don't know why you  couldn't send me a message. YES  not having  the marriage  consummated  is a reason for denial. I  heard in 20 years just one case was granted  but they were around  70, the man was extremely  sick and they    and lived together  MANY years .

 

[Ingodshands94 41]

Hi Guys! Quick question. I want to renew my EAD but I don't know where to file. This is my situation.

My category would be base on pending I-485. My husband filed for me in California. After the abuse I moved to Florida and change my address. My interview was here. The IO held the I-485 until VAWA is approved. Where should I file my I-765 form?? My EAD expired on January 18th 2018.

[iwillsurvive 254]

25 minutes ago, Ingodshands94 said:

Hi Guys! Quick question. I want to renew my EAD but I don't know where to file. This is my situation.

My category would be base on pending I-485. My husband filed for me in California. After the abuse I moved to Florida and change my address. My interview was here. The IO held the I-485 until VAWA is approved. Where should I file my I-765 form?? My EAD expired on January 18th 2018.

All communication while your VAWA case is pending goes to Vermont