VAWA

[Johney 0]

Hi guys, 

my self johney ,  I am originally from India, I was enter in usa with b1 b2 visa  then during my visa time I got marriage with USA citizen lady in January, then we have to much fight after marriage but still m try to survive,after I file my case for change status I received interview date second week of October then she is doesn’t appear at the interview,I put it requist for reschedule interview date now they give us November 11 new interview date but still she is not ready to attend interview and she is tell me she will deport me from USA , should I go trough VAWA ? so what should I do to stay legally in USA , kindly advise me I will be appreciated act of your kindness, 

[EandH0904 1,184]

Do you have evidence of the ways in which she abused you? Police reports, ER reports for injuries? A psychologist or counselor who can show you have been getting regular help for your fighting and difficulty? 

 

Are you no longer living as a couple? Can you file through a divorce waiver?

[Going through 5,671]

1)  She cannot deport you.  It's not her decision.  She doesn't hold the keys to this country.  If she believes you entered the marriage solely for immigration benefits and has concrete evidence proving this, she can submit that to USCIS and let them investigate, if they so choose.

 

2)  Claiming VAWA is going to depend on whether or not she has abused you (mentally, financially, physically), and whether you have proof of this.  In general, constant arguments do not mean you are being abused.  Her refusing to attend the AOS interview with you does not mean you are necessarily being abused...it might mean that she is done with the marriage, however.  Has there been any mention of divorce?  Do you know if your wife has withdrawn the i-864?

 

3) Read more about VAWA here https://www.uscis.gov/green-card/green-card-vawa-self-petitioner  General forms of evidence include:

• Evidence of the abuser’s U.S. citizenship or lawful permanent resident status
• Marriage and divorce decrees, birth certificates, or other evidence of your legal relationship to the abuser
• One or more documents showing that you and the abuser have resided together, such as employment records, utility receipts, school records, hospital or medical records, birth certificates of children, mortgages, rental records, insurance policies, or affidavits
• Evidence of the abuse, such as reports and affidavits from police, judges, court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel. If you have an order of protection, or have taken other legal steps to end the abuse, you should submit copies of those court documents.
• If you are 14 years of age or older, your affidavit of good moral character accompanied by a local police clearance, state-issued criminal background check, or similar report from each locality or state in the United States or abroad where you have resided for six or more months during the three-year period immediately before you filed your self-petition
• If you are a spouse, submit evidence showing you entered your marriage in good faith, such as proof that one spouse has been listed as the other’s spouse on insurance policies, property leases, properly filed tax forms, or bank statements. You may also submit your affidavit or affidavits of others who have knowledge of your courtship, wedding ceremony, shared residence, and other life experiences, if available.

NOTE: You may submit any relevant credible evidence in place of the suggested evidence if you are a: 

• VAWA self-petitioning spouse or child of a U.S. citizen or lawful permanent resident, or
• VAWA self-petitioning parent of a U.S. citizen son or daughter.

Edited October 26, 2018 by Going through

[Hypnos 6,576]

It doesn't sound as if you have a case under VAWA based on what you have stated. 

[Going through 5,671]

Begs the question of why your spouse did not attend the first interview?

[Crazy Cat 41,904]

Find an attorney..

[EandH0904 1,184]

You asked the same question earlier today?

[Boiler 45,564]

No mention of any VAWA issues

[Ryan H 3,812]

***Duplicate threads merged and merged thread moved from Adjustment of Status from K Visas forum to Effects of Major Family Changes on Immigration Benefits forum.  Do not start multiple threads asking the exact same question.***

[Johney 0]

10 hours ago, EandH0904 said:

Do you have evidence of the ways in which she abused you? Police reports, ER reports for injuries? A psychologist or counselor who can show you have been getting regular help for your fighting and difficulty? 

 

Are you no longer living as a couple? Can you file through a divorce waiver?

Unfortunately I don’t have any evidence Evan she is slapped me several time because she has bad temper, that’s why she is beaten her boyfriend and due to get changed she spend over night in the jail , 

[Boiler 45,564]

Sounds like you need to buy a ticket home.

[Russ&Caro 1,549]

1 hour ago, Boiler said:

Sounds like you need to buy a ticket home.

Either that or reconciliation and counseling leading to her participating in an interview.

[Boiler 45,564]

1 hour ago, Russ&Caro said:

Either that or reconciliation and counseling leading to her participating in an interview.

Judging from his comments that does not sound practical. An abuser does not change.

[Ryan H 3,812]

***Post contributing nothing to the discussion removed; either post constructively or do not post.***