vawa

[lheira 0]

i came here thru my petitioner (my husband) we are not divorced yet but i will process it as soon as i get extra money. we’ve been together for almost 2 years. when i arrived here he stopped me from sending money to my kids, getting my money, put me into a big debt. etc. he was mentally abusive but not physically. he left me and i dont know where he’s at. i applied for vawa and received my ead right now. i dont have any greencard yet. now my question is, we are not together for almost 3 years now, i do have a boyfriend now who helped me to move on and stand on my own feet again. i do have 3 kids in the philippines. if my vawa will be denied. can i get remarry? is my greencard will be approved if ever? i mean i will still marry him even its not. he helped me when i was down. im just wondering if i can do that as my next step incase?

[Boiler 45,559]

No timeline, impossible to make any sensible comments.

[Ontarkie 14,234]

~~Moved to the Effects of MAjor Family Changes, from General Immigration. As similar topics are discussed here.~~

[belinda63 3,038]

Since you don't have a green card I guess you came on a K-1. If that is the case you can marry your new boyfriend and return home, He will then petition you as his spouse. It will take about a year. That will give you time to spend with your children. 

[Boiler 45,559]

If that is the case there would also be a ban to consider.

[belinda63 3,038]

Very true, forgot about that, a three year overstay equals a 10 year ban. So a waiver will also be needed. Make that about 2 years before you can return if the waiver is successful.

Also I don't think you can remarry while the VAWA is pending, I mean you can but it will end the VAWA case.

Edited August 18, 2019 by belinda63

[HRQX 4,145]

13 minutes ago, Boiler said:

If that is the case there would also be a ban to consider.

 

11 minutes ago, belinda63 said:

Very true, forgot about that, a three year overstay equals a 10 year ban. So a waiver will also be needed. Make that about 2 years before you can return if the waiver is successful.

Unknown how much of that time there was a pending AOS (both the first AOS attempt and the later VAWA AOS). Per the DOS Foreign Affairs Manual; https://fam.state.gov/fam/09FAM/09FAM030211.html:

Quote

DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include:

.

.

.

.

5. For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated)

 

Edited August 18, 2019 by HRQX

[Boiler 45,559]

The only thing mentioned is a VAWA filing.

[HRQX 4,145]

17 minutes ago, belinda63 said:

Also I don't think you can remarry while the VAWA is pending

*I-360

https://www.uscis.gov/sites/default/files/files/form/i-360instr.pdf Page 6

[lheira 0]

okay i forgot to tell you my ead just got approve yesterday so we are just waiting for the results of my vawa. i didnt stayed here illegally. after he left me i filled the vawa right away. 

[Georgia16 2,858]

49 minutes ago, lheira said:

okay i forgot to tell you my ead just got approve yesterday so we are just waiting for the results of my vawa. i didnt stayed here illegally. after he left me i filled the vawa right away. 

When did you come here? 

What visa did you enter with? 

You need to provide a timeline with details otherwise it is not easy to help you