VAWA, Part 17

[Sandra G. 5,038]

22 hours ago, Stillwinning!!!😊 said:

You should attend the interview and ask the officer to hold the i485 stating that you intend to file VAWA. The decision of which attorney you want to use is entirely up to you! If you feel comfortable with the present one..good! If you feel differently, then look elsewhere. I believe there's such a thing as attorney and client confidentiality..not sure if I'm saying it right but there should be!💁 you're paying him to represent you not sell you out..so I'm assuming he'll have some honour and render service to you in confidence.

Her present attorney CANNOT represent her in the I-360 because of the conflict of interest, he/she is prohibited by Law to represent her.

[Stillwinning!!!😊 4,570]

9 minutes ago, sandranj said:

Her present attorney CANNOT represent her in the I-360 because of the conflict of interest, he/she is prohibited by Law to represent her.

Makes sense! @Apple90 take note! Now you're free to hire a new attorney dear😊👍

[Sandra G. 5,038]

19 hours ago, HolaBola31 said:

Hi guys!

Hope everyone doing well and you had a great Christmas!

 

Im posting time to time one here and I have couple more questions again. Will be appreciated for your help🙏🏻

 

Im divorcing with my husband.

Such a thing I want to tell you🙄

So. To make long story short I will just say that he has a food well paid attorney.

Mine working with me for free. He doesn’t charge me.

But. He don’t want to fight for me. I don’t feel any protection and help.

Anyways.

We has one mediation with my husband. It didn’t finished in that way as my ex and his attorney would like to finish.

We will have one more January 6.

But they are threatened me. His attorney said that he will do it not pleasant for me. If I won’t collaborate😱

I told them that  I’m not afraid of them and just left.

 

But. Unfortunately my ex knows my weak bottom-money.

I have a child and I’m not making a lot.

So he is pushing on me telling that he will put all court  charges on me. And that I will be paying mediation as well. Even though he knows I can’t pay it.

He is threatening that he will withdraw affidavit of support and annual our marriage.

 

What can I do in this situation?

Can he do all this things?

 

1. Can I somehow get waived this charges?

2. Can he withdraw affidavit?

3. Can he easily cancel our marriage?

 

Thank you very much for your response!!!

You question is a bit confuse.It seems you have a dispute in the Criminal Court  and/or family Court. I don't know if you have a green card card or not, but In the Criminal Court the only person who decides if it will denounce someone for a criminal charge or not is the   prosecutor not his attorney.Submit all proof that you have and you should be fine.

 

If you are talking about the affidavit of support   yes he can withdraw anytime he wants the I-864 if you don't have a green card , but  if you don't have. a green card and you are separating from him then the I-864 will not help you at all, why are you concern about the affidavit of support?

 

He can file for an annulment of  the marriage and  then you have to contest and offer a divorce counterclaim.

[Sandra G. 5,038]

8 hours ago, Apolo said:

Good morning sandranj hope you are feeling better?

 

I have a questing my VAWA case was approved like almost 5 month now but there still no update or change on my I-485 so idk what to do i'm planing to contact my congressman early next month to inquirer on my behalf. can you please advice me do i have to worry and what else can i do to see what happening with my case? Also i was marred to a U Citizen and i originally filed in September of 2015.

 

Thank you once again an i hope you are felling better 

Yes I am feeling better now, thanks. You don't need to worry about the delay but of course you can reach to your congressperson to inquire on your behalf.Your case probably is with the local office already and some local offices are taking 6/16 months to set up an interview to adjust status.

[Sandra G. 5,038]

On 12/16/2019 at 2:50 PM, Poupis said:

Does someone here had the vawa approval delayed because of background checking? I mean that’s the reason that they said to my congressman.

 

If yes, how long they took to approve? I have been waiting since November 2017. I received a RFE april 2019 and they received my answer Jun 2019. Silence since that.

 

Thanks

It's not unusual the delay I saw cases like yours before.

[Apple90 60]

1 hour ago, sandranj said:

The attorney who represented you in the I-130 is prohibited by Law to represent you in the I-360 petition because of the "conflict of interest".If he/she accepts to represent you  hen  right there you will know he/she is not a good attorney. 

New York State Bar Opinion 761 suggests the Simple Solution, where a lawyer can structure the relationship in such a way that the wife is considered the sole client from the outset on an I-130 petition.  The citizen or permanent resident spouse sponsors an alien spouse by filing Form I-130 with the United States Citizenship and Immigration Services (USCIS). Although the petitioning spouse signs off on the I-30 petition, this opinion allows the alien spouse to be treated as the sole client so long as the lawyer explains to both the husband and the wife that the wife is the sole client and the his loyalties are to the wife alone. In the event that the wife then shares confidential information about abuse by the petitioning spouse, and wishes to proceed in filing a battered spouse self-petition (Form I-360), the lawyer would be under no obligation to reveal this information to the husband. 

The opinion also explores the possibility of the attorney taking on joint representation similar to the Golden Mean, but the attorney sought consent from the husband to future conflicts, and it would then be possible to represent only the wife in filing the I-360 battered spouse petition. While this opinion, based on the facts presented, acknowledges that it was not possible to terminate the representation of the abusive husband unless he understood that the future conflict would include an allegation of abuse to support the wife’s self-petition, the following extract, which supports advance waivers among non-experienced users of legal services, is worth noting:

 

A client’s consent to future conflicts is “subject to special scrutiny” (citation omitted). The clients’ advance consent must be to a conflict that is consentable and the consent must be informed. The future conflict must be described “with sufficient clarity so the client’s consent can reasonably be viewed as having been fully informed when given” (citation omitted).

 

In a dispute, where the wife accuses the husband of domestic violence, the husband cannot ask for the “entire file” concerning the wife’s immigration status. According to this opinion, since the attorney is bound by a duty of loyalty toward both clients, absent any prior agreement designating only one spouse as the client, one co-client cannot use the lawyer against the other co-client in the event of a dispute.

 

 

this article says the attorney can represent me they could be wrong 

 

 

 

[Sandra G. 5,038]

On 12/16/2019 at 10:06 PM, Mira20 said:

I received a RFE today and I am really confused, the list is much as if my attorney never submitted anything.. 

Evidence that I was married to my abuser

Evidence that my abuser is a citizen

Evidence that I am eligible for this classification ( I don't know what this means)

Evidence that we resided together 

Evidence of suffered battery or extreme cruelty

Evidence of good moral character 

Evidence of good faith marriage. 

Has anyone ever received RFE as much as this?  

I need your help pls

Did you discuss with your attorney about this? because it's  unusual someone who has an attorney to receive one RFE like yours.

[Sandra G. 5,038]

On 12/18/2019 at 6:05 AM, SUicidaL-3876 said:

UPDATE 1; Sorry if this is a  bit late but i received the letter and it is exactly what i suspected. They lost my response to RFE. . so as of right now i have filed a motion to reopen the case. Hoping for the best. Thanks

Did you submit the motion to VSC? I am asking this for you  because I saw people here that their attorneys didn't submit to VSC and the motions were denied because a motion to reopen or reconsider regarding a VAWA case must go to VSC.

[Sandra G. 5,038]

On 12/17/2019 at 11:24 AM, cashweed said:

Hello,

I am wondering if anyone knows how long it generally takes after sending RFE for uscis to change status to having received the evidence. I send my evidence 14 days ago and upto now nothing has changed. The days are still counting. Is this normal?.

The USCIS  website is not reliable.

[Gi Gi 46]

8 hours ago, Stillwinning!!!😊 said:

Hey dear, everyone's case is different but this is to let you know that not everyone here got updates on their i485..some just received the interview notice without warning!💁 so to speak..but yes you should contact your congressman to know where you stand.👍

So the work permit came it last a year but no letter saying I was approved. Sigh

[HolaBola31 135]

51 minutes ago, sandranj said:

You question is a bit confuse.It seems you have a dispute in the Criminal Court  and/or family Court. I don't know if you have a green card card or not, but In the Criminal Court the only person who decides if it will denounce someone for a criminal charge or not is the   prosecutor not his attorney.Submit all proof that you have and you should be fine.

 

If you are talking about the affidavit of support   yes he can withdraw anytime he wants the I-864 if you don't have a green card , but  if you don't have. a green card and you are separating from him then the I-864 will not help you at all, why are you concern about the affidavit of support?

 

He can file for an annulment of  the marriage and  then you have to contest and offer a divorce counterclaim.

Thank you very much for your answer.

About charged I meant just charges for divorce.

He told me that he will pay for divorce somewhere around 20000$-40000$. I don’t know if he is telling a truth or just trying to make me scared and just sign a papers. But he gave a hint that I will pay half of it.

He filed for divorce.

 

 

 

About affidavit. He was scaring me with this all the time and he just keep doing this.

Like if he wants he will withdraw it and I will be immediately deported. 

Thats why I’m trying to find information about this. Just to know if this is a truth or he just want me to sign a papers.

 

[Mira20 46]

50 minutes ago, sandranj said:

Did you discuss with your attorney about this? because it's  unusual someone who has an attorney to receive one RFE like yours.

It was my mistake, I only need to reply to the one that was marked which is the good moral character  

Thanks Sandra

[Gi Gi 46]

2 hours ago, Stillwinning!!!😊 said:

Makes sense! @Apple90 take note! Now you're free to hire a new attorney dear😊👍

Hey @stillwinning I sent u a message 

[HolaBola31 135]

1 hour ago, sandranj said:

You question is a bit confuse.It seems you have a dispute in the Criminal Court  and/or family Court. I don't know if you have a green card card or not, but In the Criminal Court the only person who decides if it will denounce someone for a criminal charge or not is the   prosecutor not his attorney.Submit all proof that you have and you should be fine.

 

If you are talking about the affidavit of support   yes he can withdraw anytime he wants the I-864 if you don't have a green card , but  if you don't have. a green card and you are separating from him then the I-864 will not help you at all, why are you concern about the affidavit of support?

 

He can file for an annulment of  the marriage and  then you have to contest and offer a divorce counterclaim.

And just wanted to add. I filed for VAWA in April.

My I-485 is pending.

So if he will withdraw affidavit of support how could it harm me? 

 

[Gi Gi 46]

I just got the card so even thought they replied through the I-360 I didn’t get an approval letter trust a ead card valid for a year. Does anyone gets the ead card then gets denied?