VAWA, Part 19

[sheima 510]

31 minutes ago, Hopemama said:

@Stillwinning!!!😊@demise @Engineering-rocks

 

i had my interview today. Everything was smooth. The officer was so nice and empathy. 

 

i missed i693 and the officer gave me rfe,  since she knew about 2 misaing biometrics appt due to NGO mailing issue

 

my field office is santa ana,  california.

 

thank you all to creat a safe home for victims. You guys are amazing,  very supportive. 

 

i keep you guys update

 

thank you all

 

i feel loved and safe here. 

Good luck 🍀👍 

[Klein 41]

18 minutes ago, Hopemama said:

My timeline:

 

9/2017: i360,  i765(c31). My NGO did that to me😏😏😏

 

3 PF

 

7/2019: rfe for good moral.

9/2019: 360 approve. Thanks to @sandranj @Stillwinning!!!😊 and many many ppl here who raise question,  answer,  give hope and encourage to victims to hang in there,  contact congressman, filling forms,... 

 

11/2019: i485 submit

8/18/2020: i am here for the interview🤩🤩

 

My journey was pumpy,  struggling with my abuser,  my mental health,  my sadness,  my NGo. 

 

But it is coming to the end closer than ever. 

 

Thank you everyone

Congrats to you

Almost in the end of the tunnel. Very happy for you

[Anjon 0]

Please help my case was denied for vawa, i have not gotten the reason why yet. Any ideas?

[Demise 1,291]

9 minutes ago, Anjon said:

Please help my case was denied for vawa, i have not gotten the reason why yet. Any ideas?

If you received an RFE before then most likely because whatever you submitted wasn't enough to overcome the officer's doubts. If it's a straight up denial with no RFE then you likely didn't establish statutory eligibility (e.g. didn't prove that your spouse was a USC/LPR, didn't prove that you were ever legally married, you divorced more than 2 years prior to filing of the petition, etc).

[Anjon 0]

I sent everything I had as i ran out of the house. Please what is a USC/LPR. I am still married to my spouse. When they asked for the rfe, they requested for leases, which i provided. pictures, utility bills, proof of abuse. I am still married to my spouse trying to save enough money to get a lawyer to file a divorce. Been married since 2014. 

[Klein 41]

4 minutes ago, Anjon said:

I sent everything I had as i ran out of the house. Please what is a USC/LPR. I am still married to my spouse. When they asked for the rfe, they requested for leases, which i provided. pictures, utility bills, proof of abuse. I am still married to my spouse trying to save enough money to get a lawyer to file a divorce. Been married since 2014. 

So sorry to hear that.

If you like to, You can file again and start over. I know its very stressful and challenging but its better than none.

 

What documents did you submit? If we may know

 

6 minutes ago, Anjon said:

I sent everything I had as i ran out of the house. Please what is a USC/LPR. I am still married to my spouse. When they asked for the rfe, they requested for leases, which i provided. pictures, utility bills, proof of abuse. I am still married to my spouse trying to save enough money to get a lawyer to file a divorce. Been married since 2014. 

Usc is us citizen

Lpr is green card holder/ permanent resident

[Anjon 0]

12 minutes ago, Klein said:

So sorry to hear that.

If you like to, You can file again and start over. I know its very stressful and challenging but its better than none.

 

What documents did you submit? If we may know

 

They asked for proof of good faith marriage and i submitted

3 lease agreements

water bills spanning almost a year showing that i lived there

Tax return listing  my spouse, as my spouse refused to file taxes with me

They asked for proof of abuse

I submitted Dr's notes showing swelling from my spouse slamming stuff at me and bruising my hand

I submitted psychologist evaluation and notes

I submitted pictures of abuse photos, thou i didn't submit the ones with too much blood

I submitted police report showing that my  credit was used without my consent

They asked for proof that we lived together

I submitted auto ins listing the address

Pictures of us and my spouse's children

a 15 page letter highlighting relationship from courtship to marriage and attestation from friends and family members

copies of my journaling from happy times to abuse times

I submitted letters i got from the apartment we lived showing that I owe for the damages caused by my spouse

 

Edited August 19, 2020 by Anjon

[Demise 1,291]

Just now, Anjon said:

I sent everything I had as i ran out of the house. Please what is a USC/LPR. I am still married to my spouse. When they asked for the rfe, they requested for leases, which i provided. pictures, utility bills, proof of abuse. I am still married to my spouse trying to save enough money to get a lawyer to file a divorce. Been married since 2014. 

USC - US Citizen

LPR - Lawful permanent resident (i.e. a green card holder).

 

Well unfortunately the only thing you can do is gather everything else you possibly can regarding the validity of the marriage and abuse and wait for the denial notice to arrive. If you never had a psychological evaluation done now would be a good time to get it done on an expedited schedule, USCIS prefers you to have been in therapy for a period of time but one session is better than nothing.

 

You pretty much have 33 days from the date of the denial to submit I-290B and whatever else you can provide. You can either make a motion to reopen/reconsider with VSC or file an appeal with the AAO, the only difference is which box you check on the form.

 

Motions to reopen are based upon new evidence.

Motions to reconsider are based upon an error of fact or wrong application of law by the adjudicating officer.

You can file a both motion to reopen and reconsider on the same I-290B.

Appeals can be based on anything, AAO will review the case de novo (i.e. they will review everything you have submitted so far and they will issue a decision). AAO can sustain the appeal (i.e. approve the petition), dismiss the appeal (i.e. the petition remains denied), or issue a remand (i.e. the adjudicator erred here and the case is sent back to VSC for a new decision and if it's a denied again then they have to send it to the AAO for another review).

That being said, the rate of sustains and remands is pretty damn low at the AAO, reading the non-precedent decisions I'd put it at around 5%. I don't know what rate of reopen/reconsider motions requests end in an approval with the VSC since these numbers don't seem to be public.

[Anjon 0]

3 minutes ago, Demise said:

USC - US Citizen

LPR - Lawful permanent resident (i.e. a green card holder).

 

Well unfortunately the only thing you can do is gather everything else you possibly can regarding the validity of the marriage and abuse and wait for the denial notice to arrive. If you never had a psychological evaluation done now would be a good time to get it done on an expedited schedule, USCIS prefers you to have been in therapy for a period of time but one session is better than nothing.

 

You pretty much have 33 days from the date of the denial to submit I-290B and whatever else you can provide. You can either make a motion to reopen/reconsider with VSC or file an appeal with the AAO, the only difference is which box you check on the form.

 

Motions to reopen are based upon new evidence.

Motions to reconsider are based upon an error of fact or wrong application of law by the adjudicating officer.

You can file a both motion to reopen and reconsider on the same I-290B.

Appeals can be based on anything, AAO will review the case de novo (i.e. they will review everything you have submitted so far and they will issue a decision). AAO can sustain the appeal (i.e. approve the petition), dismiss the appeal (i.e. the petition remains denied), or issue a remand (i.e. the adjudicator erred here and the case is sent back to VSC for a new decision and if it's a denied again then they have to send it to the AAO for another review).

That being said, the rate of sustains and remands is pretty damn low at the AAO, reading the non-precedent decisions I'd put it at around 5%. I don't know what rate of reopen/reconsider motions requests end in an approval with the VSC since these numbers don't seem to be public.

These are the documents i submitted

They asked for proof of good faith marriage and i submitted

3 lease agreements

water bills spanning almost a year showing that i lived there

Tax return listing  my spouse, as my spouse refused to file taxes with me

They asked for proof of abuse

I submitted Dr's notes showing swelling from my spouse slamming stuff at me and bruising my hand

I submitted psychologist evaluation and notes(4)

I submitted pictures of abuse photos, thou i didn't submit the ones with too much blood

I submitted police report showing that my  credit was used without my consent

They asked for proof that we lived together

I submitted auto ins listing the address

Pictures of us and my spouse's children

a 15 page letter highlighting relationship from courtship to marriage and attestation from friends and family members

copies of my journaling from happy times to abuse times

I submitted letters i got from the apartment we lived showing that I owe for the damages caused by my spouse

[Anjon 0]

The one thing i tried hard to get was the initial lease, which was 6 years ago, but the apartment complex said because they are under new management, they are unable to provide the lease, because they destroyed it, and they refused to write that we lived there together. What do i do about that?
 

[Demise 1,291]

3 minutes ago, Anjon said:

These are the documents i submitted

They asked for proof of good faith marriage and i submitted

3 lease agreements

water bills spanning almost a year showing that i lived there

Tax return listing  my spouse, as my spouse refused to file taxes with me

They asked for proof of abuse

I submitted Dr's notes showing swelling from my spouse slamming stuff at me and bruising my hand

I submitted psychologist evaluation and notes(4)

I submitted pictures of abuse photos, thou i didn't submit the ones with too much blood

I submitted police report showing that my  credit was used without my consent

They asked for proof that we lived together

I submitted auto ins listing the address

Pictures of us and my spouse's children

a 15 page letter highlighting relationship from courtship to marriage and attestation from friends and family members

copies of my journaling from happy times to abuse times

I submitted letters i got from the apartment we lived showing that I owe for the damages caused by my spouse

Honestly in a case like this you should probably be filing a straight up appeal (do include the bloody pictures though and a cover letter literally walking whatever moron will be reviewing it again through the evidence) because that's more evidence than in any VAWA case I've ever worked on.

[Klein 41]

14 minutes ago, Anjon said:

They asked for proof of good faith marriage and i submitted

3 lease agreements

water bills spanning almost a year showing that i lived there

Tax return listing  my spouse, as my spouse refused to file taxes with me

They asked for proof of abuse

I submitted Dr's notes showing swelling from my spouse slamming stuff at me and bruising my hand

I submitted psychologist evaluation and notes

I submitted pictures of abuse photos, thou i didn't submit the ones with too much blood

I submitted police report showing that my  credit was used without my consent

They asked for proof that we lived together

I submitted auto ins listing the address

Pictures of us and my spouse's children

a 15 page letter highlighting relationship from courtship to marriage and attestation from friends and family members

copies of my journaling from happy times to abuse times

I submitted letters i got from the apartment we lived showing that I owe for the damages caused by my spouse

 

How about good moral charcter? Do you have any criminal records?

[Anjon 0]

Yes, that was submitted with the initial submission. I don't have criminal records.

[Klein 41]

1 minute ago, Anjon said:

Yes, that was submitted with the initial submission. I don't have criminal records.

For now

Just wait for the letter and see what went wrong.

 

Again sorry to hear that

[Anjon 0]

ok, thank you so much