VAWA, Part 20

[Demise 1,337]

54 minutes ago, Tluck said:

Hi Family I filled 1 485 Feb 2018 but my case was denied in July 2019 after we were invited 3 times and my spouse refused to show up. I left and returned back to my country. My spouse filled for divorce and I called the court to defend myself, after seeing all the evidences against him. They asked why didn’t I file Vawa against him. Can I still file and do I stand a chance. We are from thesame country 

Yeah, as long as the abuse happened in US or abuse was perpetrated by a US government employee abroad you can file for VAWA or U-visa from abroad. You have until the second anniversary of the divorce to file the I-360. There's no time limit to file I-918 for a U-visa.

 

Note that if you overstayed over 180 days you have to demonstrate a connection between the abuse and over overstay to bypass the 10 year bar. So for instance if you were in lawful non-immigrant status that lapsed while the I-485 was pending and your ex pulled the rug from under you by refusing the attend the interview you'll be fine. If you overstayed a long time before getting married then you might not have a case for getting around the bar (still you should consult with a lawyer regardless), though in case like this if there's police records of the abuse you can always try to file for a U-visa instead, the associated 212(d)(14) waiver bypasses basically every ground of admissibility, the downside is that you'll be waiting a few years before they can give you a visa due to numerical limitations.

Edited November 6, 2020 by Demise

[Stillwinning!!!😊 4,570]

1 hour ago, Tluck said:

Hi Family I filled 1 485 Feb 2018 but my case was denied in July 2019 after we were invited 3 times and my spouse refused to show up. I left and returned back to my country. My spouse filled for divorce and I called the court to defend myself, after seeing all the evidences against him. They asked why didn’t I file Vawa against him. Can I still file and do I stand a chance. We are from thesame country 

You can file vawa from abroad like a few people here are doing if you haven't been divorced more than 2yrs. You should research more online concerning it..would have been way better if you were here..but yes you have chances. Go for it. Hopefully you get more suggestions. It's a wonderful community here!😊👍

[neimovirna 54]

18 hours ago, gurgen said:

Hi everyone once again,

 

I got good news this time, I am finally scheduled for the interview. It will take place in 20 days.

As far as my attorney told me, my lawyer had a chance to talk to an IO about my case and received the interview notice right away.

 

Here is my timeline;

I am a Queens, Ny filer; PD: April 2017,

Received RFE in August 2018,

Case was approved on January 2019

Since then I've been waiting until today and finally got scheduled.

 

...

 

Thank you all for your help, answers, and motivation as well. God bless you all. Good luck to all especially NY filers for the long wait times, don't lose your hope and give up...

 

Be safe everyone, wish you all fast approvals. 

 

 

 

Congratulations!!! I am in Queens too, and by looking at your time line, trying to count what month I will have my interview (approximately)

I guess, long wait is ahead 

[Tluck 24]

21 minutes ago, Demise said:

Yeah, as long as the abuse happened in US or abuse was perpetrated by a US government employee abroad you can file for VAWA or U-visa from abroad. You have until the second anniversary of the divorce to file the I-360. There's no time limit to file I-918 for a U-visa.

 

Note that if you overstayed over 180 days you have to demonstrate a connection between the abuse and over overstay to bypass the 10 year bar. So for instance if you were in lawful non-immigrant status that lapsed while the I-485 was pending and your ex pulled the rug from under you by refusing the attend the interview you'll be fine. If you overstayed a long time before getting married then you might not have a case for getting around the bar (still you should consult with a lawyer regardless), though in case like this if there's police records of the abuse you can always try to file for a U-visa instead, the associated 212(d)(14) waiver bypasses basically every ground of admissibility, the downside is that you'll be waiting a few years before they can give you a visa due to numerical limitations.

I don’t really understand, I filled my I 130 in December 2017 while my 180 days expired in January 2018. Am still guilty but in all I stayed 2 years till my case was denied in July 2019

[Demise 1,337]

Just now, Tluck said:

I don’t really understand, I filled my I 130 in December 2017 while my 180 days expired in January 2018. Am still guilty but in all I stayed 2 years till my case was denied in July 2019

Were you in status when the I-130/I-485 were filed?

[Tluck 24]

5 minutes ago, Demise said:

Were you in status when the I-130/I-485 were filed?

Yes I filled in December 2018, and my 180 days expired in January 2019

[Demise 1,337]

5 minutes ago, Tluck said:

Yes I filled in December 2018, and my 180 days expired in January 2019

Then you're good. Basically you'll file I-360 now and when it's approved and it's time to file DS-260 you'll attach a letter explaining your circumstances "I was in [visa category] at the time when I-130 and I-485 were filed, my spouse became abusive and decided to not attend the interviews so my I-485 was denied and I fell out of status due to no fault of my own".

[Stillwinning!!!😊 4,570]

20 minutes ago, neimovirna said:

Congratulations!!! I am in Queens too, and by looking at your time line, trying to count what month I will have my interview (approximately)

I guess, long wait is ahead 

Queens is not as terrible as the others..I didn't have to wait that long though.. Keep the faith!😊👍

[Demise 1,337]

Just now, Stillwinning!!!😊 said:

Queens is not as terrible as the others..I didn't have to wait that long though.. Keep the faith!😊👍

Queens generally interviews at Federal Plaza, unless you're like on the east most corner past Jamaica where you fall under Holtsville field office. I've been to both and they're alright.

[Stillwinning!!!😊 4,570]

14 minutes ago, Demise said:

Queens generally interviews at Federal Plaza, unless you're like on the east most corner past Jamaica where you fall under Holtsville field office. I've been to both and they're alright.

Been to both too. Yeah they are much better than the rest.👍

[Pinkrlion 2,724]

11 hours ago, Salyeen said:

Hey family again I’m sorry to ask many times 

 

after my Psychologist gave me his letter and transfer to hospital the doctor will give me some Medication so should I send it to vawa case as a Support ? If yes what should I send the Prescription of the meds or what ? Plz 🥺🥺

You just need the hospital report

[Pinkrlion 2,724]

2 hours ago, Tluck said:

Hi Family I filled 1 485 Feb 2018 but my case was denied in July 2019 after we were invited 3 times and my spouse refused to show up. I left and returned back to my country. My spouse filled for divorce and I called the court to defend myself, after seeing all the evidences against him. They asked why didn’t I file Vawa against him. Can I still file and do I stand a chance. We are from thesame country 

You can file from your home country for VAWA.  You can hire @sandranj as your attorney.  How long have you been divorced?

[Tluck 24]

24 minutes ago, Pinkrlion said:

You can file from your home country for VAWA.  You can hire @sandranj as your attorney.  How long have you been divorced?

We are not divorced yet but we are in court. How can I reach @sandranj. Thank you so much  guys for your love and concerns 

[Pinkrlion 2,724]

18 minutes ago, Tluck said:

We are not divorced yet but we are in court. How can I reach @sandranj. Thank you so much  guys for your love and concerns 

Send her a private message - @sandranj  She will respond as she checks her messages weekly.  

[Tluck 24]

Just now, Pinkrlion said:

Send her a private message - @sandranj  She will respond as she checks her messages weekly.  

Thank you