Am I eligible for the VAWA process ?? (merged)

[mushroomspore 3,044]

14 minutes ago, sagar.bhandari said:

We was together that time in india and she is not ready to come for divorce or not even ready to leaver me free

I read through this thread and it sounds like you are out of luck and have no pathway to US immigration. You also do not need her permission or approval for divorce. You can file for divorce in India and be done with this mess.

[Verrou 1,962]

Just now, mushroomspore said:

I read through this thread and it sounds like you are out of luck and have no pathway to US immigration. You also do not need her permission or approval for divorce. You can file for divorce in India and be done with this mess.

sounds like OP wants to come to the US no matter what. i read through it based on his comments. i think just divorce and move on, apply b1 visa if he still want to visit US as tourist 

 

[.yana 598]

CR1 is for reuniting with a US spouse. Doesn't sound like OP would like to reunite with his spouse so doesn't seem like there's even a case there? 

 

VAWA for CR1 sounds like an oxymoron: hey, USCIS, allow me to reunite with my spouse but just FYI - they've been physically abusing me.

[mushroomspore 3,044]

36 minutes ago, .yana said:

CR1 is for reuniting with a US spouse. Doesn't sound like OP would like to reunite with his spouse so doesn't seem like there's even a case there? 

 

VAWA for CR1 sounds like an oxymoron: hey, USCIS, allow me to reunite with my spouse but just FYI - they've been physically abusing me.

It looks like they do allow VAWA petitions from outside of the US, but there are other eligibility requirements and OP does not qualify. I can see why they would allow out-of-USA VAWA petitions as a humanitarian response, but obviously, if one does not qualify, then one does not qualify.

[.yana 598]

11 minutes ago, mushroomspore said:

It looks like they do allow VAWA petitions from outside of the US, but there are other eligibility requirements and OP does not qualify. I can see why they would allow out-of-USA VAWA petitions as a humanitarian response, but obviously, if one does not qualify, then one does not qualify.

Yes, but I think the requirement (based on what someone else posted in this thread) was that the abuse itself happened inside of the US or that both spouses lived outside of the US while the spouse was working for the US government. In any event, it looks like VAWA becomes an option post conditional green card. Otherwise - on what grounds will the OP be immigrating to the US?

[Crazy Cat 42,028]

43 minutes ago, .yana said:

Yes, but I think the requirement (based on what someone else posted in this thread) was that the abuse itself happened inside of the US or that both spouses lived outside of the US while the spouse was working for the US government. In any event, it looks like VAWA becomes an option post conditional green card. Otherwise - on what grounds will the OP be immigrating to the US?

I believe VAWA is an option pre-LPR (green card) status (as is the OP's case).  For removal of conditions ( 2 years after obtaining a conditional green card), divorce waivers and battered spouse waivers are available to obtain a 10 year card.. 

Edited July 27, 2021 by Lucky Cat

[mushroomspore 3,044]

12 minutes ago, .yana said:

Yes, but I think the requirement (based on what someone else posted in this thread) was that the abuse itself happened inside of the US or that both spouses lived outside of the US while the spouse was working for the US government. In any event, it looks like VAWA becomes an option post conditional green card. Otherwise - on what grounds will the OP be immigrating to the US?

I think from what I read in the first 2 pages of this thread, it sounded like OP would be eligible pre-GC if the abuse had happened inside the USA. Regardless though, OP is not eligible and the next step is for them to accept this and start moving on by divorcing and considering B1/B2.

[SalishSea 18,020]

7 hours ago, sagar.bhandari said:

let me brief you again.

i got married  in india in 2014 after marry she abused me physically as well.   my wife went back to USA and she applied CR 1 Visa for me and i got i130 approved 

then USCIS transferred my case to NVC but she is not ready to continue my case and she keeps threatening me and abuse im stuck in between 

and also she not ready to divorce even.

thats why im thinking to go with VAWA application 

 

VAWA is not for getting a visa after a marriage dissolves prior to the consulate phase.  You have no case.

[SalishSea 18,020]

2 hours ago, sagar.bhandari said:

The problem is to get in usa because im helpless and idk what to do to whom should ask for help 

Why are you so desperate to get to the US?  Clearly, your wife has decided your marriage is over.  She has the right to do this.  You can divorce her, even if she is not involved with that process.

 

All you have with regards to US immigration is an approved petition.  That's it.  That is not a visa, or a green card, or a basis to file for VAWA.

 

There are many, many threads n VJ from people whose petitioners changed their mind midway through the process, and there is nothing to be done except for moving on.

 

It's also very unlikely you would get a B visa, as they will know that the plan is to self-petition for VAWA once you get here.

 

[SalishSea 18,020]

2 hours ago, sagar.bhandari said:

She was here in india with me when i got physical abused even i got broke my finger i do have all the proof 

Then why did you not call the local police?  The US department of state/USCIS does not police your community.

[Ontarkie 14,346]

Folks no attacking the OP. He asked a question and answers respectfully is all that is needed. Some are getting real close to a TOS Violation. 

 

 

 

Mod Hat off 

 

The OP has not answered a few questions but going off his posts it doesn't sound like he would qualify for VAWA

If his wife was there only once when they married and then returned to the US and has refused to continue the petition or even visit again. She may have also filed for divorce without the OP knowing. 

 

[Ontarkie 14,346]

BTW the OP has reached his post limits for the day. It will be tomorrow before he can comment more. 

[SusieQQQ 11,587]

47 minutes ago, mushroomspore said:

I think from what I read in the first 2 pages of this thread, it sounded like OP would be eligible pre-GC if the abuse had happened inside the USA. Regardless though, OP is not eligible and the next step is for them to accept this and start moving on by divorcing and considering B1/B2.

Hard to think  there is any reason for not divorcing other than the hope of a green card?

 

There  is a lot that doesn’t add up (OP claims does not know where spouse is yet that she continues to abuse him as example). 
 

If OP files this case and is rejected (as seems to many of us on the facts presented here that he will be, the facts presented do not fit the criteria) he will probably scuttle any chance of a tourist visa to the US forever.

 

 

16 minutes ago, Ontarkie said:

She may have also filed for divorce without the OP knowing. 

This occurred to me too.

[SusieQQQ 11,587]

2 hours ago, sagar.bhandari said:

She was here in india with me when i got physical abused even i got broke my finger i do have all the proof 

As bad as that is, it is not relevant for VAWA. VAWA (as you want to file it) requires that the abuse happened in the US.

[Demise 1,316]

2 hours ago, Lucky Cat said:

I believe VAWA is an option pre-LPR (green card) status (as is the OP's case).  For removal of conditions ( 2 years after obtaining a conditional green card), divorce waivers and battered spouse waivers are available to obtain a 10 year card.. 

VAWA is an umbrella, immigration part of which covers:

Pre-LPR: I-360 self-petition or EOIR-42B cancellation of removal

Post-Conditional LPR: I-751 abuse waiver filing

Naturalization: 3 year rule if you won any of the above

And a few other things like work permits for abused spouses of certain non-immigrant visa holders via form I-765V.

 

 

I-360 requires you to have been a victim of abuse while in US (or a victim of abuse by a US soldier or US government official spouse while abroad) but it could be filed from abroad if you qualify.

EOIR-42B is something you'd file only in removal proceedings, and literally only way to file for COR from abroad would be to get deported and then win a petition for review with a federal appeals court down the line.

 

Going back to OP. He did not live in US at any period of time, so abuse couldn't have happened in US, doesn't look like the wife was US Military or otherwise employed by the US government so he's got no case.

Edited July 27, 2021 by Demise