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

[Timona 4,207]

5 hours ago, Demise said:

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.

He did say the wife worked for US government. 

[SusieQQQ 11,586]

12 minutes ago, Timona said:

He did say the wife worked for US government. 

He said he thought his wife may have worked for them in the past. Doesn’t sound like the evidence he’ll need. 

 

 

[Timona 4,207]

15 hours ago, sagar.bhandari said:

she used to work for  U.S. Government as i remembered  i have no idea where she working currently 

 

1 hour ago, SusieQQQ said:

He said he thought his wife may have worked for them in the past. Doesn’t sound like the evidence he’ll need. 

@SusieQQQ 👆

 

On another note: Seems I've typed your username multiple times such that my phone has you saved and ready for auto fill. Hahaha @SusieQQQ

 

OP: What work did she use to do? Just trying to see if it was government or not @sagar.bhandari

Edited July 28, 2021 by Timona

[Timona 4,207]

OP says the lady used to work for USPS but he currently doesn't know where she works or if she still works there. So he's trying to figure that out. 

[SusieQQQ 11,586]

17 minutes ago, Timona said:

On another note: Seems I've typed your username multiple times such that my phone has you saved and ready for auto fill. Hahaha

😂

 

My reading of the form instructions is that the spouse must be a current government employee at the time of filing. I personally think OP has a vey tall mountain to climb to try prove this case. 

[Timona 4,207]

5 minutes ago, SusieQQQ said:

😂

 

My reading of the form instructions is that the spouse must be a current government employee at the time of filing. I personally think OP has a vey tall mountain to climb to try prove this case. 

 

I guess it's time I got a new phone. @Lucky Cat isn't even as lucky as his username states because though I'm quite sure I've tagged him more than you, he isn't on autofill on my phone, yet you are. You owe me a new phone. Seems my phone has patronized you. 

[Timona 4,207]

10 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.. 

 

10 hours 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?

 

7 hours ago, Demise said:

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.

@SusieQQQ these guys were heading somewhere with the theory. However, OP will have to confirm if petitioner was government employee at time of filing. That make sense for the petition to stand and I do agree. 

Edited July 28, 2021 by Timona

[SusieQQQ 11,586]

35 minutes ago, Timona said:

 

 

@SusieQQQ these guys were heading somewhere with the theory. However, OP will have to confirm if petitioner was government employee at time of filing. That make sense for the petition to stand and I do agree. 

Yes I already posted the requirements for filing from abroad early in the thread.

[Ontarkie 14,234]

51 minutes ago, Timona said:

 

 

@SusieQQQ these guys were heading somewhere with the theory. However, OP will have to confirm if petitioner was government employee at time of filing. That make sense for the petition to stand and I do agree. 

SHe also would have to have been working abroad. It didn't sound like that. He made it sound like she was there long enough to get married, break his finger and never want to return. 

[Sam100 2]

7 hours ago, Timona said:

OP says the lady used to work for USPS but he currently doesn't know where she works or if she still works there. So he's trying to figure that out. 

she used to work for USPS as i remember 

[Crazy Cat 41,901]

2 minutes ago, sagar.bhandari said:

she used to work for USPS as i remember 

I still think there is no case for VAWA here.  Good luck in your divorce.  I hope you find happiness and peace.  Life is too short to be miserable.  

[.yana 597]

IDK if working for USPS qualifies as working for US government:

 

Are Postal Workers Federal Employees?

As a postal worker, you must follow federal rules, and you receive federal benefits. However, the U.S. Bureau of Labor Statistics doesn’t consider postal workers federal employees because the postal service is a quasi-federal agency. The U.S. Constitution created the post office, so Congress has direct control over the rules and regulations the post office must follow concerning operations and personnel. However, the U.S. Postal Service does not receive tax dollars—all of its revenue comes from the sale of stamps and other mail supplies.

 

Is the USPS a government job?

 

The United States Postal Service (USPS; also known as the Post Office, U.S. Mail, or Postal Service) is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the United States, including its insular areas and associated states.

Edited July 28, 2021 by .yana

[Boiler 45,558]

Why would USPS send an employee to India?

[Sam100 2]

5 minutes ago, Boiler said:

Why would USPS send an employee to India?

She used to work in usa not in india kindly go through this again so you can get to know what is that problem

[Boiler 45,558]

At  least we have a definitive answer.