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

[Pinkrlion 2,724]

11 hours 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. 

That is incorrect.  You must be a government employee assigned abroad when the abuse occurs abroad, not that you are a government employee in the US.  

[Timona 4,207]

1 hour ago, Pinkrlion said:

That is incorrect.  You must be a government employee assigned abroad when the abuse occurs abroad, not that you are a government employee in the US.  

 

I am learning too.

Someone already posted that USPS employees are not even considered government employees. So looks like a snag.

[Sam100 2]

Hi ,

 

I hope you are doing well & safe.

 

 let me be brief about my situation I am from India currently working in Dubai 

 

I have a query about CR 1 Visa. I'm looking for a lawyer who can help me with this case. my I130 is approved from USCIS on 21 Jan 2015 now my case is under NVC but the problem is. It's been 6 years since she keeps threatening me and abuse what is the way to continue this case without the petitioner? 

 

am I eligible for the VAWA process ??

 

1- she used to work for us gov thats for sure from 2015 to 2017 or 2016 to 2019

2- im 99.9 % she got married again in usa without divorce.

please see the screen shot age 49 that was her X husband before me age 40 im sure she got married with him without divorce me  how can i be sure and proof that

 

please help

 

[Boiler 45,532]

There is no way to continue the case without the petitioner.

[Sam100 2]

18 minutes ago, sagar.bhandari said:

Hi ,

 

I hope you are doing well & safe.

 

 let me be brief about my situation I am from India currently working in Dubai 

 

I have a query about CR 1 Visa. I'm looking for a lawyer who can help me with this case. my I130 is approved from USCIS on 21 Jan 2015 now my case is under NVC but the problem is. It's been 6 years since she keeps threatening me and abuse what is the way to continue this case without the petitioner? 

 

am I eligible for the VAWA process ??

 

1- she used to work for us gov thats for sure from 2015 to 2017 or 2016 to 2019

2- im 99.9 % she got married again in usa without divorce.

please see the screen shot age 49 that was her X husband before me age 40 im sure she got married with him without divorce me  how can i be sure and proof that

 

please help

 

I think im eligible for VAWA 

[SusieQQQ 11,586]

Well I think it’s pretty far fetched that she’s remarried but hasn’t bothered withdrawing the i130?  Those people search websites are not very accurate and yes an ex spouse  will often still be on there. Doesn’t mean they are married now. If you want to do a self petition then do that, don’t bother with stuff like this that not only is unreliable but has zero to do with the factors involved in a VAWA petition. 

 

Please come back and update us on the result of the petition when you eventually get a decision, I guess it will take a while to find out. Processing time for i360s is 20-26 months at present.

[Sam100 2]

@SusieQQQ

 

i do have some proof as well that she got married in USA without divorce me i believe if i can get good lawyer so i can file a case against her and file VAWA as well.

please advice   

[SusieQQQ 11,586]

42 minutes ago, sagar.bhandari said:

@SusieQQQ

 

i do have some proof as well that she got married in USA without divorce me i believe if i can get good lawyer so i can file a case against her and file VAWA as well.

please advice   

What do you hope to achieve by doing that (what kind of case will you file anyway, a divorce case does not need blame in the US? It will cost you a lot of money and won’t help your VAWA case.

 

by the way I really hope you have more VAWA proof than what you have indicated here (including a police report filed at the time about the broken finger, as there are a number of ways a finger can get broken during a fight including in self defense.)  You’ll also need proof your wife had the correct form of government employment for you to qualify, a fact that seems in some doubt to people here. You’ll certainly find a lawyer happy to take your money to file the case for you, make sure it’s someone who knows what they are doing and will be honest with you about whether or not you do have a case. Legal fees are not refundable if the case is denied.

Edited July 29, 2021 by SusieQQQ

[Sam100 2]

7 minutes ago, SusieQQQ said:

 

 

7 minutes ago, SusieQQQ said:

 

by the way I really hope you have more VAWA proof than what you have indicated here (including a police report filed at the time about the broken finger, as there are a number of ways a finger can get broken during a fight including in self defense.)  You’ll also need proof your wife had the correct form of government employment for you to qualify, a fact that seems in some doubt to people here. You’ll certainly find a lawyer happy to take your money to file the case for you, make sure it’s someone who knows what they are doing and will be honest with you about whether or not you do have a case. Legal fees are not refundable if the case is denied.

how i can file VAWA my self i do have medical record of my finger and i did not call police because i believe you understand that well I was in love and don't wanted to spoil relation that time. i do have one police report but that for someone stolen our phone 

[Crazy Cat 41,888]

7 hours ago, sagar.bhandari said:

I think im eligible for VAWA 

I think you are dreaming.....there is no immigration path for you without the cooperation of your wife.  Whether she married again illegally is of no relevance to YOUR case.  I think you are going to find a huge amount of disappointment after spending a lot of money.  Good luck with moving on and finding peace.  

[Crazy Cat 41,888]

5 hours ago, sagar.bhandari said:

@SusieQQQ

 

i do have some proof as well that she got married in USA without divorce me i believe if i can get good lawyer so i can file a case against her and file VAWA as well.

please advice   

What kind of case would you file?   

[Crazy Cat 41,888]

7 hours ago, SusieQQQ said:

Well I think it’s pretty far fetched that she’s remarried but hasn’t bothered withdrawing the i130?

That brings up another point.  If she divorced the OP (even without his knowledge), the OP's approved I-130 is no longer valid as the basis for the I-130 no longer exists.

[SusieQQQ 11,586]

15 minutes ago, Lucky Cat said:

That brings up another point.  If she divorced the OP (even without his knowledge), the OP's approved I-130 is no longer valid as the basis for the I-130 no longer exists.

The i130 doesn’t matter anyway as it’s clear the petitioner is not taking it anywhere. If there was a divorce more than two years ago I believe there is no spousal relationship basis for a vawa filing either. OP doesn’t really seem to know what his wife has been doing so impossible to say from here. 
 

 

[Chancy 6,241]

5 hours ago, sagar.bhandari said:

how i can file VAWA my self i do have medical record of my finger and i did not call police because i believe you understand that well I was in love and don't wanted to spoil relation that time. i do have one police report but that for someone stolen our phone 

 

A police report of your phone being stolen is irrelevant.  A medical record of your broken finger is also irrelevant if you do not have a police report indicating that the broken finger was caused by your wife assaulting you.  Again, USCIS will not care why you did not call the police.  If you have no police report or any evidence that your injury was caused by your wife, you have nothing to support your VAWA claim.

 

[SusieQQQ 11,586]

6 hours ago, sagar.bhandari said:

 

how i can file VAWA my self 

I posted what you need early in the thread 

 

On 7/27/2021 at 5:46 AM, SusieQQQ said:

EVIDENCE. You may file your self-petition with any credible relevant evidence of your eligibility. The determination of what evidence is credible and the weight to be given that evidence is within the sole discretion of USCIS; therefore, you are encouraged to provide the following documentation:
1. Evidence of the abuser’s U.S. citizenship or lawful permanent resident status;
2. Marriage and divorce decrees, birth certificates, or other evidence of your legal relationship to the abuser;

  3. One or more documents showing that you and the abuser have resided together, such as employment records, utility receipts, school records, hospital or medical records, birth certificates of children, mortgages, rental records, insurance policies, or affidavits;
4. Evidence of the abuse, such as reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel. If you have an order of protection, or have taken other legal steps to end the abuse, you should submit copies of those court documents;
5. If you are 14 years of age or older, your affidavit of good moral character accompanied by a local police clearance, state-issued criminal background check, or similar report from each locality or state in the United States or abroad where you have resided for six or more months during the 3-year period immediately before the filing of your self-petition; and
6. If you are a spouse, submit evidence showing your marriage was entered in good faith, such as proof that one spouse has been listed as the other’s spouse on insurance policies, property leases, properly filed tax forms, or bank statements. You may also submit your affidavit or affidavits of others who have knowledge of your courtship, wedding ceremony, shared residence, and other life experiences, if available.
NOTE: A VAWA self-petitioning spouse or child of a U.S. citizen or lawful permanent resident, or a VAWA self- petitioning parent of a U.S. citizen son or daughter, may submit any relevant credible evidence in place of the suggested evidence.