Help!! Can I apply for a vawa visa?

[lil mama 7]

Just now, Demise said:

Has any of the abuse in question happened while you were both in US?

Abuse was in usa yes but I did not file any police report I have pictures and messages of him admitting it and apologizing saying it would never happen again. 

[Demise 1,281]

3 minutes ago, lil mama said:

Abuse was in usa yes but I did not file any police report I have pictures and messages of him admitting it and apologizing saying it would never happen again. 

Yeah, you actually have a case. The biggest hurdle you'll have to clear is just proving cohabitation and good faith marriage, which as long as you stayed together to the extend permitted by whatever tourist visa you were on, and have done things that spouses generally do, you can do. Find a good lawyer, VAWA isn't something I recommend DIYing.

Edited August 19, 2021 by Demise

[portorusa 431]

VAWA petition CAN be filed from outside of the US provided the abuse happened in the US. The questions to OP regarding her intentions are unethical, IMHO. She asked if she can file VAWA, and the answer is YES.

The burden to prove cohabitation is still on OP though.

[EmilyW 1,434]

People are asking questions about intentions because the OP is/wasdrip-feeding information.  In order to solve the puzzle, people need all the pieces so that good advice can be offered.

 

OP, I have no advice to offer other than please stay safe and protect you and yours.

[lil mama 7]

6 minutes ago, EmilyW said:

People are asking questions about intentions because the OP is/wasdrip-feeding information.  In order to solve the puzzle, people need all the pieces so that good advice can be offered.

 

OP, I have no advice to offer other than please stay safe and protect you and yours.

Intentions and information are two different things!

[carmel34 3,621]

44 minutes ago, lil mama said:

Abuse was in usa yes but I did not file any police report I have pictures and messages of him admitting it

Could be a tough road without a police report.  Your only path forward is via an I-360 and hiring a very experienced US immigration attorney who has experience with similar I-360 VAWA cases.  This is not a DIY case IMO.  The road will be long and expensive, with no guarantee of success at the end.  So be aware of this before you start spending lots of money on an attorney.  Given what you have posted so far, and if you want to try and immigrate to the US to live permanently, you are more likely to be successful if your USC daughter petitions for you after she turns 21.  Good luck!

Edited August 19, 2021 by carmel34

[Demise 1,281]

21 minutes ago, carmel34 said:

Could be a tough road without a police report.  Your only path forward is via an I-360 and hiring a very experienced US immigration attorney who has experience with similar I-360 VAWA cases.  This is not a DIY case IMO.  The road will be long and expensive, with no guarantee of success at the end.  So be aware of this before you start spending lots of money on an attorney.  Given what you have posted so far, and if you want to try and immigrate to the US to live permanently, you are more likely to be successful if your USC daughter petitions for you after she turns 21.  Good luck!

Police reports are the best evidence of abuse, but USCIS knows that vast majority of DV cases just go unreported, so they'll take other things like a self-affidavit and psychological evaluation. I've seen cases approved on psych evaluations or even self-affidavits alone if they're grisly enough. This is unlike something like U-visa where a police report is a must.

 

In fact looking through the VAWA thread over in Effects of Major Family Changes on Immigration Benefits few if any get RFE'd for evidence of abuse. RFEs that do happen relate more to cohabitation and bona fides of the marriage, and more rarely to whether you were properly divorced and therefore free to re-marry.

 

I don't think OP stands to lose anything more than lawyer fees in trying. She does seem to meet the statutory requirements at very least.

Edited August 19, 2021 by Demise

[belinda63 3,038]

A big  difference here is they were not co-habitating. She could have left at any time and gone home and she didn't have to come visit him and put herself in that situation. I am not saying he was not abusive I am just pointing out that unlike most DV cases she had a place to go to at any time, she was not forced to endure it. 

[Nat&Amy 623]

Filing for VAWA does not excuse one from presenting evidence of bonafide marriage. OP, what evidence were you able to gather to show you entered the marriage in good faith?  If you got married in October and abuse quickly followed, providing evidence of a life together/ financial commingling/ cohabitation might be tricky.

 

I'm very sorry to hear that happened to you and wish you luck in your journey. Make sure to consult with a good immigration lawyer to evaluate your chances and bridge any gaps your application might present.

[lil mama 7]

16 minutes ago, belinda63 said:

A big  difference here is they were not co-habitating. She could have left at any time and gone home and she didn't have to come visit him and put herself in that situation. I am not saying he was not abusive I am just pointing out that unlike most DV cases she had a place to go to at any time, she was not forced to endure it. 

We were not cohabitating as to not affect the spousal visa filed.

 

Now to address your comments.

 

"I didn't have to come visit him and put herself in that situation"

Do you think I knew he was going to be abusive and look into a crystal ball before coming. Another pointless comment and I really am questioning your reasoning. 

 

 

"I was not forced to endure it" 

So because I had an option to leave it didn't happen or makes it ok? These types of comments are very unnecessary. I still endured it. It doesn't make it okay or not valid if the abused person has a place to go. This is absolutely ridiculous I'm looking for people who have had similar experience and not people's opinions. 

[SalishSea 17,818]

1 minute ago, lil mama said:

We were not cohabitating as to not affect the spousal visa filed.

 

Now to address your comments.

 

"I didn't have to come visit him and put herself in that situation"

Do you think I knew he was going to be abusive and look into a crystal ball before coming. Another pointless comment and I really am questioning your reasoning. 

 

 

"I was not forced to endure it" 

So because I had an option to leave it didn't happen or makes it ok? These types of comments are very unnecessary. I still endured it. It doesn't make it okay or not valid if the abused person has a place to go. This is absolutely ridiculous I'm looking for people who have had similar experience and not people's opinions. 

Not sure how you’ll get around the requirement to have lived together.    
 

 

[lil mama 7]

2 minutes ago, Jorgedig said:

Not sure how you’ll get around the requirement to have lived together.    
 

 

Due to the fact the spousal visa was filed in oct 2020 after the marriage and states I am unable to until approval.

[beloved_dingo 1,976]

39 minutes ago, belinda63 said:

A big  difference here is they were not co-habitating. She could have left at any time and gone home and she didn't have to come visit him and put herself in that situation. I am not saying he was not abusive I am just pointing out that unlike most DV cases she had a place to go to at any time, she was not forced to endure it. 

This is said about many DV/spousal abuse victims and is not really a productive or accurate statement. Many abusers are very manipulative, and we don't know the specifics of what the OP went through (nor should we). OP states they were married in Oct. 2020 and her last visit was Jan. 2021 so all things considered she actually got out of the situation pretty quickly. 

[belinda63 3,038]

Here are the basic requirements to file VAWA: All of the below have to be proven.

 

As to my comment about you having the ability to leave I clearly stated it was not intended to sound like I was saying you weren't abused I am just stating how lucky you were to have a place you could go. Most ppl stay in an abusive relationship because the abuser controls the finances and alienates the abused from family and friends. 

 

Proof of extreme cruelty will be hard to prove without police reports, it is my understanding you could have multiple appointments with a mental health doctor who, after examination, may be able to provide a statement to support this claim.

The one you can't overcome is "Proof you resided with your spouse". 

 

Eligibility Requirements for a Spouse

• Qualifying spousal relationship:
  • You are married to a U.S. citizen or permanent resident abuser or
  • your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition, or
  • your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or
  • you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
• You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse:
  • You have been abused by your U.S. citizen or permanent resident spouse, or
  • your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.
• You entered into the marriage in good faith, not solely for immigration benefits.
• You have resided with your spouse.
• You are a person of good moral character.

[Lucky2Lucky 2,526]

5 hours ago, mushroomspore said:

What's not possible? OP said spousal visa was already filed. If she decides to continue that and enter the US with it, she won't need VAWA. But there's the issue of actually getting the card, which will be mailed to her abuser's address. She also could file for divorce and do RoC but will likely be scrutinized to a certain extent due to timing etc.

Would OP have a chance of getting approved though? When she is at the consulate and asked about her marriage and she says she was abused countless times and they are filing for divorce… Or she can lie and say everything is dandy..which would be misrepresentation/lies…so I don’t see how she can get the card.