Help!! Can I apply for a vawa visa?

[mushroomspore 3,044]

3 minutes ago, lil mama said:

Yes spousal visa was filed I responded in previous comment asking if  it can be changed to vawa?

As explained, VAWA is only for those already inside the US and it is not a visa. How old is the marriage and when was the spousal visa filed? Did you ever report the abuse to police?

[lil mama 7]

October it was filed and I had no place to go in the usa. My daughter who is a US citizen lives with me in canada and I had to return home. 

[Boiler 45,856]

If your daughter is over 21 and wants to relocate then her sponsorship would seem easier.

[mushroomspore 3,044]

14 minutes ago, lil mama said:

October it was filed and I had no place to go in the usa. My daughter who is a US citizen lives with me in canada and I had to return home. 

Well since you were only admitted as a tourist in the previous trip, there was no way for you to stay inside the US long term without breaking the law anyway. Since the spousal visa was filed, you could try to continue pursuing that but it is technically still tied to your abuser. If you want a clean break from your abuser (which I think should be the priority), you can cancel the spousal visa and your daughter can petition you if she's 21+ (as Boiler stated).

[Pinkrlion 2,724]

COnfused........

 

You filed Spousal Visa in October 2020

When did you get married?

When the abuse occurred was it before you got married?

If you never lived together how did the abuse occur?

[Pinkrlion 2,724]

51 minutes ago, Boiler said:

Entering under an Immigrant Visa means VAWA not needed. Sounds like you will need to remove conditions with a divorce waiver which could be more complicated

NOT possible without initial issuance of Green Card

[carmel34 3,650]

Other than your daughter petitioning for you, you could consider filing an I-360 self-petition based on the fact that you were abused by a US citizen spouse when you were in the USA visiting.  Since you were not residing in the US it may be a long shot, but if you have documentation such as police reports to prove the abuse occurred, an experienced US immigration lawyer may be able to help you give it a try.  Do more research on the I-360 and if you think your evidence is strong, do an initial free consultation with a few good US immigration attorneys (I suggest meeting with attorneys in the US via Zoom) to get some second opinions and find out how costly and feasible this path would be.  Good luck!

 

https://www.uscis.gov/i-360

Edited August 19, 2021 by carmel34

[lil mama 7]

15 minutes ago, Pinkrlion said:

COnfused........

 

You filed Spousal Visa in October 2020

When did you get married?

When the abuse occurred was it before you got married?

If you never lived together how did the abuse occur?

Married in October filed in October. Abuse was over time but last time I was there in January 2021 was the last big one. 

[mushroomspore 3,044]

25 minutes ago, Pinkrlion said:

NOT possible without initial issuance of Green Card

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.

Edited August 19, 2021 by mushroomspore

[Boiler 45,856]

I feel like we are pulling teeth 

[Crazy Cat 42,028]

31 minutes 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.

It also depends on where the case is in the process......pre-NVC?  

Edited August 19, 2021 by Crazy Cat

[SalishSea 18,020]

This story really does not add up.  OP, if you could clarify the timeline and where you are in the process, it will be easier for people here to offer realistic advice.

 

Do you have police records of the abuse?

[Demise 1,316]

5 hours ago, lil mama said:

Hello 

 

I am a canadian that married a usa citizen in October 2020. After the marriage I found he was cheating and suffered mental and physical abuse while with him. I left and went back to Canada and asked for a divorce. However due to covid we never lived together. I am wanting to apply for the vawa visa and don't know if I can as I was forced to leave to return to Canada as I had no place to go and felt at risk for my safety if I stayed in the usa. Has anyone applied for it while not in the usa and I did not live with SO during the marriage as this happened rite after the marriage.

 

Can someone please help me

Well the requirements are as follows:

You were married to a US Citizen or Permanent Resident, or you believe you were married if not for their bigamy.

You are either married or the marriage was terminated within the last 2 years by death or divorce.

You suffered abuse from said spouse in US, or abroad if the spouse was in the US military or a government official.

You resided together at some point.

 

Basically, if you were abused in US and left, you are still eligible to file I-360 and do consular processing. Cohabitation can also be very loosely defined, even something like staying a few weeks together while you're a tourist would check that box.

 

 

3 hours ago, mushroomspore said:

You are correct that you can't move or live in the US until you have the correct visa. Visas are for entering the US under a specific status. There is no VAWA visa; there is only the VAWA self-petition, which can only be done for those already inside the US. So unfortunately you are not eligible. Did your spouse ever file for your spousal visa? 

There is a VAWA "visa" - IB1 (and similarly IB2 for eligible derivative children). It is a bit unusual for you to do consular processing for VAWA, but I know of at least a few people in the VAWA thread who've either done or are doing it that way. Most don't because a lot of VAWA applicants were previously out of status and they have to tie the abuse to their overstay in order to bypass the 10 year bar. But other than that, as long as the abuse happened at least partially in US, nothing prevents one from filing an I-360 from abroad.

Edited August 19, 2021 by Demise

[lil mama 7]

Married Oct 2020

Filed oct 2020 still in process not at nvc

Last visit January 2021 

 

Due to covid restrictions it was harder to come and see him. Prior I was there monthly for 10 days at a time. We filed spouse visa in October 2020 after wedding and I returned to canada as it states in application I needed to. January was big blow up and I left back to Canada as I had no place else to go in the US and had to for my safety. 

I was not aware of the vawa until 2 days ago so am wondering due to unforeseen circumstances am I able to apply as the requirements are you are to be living in the states. This was not possible due to the filing of the spouse visa. I had planned a life in the US and had planned a future with him as well as opening a buisneess there. I am not green card shipping as one person put. I feel I would face undue hardship and need to know if I am able to convert the spouse visa to a vawa. He said he will be filing for divorce and canceling the spouse visa.

Edited August 19, 2021 by lil mama
Edit

[Demise 1,316]

1 minute ago, lil mama said:

Married Oct 2020

Filed oct 2020

Last visit January 2021 

 

Due to covid restrictions it was harder to come and see him. Prior I was there monthly for 10 days at a time. We filed spouse visa in October 2020 after wedding and I returned to canada as it states in application I needed to. January was big blow up and I left back to Canada as I had no place else to go in the US and had to for my safety. 

I was not aware of the vawa until 2 days ago so am wondering due to unforeseen circumstances am I able to apply as the requirements are you are to be living in the states. This was not possible due to the filing of the spouse visa. I had planned a life in the US and had planned a future with him as well as opening a buisneess there. I am not green card shipping as one person put. I feel I would face undue hardship and need to know if I am able to convert the spouse visa to a vawa. He said he will be filing for divorce and canceling the spouse visa.

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