Help!! Can I apply for a vawa visa?

[lil mama 7]

Just now, Luckycuds said:

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. 

Exactly I'm  not going to lie at consulate and say marriage is good. I followed the protocols and filed the spousal visa and returned to canada until visa would be approved.

The abuse happened before the spousal visa could be approved and therefore I was not cohabitating with my husband. It's a stipulation I had no control over and all I can do is try to plead my case. I unfortunately suffered the abuse prior to being able to live together. But luckily got away from him and had a place to go for safety. 

[Crazy Cat 41,837]

1 hour ago, lil mama said:

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

Where is the case right now?  USCIS or NVC?

[lil mama 7]

Just now, Crazy Cat said:

Where is the case right now?  USCIS or NVC?

6 minutes ago, Luckycuds said:

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. 

Exactly I'm  not going to lie at consulate and say marriage is good. I followed the protocols and filed the spousal visa and returned to canada until visa would be approved.

The abuse happened before the spousal visa could be approved and therefore I was not cohabitating with my husband. It's a stipulation I had no control over and all I can do is try to plead my case. I unfortunately suffered the abuse prior to being able to live together. But luckily got away from him and had a place to go for safety. 

 

 

 

Case is at USCIS and not NVC

[Rocio0010 5,579]

Just asking out of true ignorance: OP is outside the US and planning to file for VAWA and return. Wouldn’t that be a red flag to the officer?

[Crazy Cat 41,837]

Everything I am seeing says you must prove you lived with the abuser.  That might be the hinge pin of your case.  Good luck.

[PaulaCJohnny 713]

Did you filed for divorce?

[lil mama 7]

5 minutes ago, PaulaCJohnny said:

Did you filed for divorce?

Not yet he was refusing to do it until recently and claims he will be also sending in a letter to cancel spousal visa.

[Boiler 45,468]

You do not need his permission to divorce.

[PaulaCJohnny 713]

9 minutes ago, lil mama said:

Not yet he was refusing to do it until recently and claims he will be also sending in a letter to cancel spousal visa.

To file for divorce in the New Jersey, you must have been a resident of the state for at least one year prior to the date of filing.So I think just him can ask for it

 

Edited August 19, 2021 by PaulaCJohnny

[lil mama 7]

1 minute ago, PaulaCJohnny said:

To file for divorce in the New Jersey, you must have been a resident of the state for at least one year prior to the date of filing.So I think just him can ask for it

 

Yes I am not the resident so he has to apply in his state of jersey 

[PaulaCJohnny 713]

4 minutes ago, Boiler said:

You do not need his permission to divorce.

In New Jersey’s law you need to be a resident 1 year prior the divorce. Can she file for it in Canada?

Edited August 19, 2021 by PaulaCJohnny

[Boiler 45,468]

Just now, PaulaCJohnny said:

In New Jersey’s law you need to be a resident 1 year prior the divorce. She can fill in Canada?

She lives in Canada, that would be the logical place to file.

 

[PaulaCJohnny 713]

6 minutes ago, Boiler said:

She lives in Canada, that would be the logical place to file.

 

I don’t know too much about divorce this is why I asked if she can do it from there. Thanks 😊 

So @lil mama I think you can start the divorce process right now 

Edited August 19, 2021 by PaulaCJohnny

[Boiler 45,468]

I am sure people divorce in Canada.

[HRQX 4,145]

9 hours ago, Luckycuds said:

you must be in the US to file VAWA (unless you are military abroad which is not your case).

It can be filed from abroad since the abuse occurred in the US: https://www.uscis.gov/sites/default/files/document/forms/i-360instr.pdf

Quote

If you are living abroad at the time of filing your petition, you may file the petition if:

1. The abuser is an employee of the U.S. Government;
2. The abuser is a member of the uniformed services; or
3. You were subjected to battery or extreme cruelty in the United States.

 

It's a IB-1 visa: https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/MonthlyIVIssuances/Immigrant Visa Symbols.pdf INA 204(a)(1)(A)(iii)