Is VAWA feasible after I-864 withdrawal?

[R. Wolfe 25]

I recently sent in a request to withdraw Form I-864 as it has become clear my wife is only with me for the greencard and would be gone ASAP after our adjustment interview (which hasn't been scheduled yet).

 

When I discussed the I-864 withdrawal, and starting divorce proceedings, with her she threaten to file a (false) abuse report against me so that she could use VAWA to continue with her green card process. 

 

I'm not really familiar with the Violence Against Women Act. Is this a feasible route for her given that there has NEVER been a problem reported (either in this marriage in the 20 years of my previous one), and that the Adjustment of Status process is already dead (so can't possibly be used as blackmail - which is what I read VAWA is mean to prevent)?

 

 

 

I don't particularly mind if she stays in the country and continues the immigration process. I just don't want to be responsible financially for her indefinitely - especially if we divorce and she marries someone else or some such. I am, however, VERY concerned about the effect false reports could have on my life and my future. I've read all the stuff about staying apart, recording  interactions, and so forth to protect myself and I'll do that where possible (she can't rent a place without an SSN so we're kind of stuck). I'm mainly concerned about the credibility of her threat and the ramifications it could have on me.

 

She's also said that she will contest the divorce as much as possible. I'm not sure if that's related to her VAWA plan or not. 

 

 

 

[HRQX 4,145]

25 minutes ago, x3n said:

Is VAWA feasible after I-864 withdrawal?

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

Are There Exceptions to Who Needs to Submit Form I-864?

The following types of intending immigrants do not need to file Form I-864:

1. Any intending immigrant who has earned or can receive credit for 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parents while the immigrants were under 18 years of age. The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. See the SSA website at https://www.ssa.gov/myaccount/ for more information;
2. Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act of 2000 (CCA);
3. Self-petitioning widows or widowers who have an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; and
4. Self-petitioning battered spouses and children who have an approved Form I-360.

NOTE: If you qualify for one of the exemptions listed above, submit Form I-864W, Intending Immigrant’s Affidavit of Support Exemption, instead of Form I-864.

Edited October 11, 2021 by HRQX

[Mike E 11,739]

36 minutes ago, x3n said:

I recently sent in a request to withdraw Form I-864 as it has become clear my wife is only with me for the greencard and would be gone ASAP after our adjustment interview (which hasn't been scheduled yet).

 

When I discussed the I-864 withdrawal, and starting divorce proceedings, with her she threaten to file a (false) abuse report against me so that she could use VAWA to continue with her green card process. 

If she does so, hire a criminal defense attorney and civil defamation attorney, and do as they instruct. Do not discuss this with police (or here) except after consulting with your attorneys. 

 

36 minutes ago, x3n said:

 

I'm not really familiar with the Violence Against Women Act.

 

See also 

 

[R. Wolfe 25]

Thank you for the links. In one of the linked threads someone says:

"The VAWA claim is her business and she has to prove abuse, but it doesn't involve you or your side of the story."

Is that true? I doubt it's that easy, but if she can just make whatever false VAWA claims she feels necessary in order to stay in the US and it doesn't have anything to do with me, then fine.

 

[R. Wolfe 25]

Just checking in because I haven't been able to find an answer to my original question:

 

Can one begin the process of using the Violence Against Women Act to pursue a greencard even if the I-864 (Affidavit of Support) was withdrawn before the Adjustment of Status interview (so the interview/adjustment never happened)?

[Boiler 45,475]

She can absolutely file, there are many self help groups out there that provide assistance.

 

She does not need a SSN to rent, mind you she could have got one.

[Mike E 11,739]

On 10/10/2021 at 7:08 PM, x3n said:

Thank you for the links. In one of the linked threads someone says:

"The VAWA claim is her business and she has to prove abuse, but it doesn't involve you or your side of the story."

Is that true? I doubt it's that easy, but if she can just make whatever false VAWA claims she feels necessary in order to stay in the US and it doesn't have anything to do with me, then fine.

 

I’ve never heard of USCIS contacting local law enforcement after reading VAWA allegations of the petitioner being violent toward the beneficiary but I suppose it could happen. Yet another reason  to hire legal representation.  

[milimelo 4,477]

On 10/11/2021 at 3:55 AM, x3n said:

 

 

 

I don't particularly mind if she stays in the country and continues the immigration process. I just don't want to be responsible financially for her indefinitely - especially if we divorce and she marries someone else or some such. 

 

 

 

So aside from VAWA, there’s no way for  her to adjust status through anyone else as she came in on a K-1 visa. Probably the reason she’s threatening VAWA route. Marrying another USC would require her to go back to Thailand and do consular processing of immigrant visa. 

[Chancy 6,241]

1 hour ago, x3n said:

Just checking in because I haven't been able to find an answer to my original question:

 

The first reply above (from HRQX) answered your question.  VAWA petitioners are self-petitioners and are exempted, ie, do not require an I-864 from their USC spouses.

 

So yes, if your spouse takes the VAWA route, she will not need an I-864 from you to pursue a green card.  In fact, you will not be involved at all in her VAWA case.  Note that if she successfully gets a GC this way, USCIS will forever have records of you being a domestic abuser.  That could hinder any attempts you may have in the future to sponsor another foreign spouse.

 

[R. Wolfe 25]

Thanks for the information all. It's odd how on the one hand the process "doesn't involve me at all", and on the other it could result in a permanent black mark that seriously affects my life. Proof is required, but they don't check with police? There's no opportunity to present counter evidence? It all seems very contradictory and confusing, and a very easy way for the beneficiary to black mail their petitioner. I can certainly understand that something is needed to protect women from abuse. I can only hope that the process in place is not as easily misused as it appears to be.

[Boiler 45,475]

VJ has a mega VAWA thread, and certainly does not seem a high hurdle.

 

Despite its name it is not just for women applies to all genders.

 

 

 

 

[Demise 1,281]

5 hours ago, Chancy said:

 

The first reply above (from HRQX) answered your question.  VAWA petitioners are self-petitioners and are exempted, ie, do not require an I-864 from their USC spouses.

 

So yes, if your spouse takes the VAWA route, she will not need an I-864 from you to pursue a green card.  In fact, you will not be involved at all in her VAWA case.  Note that if she successfully gets a GC this way, USCIS will forever have records of you being a domestic abuser.  That could hinder any attempts you may have in the future to sponsor another foreign spouse.

 

Whereas USCIS would have a record of the VAWA claim it won't really come up in the future. Them precluding you from sponsoring a different spouse in the future would be a pretty serious violation of 5th (due process) and 6th (right to know the charges against you, right to face your accuser) amendment rights, then there's also the privacy protections of VAWA (which would further clash with the 5th and 6th if actually held against you), USCIS is not allowed to in any way disclose to you that a VAWA claim was filed against you.

 

Only thing that prevents one from sponsoring relatives in the future are sexual offenses against a minor under the Adam Walsh Act, and these do require an actual conviction not merely that you committed the crime. Other than that, even inmates on death row still have the right to petition for a relative.

Edited October 17, 2021 by Demise