VAWA, Part 24

[Pinkrlion 2,672]

9 minutes ago, ThatImmigrant said:

Okay. I was sent here by someone at VJ. 'SORRY' like I said before!

I am sorry you have been given misinformation about VAWA.  I do not want you to waste your efforts in researching and asking questions on the wrong category.

 

Here is some info on what to submit for extreme cruelty:

 

If you are filing as an individual because you and/or your conditional resident child were battered or subjected to extreme cruelty, submit:

1. Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers, and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a shelter for the abused or similar refuge, as well as photographs evidencing your injuries.

2. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty.

Edited December 14, 2021 by Pinkrlion

[Account Deleted 15]

1 minute ago, Pinkrlion said:

It is you have been given misinformation about VAWA.  I do not want you to waste your efforts on the wrong category.

 

Here is some info on what to submit for extreme cruelty:

 

If you are filing as an individual because you and/or your conditional resident child were battered or subjected to extreme cruelty, submit:

1. Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers, and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a shelter for the abused or similar refuge, as well as photographs evidencing your injuries.

2. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty.

Thanks. I don't have any police reports because when the physical abuse happened my phone was snatched. And we are not divorced either and I am not planning on divorcing either. That's why my attorney told me to convert my i751 to extreme cruelty but she is asking fr $10k

[Pinkrlion 2,672]

2 minutes ago, ThatImmigrant said:

Thanks. I don't have any police reports because when the physical abuse happened my phone was snatched. And we are not divorced either and I am not planning on divorcing either. That's why my attorney told me to convert my i751 to extreme cruelty but she is asking fr $10k

There is an attorney that can help you file for the extreme cruelty waiver.  Send her a private message You can hire @sandranj

[Account Deleted 15]

3 minutes ago, Pinkrlion said:

There is an attorney that can help you file for the extreme cruelty waiver.  Send her a private message You can hire @sandranj

Wow. Thanks. I didnt know that she is an attorney but I already messaged her as someone else also told me the same thing.

[Demise 1,230]

1 hour ago, ThatImmigrant said:

Are you authorized to work in the US if you filed for a Wava waiver?

Yes, your I-751 receipt serves as an extension on your green card for 24 months.

1 hour ago, ThatImmigrant said:

So right now I have an extension letter but now I have to switch to either Vawa or divorce waiver. But I am not ready for a divorce, emotionally and a lot of cultural stuff is involved. I spoke with three attorneys and they said I should convert it to Vawa but other people here said I shouldn't

Your lawyers know your case better than any of us here. If they say you have a case for a VAWA claim, go with the VAWA claim. You can also seek multiple waivers on the same form, if you don't meet the threshold for one of them and get RFE'd or questioned at an interview you can withdraw one and keep the other.

[Account Deleted 15]

1 minute ago, Demise said:

Yes, your I-751 receipt serves as an extension on your green card for 24 months.

Your lawyers know your case better than any of us here. If they say you have a case for a VAWA claim, go with the VAWA claim. You can also seek multiple waivers on the same form, if you don't meet the threshold for one of them and get RFE'd or questioned at an interview you can withdraw one and keep the other.

Yes all three said I should file for Vawa but people here say I shouldn't

 

[Demise 1,230]

3 minutes ago, ThatImmigrant said:

Yes all three said I should file for Vawa but people here say I shouldn't

 

People have a tendency to recommend the path of least resistance, that's about it. Divorce waiver is definitely easier than a VAWA waiver.

[Account Deleted 15]

6 minutes ago, Demise said:

Yes, your I-751 receipt serves as an extension on your green card for 24 months.

Your lawyers know your case better than any of us here. If they say you have a case for a VAWA claim, go with the VAWA claim. You can also seek multiple waivers on the same form, if you don't meet the threshold for one of them and get RFE'd or questioned at an interview you can withdraw one and keep the other.

They said extreme cruelty because I am a Conditional GC holder

Just now, Demise said:

People have a tendency to recommend the path of least resistance, that's about it. Divorce waiver is definitely easier than a VAWA waiver.

I am not ready for a divorce  I am hurting myself for someone who doesn't care. I wish I could choose what's best for me

[Account Deleted 15]

1 minute ago, Demise said:

People have a tendency to recommend the path of least resistance, that's about it. Divorce waiver is definitely easier than a VAWA waiver.

If I decided to divorce (I don't think so but let's say), do I still need to hire a lawyer? The attorney is asking for $10k upfront for vawa or $12500 if I go for a payment plan. It's a lot

[Demise 1,230]

2 minutes ago, ThatImmigrant said:

They said extreme cruelty because I am a Conditional GC holder

Physical violence or extreme cruelty is one of the basis of any VAWA claim. Regardless of if you're filing an I-360 to self-petition, I-751 to remove conditions, or EOIR-42B to seek cancellation of removal.

 

There is another non-VAWA waiver for removal of conditions which relates not to "extreme cruelty" but to "extreme hardship". Basically your life is going to get very very bad if you lose your green card and get deported.

 

Just now, ThatImmigrant said:

If I decided to divorce (I don't think so but let's say), do I still need to hire a lawyer? The attorney is asking for $10k upfront for vawa or $12500 if I go for a payment plan. It's a lot

Depends on the divorce case. If your ex is willing to go for an uncontested divorce and you don't have any assets that need to be split then you can likely DIY the divorce. Otherwise I'd recommend getting a lawyer for that.

 

Divorce waiver filing would be cheaper since it is an easier case, you just have to prove that you legally divorced and the marriage was legit while it lasted. I don't recommend DIYing waiver I-751 cases regardless of which waiver you seek unless you really know what you're doing.

[Account Deleted 15]

1 minute ago, Demise said:

Physical violence or extreme cruelty is one of the basis of any VAWA claim. Regardless of if you're filing an I-360 to self-petition, I-751 to remove conditions, or EOIR-42B to seek cancellation of removal.

 

There is another non-VAWA waiver for removal of conditions which relates not to "extreme cruelty" but to "extreme hardship". Basically your life is going to get very very bad if you lose your green card and get deported.

 

Depends on the divorce case. If your ex is willing to go for an uncontested divorce and you don't have any assets that need to be split then you can likely DIY the divorce. Otherwise I'd recommend getting a lawyer for that.

 

Divorce waiver filing would be cheaper since it is an easier case, you just have to prove that you legally divorced and the marriage was legit while it lasted. I don't recommend DIYing waiver I-751 cases regardless of which waiver you seek unless you really know what you're doing.

So my case would be simple in case of divorce because I don't have kids and my husband has no assets, everything is in his parents name. It would be uncontested divorce cuz he has been threatening to divorce me, initially I begged him for the whole year cuz I loved him, I still do but eventually I got tired, seeing him supprting the other woman (His new one) Over me, I told him that he can divorce if he doesn't wanna work on the marriage, it's been months, no answer. He basically doesn't wanna do anything just wants me to do something or maybe he is also as confused as I am because mainly his mom is the main character of this story. He is not a bad person, he is just so controlled by his  mom that he is unable to see what she is making him do (At least that;s what I think). But therapists have told me that I don't want to see him as a bad guy in my story 

[HustlingStill 156]

6 minutes ago, ThatImmigrant said:

So my case would be simple in case of divorce because I don't have kids and my husband has no assets, everything is in his parents name. It would be uncontested divorce cuz he has been threatening to divorce me, initially I begged him for the whole year cuz I loved him, I still do but eventually I got tired, seeing him supprting the other woman (His new one) Over me, I told him that he can divorce if he doesn't wanna work on the marriage, it's been months, no answer. He basically doesn't wanna do anything just wants me to do something or maybe he is also as confused as I am because mainly his mom is the main character of this story. He is not a bad person, he is just so controlled by his  mom that he is unable to see what she is making him do (At least that;s what I think). But therapists have told me that I don't want to see him as a bad guy in my story 

check your inbox

[Demise 1,230]

7 minutes ago, ThatImmigrant said:

So my case would be simple in case of divorce because I don't have kids and my husband has no assets, everything is in his parents name. It would be uncontested divorce cuz he has been threatening to divorce me, initially I begged him for the whole year cuz I loved him, I still do but eventually I got tired, seeing him supprting the other woman (His new one) Over me, I told him that he can divorce if he doesn't wanna work on the marriage, it's been months, no answer. He basically doesn't wanna do anything just wants me to do something or maybe he is also as confused as I am because mainly his mom is the main character of this story. He is not a bad person, he is just so controlled by his  mom that he is unable to see what she is making him do (At least that;s what I think). But therapists have told me that I don't want to see him as a bad guy in my story 

Yeah it would be easier to divorce and do the divorce waiver in your case.

[Account Deleted 15]

1 minute ago, Demise said:

Yeah it would be easier to divorce and do the divorce waiver in your case.

But I am not ready because he moved on but I couldn't and he is still stringing me along. 

[CDIRL 32]

4 hours ago, balo101 said:

 

 

 

Yeah, I think that's gonna be my next step. I've already sent my I-765 renewal in October 2021, so hopefully they may be able to work on both simultaneously. 🤞🏻