VAWA - After 4 years of divorce

[VolksWagon99 5]

One of my friend's friend mentioned that he filed VAWA after 4 years of divorce. 

 

Wondering if thats possible; is there any way to file after such long time

[Rocio0010 5,586]

We definitely need more background information to be able to answer this.

[VolksWagon99 5]

I can try....Let me know what Qs

 

But in any scenarios, is it possible to file after 4 years of divorce?

@SandraNJ, @Demise, @HustlingStill

 

 

[HustlingStill 156]

It's only within 2 years , not 4

[JeanneAdil 6,605]

filed for what ?

seems he's been here a long time 

and would it be for citizenship   - 5 years in US  is long enough to apply on his own

for ROC?

do the divorce papers say he was abused?

are there police reports for abuse?

and who did the abuse ?  him or spouse?

[SalishSea 18,016]

2 minutes ago, JeanneAdil said:

filed for what ?

seems he's been here a long time 

and would it be for citizenship   - 5 years in US  is long enough to apply on his own

for ROC?

do the divorce papers say he was abused?

are there police reports for abuse?

and who did the abuse ?  him or spouse?

Abusers can seek VAWA?

[Boiler 45,837]

For ex-spouses, if marriage ends in divorce because of abuse or cruelty, you can still file a VAWA petition within two years of the end of the marriage. 

[HustlingStill 156]

12 minutes ago, HustlingStill said:

It's only within 2 years , not 4 @VolksWagon99

 

[VolksWagon99 5]

23 minutes ago, HustlingStill said:

 

Yes, thats what my understanding is.  I was wondering if there any ways to overcome that 2 years limit?

One thing strange thing he mentioned that, he got AOS interview notice in 2021 when divorce was done in 2016 (history- married USC & filed AOS 2014, Denied AOS 2015, won BIA Appealed 2016, div 2016, USCIS just did nothing for 5 yrs, then sent interview notice in 2021). He was not aware of vawa earlier. He filed VAWA after receiving  interview notice or something like that.

 

My question is, ...is that possible or he qualifies to file vawa (assuming other conditions met, what about  duration/timing )

@Rocio0010, @HustlingStill

Edited January 14, 2022 by VolksWagon99

[SalishSea 18,016]

1 minute ago, VolksWagon99 said:

Yes, thats what my understanding is.  I was wondering if there any ways to overcome that 2 years limit?

One thing strange thing he mentioned that, he got AOS interview notice in 2021 when divorce was done in 2016 (history- married USC & filed AOS 2014, Denied AOS 2015, won BIA Appealed 2016, div 2016, USCIS just did nothing for 5 yrs, then sent interview notice in 2021). He was not aware of vawa earlier. He filed VAWA after receiving  interview notice or something like that.

 

My question is, ...is that possible or he qualifies to file vawa (assuming other conditions met, what about  duration/timing )

 

 No, he did not file it within the required timeframe.

[Boiler 45,837]

You can file for anything, getting approved is the tricky bit. If he had a BIA case I am sure he has a Lawyer.

Edited January 14, 2022 by Boiler

[Rocio0010 5,586]

1 minute ago, VolksWagon99 said:

Yes, thats what my understanding is.  I was wondering if there any ways to overcome that 2 years limit?

One thing strange thing he mentioned that, he got AOS interview notice in 2021 when divorce was done in 2016 (history- married USC & filed AOS 2014, Denied AOS 2015, won BIA Appealed 2016, div 2016, USCIS just did nothing for 5 yrs, then sent interview notice in 2021). He was not aware of vawa earlier. He filed VAWA after receiving  interview notice or something like that.

 

My question is, ...is that possible or he qualifies to file vawa (assuming other conditions met, what about  duration/timing )

 

A thousand red flags!

1 minute ago, VolksWagon99 said:

he got AOS interview notice in 2021 when divorce was done in 2016

Did he submit the divorce decree at some point?

[VolksWagon99 5]

1 minute ago, Rocio0010 said:

A thousand red flags!

True...But can he file VAWA?

 

1 minute ago, Rocio0010 said:

Did he submit the divorce decree at some point?

I assume no otherwise why he would get the interview

[SalishSea 18,016]

8 minutes ago, VolksWagon99 said:

True...But can he file VAWA?

You do realize that there are actual criteria for a VAWA filing, right?  Divorce alone is not one of them.  Sounds like this person is grasping at straws to be able to find some loophole to stay in the US.....

[Rocio0010 5,586]

2 minutes ago, VolksWagon99 said:

I assume no otherwise why he would get the interview

All AOSers get an interview. Within a certain time frame ( I think it's two years) he could have applied and maybe a slight chance for approval.