US embassy location for vawa petitioner

[J2020 94]

Plz help if you have any info, it’s urgent,

 

I read that a petitioner can submit the vawa petition or do the interview and immigration visa through the U.S embassy in the home country or the U.S embassy in the country where the petitioner have a “legal residency” 

 

Is being on a visa (such as a student/work visa) in a third country that isn’t the home country considered a legal residencywhere I can do my interview at or receive my vawa based immigration visa?

 

if anyone can advise with any helpful info or knows who I can ask such questions or if there’s another thread to help me answer this question because I might need to move outta the original country

 

 Thanks in advance 

Edited January 30, 2022 by Mubja

[Timona 4,207]

NO is my face value answer since we don't know your history. 

 

I am not sure if a person living abroad qualifies for VAWA unless it was done by a spouse working for US government abroad. 

 

What's your story so that she can give definite advice. Here's the VAWA thread. 

 

 

 

[jan22 3,056]

36 minutes ago, Timona said:

...

I am not sure if a person living abroad qualifies for VAWA unless it was done by a spouse working for US government abroad.

 

 

 

You can definitely file from outside the US if:

• the abuser was a US government employee or service member and the abuse occurred while you lived with them overseas, or
• the abuser was your spouse and abused your child in the same circumstances above, or
• you are currently living abroad, but the abuse occurred in the US, or
• the abuse of your child by your spouse occurred in the US.

This information is not easy to find on the USCIS website, but the basic information is listed under the "Filing Process" on the following page: https://www.uscis.gov/humanitarian/battered-spouse-children-and-parents.

 

Although not an official government source, this and other good information is available at:

https://www.womenslaw.org/laws/federal/immigration/vawa-abuse-victims/vawa-self-petitions/applying-vawa-self-petition/can-i

Edited January 30, 2022 by jan22

[Timona 4,207]

13 minutes ago, jan22 said:

You can definitely file from outside the US if:

• the abuser was a US government employee or service member and the abuse occurred while you lived with them overseas, or
• the abuser was your spouse and abused your child in the same circumstances above, or
• you are currently living abroad, but the abuse occurred in the US, or
• the abuse of your child by your spouse occurred in the US.

This information is not easy to find on the USCIS website, but the basic information is listed under the "Filing Process" on the following page: https://www.uscis.gov/humanitarian/battered-spouse-children-and-parents.

 

Although not an official government source, this and other good information is available at:

https://www.womenslaw.org/laws/federal/immigration/vawa-abuse-victims/vawa-self-petitions/applying-vawa-self-petition/can-i

 

I agree. However, OP has no backstory. You do understand people wake up and want to file for anything yet they may or may not qualify. That's why I asked for history. We even don't know if the abuse qualifies for VAWA or where it occurred. 

 

Honestly, I like helping. But I don't like OPs who have no history and bam, they have a question. So you don't know how to answer. And then they vanish after they get help/ don't want to clarify. I'm gonna start refraining from answering such posts.

Edited January 30, 2022 by Timona

[jan22 3,056]

15 minutes ago, Timona said:

 

I agree. However, OP has no backstory. You do understand people wake up and want to file for anything yet they may or may not qualify. That's why I asked for history. We even don't know if the abuse qualifies for VAWA or where it occurred. 

You're right -- we don't know those things.  And, I fully understand that people apply for things they do not qualify for -- otherwise petitions and visa applications would not ever be needed..  But we don't need to know those things, as it's not our decision to make whether the petitioner qualifies or not.  Many victims of abuse are not willing to share information, especially in such a public setting, but still need the basic information on how the processes work.  And, we don't need to know any backstory history to answer the OP's question -- which I realized I, too, did not do.

 

So to do that -- any visa which allows you to legally reside in the country (for example, student, work, or resident) and is valid long enough for you to finish the process (or can be renewed long enough) will allow you to have your interview in a country other than your home country.

Edited January 30, 2022 by jan22

[Timona 4,207]

20 minutes ago, jan22 said:

You're right -- we don't know those things.  And, I fully understand that people apply for things they do not qualify for -- otherwise petitions and visa applications would not ever be needed..  But we don't need to know those things, as it's not our decision to make whether the petitioner qualifies or not.  Many victims of abuse are not willing to share information, especially in such a public setting, but still need the basic information on how the processes work.  And, we don't need to know any backstory history to answer the OP's question -- which I realized I, too, did not do.

 

So to do that -- any visa which allows you to legally reside in the country (for example, student, work, or resident) and is valid long enough for you to finish the process (or can be renewed long enough) will allow you to have your interview in a country other than your home country.

 

What's the point of wasting time and money on dead on arrival application?

In another thread, someone wanted to file for VAWA but had no evidence. We just told her it was easier to divorce and ROC. That case is different from this, but do you notice what I am getting to? 

 

Another filed VAWA without evidence. I asked if she had the evidence to submit. She told me NO. 

 

So, it's not that we are nosy. It is to help guide one to the right direction. 

[Boiler 45,525]

I know you can file VAWA abroad and the obvious about having some sort of residency.

 

Often we are given very limited information so best to only make general comments, certainly if there are issues an OP does not want to share they are best advised to discuss their case with a Lawyer.

[jan22 3,056]

16 minutes ago, Timona said:

 

What's the point of wasting time and money on dead on arrival application?

In another thread, someone wanted to file for VAWA but had no evidence. We just told her it was easier to divorce and ROC. That case is different from this, but do you notice what I am getting to? 

 

Another filed VAWA without evidence. I asked if she had the evidence to submit. She told me NO. 

 

So, it's not that we are nosy. It is to help guide one to the right direction. 

But that's not what the OP asked about -- and not needed to answer the actual question.  If OP has additional questions, and needs to share further information at that time, they can decide to do so.  There are a lot of posts in VJ that are a waste of time and/or money that are likely dead on arrival -- expedite requests based on not much more than wanting to be together faster, applying for student visas just to be allowed to live with the petitioner during the immigration process, etc -- that receive responses here.  We have no way of knowing what the "right" decision for an individual in any case even with additional info.

 

Sorry to continue to go off thread with this, but want to ensure OP isn't discouraged from proceeding with what they feel is the  right thing.

 

 

Edited January 30, 2022 by jan22

[Timona 4,207]

28 minutes ago, jan22 said:

But that's not what the OP asked about -- and not needed to answer the actual question.  If OP has additional questions, and needs to share further information at that time, they can decide to do so.  There are a lot of posts in VJ that are a waste of time and/or money that are likely dead on arrival -- expedite requests based on not much more than wanting to be together faster, applying for student visas just to be allowed to live with the petitioner during the immigration process, etc -- that receive responses here.  We have no way of knowing what the "right" decision for an individual in any case even with additional info.

 

Sorry to continue to go off thread with this, but want to ensure OP isn't discouraged from proceeding with what they feel is the  right thing.

 

 

 

You totally missed my point. I didn't ask for personal or very deep details but somewhere to start from. It's like I tell you to fly to US. Your question will be..where? There are a lot of answers and we can't waste time giving all or doing whack-a-mole game. Atleast direct us to the right place so we know where to start. 

 

I'll let you continue advising and giving general answers. Those aren't useful because different people have different issues. We don't even know if this abuse occurred abroad or in US. Is asking this giving personal information? I don't think so. 

 

[Ban Hammer 13,345]

also refer to answers in this other thread you posted in
https://www.visajourney.com/forums/topic/772751-vawa-part-24/page/146/

 

this thread locked as OP has posts in the above thread on the same subject.

please do not spam the board with numerous threads about the same subject, it is best to keep one's questions in one thread.

 

charles

vj moderation

Edited January 30, 2022 by Ban Hammer