VAWA, Part 25

[HatingTheWaiting 26]

Question about divorce... 

 

My husband (soon to be "ex" 😁) and I have been no-contact for almost 2 years now (I also have a restraining order) but legally still married. His brother reached out to me yesterday asking if I would be okay if my ex started divorce proceedings. I was seriously over the moon to hear this because he has been very resistant in the past but it sounds like he has a new woman in his life...

 

Anyway, my question is: does it make a difference to my VAWA case if he files for divorce vs if I file first? He lives in a different state than I do (next state over so not far) and a divorce in his state is simpler than mine so I was okay with him filing in his state. I also don't really want to deal with the paperwork and the filing to be honest.. But now, I'm worried that if he files for a divorce instead of me, it might look bad on me? Both our states are no-fault divorce states and given how quickly he wants to get this done, I don't think he will make it complicated. But would it look bad from a VAWA perspective if he files instead of me?  

Edited May 27, 2022 by HatingTheWaiting

[balo101 669]

2 minutes ago, HatingTheWaiting said:

Question about divorce... 

 

My husband (soon to be "ex" 😁) and I have been no-contact for almost 2 years now (I also have a restraining order) but legally still married. His brother reached out to me yesterday asking if I would be okay if my ex started divorce proceedings. I was seriously over the moon to hear this because he has been very resistant in the past but it sounds like he has a new woman in his life...

 

Anyway, my question is: does it make a difference to my VAWA case if he files for divorce vs if I file first? He lives in a different state than I do (next state over so not far) and a divorce in his state is simpler than mine so I was okay with him filing in his state. I also don't really want to deal with the paperwork and the filing to be honest.. But now, I'm worried that if he files for a divorce instead of me, it might look bad on me? Both our states are no-fault divorce states and given how quickly he wants to get this done, I don't think he will make it complicated. But would it look bad from a VAWA perspective if he files instead of me?  

It does not matter. It would not impact on VAWA. 

[Ballerina 91]

On 5/25/2022 at 7:52 PM, CDIRL said:

How do you find somewhere to get a psych evaluation? What are the criteria that USCIS are looking for for this? How long does it take to complete? I work in a seasonal town in the North East, and work 6 days a week, so its very difficult to get significant time off work to travel for it. 

Found someone online, also worked 6 days a week so i did it virtually over 3 months (jan to march 2020); 2 hour sessions each x3. paid $1000. Evaluation was super detailed with >20 pages. This forum emphasizes in person but especially now post covid, virtual is probably fine - at least it was for me.

Edited May 27, 2022 by Ballerina

[Apple90 60]

Hey guys after 2 years of waiting uscis sent me an RFE asking about my B2 visa previous marriage, I wasn't actually married to that person legally so there's no divorce decree how can I respond to that if anyone went through similar issues please help I ask attorney and want charge me 7k for waiver which is ridiculous

[Dane-1 33]

2 hours ago, Apple90 said:

Hey guys after 2 years of waiting uscis sent me an RFE asking about my B2 visa previous marriage, I wasn't actually married to that person legally so there's no divorce decree how can I respond to that if anyone went through similar issues please help I ask attorney and want charge me 7k for waiver which is ridiculous

On your B1/B2 did you put common law marriage or married??? If it was a common law marriage you can get a certificate of impediment from your home country . 

[God is a good God 238]

Hey vj family. After submitting i824 for children, are kids going to have an interview at the embassy ? And do they have to go at the embassy with all the documents I filed here for i824?

[Sandra G. 5,054]

On 4/28/2022 at 5:18 PM, GeraldSG said:

So I just received my Prima Facie determination today.. What is gonna happen next in the approval process?

 

USCIS will be quiet for at least 25 months, and then they will adjudicate your case.

[Sandra G. 5,054]

16 minutes ago, God is a good God said:

Hey vj family. After submitting i824 for children, are kids going to have an interview at the embassy ? And do they have to go at the embassy with all the documents I filed here for i824?

If you children are o 14 years of age or older then they must attend the interview.Yes they should bring with them the ORIGINAL documents that you submitted, with the form I-824.

[Sandra G. 5,054]

5 hours ago, Apple90 said:

Hey guys after 2 years of waiting uscis sent me an RFE asking about my B2 visa previous marriage, I wasn't actually married to that person legally so there's no divorce decree how can I respond to that if anyone went through similar issues please help I ask attorney and want charge me 7k for waiver which is ridiculous

You have to submit a document from your County clercks 'office stating that you have not been married.

 

[Sandra G. 5,054]

On 5/25/2022 at 3:36 PM, St22 said:

i need about this what kind of notice yall think is and i didn’t received 

Probably is your I-360 receipt.Contact your congressperson to confirm your address with the immigration.

[Sandra G. 5,054]

On 5/25/2022 at 2:35 PM, 2020filer said:

Do we have to have a divorce papers in getting VAWA decision? I’m not understanding. I thought only for green card interview. 

It's not necessary for you to be divorced , but if you were  previously  divorced you have to submit a copy of the divorce decree.

Edited May 27, 2022 by sandranj

[Sasacb 69]

@sandranj could you clarify something for me please

on my case I’ve never received a PF I just had a RE in 2018 and since then nothing has changed in my case .

do you think they can ask me for PF ? 

could you shed me some light on what I could do about it?

thank you very much for your attention

[St22 56]

Work permit renew is so fast these day

mine renew nov 10

new card is being produced may 26

damn like 6 months 👌🏿

[St22 56]

1 hour ago, sandranj said:

Probably is your I-360 receipt.Contact your congressperson to confirm your address with the immigration.

I contact them and they contact uscis and the answer was the notice was 4 primae facie

[Pinkrlion 2,724]

2 hours ago, God is a good God said:

Hey vj family. After submitting i824 for children, are kids going to have an interview at the embassy ? And do they have to go at the embassy with all the documents I filed here for i824?

Yes they have an interview, you have to prove you were a parent for them while living in the US.  Also, it depends on what you sent in with I-824 as to what original documents they want at interview.