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~~ Topic moved from What Visa do I need to Effects of Major Family Changes on Immigration benefits where wava related questions are discussed ~~

Edited by powerpuff

 

 

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Filed: Citizen (apr) Country: Russia
Timeline

I agree with many of the others.  Seems like a rushed marriage where one party had second thoughts almost immediately after the ceremony.  Whether this was for an immigration benefit or not, it would seem USCIS may look at it this way.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: Country: Sierra Leone
Timeline

Does not seem you qualify for VAWA. 
 

Do you want to be with your spouse? If so, maybe try to work it, get counseling etc instead of trying to file for VAWA. If not, return to Trinidad and find another legal pathway to living or visiting the USA.

I-129F NOA1 : 2009-06-15

I-129F NOA2 : 2009-09-16

NVC Received : 2009-09-22

Consulate Received : 2009-09-28

Packet 3 Received : 2009-10-14

Packet 3 Sent :

Packet 4 Received :

Interview Date :

Interview Result :

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28 minutes ago, Kanja said:

Does not seem you qualify for VAWA. 
 

Do you want to be with your spouse? If so, maybe try to work it, get counseling etc instead of trying to file for VAWA. If not, return to Trinidad and find another legal pathway to living or visiting the USA.

I do want to be with my spouse. Can we still do counseling if the divorce is being filed?

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Filed: Country: Sierra Leone
Timeline
1 minute ago, Redbunny45 said:

I do want to be with my spouse. Can we still do counseling if the divorce is being filed?

Of course. You could ask him or her to hold off on signing the paperwork until you do counseling. You can even do counseling after paperwork is filed and remarry. You may want to get families involved to help you navigate through your issues. However if you have these issues before you even lived together you all definitelty have some work to do. 

Edited by Kanja

I-129F NOA1 : 2009-06-15

I-129F NOA2 : 2009-09-16

NVC Received : 2009-09-22

Consulate Received : 2009-09-28

Packet 3 Received : 2009-10-14

Packet 3 Sent :

Packet 4 Received :

Interview Date :

Interview Result :

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2 hours ago, Kanja said:

Of course. You could ask him or her to hold off on signing the paperwork until you do counseling. You can even do counseling after paperwork is filed and remarry. You may want to get families involved to help you navigate through your issues. However if you have these issues before you even lived together you all definitelty have some work to do. 

I was served the divorce papers and have already signed and mailed them back. 

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Filed: Citizen (apr) Country: Ecuador
Timeline
20 minutes ago, Redbunny45 said:

I was served the divorce papers and have already signed and mailed them back. 

Then prepare to leave the U.S.  It's sad that your marriage didn't work out, but things happen for a reason, and you'll be better off in the long run that you would be in an unhappy marriage.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Ecuador
Timeline

A noncontributory post has been removed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Other Country: Brazil
Timeline
17 hours ago, Redbunny45 said:

If we met March. Married May, spouse filled for divorce November we didn’t live together I have texts showing arguments and where my spouse said they didn’t want to be in the marriage anymore they felt I wasn’t ambitious and we couldn’t be progressive and I can’t force them to petition for me accused me of not having my priorities right we argued a lot there’s some name calling on both sides but it’s in response to me being attacked I have a few pictures of us together on 4 different occasions because of the short relationship. With statements from friends and a strong declaration would I stand a chance at Vawa?

You didn't live with your spouse  after you got married then you can't file Vawa. Vawa requires proof that you lived together with the abuser.

 

 

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Filed: Other Country: Brazil
Timeline
9 hours ago, belinda63 said:

You came to the US, met and married someone on short notice, never lived with them. What evidence of do you have of the marriage. Did you have joint accounts. joint insurance, beneficiaries on each other's insurance, etc. Without this kind of proof you are dead in the water.

AND you never lived together so no case for VAWA

AND you have no proof of abuse. What you have is proof of a bad marriage

Statements from friends are almost useless as anyone can write a letter saying whatever you want.

You said "  Did you have joint accounts. joint insurance, beneficiaries on each other's insurance, etc. Without this kind of proof you are dead in the water". Your assumption is wrong, most of my Vawa cases were approved without any primary evidences(joint account, tax return, credit card, etc).

 

He will not qualify  because he never lived with his spouse after they got married.

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Filed: Citizen (apr) Country: Ecuador
Timeline
1 hour ago, sandranj said:

You didn't live with your spouse  after you got married then you can't file Vawa. Vawa requires proof that you lived together with the abuser.

This definitively answers the OP's question.

Thread is now closed to further comment.  Best wishes to the OP.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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