VAWA or regular ROC after divorce

[bakphx1 789]

We all hate the “asking for a friend” questions, but this is following a conversation I had with someone I met through here.  I actually met the immigrant’s spouse here as he had a K1 visa for someone from the same country as my spouse and was also a same sex marriage they would have to petition.  We texted a bit about the process.

 

We kept in touch regularly with the immigrant spouse for several years.  The USC had serious emotional issues and it was worsened by the fact Covid hit a month after he got here (lockdown).  
 

They divorced in January of this year and it’s final.  There are some saved texts and voice messages that are abusive.

 

He can file for ROC as a divorced person and saved documents.  Is there any advantage in filing as VAWA or would it add an unnecessary layer?  I did give the number to an attorney to ask but I was curious if anyone knew if one route  was more beneficial?  The 90 day window for ROC opens later this month.

 

He discounted VAWA as an option thinking it was for physical abuse only.

Edited March 3, 2023 by bakphx1

[Boiler 45,467]

VAWA not applicable

 

He could have filed to remove conditions as soon as the divorce was complete.

[Mike E 11,739]

1 hour ago, bakphx1 said:

He can file for ROC as a divorced person and saved documents.  Is there any advantage in filing as VAWA or would it add an unnecessary layer?

There is no VAWA waiver. 
 

There is a “battered” / “extreme cruelty” waiver aka abuse waiver.  
 

One can check both boxes on I-751.  However there should be evidence.  
 

If both boxes are checked it is harder for USCIS to deny the case. If there was abuse and only the divorce waiver box is checked, then if USCIS denies the petition, my understanding is the that any appeal cannot make the abuse argument.  
 

Thus checking both boxes is insurance.