Divorce while AOS pending (VAWA?)

[martha783 12]

Right, it would be abduction if she leaves once the child is born. International child abduction does not apply to unborn children. I know the child would have a legal right to U.S. citizenship are any point in her life, but I'm thinking she couldn't pursue that without also acknowledging his parental rights if she were to return, and it would depend on a family court judge to have mercy on her for fleeing while pregnant.

[Boiler 45,466]

She could divorce in her home country?

 

Never heard of fleeing whilst pregnant. I seriously doubt that is a thing.

[Ontarkie 14,218]

He's already using the child to manipulate her. Get her on the plane now, let her see a therapist back home and have her family support for her and her baby. The child will most likely be a USC born abroad and there is a way for her to complete that too. She needs to be safe and going home will be safe, file for VAWA once she is safe. 

Just now, Boiler said:

She could divorce in her home country?

 

Never heard of fleeing whilst pregnant. I seriously doubt that is a thing.

Oh it's a thing all right

[martha783 12]

I didn't mean "fleeing while pregnant" was a legal violation. I just meant a family court judge could look poorly upon her or accuse her of "parental alienation" and award him more rights or could see she was leaving for safety and award her custody. The family law/domestic violence cases side is the one I'm familiar with - the immigrations side and VAWA not so much.

[Boiler 45,466]

2 minutes ago, Ontarkie said:

He's already using the child to manipulate her. Get her on the plane now, let her see a therapist back home and have her family support for her and her baby. The child will most likely be a USC born abroad and there is a way for her to complete that too. She needs to be safe and going home will be safe, file for VAWA once she is safe. 

Oh it's a thing all right

Live and learn, can he block her leaving?

[martha783 12]

1 minute ago, Boiler said:

Live and learn, can he block her leaving?

No, there's no way legally to stop her from leaving while pregnant. Her rights are intact as long as baby is inside. That changes the minute she's born.

 

He doesn't have her passport at least.

Edited July 3, 2023 by martha783

[Boiler 45,466]

1 minute ago, martha783 said:

I didn't mean "fleeing while pregnant" was a legal violation. I just meant a family court judge could look poorly upon her or accuse her of "parental alienation" and award him more rights or could see she was leaving for safety and award her custody. The family law/domestic violence cases side is the one I'm familiar with - the immigrations side and VAWA not so much.

I know it can get horribly complicated and expense where there are multiple jurisdictions involved. We do not know her nationality but there could be benefits in her filing in her country.

 

You made it sound like he would not want to get that far involved if she left

[Ontarkie 14,218]

5 minutes ago, Boiler said:

Live and learn, can he block her leaving?

I'm sure with the right lawyer and judge anything can happen. 

[martha783 12]

2 minutes ago, Boiler said:

I know it can get horribly complicated and expense where there are multiple jurisdictions involved. We do not know her nationality but there could be benefits in her filing in her country.

 

You made it sound like he would not want to get that far involved if she left

Yes, I think if she left he would leave her alone. If she came back under VAWA, and claimed her child’s USC for her father being a USC, he would inevitably be involved I am deducing. He could potentially exact his vengeance then with custody fight. But I think that’s less likely that if she stays. He has other children from previous marriages he has completely ignored for years. 

[martha783 12]

Home country is Peru. 
 

Googling it looked like she may have to prove extreme battery if filing VAWA from outside the country but only emotional/verbal abuse if filing inside — does anyone know if the burden of proof varies?

[Boiler 45,466]

I thought the standard was supposed to be the same. I will check later.

[igoyougoduke 1,656]

4 hours ago, Boiler said:

The I 130 is about substantiating the marital relationship, so if not a dead issue now will soon be.

 

I know you can do VAWA through a Consulate, does not seem common, I assume it is just like any other Consulate processing. Shw would still need to work on her case.

 

 

 

4 hours ago, Boiler said:

The I 130 is about substantiating the marital relationship, so if not a dead issue now will soon be.

 

I know you can do VAWA through a Consulate, does not seem common, I assume it is just like any other Consulate processing. Shw would still need to work on her case.

 

 

If she has no legal status in USA and not married to the person how will she do aos via vawa when her current 485 and 130 gets denied due to lack of relationship ? 

[Boiler 45,466]

1 minute ago, igoyougoduke said:

 

If she has no legal status in USA and not married to the person how will she do aos via vawa when her current 485 and 130 gets denied due to lack of relationship ? 

They are married, VAWA seem to forgive a lot of issues. Back on my laptop so will have a look.

[Boiler 45,466]

 

Eligibility Requirements for a VAWA Self-Petition
You are eligible for a VAWA self-petition if you demonstrate the following eligibility requirements:

You have a qualifying relationship as the:
Spouse, intended spouse, or former spouse of an abusive U.S. citizen or lawful permanent resident if:
You are married to a U.S. citizen or permanent resident abuser;
Your marriage to the abuser was legally terminated by death (U.S. citizen spouses only) or a divorce (for reasons related to the abuse) within the 2 years prior to filing your petition;
Your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence; or
You believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
Child of an abusive U.S. citizen or lawful permanent resident parent; or
Parent of an abusive U.S. citizen son or daughter who is 21 years old or older.
You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative during the qualifying relationship. (If you are applying as a spouse, you may also be eligible if your U.S. citizen or lawful permanent resident spouse subjected your child to battery or extreme cruelty);
You are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative; and
You are a person of good moral character.
If you are self-petitioning as the spouse of an abusive U.S. citizen or lawful permanent resident, then you must also demonstrate that you entered into the marriage in good faith and not for the purpose of evading immigration laws.

In certain circumstances you may remain eligible for the VAWA self-petition if your abusive relative lost or renounced their U.S. citizenship or lawful permanent resident status or if your abusive relative died.

If you are living outside of the United States at the time you file the self-petition, you must demonstrate one of the following in addition to the eligibility requirements listed above:

Your abusive U.S. citizen or lawful permanent resident relative is an employee of the U.S. government;
Your abusive U.S. citizen or lawful permanent relative is a member of the U.S. armed forces; or
You were subjected to battery or extreme cruelty in the United States.

 

I took the battery or extreme cruelty as being the normal requirement and that the sentence was just making ot clear this had to have happened in the US, well apart from the 2 other exceptions.

[igoyougoduke 1,656]

44 minutes ago, Boiler said:

 

Eligibility Requirements for a VAWA Self-Petition
You are eligible for a VAWA self-petition if you demonstrate the following eligibility requirements:

You have a qualifying relationship as the:
Spouse, intended spouse, or former spouse of an abusive U.S. citizen or lawful permanent resident if:
You are married to a U.S. citizen or permanent resident abuser;
Your marriage to the abuser was legally terminated by death (U.S. citizen spouses only) or a divorce (for reasons related to the abuse) within the 2 years prior to filing your petition;
Your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence; or
You believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
Child of an abusive U.S. citizen or lawful permanent resident parent; or
Parent of an abusive U.S. citizen son or daughter who is 21 years old or older.
You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative during the qualifying relationship. (If you are applying as a spouse, you may also be eligible if your U.S. citizen or lawful permanent resident spouse subjected your child to battery or extreme cruelty);
You are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative; and
You are a person of good moral character.
If you are self-petitioning as the spouse of an abusive U.S. citizen or lawful permanent resident, then you must also demonstrate that you entered into the marriage in good faith and not for the purpose of evading immigration laws.

In certain circumstances you may remain eligible for the VAWA self-petition if your abusive relative lost or renounced their U.S. citizenship or lawful permanent resident status or if your abusive relative died.

If you are living outside of the United States at the time you file the self-petition, you must demonstrate one of the following in addition to the eligibility requirements listed above:

Your abusive U.S. citizen or lawful permanent resident relative is an employee of the U.S. government;
Your abusive U.S. citizen or lawful permanent relative is a member of the U.S. armed forces; or
You were subjected to battery or extreme cruelty in the United States.

 

I took the battery or extreme cruelty as being the normal requirement and that the sentence was just making ot clear this had to have happened in the US, well apart from the 2 other exceptions.

I wonder how many vawa cases are genuine vs fake . Now a days it seems like a text is considered abuse