VAWA based on emotional, mental, economic abuse

[missyking 0]

Does anyone have experience in VAWA cases based on emotional, mental, and economic abuse?

I am in the process of filing on my own as the legal aid person (the 3rd with this organization, and after 3 yrs - yes three!) did not want to represent me because he felt that without physical abuse, the implied threads and control were merely 'regular' marital discord and not abuse. Basically, unless my husband explicitly states 'I am threatening you' and 'I am doing this to control you' there was no case. I wonder, if a person holds a gun to your head, there is no threat either, unless he says 'I am threatening you for your life'. Anyway.

I have a detailed affidavit, good faith marriage evidence, good moral character evidence, and a statement by my psychotherapist in which he is stating that in his opinion and 20yr experience, I was severely abused, mentally and emotionally.

Any input from someone who is in the process of filing or has filed a VAWA w/o physical abuse would be greatly appreciated!

Thanks!

[Boiler 45,486]

he is stating that in his opinion and 20yr experience, I was severely abused, mentally and emotionally

Assuming this holds up, what is there in the way of evidence to link this to your Husband?

I would suggest http://www.humanrightsattorney.com/, she seems the expert in this area.

[indian guy 13]

My case has mental and economical abuse, which is hard to prove for a man then a women.I did not had any physical abuse.

[missyking 0]

Assuming this holds up, what is there in the way of evidence to link this to your Husband?

Not sure I understand your question. Assuming what holds up and what is in the way - as in what obstacle? Psychological Counselor states that in his opinion & experience I suffered abuse by my husband and that my accounts are consistent with his impression of my husband during one or two visits to his office tog w/ husband.

Thanks for the link! Will check it out right away!

[missyking 0]

My case has mental and economical abuse, which is hard to prove for a man then a women.I did not had any physical abuse.

Oh, and I see your case was approved. And rather fast. Good for you! I assume your are a man? What are the evidence they required, other than the one I have listed? And you filed on your own, without a lawyer?

That gives me hope.

[Fehervirag 0]

It is possible to file based on emotional, mental, and economical abuse. It is a bit more challenging to show, but it is not impossible. VAWA does not require physical abuse.

You have to show the pattern of abuse and how it was effecting you. Your personal statement is very important because that shows the story. Then you have to be creative to get supporting documents. Go over mails, emails is there anything he wrote you, you wrote him or somebody that show that something is going on. Statements from professionals are great and I would assume they have heavier weight than a friend's declaration.

Have you ever seek help from domestic violence services? They also provide letter to prove that you needed their services.

Does anyone have experience in VAWA cases based on emotional, mental, and economic abuse?

I am in the process of filing on my own as the legal aid person (the 3rd with this organization, and after 3 yrs - yes three!) did not want to represent me because he felt that without physical abuse, the implied threads and control were merely 'regular' marital discord and not abuse. Basically, unless my husband explicitly states 'I am threatening you' and 'I am doing this to control you' there was no case. I wonder, if a person holds a gun to your head, there is no threat either, unless he says 'I am threatening you for your life'. Anyway.

I have a detailed affidavit, good faith marriage evidence, good moral character evidence, and a statement by my psychotherapist in which he is stating that in his opinion and 20yr experience, I was severely abused, mentally and emotionally.

Any input from someone who is in the process of filing or has filed a VAWA w/o physical abuse would be greatly appreciated!

Thanks!

[JimVaPhuong 4,863]

Does anyone have experience in VAWA cases based on emotional, mental, and economic abuse?

I am in the process of filing on my own as the legal aid person (the 3rd with this organization, and after 3 yrs - yes three!) did not want to represent me because he felt that without physical abuse, the implied threads and control were merely 'regular' marital discord and not abuse. Basically, unless my husband explicitly states 'I am threatening you' and 'I am doing this to control you' there was no case. I wonder, if a person holds a gun to your head, there is no threat either, unless he says 'I am threatening you for your life'. Anyway.

I have a detailed affidavit, good faith marriage evidence, good moral character evidence, and a statement by my psychotherapist in which he is stating that in his opinion and 20yr experience, I was severely abused, mentally and emotionally.

Any input from someone who is in the process of filing or has filed a VAWA w/o physical abuse would be greatly appreciated!

Thanks!

Does this "legal aid organization" specialize in immigration? If so, then I would assume they would have some idea what they're talking about. They've seen your evidence, so they should have some idea if it will be enough to convince USCIS. If three different counselors gave you the same opinion then maybe you should listen more carefully to what they're saying. I doubt if they're saying you weren't abused. More likely, they're saying your evidence sounds more like "normal marital discord" than abuse. Everything hinges on how compelling your evidence is. If three different counselors don't think USCIS is going to buy it, there's probably a good chance they're right. Maybe you need to focus on getting more compelling evidence.

[missyking 0]

If three different counselors gave you the same opinion then maybe you should listen more carefully to what they're saying.

If you read carefully, I did not say that three legal counselors told me that there was no evidence. They have been dragging my case for three years at this legal aid office, and the first two counselors pointed me in the VAWA direction and assured me that I have a good case, though always pointed out that without physical abuse, the burden of proof is by its very nature more complex to prove. Rest assured that I am listening very closely when we're talking about legal matters that pertain to me.

I doubt if they're saying you weren't abused. More likely, they're saying your evidence sounds more like "normal marital discord" than abuse. Everything hinges on how compelling your evidence is.

I have a statement from my psychological counselor stating the abuse explicitly, and I have the medical records to accompany them from which clearly a connection between major depression and suicidal ideation due to situation with hubby and the related stressors is made. I don't want to go into the details of the emotional, mental and economic abuse I suffered in a public forum, but there was and still are circumstances that, no matter how you turn it, are classic abusive behavior and go far beyond marital discord.

If three different counselors don't think USCIS is going to buy it, there's probably a good chance they're right. Maybe you need to focus on getting more compelling evidence.

I think this legal aid organization is run by some [...] which is why the two prior counselors left, and that last person there is either incompetent or is under a quota and, again, being that my case is not physical-abuse cut-n-dry and therefore more time-consuming, he did tell me what he did.

And I am not trying to 'sell' anything to the USCIS. I want to present my case as it played out and have my immigrant status adjusted in whatever way it should be, and eventually lead a 'normal' life again. Frankly, I think this new counselor hasn't even read my entire evidence. He just saw no immediate tangible evidence, i.e. pictures of me beaten up and the matching official police report, and concluded it's too much work for him, no *guaranteed* success, etc.

Thanks for your input, though. I really appreciate it.

I guess sometimes my case is so obvious and familiar to me that I am not doing a good enough job laying it out to others who are not familiar with it at all. This may help me make my case more clearly.

[Boiler 45,486]

Exactly why you need a good lawyer. It is possible that the IO would respond the same way.

The link I gave you, I believe she does free initial consultations.

[MulanJohns 3]

I have a statement from my psychological counselor stating the abuse explicitly, and I have the medical records to accompany them from which clearly a connection between major depression and suicidal ideation due to situation with hubby and the related stressors is made. I don't want to go into the details of the emotional, mental and economic abuse I suffered in a public forum, but there was and still are circumstances that, no matter how you turn it, are classic abusive behavior and go far beyond marital discord.

Thanks for your input, though. I really appreciate it.

I guess sometimes my case is so obvious and familiar to me that I am not doing a good enough job laying it out to others who are not familiar with it at all. This may help me make my case more clearly.

Please, do not listen to Naysayers. Moreso, your country of Origin is not a High-fraud (I am assuming Germany) zone.

1. An attorney does not guarantee that you will be approved. Matter of fact, I realized that everything they do, you can do on your own. Every little bit of it. Why? Because they are not even going there to argue anything for you.

I am responding as someone who was once in your shoes: Yes, 3 lawyers told me my case was very weak- lack of police records or physical abuse. If your spouse takes your travel documents, for me it was worse than a beating. The third lawyer (Catholic charities) gave me 5 minutes and told me "With your misdemeanor record, you will never be granted VAWA".

Well, let my timeline show you how it went down once I believed in myself.

You are the one who knows the pain of your story. Sit down, explain PROBATIVELY what happened. There was an organization in Carlifornia (online) that guided me on how to write my statement. Google "writing a vawa affidavit". How the relationship grew and blew over. Of course your own effort to protect yourself must be also shown.

Honesty and thorough explanation is what helped me, I believe. I had nothing from the police or hospital. I could not afford. Just my statement and those who saw it unfold.

Do not let anyone undermine your pain.

Good luck.

[missyking 0]

If your spouse takes your travel documents, for me it was worse than a beating.

Thank you so much for saying this. I got tears in my eyes when I read this, because this is exactly how I felt. People who have not been in our situation feel that if you have no visible scars I couldn't have been so bad. So wrong!

Well, let my timeline show you how it went down once I believed in myself.

I think that you are making a very good point and I know exactly what you mean. But that's the hard part, to believe in yourself again after you've been made feel like you are not worthy and you constantly doubt yourself. But I am getting there, and I will take my case in my own hands now.

There was an organization in Carlifornia (online) that guided me on how to write my statement.

Thanks for the tip! I will see what I can google. You don't happen to still have the name or online address of that organization?

Thank you again for your words. It helps with the feeling of helplessness.

[thelastpetitioner 218]

could you specifically talk about your evidence?it seems like your primary evidence is the letter from your psychologist.

[akkk 1]

My case has mental and economical abuse, which is hard to prove for a man then a women.I did not had any physical abuse.

i am going through the same process bro can u please describe me what documents u had to send for abuse and what RFE did u recieve and how did you reply them it would be a gr8 help thanks

[ladyg 10]

Please, do not listen to Naysayers. Moreso, your country of Origin is not a High-fraud (I am assuming Germany) zone.

1. An attorney does not guarantee that you will be approved. Matter of fact, I realized that everything they do, you can do on your own. Every little bit of it. Why? Because they are not even going there to argue anything for you.

I am responding as someone who was once in your shoes: Yes, 3 lawyers told me my case was very weak- lack of police records or physical abuse. If your spouse takes your travel documents, for me it was worse than a beating. The third lawyer (Catholic charities) gave me 5 minutes and told me "With your misdemeanor record, you will never be granted VAWA".

Well, let my timeline show you how it went down once I believed in myself.

You are the one who knows the pain of your story. Sit down, explain PROBATIVELY what happened. There was an organization in Carlifornia (online) that guided me on how to write my statement. Google "writing a vawa affidavit". How the relationship grew and blew over. Of course your own effort to protect yourself must be also shown.

Honesty and thorough explanation is what helped me, I believe. I had nothing from the police or hospital. I could not afford. Just my statement and those who saw it unfold.

Do not let anyone undermine your pain.

Good luck.

I agree with Mulanjohns I was in the same situation as you and her.The first time I went to see a lawyer she told me that I had a weak case as I didnt have physical abuse and any evidence from the police ,she told me I have all the documents to prove my marriage ,good moral conduct and good faith but weak evidence on abuse.Went back home discouraged but I told myself I am the one that knows what I have gone through.I gather all the required documents and I sat typing my story which took me 5 days as I had a lot to write.Typed a 12 paged testmony ,then had my sister write me a letter to USCIS and my friend here in the USA who witnessed the abuse.I sent that gat approved in 7 months and one more thing had 2 kids I came with and the laywer wanted huge sums of money ,thank God I did it myself ,no police report ,no counsolor report thought I expelained in my letter how I ended up in emergency room due to severe panic attack and had the letter from the hosiptal.So you can do and be your on lawyer gather whatever eveidence and documents you ,write your own testmony like many have said .I wrote how we met and where ,how he came to my country and married me ,when problems starts,how I responded and i was affected and why I think I should be granted legal stay in the USA I mentioned my child as I have a child him ,that I wanted to see him and be part of my daily life.

[akkk 1]

I agree with Mulanjohns I was in the same situation as you and her.The first time I went to see a lawyer she told me that I had a weak case as I didnt have physical abuse and any evidence from the police ,she told me I have all the documents to prove my marriage ,good moral conduct and good faith but weak evidence on abuse.Went back home discouraged but I told myself I am the one that knows what I have gone through.I gather all the required documents and I sat typing my story which took me 5 days as I had a lot to write.Typed a 12 paged testmony ,then had my sister write me a letter to USCIS and my friend here in the USA who witnessed the abuse.I sent that gat approved in 7 months and one more thing had 2 kids I came with and the laywer wanted huge sums of money ,thank God I did it myself ,no police report ,no counsolor report thought I expelained in my letter how I ended up in emergency room due to severe panic attack and had the letter from the hosiptal.So you can do and be your on lawyer gather whatever eveidence and documents you ,write your own testmony like many have said .I wrote how we met and where ,how he came to my country and married me ,when problems starts,how I responded and i was affected and why I think I should be granted legal stay in the USA I mentioned my child as I have a child him ,that I wanted to see him and be part of my daily life.

so what kinda of documents did u submit abuse related could u please describe?