ADvise members on the way forward

[mozzle2000 0]

came here on k1 and married and filed for gc but pending my wife turned violence and abusive after month and cant worked anymore when we talked about she throw us out of the house and turned physical before i went to police to ask for advice they just took notes instead now i had to ask for a court order coz the govt would take my children. Now we cant go to interview together wat can i do. I heard about VAWA how long does it take and wat do they need do i have to get a lawyer (attorney) and secondly am in a different state now. What kind of help can i get from government i have only work permit am in a shelter with my children

[Pitaya 2,576]

~Moved from K1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[Boiler 43,436]

The children are yours and entered on a K2?

As far as Government help is concerned I would start by contacting your local Consulate.

[bronco37 16]

As a man DO NOT expect any active help from police to protect yourself from a violent and abusive wife.

Go to court, file for an ex-parte restraining order to protect yourself and your kids, if you haven't done that already. Stay away from that woman. And file for divorce immediately.

With GC pending, I'd suggest you get some reality check of your situation and start looking for options back home. I know, I may sound like a jerk and you probably left everything for this woman. But, trust me, as a man you could get into a LOT of trouble in the hands of abusive women in this country. Regardless what people tell you, family court is the queendom of women where no king may live. So, do not make the situation worse by keeping in touch with this woman. Totally cut her off and try to find your way back home or settle down here on your own. Good luck either way.

[mozzle2000 0]

Advise on VAWA Route a friend told to adjust through that route i have every evidence but she refused to share financial issues but she could ask forcifully for mine on condition that if not i get out of the house. But other evidences are fine. Do i need a lawyer to do it for me? What difference does it make to have s lawyer, does the petition go faster? How do i go about the pending application coz was soon to be scheduled according to Uscis.

[mozzle2000 0]

Do i just dont go for interview? Advise on the requirements and evidences. I have testimonies from neighbors and church elders, police reports about death threats, drug pictures in the house and her weighing scale she used for selling, shelter's letter, restraint order. What else do need to put? She is a usa citizen, do i have to fill the green card applications at the same time? Are all of charge?

[Carla V 43]

There is the option of VAWA but is difficult to prove and is the best to consult a lawyer with experience... there is a vawa topic in this page where you can investigate further... but my main question is why you ask directly for vawa and adjusting status when your main problem and worry should be your kids safety and well being.... if you suffer of violence there is shelters where you can go, and is more worrisome to think about be close to someone selling drugs that is violent and that this situation is close to your KIDS!!!

[mozzle2000 0]

Thanks for your concern I am right now in the shelter but my petition to adjust status is pending and we were about to have our interview and we shall not go so i have to find another way to adjust

I contacted the police and they just took notes and advised to get a restraint order which i also got and she became definsive when i decided to pick up my things to the shelter till i had to call the police again to help me get them. she had taken our travel documents, medical records and academic papers.

what are the requirements and procedure to adjust through VAWA

[Villanelle 4,121]

Your English is poor making this a bit hard to understand and its hard to help you with out understanding your situation. So lets see...

came here on k1 and married and filed for gc but pending my wife turned violence and abusive after month and cant worked anymore when we talked about she throw us out of the house and turned physical before i went to police to ask for advice they just took notes instead now i had to ask for a court order coz the govt would take my children. Court order? What kind of court order? Like a Restraining Order/Protective Order? Did you get it? The children are just yours (K2s)? Or yours and hers?

Now we cant go to interview together wat can i do. I heard about VAWA how long does it take and wat do they need do i have to get a lawyer (attorney) and secondly am in a different state now. What kind of help can i get from government i have only work permit am in a shelter with my children

VAWA processing times vary depending on the case load. At one point it was taking 18 months start to finish, now its maybe down around 12 months or less. You are not required to have a lawyer to file for VAWA or for any immigration process. They can all be "do it yourself". Does that mean you shouldnt use a lawyer? No. Its up to you.

Not sure what you mean by Gov help. You can seek out a free pro bono lawyer to help you with your VAWA. Besides that assistance programs vary state to state and are also effected by where you are in the process among other things. Its pretty safe to say though once you get an approved prima facie (basically thats what you get when your initial VAWA is approved and that can take apx3-6 months from when you apply) when you get that you can apply for some kind of gov assistance. How much you get and for how long will vary.

Advise on VAWA Route a friend told to adjust through that route i have every evidence but she refused to share financial issues but she could ask forcifully for mine on condition that if not i get out of the house. But other evidences are fine. Do i need a lawyer to do it for me? What difference does it make to have s lawyer, does the petition go faster? How do i go about the pending application coz was soon to be scheduled according to Uscis

Having a lawyer vs not having a lawyer makes no difference in processing speed. It CAN make a difference in the quality of your case though. Because you need to include an affidavit and you struggle with English if you could get a lawyer it would be best as they could help you.

Do i just dont go for interview? Advise on the requirements and evidences. I have testimonies from neighbors and church elders, police reports about death threats, drug pictures in the house and her weighing scale she used for selling, shelter's letter, restraint order. What else do need to put? She is a usa citizen, do i have to fill the green card applications at the same time? Are all of charge?

As for your pending application. Im going to assume you checked online and it stated you are waiting to be scheduled for an interview? Correct? You need to change your address if you havent already done so. You do not want mail going to your previous residence where you no longer live or have access to.

Secondly. Its best if you go to the interview and advise them you will be filing for VAWA. Its never a good idea to just leave things hanging with USCIS. If you do not show up several things can happen. They will ALL cause varying complications you will just have to untangle out of later. They wont just shrug it off that you didnt appear and close your case. They will deny you and place you out of status- removal proceedings can start. It will add a whole other layer of complications.

By going and telling them- I left my spouse due to abuse, they wont be able to approve you, youd still be denied. But they will note your case and hang on to it while they wait for your VAWA rather then letting it go into removal proceedings. So try to go if you can, its much better if you do.

The applications do have a charge but I believe there are fee waiver forms you can apply for if you meet the guidelines.

The VAWA process is actually a series of forms. The first one you fill out is the 360. Basically you need the USC to support your 485 app for GC. The 360 says my USC is abusive and wont support me, let me do it on my own. You can file the 360 alone and wait to see if its approved or not. If it is then you can file for a work permit and the GC. You will not be able to work until you get the work permit.

Or you can file everything at once, the 360, the work permit, the 485. You will get the work permit quickly. However the downside is IF you are denied the 360 you will be placed into removal proceedings because you filed the 485. Where if you just filed the 360 and nothing else and are denied- well thats it, your denied, no removal.

As others have stated there is a VAWA thread in this forum with all the info you ever wanted about VAWA. The shelter should also have someone there who can help you.

The only thing that hasnt been addressed and you somewhat swing back and forth on it- stating I have all the evidences and then asking what are the evidences- Is the question of do you have a VAWA case or not?

This is all very basic info, you really should speak to a lawyer or read/post in the VAWA thread if you need more help but basically a VAWA claim can be based on mental abuse or physical abuse. Either way you go you need to prove a bonafide marriage. What kind of abuse are you claiming and what evidences do you have?

[mozzle2000 0]

Thank u so much. The abuse started with verbal threats to kill us and dump us in the middle of no where. She blocked me from talking to friends and relatives and took our my phone she had put me on her plan. I tried to stay in my marriage but later turned physical on that point i went to get a restraint order and immediately moved out and stayed with a church elder and 2 days later i went to the shelter where iam now i called the police when dhr became physical and they to our home and on the verbal threat i myself went to the police with the written verbal threats and pictures of her drugs in the house plus her scale and the police advised me to get a restraint order at that time i didnt do it coz i liked my mariage and believed that its not a matter of marrying and moving out but when it turn physical being under the influence of drugs something might happen as she is always promising to kill us. She used my kids to take drugs to the neighbor whom they smoked together

[mozzle2000 0]

I got the police reports on 2 diff ocassions for august and october, the restraint order from the court testimonies of neighbors church elder and our pastor, a copy of our marriage license, pictures of us together in 2010 before coming here, pictures of kids together she has 2 i has 2 total 4 pictures of our wedding with her family, our kids in school games school documents applying for free lunches for all our kids all names listed. School documents listing both of us as guardians. Health care bills for one of our kids sent to our address. Library mails sent to me on the same address

[mozzle2000 0]

I wanted to file all the documents together my scenario is i have a eork permit and social security card but my kids font have any. My question can l go to the interview and ask them to wait for VAWA petition to be approved so that i use the GC application in process or no matter what i have to apply afresh for GC?

Can i just send in all GC forms at once for my kids and i request them to use mine which is hanging. I had not applied for the kids when i sent in my AOS i just checked they will adjust later.

PLEASE ADVISE

[Boiler 43,436]

So she is dealing in drugs and using your children as runners?

What have the police done?

[mozzle2000 0]

They told me that oregon law doesnt specify how many pounds just leaves it as pounds so they could not arrest her but in police reports they termed as unknown intoxicants i dont why.

So what should do now?

[mozzle2000 0]

The sister whom they smoked with is nearby so the kids including hers could take it there but for distant she could take herself