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Good day! I entered in US with a K1 visa, got married within 90 days, filed my AOS based on marriage, and had my biometrics last month. The next day i left my husband due to physical, emotional, and verbal abuse. I had my address changed and my EAC is in-transit. I had a chance to talk with a free immigration attorney for 30 minutes and they suggested that i should file for VAWA. However, there are some things that she doesn't know the answer. I hope VJ can help me answer some questions. I have an appointment at the local USCIS office using the info pass and do you think once i tell them my case they can give me advoce on what to do too?

1. Can i file for VAWA with my pending AOS based on marriage?

2. Can i apply for SSN as soon as i receive my EAC?

3. Can i apply for I360, I485, and I765 based on VAWA in one time? Or i have to wait for I360 approval before i can apply for I485 and I765?

4. Should i proceed with the divorce at the same time apply for VAWA? Or is it best to get my immigration settled first then proceed with the divorce?

5. In applying for VAWA, am i going to use my married name or my maiden name?

Thanks in advance for the responses. It is highly appreciated.

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Good day! I just posted a topic earlier but i prefer to separate this subject.

I am about to apply for VAWA but i don't have much idea on how to do this. What are the requirements in applying for VAWA? How much is the filing fee? What are the step by step procedure in applying for VAWA?

Thank you :-)

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~~Similar threads merged and duplicate posts removed. Please do not make multiple threads for the same,similar or continuing topic.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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I have requested for a protection order against my husband. The judge gave me a temporary protection order for the second time because he was not served by the time of our court hearing. So we are rescheduled fpr next month. The dilemna is that it is not easy to serve him because he is always travelling. His house was already turned over to his ex-wife and the kids. I have called the deputy in Texas to seek help in serving him but i get no responses. The question are;

1. What will happen if he is still not yet served by the time of our second hearing, what is going to happen? Will the judge just keep on rescheduling our court hearing until he will be served?

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Have you looked into hiring a private process server?


05/01 - Married USC

06/01 - Filed I-130/I-485

01/03 - Conditional LPR approved

05/05 - Conditions removed

12/13 - Divorced USC

10/10/14 - Filed N-400 based on 5+yrs LPR

10/24/14 - NOA

11/12/14 - Fingerprinted

11/14/14 - In line e-notification

12/01/14 - E-notification of interview scheduled

12/05/14 - Received interview letter - Interview scheduled for January 8th.

01/08/15 - Passed citizenship interview and recommended for approval!

01/19/15 - In line for oath ceremony

02/19/15 - Oath scheduled for March 6th, 2015!

03/06/15 - Became a US citizen! :dancing:

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~~Similar threads merged and duplicate posts removed. Please do not make multiple threads for the same,similar or continuing topic.~~

This notice is now repeated. Please heed it.

VJ Moderation


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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Do they not give you VAWA information in PI?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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He has a right to be present at the hearing prior to a permanent restraining order being issued unless you can prove he is avoiding service. Sounds like he has no permanent address so it is going to be hard to have him served unless they do it at his work.

As to the VAWA you need to join the VAWA thread in this topic area to have people who have already been through this assist you. USCIS cannot and will not give you legal advice or help you fill out the forms.

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Do you have medical records and police reports

why not leave the abuse B4 going thru with the

wedding then leaving the following day after biometrics

they may ask, you need a I 918B signed from police for

VAWA be sure ti have your evidences.

best wishes

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OP needed to get married otherwise she could not apply for Vawa.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Good day! I entered in US with a K1 visa, got married within 90 days, filed my AOS based on marriage, and had my biometrics last month. The next day i left my husband due to physical, emotional, and verbal abuse. I had my address changed and my EAC is in-transit. I had a chance to talk with a free immigration attorney for 30 minutes and they suggested that i should file for VAWA. However, there are some things that she doesn't know the answer. I hope VJ can help me answer some questions. I have an appointment at the local USCIS office using the info pass and do you think once i tell them my case they can give me advoce on what to do too?

1. Can i file for VAWA with my pending AOS based on marriage?

2. Can i apply for SSN as soon as i receive my EAC?

3. Can i apply for I360, I485, and I765 based on VAWA in one time? Or i have to wait for I360 approval before i can apply for I485 and I765?

4. Should i proceed with the divorce at the same time apply for VAWA? Or is it best to get my immigration settled first then proceed with the divorce?

5. In applying for VAWA, am i going to use my married name or my maiden name?

Thanks in advance for the responses. It is highly appreciated.

1.Yes

2.Yes

3.You already have a pending I-485 no need to file another one. Your EAD is in transit, no need to file I-765 for another one.

4.You don't need to get divorced right away but after your I-360 Vawa is approved it is recommended to get a divorce.

5.If you are still married, I suggest you use the same name you used to file your pending I-485 AOS

Good day! I just posted a topic earlier but i prefer to separate this subject.

I am about to apply for VAWA but i don't have much idea on how to do this. What are the requirements in applying for VAWA? How much is the filing fee? What are the step by step procedure in applying for VAWA?

Thank you :-)

  • Qualifying spousal relationship requirements:
    • You are married to a U.S. citizen or permanent resident abuser or
    • your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition, or
    • 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.
  • You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse:
    • You have been abused by your U.S. citizen or permanent resident spouse, or
    • your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.
  • You entered into the marriage in good faith, not solely for immigration benefits.
  • You have resided with your spouse.
  • You are a person of good moral character.

The filing fee is $405 , you could ask USCIS to wave the fee.

Follow the "VAWA 6" forum, you will find help and a lot of info. You can also read the old forum Vawa, Vawa 2, Vawa 3, Vawa 4, Vawa 5

Edited by blest.but.strest

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Do you have medical records and police reports

why not leave the abuse B4 going thru with the

wedding then leaving the following day after biometrics

they may ask, you need a I 918B signed from police for

VAWA be sure ti have your evidences.

best wishes

agree.


Current cut off date F2A - Aug 22, 2016

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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The abuse didn't happen before the marriage. I gave our marriage a chance to work that is why i didn't left him right away but when i thought and read about abuse that it will not get any better i decided to leave, unfortunately right after i had my biometrics.

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