Does this case qualify for VAWA?

[yogik_yo 6]

Hi,

 

Here is the scenario. Please suggest if this case qualify to apply for VAWA?

 

Girl and guy falls in love at their work place. They hang out on weekends and visited few places. Guy and girl both seem to like each other. Started talking and sharing stuff and eventually decided to get married.Guy had recently broke up with his ex like few weeks back when he and the girl started hanging out together. The girls moved in with guy and marries with each other in a week. He promises to spend rest of his life  with her and all those big dreams. Girl too innocent believes him and get married to him with all excitement. As per girl immigration status: She was an F1 student and later got TPS based on her country. 

Everything was fine for a week or so after marriage. 

Problem : The guy ex gf  knows about his marriage and starts calling him and his family threatening him that if he don't accept her she would die and all kind of #######. The guy decides to separate with this new girl until things get resolved and the new girl moves out thinking things will get resolved between him and his ex and then she can move back in. But its been a while since he is been ignoring her and she is sure that the guy just played some sort of game to get the girl for a while and then now he don't give a damn. The girl is emotionally broke and going through lot of mental issues. 

 

Can she apply for VAWA as she has to face mental and emotional stress for a game played with her? She is still married but the guy don't seem like interested in any aspect towards her

 

[Ben&Zian 4,397]

Sounds like would just be claims made by word of mouth... I would say probably be a weak case for it since she was never exactly the actual direct target of any of this "abuse".

 

Maybe she just files for divorce and goes back home?

[DrEllaNJ 288]

was any kind of petition filed? (i-130, i-485, i-131, i-765) What's the status of the petition(s)?

[yogik_yo 6]

No, any petitions weren't filed when they were together. They didn't had any such plan at the moment.  

[Ontarkie 13,915]

Does not look like there's any abuse. 

[Ben&Zian 4,397]

With nothing even in the works, I don't know again... if this was a VAWA case it almost could be said "Anyone who has their heart broken" would qualify.....

[geowrian 22,335]

I'll defer to others who are more familiar with the technicalities for VAWA, but this doesn't seem like it meets the "abuse" or "extreme cruelty" requirements. It sounds like they entered into marriage too soon and he fell out of love. The very short marriage time makes a case for mental/emotional abuse a really tough claim.

[Pinkrlion 2,607]

Ur story is not considered abuse.  Couples break apart and experience heartache but its not abuse.

[USAMorocco 143]

Where is the abuse? Or violence? 

[yogik_yo 6]

yea it don't seem like a strong case that's why I landed up here to get opinions. Thanks everyone for your inputs.  As per abuse, I thought mental stress is considered to be an abuse as well. 

[Hopeful diva 99]

No, based on what you explained above, the case doesn't qualify for vawa 

[Unlockable 7,306]

19 minutes ago, yogik_yo said:

yea it don't seem like a strong case that's why I landed up here to get opinions. Thanks everyone for your inputs.  As per abuse, I thought mental stress is considered to be an abuse as well. 

The problem with that logic is it leaves the door open for all kinds of abuse claims. For instance, there are things my wife and I do that aggravates the living heck out of us. But is it mental abuse if my wife falls asleep with the TV on after I ask her about 100 times not to do it?

 

What you posted sounds like a simple separation or possible break up.

 

P.S. Ask 1000 broken-hearted women if their ex "played some game to get with them" and you will get 1000 answers, "Yes!" 

[f f 725]

do you have any proof of mental abuse? simply saying you were abused is something anyone can claim.

[David & Diana R 1,005]

NO

[Boiler 43,430]

I have seen VAWA claims of less merit, always think a lot of this is similar to Waivers, presentation is key. Some speak for themselves, some need to be worked upon.