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bigjailerman

Possible VAWA , weird situation looking for advice

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Hi there, I havent been on for a while but an issue came up with a friend of the family.

 

My wife's friend that she met in an advanced English class this year found out this ongoing information and we are trying to help of possible. This site is tremendously helpful so any information is appreciated. 

 

OK here it goes.. They were married in Colombia legally in the beginning of 2017. The man is a Colombian who is/has already been a US Citizen an living in the USA, actually in Pa. The woman is a Colombian citizen who has previously and currently holds a tourist visa. In Colombia she was a licensed dentist fyi. After they were married, he visited several times over the year while they were married. In September of this year, she traveled to the US and of course moved in with her husband. They filed an i485 under the classification of 201B INA Spouse of USC and a Work permit in September of this year. She had her fingerprints already.

Now the bad stuff kicks in. Evidently he doesnt like being married to her for some reason and started verbally abusing her. Then he decided to only give her 18 dollars a week (dont know the rason of the odd amount) while she is attending school which requires bus rides to and from, lunch, incidentals etc. He doesn't take her shopping for cold weather clothes, he does bring food home.

Now he said a couple of weeks ago he is bored and told her she has to leave the house. He won't respond to any questions she presents him. Now a few days ago he wants her out because he cant afford the rent. (He is a licensed employed engineer)Took her phone away. He says he wont give $$ to allow her to fly back Colombia. He is getting more aggressive. She stays in her bedroom alone. The spouse did find out from his mother that he is bipolar and refuses to take prescribed meds. These are pretty much the broad strokes so I have a bunch of questions obviously that are from me and from her as well.

Honestly  I never met the man but I know the woman. She still tries to care for him, cooking, cleaning, etc. I know she hopes he will change but I'm pretty sure that isn't going to happen.

 

Her tourist stay has now expired a few days ago but the application is in in far advance of the expiration date

 

Is she protected any way as a spouse to get kicked out of the married home with the recent situation, she cant work yet, has no family or close family here?

Is her legally bound to support her?

If she can go back to Colombia on her own, evidently the Green Card application goes away but will she automatically loose the  tourist visa?

Did even coming here on a tourist visa screw this whole thing up?

Can the husband cancel the application if she doesnt agree?

If he can, can she apply on her own due to circumstances? (Form i360?)

Will pursuing VAWA help her in any way.

 

Solutions, ideas, real advice is appreciated.

Edited by bigjailerman

 

 

K1 Journey Begins

 

NOA1 on March 3, 2016

NOA2 on May 26, 2016

NVC Rcvd Case June 13, 2016

NVC Case and Rcpt # June 16, 2016

Case to Embassy June 16, 2016

Case Ready at Embassy June 20, 2016

Lab July 8 for minor and July 11, 2016 for Fiance

Medical July 11, 2016

Biometrics ACS July 12, 2016

Interview Approved July 14, 2016

Visa Issued via DHL July 16

Visa Arrived July 1

POE September 23, 2016 JFK

Marriage !!!!!!!!!!!! September 30, 2016

Next Step AOS..........

  • November 12, 2016 - Express mail to Chicago Lockbox
  • December 5, 2016 - Electronic Notifiaction for AOS, rcvd 11/15
  • December 11, 2016 - NOA1 for EAD, 765 and 485, also accepted fingerprint fee.
  • December 28, 2016 - Biometrics
  • February 14 - EAD  & Advanced Parole Approved and being mailed. 
  • May 4 2017. Approved without interview, Card being Produced
  • May 7, 2017 recvd approval for i485
  • May 10 2017 rcvd Green Cards in mail.!!
  • Next step in 20 months to remove conditions.

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~~Moved to Effects of Major Family Changes, from  Bringing Family of PR - As similar threads are discussed here.~~


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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OK thank you


 

 

K1 Journey Begins

 

NOA1 on March 3, 2016

NOA2 on May 26, 2016

NVC Rcvd Case June 13, 2016

NVC Case and Rcpt # June 16, 2016

Case to Embassy June 16, 2016

Case Ready at Embassy June 20, 2016

Lab July 8 for minor and July 11, 2016 for Fiance

Medical July 11, 2016

Biometrics ACS July 12, 2016

Interview Approved July 14, 2016

Visa Issued via DHL July 16

Visa Arrived July 1

POE September 23, 2016 JFK

Marriage !!!!!!!!!!!! September 30, 2016

Next Step AOS..........

  • November 12, 2016 - Express mail to Chicago Lockbox
  • December 5, 2016 - Electronic Notifiaction for AOS, rcvd 11/15
  • December 11, 2016 - NOA1 for EAD, 765 and 485, also accepted fingerprint fee.
  • December 28, 2016 - Biometrics
  • February 14 - EAD  & Advanced Parole Approved and being mailed. 
  • May 4 2017. Approved without interview, Card being Produced
  • May 7, 2017 recvd approval for i485
  • May 10 2017 rcvd Green Cards in mail.!!
  • Next step in 20 months to remove conditions.

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I assume they live in NY and in NY her  spouse  cannot kick her out  of the house prior to the divorce without an order of exclusive occupancy . He   can file a motion for exclusive occupancy/possession and once granted the Court will order her To vacate the home. 


 

She can ask for provisory maintenance when the divorce is pending. Her husband can withdrawn anytime form I-864 and I-130.

 

 


ssible to get some temporary relief, 

 

 

 

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Thanks for your response... Actually they are in Pennsylvania I need to check on the status as you pointed out.


 

 

K1 Journey Begins

 

NOA1 on March 3, 2016

NOA2 on May 26, 2016

NVC Rcvd Case June 13, 2016

NVC Case and Rcpt # June 16, 2016

Case to Embassy June 16, 2016

Case Ready at Embassy June 20, 2016

Lab July 8 for minor and July 11, 2016 for Fiance

Medical July 11, 2016

Biometrics ACS July 12, 2016

Interview Approved July 14, 2016

Visa Issued via DHL July 16

Visa Arrived July 1

POE September 23, 2016 JFK

Marriage !!!!!!!!!!!! September 30, 2016

Next Step AOS..........

  • November 12, 2016 - Express mail to Chicago Lockbox
  • December 5, 2016 - Electronic Notifiaction for AOS, rcvd 11/15
  • December 11, 2016 - NOA1 for EAD, 765 and 485, also accepted fingerprint fee.
  • December 28, 2016 - Biometrics
  • February 14 - EAD  & Advanced Parole Approved and being mailed. 
  • May 4 2017. Approved without interview, Card being Produced
  • May 7, 2017 recvd approval for i485
  • May 10 2017 rcvd Green Cards in mail.!!
  • Next step in 20 months to remove conditions.

Share this post


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Share on other sites
 
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