Time limit for filing under VAWA?

[luogirl 0]

Hi everybody!

I've been trying to find out if there is a time limit on filing I-360 as an abused spouse. I haven't lived with my abuser in 8 years!!

We are still legally married though and he is still threatening to report me. I've essentially been hiding out for the past 8 years so he hasn't been able to touch me.

When I first got here he filed the I-130 and I-485 and then refused to go to the interview. All this time has passed and I had absolutely no idea that I have any kind of rights over here.

Now I found out about VAWA and I'm wondering if I'm still eligible. I've read the parts about divorce/death but there is no mention of separation...or did I miss something?

Please...any help would be appreciated

[Yahya54 4]

if you still marrid to hime you still can applay for vawa and if you divorce hime you still Eligible to File vawa

As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abusers’ knowledge. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA.

Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental heath care, legal advice and other types of assistance, including information about filing for immigration status. For more information, see the “National Domestic Violence”

Eligibility Requirements for a Spouse

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, or

your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing 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 been abused in the United States by your U.S. citizen or permanent resident spouse, or

have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services, or

you are the parent of a child who has been subjected to abuse by your U.S. citizen or permanent 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

i hop that help and you could joied our vawa group on

http://www.visajourney.com/forums/index.ph...&start=1275

[luogirl 0]

if you still marrid to hime you still can applay for vawa and if you divorce hime you still Eligible to File vawa

As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abusers’ knowledge. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA.

Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental heath care, legal advice and other types of assistance, including information about filing for immigration status. For more information, see the “National Domestic Violence”

Eligibility Requirements for a Spouse

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, or

your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing 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 been abused in the United States by your U.S. citizen or permanent resident spouse, or

have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services, or

you are the parent of a child who has been subjected to abuse by your U.S. citizen or permanent 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

i hop that help and you could joied our vawa group on

http://www.visajourney.com/forums/index.ph...&start=1275

Thank you so much for the reply yahya54

I am eligible otherwise. I'm just worried about all the time that has passed.

I suppose I'll just try...I can't possibly end up in a worse situation than I already am

I also asked the same question on avvo.com and received following answer (in case anyone else is wondering about this):

"As long as you are married you can still file. The limitation will come 2 years after a divorce. However, you have a stronger case when you file it while you just came out of the relationship."

[justashooter 430]

Hi everybody!

I've been trying to find out if there is a time limit on filing I-360 as an abused spouse. I haven't lived with my abuser in 8 years!!

We are still legally married though and he is still threatening to report me. I've essentially been hiding out for the past 8 years so he hasn't been able to touch me.

When I first got here he filed the I-130 and I-485 and then refused to go to the interview. All this time has passed and I had absolutely no idea that I have any kind of rights over here.

Now I found out about VAWA and I'm wondering if I'm still eligible. I've read the parts about divorce/death but there is no mention of separation...or did I miss something?

Please...any help would be appreciated

so you've been illegal for 8 years, and now you wanna get legal. don't put too much hope in vawa. you never even got a green card.

[luogirl 0]

so you've been illegal for 8 years, and now you wanna get legal. don't put too much hope in vawa. you never even got a green card.

Thanks for your kind input "justashooter"...I'll make sure to let you know how things went for me.

[Ban Hammer 12,857]

so you've been illegal for 8 years, and now you wanna get legal. don't put too much hope in vawa. you never even got a green card.

out of status does not equal illegal.

[Victoryismine 1]

If your VAWA I-360 evidence/proof of the abuse, battered and extreme cruelty you went through with your spouse is truly genuine you should be fine. VAWA works only if you have solid and genuine evidence and proof. Don't waste your time if you don't have solid proof because they will denied your case in no time and the result might affect your chances of other benefit that you might qualify for. Take care and Good luck !

[Victoryismine 1]

Happy New Year to all my friends and colleagues !!! Long life, happiness, New beginning and many approvals to come. Enjoy a New Year and be safe. Good luck !!!

[Bobby+Umit 161]

I believe you would have a hard time coming up with the evidence needed for a VAWA after 8 years.

Perhaps a lawyer is needed for this - any missteps here will kill the effort.