Jump to content

7 posts in this topic

Recommended Posts

Filed: K-3 Visa Country: Philippines
Timeline
Posted

Hi everyone! I am very desperate right now since I am in the situation that anyone has struggling. I dont like to relate the whole detail story of what happen and what my husband did to me since it was still PAINFUL to me and everyday I am dealing with it. Here's my situation.. after my husband was being arrested by the police and went to jail for almost 2 1/2 months I filed for self petetion as spouse abuse through VAWA with the form I360 last november 2009 then I got a letter from USCIS that my case established a PRIMA FACIE DETERMINATION NOTICE.. and along with that letter is a blue sheets that they need more information from me...so I contact the court to give me a copy from the police report and a picture that they took me that night as an evidence of my husband hurt me..

Now my question is:

1. Can I submit that police report to the VERMONT center as as RFe?

2. Can I apply for adjustment of status now.. though my I360 has not yet been approved, I talk to a lawyer and he said I cant apply till m I360 has been approved but as I made my search here, some Vj's member who has a same situation of me.. filed it?

3. I had a medical report that I got infected with Herpes 1 and I did get this from my husband and I just found out that one I have it when I do my medical check-up, can be an evidence also that I could submit as an RFE? MY HUSBAND NEVER TOLD ME THAT HE HAS A DISEASE..

4. If I can apply right now for my adjustment of status? do I had to pay it and what are the supporting documents should I need to apply for my adjustment of status....

Please help me, I am not a bad person neither a bad wife. All I wanted in my life is to have a good husband a good life with him and I dont think or any woman to deserve this way...

Please if anyone could help me with my question....

God Bless you all!

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted

I'm sorry that I cannot answer your questions as I am new to this whole "visa" process, but I just wanted to tell you that I'm so sorry that your husband treated you badly and selfishly gave you a disease. I hope you get the help/advice you need to move on and that everything works out for you. You're worth so much, as we all are, and no one deserves to be treated that way. Good luck and God bless.

Filed: Country: Iran
Timeline
Posted

Contact USCIS to find out which documents you will need to submit to adjust status. Also, if there is a woman's shelter in your area you might contact it as well. They might have some experience in helping abused immigrant women and might be able to refer you to someone that could help you with your case.

Filed: K-1 Visa Country: Ukraine
Timeline
Posted

also get restraining order, and any other law appying for you, since your from phili, i bet there is a huge catholic church with many philipeans there and go and seek help for that commuinity,

it will give you support and information, and maybe you will meet somebody that can give you better advice,

good luck and so sorry about hearing this about you

god bless

Summerville + Kryvyi Rih

age.png

age.png

Posted (edited)
Hi everyone! I am very desperate right now since I am in the situation that anyone has struggling. I dont like to relate the whole detail story of what happen and what my husband did to me since it was still PAINFUL to me and everyday I am dealing with it. Here's my situation.. after my husband was being arrested by the police and went to jail for almost 2 1/2 months I filed for self petetion as spouse abuse through VAWA with the form I360 last november 2009 then I got a letter from USCIS that my case established a PRIMA FACIE DETERMINATION NOTICE.. and along with that letter is a blue sheets that they need more information from me...so I contact the court to give me a copy from the police report and a picture that they took me that night as an evidence of my husband hurt me..

Now my question is:

1. Can I submit that police report to the VERMONT center as as RFe?

2. Can I apply for adjustment of status now.. though my I360 has not yet been approved, I talk to a lawyer and he said I cant apply till m I360 has been approved but as I made my search here, some Vj's member who has a same situation of me.. filed it?

3. I had a medical report that I got infected with Herpes 1 and I did get this from my husband and I just found out that one I have it when I do my medical check-up, can be an evidence also that I could submit as an RFE? MY HUSBAND NEVER TOLD ME THAT HE HAS A DISEASE..

4. If I can apply right now for my adjustment of status? do I had to pay it and what are the supporting documents should I need to apply for my adjustment of status....

Please help me, I am not a bad person neither a bad wife. All I wanted in my life is to have a good husband a good life with him and I dont think or any woman to deserve this way...

Please if anyone could help me with my question....

God Bless you all!

This has some information about the whole VAWA process

It has links to different resources you can use.

1. Yes - police reports are good for evidence.

2. According to the VAWA FAQ

Victims of domestic violence, battery and extreme cruelty whose Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) self-petitions are approved may file Adjustment of Status (Form I-485) applications directly (self-petition). Once a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) VAWA self-petition is approved, the immigrant victim may file an Adjustment of Status (Form I-485) application to become a lawful permanent resident (green card holder) directly. Souce

So it looks like the 360 must be approved prior to filing the 485.

3. That would be hard to prove. Can you prove your husband gave you that? Can you prove your husband has that? I would stick with things you can prove and back up with evidence. (but it wouldn't hurt you to include it if you wish)

4. Since it appears you need the 360 approved first, you can't file the 485 yet. (however, when you do file, you will have to pay for it, but you can ask for a fee waiver at the same time)

BTW - For the Prima Facie evidence -

The USCIS reviews each petition initially to determine whether the self-petitioner has addressed each of the requirements listed below and has provided some supporting evidence. This may be in the form of a statement that addresses each requirement. This is called a prima facie determination

What are the Basic Requirements?

The self-petitioning spouse,

Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.

Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.

Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.

Is required to be a person of good moral character.

Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

Edited by Bobby+Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: K-3 Visa Country: Philippines
Timeline
Posted
This has some information about the whole VAWA process

It has links to different resources you can use.

1. Yes - police reports are good for evidence.

2. According to the VAWA FAQ

So it looks like the 360 must be approved prior to filing the 485.

3. That would be hard to prove. Can you prove your husband gave you that? Can you prove your husband has that? I would stick with things you can prove and back up with evidence. (but it wouldn't hurt you to include it if you wish)

4. Since it appears you need the 360 approved first, you can't file the 485 yet. (however, when you do file, you will have to pay for it, but you can ask for a fee waiver at the same time)

BTW - For the Prima Facie evidence -

The USCIS reviews each petition initially to determine whether the self-petitioner has addressed each of the requirements listed below and has provided some supporting evidence. This may be in the form of a statement that addresses each requirement. This is called a prima facie determination

Thanks for all your replies and I really appreciate it. I am going to apply for my I485 now and I will attached my I130 that was been approved when I was still waiting for my visa to get here in the states as a K3 visa. I read in a immigration websites that if you submitted your I130 that was been approved it would make your I360 process so past. I am currently working but due to that I just got my learners permit in driving and dont had any cars, I just rely to my co workers that lived closed to my work. I am tired to contact some organization like INTERACT to help me with my transportation because my councellor just interview me and promise to call me after I see her but she never did and while I was in thier office they let me wait for 6 hours. Im tired and frustrated for I thought somehow they can assist me. I call up everyday but its only anwering machine, I call wheelsforhope maybe they can assist me with my car situation but I had to have a drivers license to avail thier program but I cant take my driver road test unless if I had a car. So I guess they dont want to do anything about me which is really makes me more emotionally sick. I cried when I walk to my apartment in a very cold wheather and I dont want to begin self pity because I KNOW I AM ALONE IN THIS COUNTRY, NO FAMILY AND CLOSE FRIENDS..

I hope you guys here would give me some more information and things to that will help my case. My husband case was he found guilty and he was convicted by the court and I have a copy on it and will submit as an RFE..

I just like to know what are the DOCUMENTS TO BE ATTACHED ON MY I485? SO I CAN FILE IT RIGHT AWAY...

thanks and GOD bless us all!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...