VAWA denied,divorce and marriage

[rescueme 0]

Hello,

I need your help. Please help!! me. I came here j1 visa then i was illegal.after that get married with American guy. He abused me. He not even apply for my greencard. I ran away for 1 year. I dont get divorce yet and still wait for the VAWA result. But I have no hope that my application got approve because I didn't have enough statement that show good faith of marriage. I 'd like to ask if I can get divorce and get marry again with new guy and apply for Green card if My VAWA got denied. Please help me.

I hope every thing work out.

Thank you so much

[Bobby+Umit 161]

You will have to wait to see the outcome of the VAWA - you should now look into getting divorced, do not wait for the VAWA to process.

[rescueme 0]

Thank you so much. The lawyer told me cannot divorce yet. I have to wait to continue the work visa, but when the work visa expired the same time they will tell the result. So I don't know what to do. I'm sad now.

[Bobby+Umit 161]

Thank you so much. The lawyer told me cannot divorce yet. I have to wait to continue the work visa, but when the work visa expired the same time they will tell the result. So I don't know what to do. I'm sad now.

Strange - I see nothing that suggest you can't divorce while the VAWA is in process, indeed, you have up to two years after a divorce to file an VAWA as long as there is a connection between the divorce and the abuse.

I know you cannot re-marry, until the VAWA is resolved. (if you wish to continue on with the VAWA claim) - however, not knowing all the particulars of your case, your situation may be different.

But I am not a lawyer - so perhaps I am wrong in my take on it - here is part of the law I am looking at:

(vi) For the purposes of any petition filed under clause (iii) or (iv), the denaturalization, loss or renunciation of citizenship, death of the abuser, divorce, or changes to the abuser’s citizenship status after filing of the petition shall not adversely affect the approval of the petition, and for approved petitions shall not preclude the classification of the eligible self-petitioning spouse or child as an immediate relative or affect the alien’s ability to adjust status under subsections (a) and © of section 1255 of this title or obtain status as a lawful permanent resident based on the approved self-petition under such clauses.

Emphasis mine - source

[schatzi3277 6]

Hello,

I need your help. Please help!! me. I came here j1 visa then i was illegal.after that get married with American guy. He abused me. He not even apply for my greencard. I ran away for 1 year. I dont get divorce yet and still wait for the VAWA result. But I have no hope that my application got approve because I didn't have enough statement that show good faith of marriage. I 'd like to ask if I can get divorce and get marry again with new guy and apply for Green card if My VAWA got denied. Please help me.

I hope every thing work out.

Thank you so much

You can get a divorce while your VAWA is pending, but you can remarry while you are waiting for the result on the vawa. Try to file the vawa under domestic violence if possible.

Good luck on your journey

[JimVaPhuong 4,863]

You can get a divorce while your VAWA is pending, but you can NOT remarry while you are waiting for the result on the vawa.

This is an important distinction.

Try to file the vawa under domestic violence if possible.

I'm not sure what you're getting at here. Are you saying she should use evidence of physical violence, as opposed to evidence he refused to file a petition for a green card? If the choice is to use either the physical violence evidence OR the refusal to petition for a green card, then I would tend to agree with that. Refusing to file a petition for a green card may be one type of intimidation a US citizen spouse might use in an overall pattern of abuse, but it doesn't constitute abuse by itself. However, if she has evidence of both, then both should be submitted. When filing a VAWA petition, you don't withhold any evidence, since any single piece of evidence may be enough to tip the scales in your favor.

rescueme, your lawyer is wrong. You can get divorced, as long as the abuse is related to or is the reason for the divorce. You cannot marry again until the VAWA case has been decided.

If you don't have the necessary "good faith marriage" evidence, then your VAWA petition will probably be denied. You will probably be placed in removal proceedings shortly thereafter. If you marry again during that time then USCIS is required to presume that the marriage is a sham for immigration purposes. You and your new husband will probably be heavily interrogated at your AOS interview. Personally, I don't think there's much hope it would be approved since what you are doing looks like a pattern of immigration fraud to USCIS. Unfortunately, overstaying your J1 visa has cast a dark shadow on everything you've done since then.

I hope you have a very good immigration lawyer.

[schatzi3277 6]

This is an important distinction.

I'm not sure what you're getting at here. Are you saying she should use evidence of physical violence, as opposed to evidence he refused to file a petition for a green card? If the choice is to use either the physical violence evidence OR the refusal to petition for a green card, then I would tend to agree with that. Refusing to file a petition for a green card may be one type of intimidation a US citizen spouse might use in an overall pattern of abuse, but it doesn't constitute abuse by itself. However, if she has evidence of both, then both should be submitted. When filing a VAWA petition, you don't withhold any evidence, since any single piece of evidence may be enough to tip the scales in your favor.

rescueme, your lawyer is wrong. You can get divorced, as long as the abuse is related to or is the reason for the divorce. You cannot marry again until the VAWA case has been decided.

If you don't have the necessary "good faith marriage" evidence, then your VAWA petition will probably be denied. You will probably be placed in removal proceedings shortly thereafter. If you marry again during that time then USCIS is required to presume that the marriage is a sham for immigration purposes. You and your new husband will probably be heavily interrogated at your AOS interview. Personally, I don't think there's much hope it would be approved since what you are doing looks like a pattern of immigration fraud to USCIS. Unfortunately, overstaying your J1 visa has cast a dark shadow on everything you've done since then.

I hope you have a very good immigration lawyer.

I am not implying that she should file just for fun under domestic violence. That step should only be taken if there is sufficient evidence. Divorce is a hard step to take and not easy on anyone. So don't assume or put your own words into anything, thank you.

And of course you have to proof everything else, good faith marriage and real proof of domestic violence. But if your spouse is a violent person, there should be proof of it. That is all. So again don't put anything into my mouth that i never said.

Good luck to you all

[schatzi3277 6]

I am not implying that she should file just for fun under domestic violence. That step should only be taken if there is sufficient evidence. Divorce is a hard step to take and not easy on anyone. So don't assume or put your own words into anything, thank you.

And of course you have to proof everything else, good faith marriage and real proof of domestic violence. But if your spouse is a violent person, there should be proof of it. That is all. So again don't put anything into my mouth that i never said.

Good luck to you all

First of all a big tipo you can not remarry, my apology and thank you for noticing and pointing out.

Domestic violence includes verbally,mentally and physically so the same way it goes in the VAWA application it goes in filing a divorce under domestic violence. Every person that gets married only plans on doing it once, in my opinion and marriage is a lot of work. So if all is true that there is domestic violence then it is sufficient reason to get divorced. This step takes a lot of courage and strength. It has to be thought trough very well. Filing under domestic violence ( mentally, verbally, physically), of course the laws are state dependend can also be a red flag to the next person that the abusive person wants to marry.

Edited April 18, 2010 by schatzi3277

[JimVaPhuong 4,863]

I am not implying that she should file just for fun under domestic violence. That step should only be taken if there is sufficient evidence. Divorce is a hard step to take and not easy on anyone. So don't assume or put your own words into anything, thank you.

And of course you have to proof everything else, good faith marriage and real proof of domestic violence. But if your spouse is a violent person, there should be proof of it. That is all. So again don't put anything into my mouth that i never said.

Good luck to you all

I'm not trying to put words into your mouth. I'm trying to understand the point you were making. You said she should "Try to file the vawa under domestic violence if possible". I'm trying to figure out what other basis there is under VAWA for adjusting status if not "domestic violence". Part 2, box "i" of the I-360. It would be the same check box if she were claiming physical abuse, verbal abuse, and/or psychological abuse. I assumed you were talking about what specific evidence of abuse she should present, since the general classification of "abuse" is the only one available under VAWA.

If my assumption was wrong, then I apologize. Instead of getting defensive, please explain what you meant by "Try to file the vawa under domestic violence if possible".

Or, were you suggesting she file for the DIVORCE on the grounds of domestic violence, as your follow-up post suggests? If that's the case, then it would depend on the state she lives in. Some states do not allow for divorce based on "fault". These so-called "no fault" divorce states generally only allow two grounds for divorce - irreconcilable differences, or your spouse is legally insane.

[schatzi3277 6]

I'm not trying to put words into your mouth. I'm trying to understand the point you were making. You said she should "Try to file the vawa under domestic violence if possible". I'm trying to figure out what other basis there is under VAWA for adjusting status if not "domestic violence". Part 2, box "i" of the I-360. It would be the same check box if she were claiming physical abuse, verbal abuse, and/or psychological abuse. I assumed you were talking about what specific evidence of abuse she should present, since the general classification of "abuse" is the only one available under VAWA.

If my assumption was wrong, then I apologize. Instead of getting defensive, please explain what you meant by "Try to file the vawa under domestic violence if possible".

Or, were you suggesting she file for the DIVORCE on the grounds of domestic violence, as your follow-up post suggests? If that's the case, then it would depend on the state she lives in. Some states do not allow for divorce based on "fault". These so-called "no fault" divorce states generally only allow two grounds for divorce - irreconcilable differences, or your spouse is legally insane.

My two year old keeps jumping on me as i am trying to type. As I stated the way the divorce can be filed in a way that the states allows. Where i am living a divorce can be filed under reasons of domestic violence, but you need to state 3 reasons why and be able to proof it. It can be either grounds of mental, verbal, or physical abuse. And of course i meant divorce instead of VAWA since vawa is self explanitory.

Thank you I hope I stated all of this clear without and typos or mistakes.

[Old Dominion 26]

Filing for a divorce is a separate issue from your immigration status. You should do that as soon as possible. Also, you CAN remarry once the divorce is final, depending on the laws of your state.

As regards your immigration status, it is already somewhat of a mess, isn't it? That is a separate issue and best handled by a very competent immigration lawyer. It sounds as if you already have a new spouse in mind; would he be willing to live with you overseas?

[JimVaPhuong 4,863]

And of course i meant divorce instead of VAWA since vawa is self explanitory.

Ok. Now it makes sense!

[one lover 0]

yes you need to prove lots of things for VAWA to be approve. Here all they need is proof. Yes you can get divorce while vawa is pending. marrying a different US citizen it just depends. What I know from my lawyer is even if you get married you have to go back to your country and your spouse will have to file for visa and you cant get it here. I am also in the same situation but nothing I can do except for waiting VAWA result. Good luck friend.

[TBoneTX 43,058]

Good luck friend.

This thread is over 2 years old, and the OP hasn't logged on to VJ in 5 months.

[KyleAndrea 1]

This thread is over 2 years old, and the OP hasn't logged on to VJ in 5 months.

Gosh, I'm sorry but your comment made me burst out laughing. >.<