Jump to content
Sign in to follow this  
Lovejoy444

2 VAWA questions... don't know where to post

11 posts in this topic

Recommended Posts

I joined this fantastic site on behalf of a friend of mine, Sonja, who is self-petitioning with VAWA. I have no idea where to post this question, so if you have a suggestion, please let me know so I can post it where it will receive the most help!

Her lawyer says she needs a copy of her husband's birth certificate to prove his U.S. citizenship. How on earth is she supposed to get this, and isn't this something the lawyer can more easily obtain through legal channels? She was not physically abused, just mentally and emotionally (including constant threats of deportation if she didn't do what her husband wanted her to do). I know that filing a protection order can compel him to give up copies of his birth certificate and other legal documents, but without the physical abuse, that doesn't seem likely to happen. Also, she hasn't seen him for two years, since leaving him. (When she left him two years ago, she and I had NO idea how complicated this would all be!)

She also has the problem (two years later) of proving they lived at the same residence. She has a cell phone bill showing SHE lived there, but has none of HIS old mail showing he also lived at the residence. She remembers the cable bill being in his name, but she has no old bills.

Aren't these two issues where the lawyer should be able to track down the necessary info? First off, my friend has no legal right to a copy of anyone's birth certificate, so how is she supposed to get one? Second, her husband lived pretty much off the grid. Would the cable company have records going back two years regarding the name on the account, etc.? And even if they did, would Sonja be able to get a copy since she herself is not listed as the account holder? We just don't understand how she is supposed to come up with these things.

I welcome any advice anyone can offer.

=)

Laurie

Share this post


Link to post
Share on other sites

Let me start with a single, multiple-layer question: what proof, a.k.a. evidence does your friend have that she was abused by her husband?

Did she call the police when he was . . . um . . . mean to her? Did she have witnesses around when her husband threatened her? Did she file a restraining order, etc.?


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Share this post


Link to post
Share on other sites

It's complicated, naturally, but the only witnesses are either unfindable or unreliable, with the exception of my friend's teenage son. It turns out the husband's whole family is a mess. One "witness" is her brother-in-law, but he's not a reliable witness because he has a love-hate relationship with her husband (on any given day), as well as having an unfavorable history of his own. Other "witnesses" were the husband's workmates, many of whom were illegal immigrants paid under the table by their employer. In any case, as I said in my original post, her husband was not violent, just very controlling and verbally abusive, limiting her interaction outside the home, recommending she get work as a professional "escort" in order to make money for the family, offering to "hook her up" with some of his workmates, etc.

I know the whole thing sounds flaky and like she's a visa hunter, but I've known her for several years, and that's just not the case. It would not be possible to alleviate what seems like suspicion on your part as to the validity of her claim without going into long and gory detail, which just wouldn't be appropriate. The authorities at INS (or USCIS, or whatever it is now) will decide the validity of her case, but in order for her to get to that point, she needs to come up with the appropriate documentaion, which is why I made the original post.

After hearing my friend's story, the lawyer says she has a good case, but is it normal for the lawyer to expect my friend to acquire these documents? When she left her husband, she had no idea she'd need those things. She wasn't thinking about immigration proceedings, just getting out from under his thumb. He was born and raised in Virginia, complete with country twang. We have his social security number and other things of that nature, but no birth certificate.

Thanks for any assistance, Just Bob.

Share this post


Link to post
Share on other sites

***** Moving from Off Topic to Effects of Major changes, and duplicate removed *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites

Unfortunately, she has to do all the footwork regarding collecting all the supportive documents. The lawyer just assembles the papers and fills out the forms. Immigration is aware that sometimes it is difficult to obtain documentation in VAWA cases. She could use something else to prove her husband citizenship besides the birth certificate. For example, did her husband filed I-130 for her? Can someone write an affidavit who knows for sure that he is a citizen? Otherwise, she has to explain in her statement why she think that he is a citizen and why she can't obtain proof.


I-360

4/6/2010 - I-360 filed

4/14/2010 - Prima Facie determination

5/5/2010 - I-360 Approved

AOS

11/15/2010 - I-485, I-765, I-131 filed

11/30/2010 - NOA received

12/13/2010 - Biometrics appointment letter received

12/23/2010 - Attended biometrics

1/3/2011 - Notice of I-485 transferred to NBC

1/29/2011 - Interview notice received for March 1st

2/7/2011 - EAD arrived

2/11/2011 - AP arrived

3/1/2011 - Attended interview

1/7/2012 - Received permanent resident card

Share this post


Link to post
Share on other sites

Try the Virginia department of Vital Records. Most of them will permit you to order a birth certificate online although depending on the rules you may need to send a letter of explanation and some proof of prior marriage before they will release it.

Share this post


Link to post
Share on other sites

I joined this fantastic site on behalf of a friend of mine, Sonja, who is self-petitioning with VAWA. I have no idea where to post this question, so if you have a suggestion, please let me know so I can post it where it will receive the most help!

Her lawyer says she needs a copy of her husband's birth certificate to prove his U.S. citizenship. How on earth is she supposed to get this, and isn't this something the lawyer can more easily obtain through legal channels? She was not physically abused, just mentally and emotionally (including constant threats of deportation if she didn't do what her husband wanted her to do). I know that filing a protection order can compel him to give up copies of his birth certificate and other legal documents, but without the physical abuse, that doesn't seem likely to happen. Also, she hasn't seen him for two years, since leaving him. (When she left him two years ago, she and I had NO idea how complicated this would all be!)

She also has the problem (two years later) of proving they lived at the same residence. She has a cell phone bill showing SHE lived there, but has none of HIS old mail showing he also lived at the residence. She remembers the cable bill being in his name, but she has no old bills.

Aren't these two issues where the lawyer should be able to track down the necessary info? First off, my friend has no legal right to a copy of anyone's birth certificate, so how is she supposed to get one? Second, her husband lived pretty much off the grid. Would the cable company have records going back two years regarding the name on the account, etc.? And even if they did, would Sonja be able to get a copy since she herself is not listed as the account holder? We just don't understand how she is supposed to come up with these things.

I welcome any advice anyone can offer.

=)

Laurie

Your best bet is to tell your friend to write a notarized statement explaining why he/she can't get the birth. Under VAWA laws, if the applicant cannot provide evidence about their abusers citizenship USCIS will make every effort to verify citizenship through government database such as social security or USCIS records. Her lawyer should know this.


Window Open 08-02-2014

Package Mailed to USCIS DALLAS Lockbox: 08-02-2014

Package Received: 08-04-2014

Check Cashed: 08-07-2014

NOA: 08-11-2014

Biometrics Received: 08-19-2014 for 08/25

Walk-in Fingerprints: 08-21-2014

In Line for Interview: 08-26-2014

Interview Scheduled text & Email: 10-17-2014

Interview Date: 11-25-2014

Share this post


Link to post
Share on other sites

Fehervirag, belinda63, murid2010 -- thanks so much for your input and advice. I kind of thought the lawyer should know these things too -- hopefully she does! Giving her the benefit of the doubt, perhaps she just wants Sonja to try reeeeeally hard to get the b.c., knowing it's more trouble to file without the b.c....?

Reading your posts, it sounds like all is not lost just for the lack of a birth certificate. That makes us feel a little better. Thanks!

Share this post


Link to post
Share on other sites

Why did she waited so long to file? Vawa has s 2 year rule, make sure u look into that. Also her statement should be as detailed as possible, with no proof make sure the statement conveys everything. Good luck!

Edited by inpeace

nov 04 Went to interview by myself, told officer will aplly for vawa

11/04 I485 touched (still on initial review)

11/21 officer called lawyer about the I485 (btw: really nice IO)

12/10 apply for VAWA, without background check

12/11 lawyer drop off a copy of I360 for the IO

12/15 Prima faice received

12/18 sent background check, also sent a letter to IO asking to expedite the I485 to vermont to be linked with I360

12/31 I360 touched

08/04 Apply for EAD renew

08/18 receive NOA

08/26 new card ordered

08/31 new card ordered (again??)

09/01 notice of approval of I765... (where is my VAWA approval??? God help me...)

09/03 EAD arrived in the mail!! ufa!

10/03 Sent letter to renew prima facie and inquire about vawa status.

10/05 I360 touched- changed to "Request for evidence review" (WTH????)

11/27 Recieved prima facie extension

11/30 VAWA APPROVED!!!! yupiiiiiiiiiiiiii12/04 I360 Touched

12/22 Interview noticed for 01/23/12

12/26 Interview canceled by USCIS

12/31 New interview notice for 01/30/12

01/31/12 Interview and new biometrics done!!!

Share this post


Link to post
Share on other sites

I agree with the Fehervirag. The lawyer's job is to know what forms and evidence need to be filed, and to help his client file them. It's up to the client to obtain the documents.

Is she still married to this guy? Does she at least have a copy of the marriage certificate? In some states that would allow her to get access to some records like bills. In Virginia she can obtain a copy of his birth certificate if she submits identification and proof that she's his wife. The sort of identification they will accept is described here:

http://www.vdh.state.va.us/Vital_Records/primary.htm

Did they ever file a joint tax return? What sort of evidence of abuse does she have?

Always be skeptical when a lawyer tells you whether you've got a good case. They will never tell you it's hopeless unless there's no chance of getting any more money from you.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
 
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
Sign in to follow this  
- 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.
×