Abused wife applied for AOS, I'm lost plz help me!

[Boiler 43,464]

There isn't a -1 bottom, unfortunately.

I think there used to be one.

[Alma27 10]

Thanks to all of you guys for your precious advice.

Someone was asking about my timeline and said that it didn't add up, i don't understand what they meant by that. here is my tieline=

6/6/2011: entry to US with B2 visa valid for 10 years (4th visit to the US.

7/2011 : met my husband online and started dating

10/28/2011 : We got married

11/15/2011 : First major abusive incident, husband goes to jail for 24h only and gets charged with assault and battery and intimidation of witness, 10 days restriction order.

12/5/2011: I 94 expires

02/27/2012 : NOA 1 (AOS forms received by USCIS)

03/01/2012: Second major abusive incident, husband gets jailed for attempted murder/assault and battery and intimidation of witness, 1 year restriction order.

02/27/2012: Received appointment for biometrics for 03/14/2012

I would like to ask if what i have as a proof is enough, here it is:

2 police arrests/reports, 2 court reports, my own written testimony with details of the abuse, written testimonies of 3 roommates who have witnessed(heard mostly) the abuse, our couple's counselor's report saying that he admitted having alcohol/drugs issues and being suicidal.

I will also start therapy very soon, i don't know if that can be used as a proof too? I am looking for a shelter currently but it's full everywhere, I am waiting for an opening.

Is this enough to get an approved vawa? what are my chances please??

[VanessaTony 3,567]

I would like to ask if what i have as a proof is enough, here it is:

2 police arrests/reports, 2 court reports, my own written testimony with details of the abuse, written testimonies of 3 roommates who have witnessed(heard mostly) the abuse, our couple's counselor's report saying that he admitted having alcohol/drugs issues and being suicidal.

I will also start therapy very soon, i don't know if that can be used as a proof too? I am looking for a shelter currently but it's full everywhere, I am waiting for an opening.

Is this enough to get an approved vawa? what are my chances please??

You also need to provide proof of a valid relationship I believe. What relationship evidence do you have? Joint bills? Joint name on leases? Joint bank accounts? etc etc

[Sandra G. 5,016]

Alma I am the director of a non profit organization that provides help for abused women, and I am an attorney as well. I helped more than forty five women since 2010 with their VAWA applications, and all petitions were approved.You have a strong case and you have enough evidence of the abuse suffered. As soon a prima facie determination is made in your case, you will be eligible for public benefits.

Studies show that abusers often use their partners’ immigration status as a tool of control and to force their partner to remain in the relationship. It sounds you are trying to justify his action telling that "he did not try to kill you...that you still love him...". Alma you need to understand no one should have to endure abuse!!! Please DO NOT tolerate domestic violence.It doesn't matter if you love him, it's crystal clear that HE DOES NOT LOVE YOU!! Love is a thing shared by two. Do not excuse him from taking responsibility for an action that he did – not you. It's his fault. He is the abuser you are the victim!

Don’t be so hard on yourself, and don’t try to get through all of this alone. You might feel helpless or paralyzed, but I do recommend a good counselor asap. As you heal and rebuild your self-esteem you will learn how to fall in love with yourself ,and then soon you will be able to say" I love him, but I will get over him, because I deserve better!. You’re on your way to getting over him and stopping loving him.There is more to life than stay together with someone who disrespected and abused you. I am here for you my dear. I can't change what's happened with you, and I am really sorry about what happened. You are not alone.

May God be with you always.

Edited March 12, 2012 by Kathryn41
edited to remove personal information

[Alma27 10]

You also need to provide proof of a valid relationship I believe. What relationship evidence do you have? Joint bills? Joint name on leases? Joint bank accounts? etc etc

I have a lease with both our names on it, the 2011 tax return filed jointly, pictures taken together (but just the 2 of us, not with friends or family), a joint gym membership and 3 affidavits from friends and roommates.

No pictures of the wedding because we were planning on having one back in my home country and we didn't have a joint bank account because I don't have a SSN so they refused to put my name on the account.

I hope that's gonna be enough evidence...

I have a bigger problem now, the landlord had given an eviction notice for march 31st, and we were looking for a new place, now my husband is in prison and I am looking for a shelter but it's full and I am waiting for a place to be available there. I wonder what will happen to me if i don't find a place at the shelter and the landlord throws me out in the street??! I can't afford to have my own place because i don't have a job yet.

Is my husband required to pay for my rent and to provide for me while in prison? and if so, how? he doesn't have access to his bank account as he is incarcerated. I don't understand how this will work...

Please if anyone has been through this or has any input on the matter, don't hesitate to contribute.

Thank you.

[Alma27 10]

Does anybody have a sample of affidavits stating the bona fide character of a marriage and also affidavits from witnesses of abuse? Is it required to notarize them?

I wanna know about the format and content because I have no clue how an affidavit is supposed to look like.

[VanessaTony 3,567]

Is my husband required to pay for my rent and to provide for me while in prison? and if so, how? he doesn't have access to his bank account as he is incarcerated. I don't understand how this will work...

No he's not. Sorry. He's under no obligation to give you money or any sort of support. It would be good, but he doesn't have to. It's a shame you're being evicted. I believe most people would ask catholic charities and ask them. I'm not sure what people do in this situation... most would try and go back to their home country but I understand you said that's not an option...

[Sandra G. 5,016]

You need to apply for VAWA asap. The USCIS fee can be waived. If you can establish a prima facie case (fact presumed to be true unless it is disproved)then automatically you will qualify for public benefit. The Prima facie determination is taking 2-4 weeks before was taking 2 months.To have a work permit through Vawa was taking 8 months, now is taking just 2 months.

You have already an AOS interview scheduled, YOU MUST attend the interview, and take with you proof that you've had submitted the Vawa, and the adjudicator will put a hold in your AOS until final decision of the VAWA application.

Edited March 13, 2012 by sandranj

[Darnell 8,478]

I have a lease with both our names on it, the 2011 tax return filed jointly, pictures taken together (but just the 2 of us, not with friends or family), a joint gym membership and 3 affidavits from friends and roommates.

No pictures of the wedding because we were planning on having one back in my home country and we didn't have a joint bank account because I don't have a SSN so they refused to put my name on the account.

I hope that's gonna be enough evidence...

I have a bigger problem now, the landlord had given an eviction notice for march 31st, and we were looking for a new place, now my husband is in prison and I am looking for a shelter but it's full and I am waiting for a place to be available there. I wonder what will happen to me if i don't find a place at the shelter and the landlord throws me out in the street??! I can't afford to have my own place because i don't have a job yet.

Is my husband required to pay for my rent and to provide for me while in prison? and if so, how? he doesn't have access to his bank account as he is incarcerated. I don't understand how this will work...

Please if anyone has been through this or has any input on the matter, don't hesitate to contribute.

Thank you.

There was a mention of finding the local 'Catholic Charities' group in your town.

I suggest, strongly, that you contact them, do an intake with them,

as USUALLY they can 'get a spot for you' at women's shelter within 24 hours.

re: eviction notice - there is a notice in place, but has there been any court date set, with a court appearance ?

If there is a court date set, then you should GO to the court, and tell the judge your case, your position, and plead for another month at that address. You may get it, you may not, but it's much better to try as there is a possibility 30 more days may be granted.

[Princessblack 21]

Alma I am the director of a non profit organization that provides help for abused women, and I am an attorney as well. I helped more than forty five women since 2010 with their VAWA applications, and all petitions were approved.You have a strong case and you have enough evidence of the abuse suffered. As soon a prima facie determination is made in your case, you will be eligible for public benefits.

Studies show that abusers often use their partners’ immigration status as a tool of control and to force their partner to remain in the relationship. It sounds you are trying to justify his action telling that "he did not try to kill you...that you still love him...". Alma you need to understand no one should have to endure abuse!!! Please DO NOT tolerate domestic violence.It doesn't matter if you love him, it's crystal clear that HE DOES NOT LOVE YOU!! Love is a thing shared by two. Do not excuse him from taking responsibility for an action that he did – not you. It's his fault. He is the abuser you are the victim!

Don’t be so hard on yourself, and don’t try to get through all of this alone. You might feel helpless or paralyzed, but I do recommend a good counselor asap. As you heal and rebuild your self-esteem you will learn how to fall in love with yourself ,and then soon you will be able to say" I love him, but I will get over him, because I deserve better!. You’re on your way to getting over him and stopping loving him.There is more to life than stay together with someone who disrespected and abused you. I am here for you my dear. I can't change what's happened with you, and I am really sorry about what happened. You are not alone.

May God be with you always.

Very good advice. I hope it all works out for the OP.