Filing for VAWA without a lawyer.

[Dewave2 17]

Hi Everyone,

I'm looking for some possible help and advice.

Long story short: My wife (USC) and I were going through an adjustment from Visa Waiver, after our marriage at the start of the year. We finally got notice of our interview to take place at the end of December. Last week, my wife left me over text message. From this, the locks on our house were changed, our joint bank account was cleared out and all cards cancelled (She was the primary on the accounts), and I was told to never speak with her again. I was basically left homeless without anything. Everything I had, I left behind to move here for her, all my money was tied up in living in the last year without working, as well as paying for our adjustment package. I have no family back at home, its just met.

The past 8 months had been riddled with problems, due to her addiction to alcohol and drugs and occured after our marriage. I only found out a short while after the marriage, but there is a chance it could have been going on before hand, without my knowledge. This lead to multiple accounts of abuse (Never physical), as well as various other events I would rather not go into detail on, however...it lead to huge multiple lies that eventually I found out about, but I decided to stick through it and try to get my wife through this tough time. There were problems, but I never expected it to end like this. Im in shock, and it hasnt really hit me yet. I need to get myself on my feet ASAP, and then once I am, chances are it will hit me then. I have my EAD now, so work is a priority.

After talking with a couple of immigration lawyers (I filed without a lawyer), they all recommeded, based on all the facts I gave them about the relationship, that I filed for VAWA (I-360, I believe). The problem is, obviously the cost the charge for this, is completely out of my range, as my wife cleared out our bank accounts, not that there was a lot anyway, we lived from paycheck to paycheck at this point. As all my savings had been eaten up the past year whilst living here without working, I have the pocket change in my wallet to my name, and noone to turn to to ask for financial help. This means, I need to file this package alone. The problem is, I dont know the process, what I need to include, or even if its possible to file alone. All I know, is that I need to file as soon as physically possible.

Has anyone ever filed alone? Is it possible? Does anyone have any resources that I can look at online, to figure out exactly what I need to do, what I need to include, and how to go about it? Anyone that could offer advice whether privately or on this forum, it would be greatly appreciated!! Im in a state of desperation, and trying to resolve this problem.

Thank you in advance!

[reese1 68]

Here is some information you can look over. Best of luck to you!

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8707936ba657d210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

[Dewave2 17]

I also wanted to add:

The marriage was completely bona fide, and our initial adjustment package was extremely strong, with plenty of evidence. I understand from some quick basic research, as part of VAWA I need to include evidence of bona fide marriage. This wouldnt be a problem if I had access tyo all our documents, but I dont, my wife does, in the house, to which I cant get access. Is there anyway to ask the USCIS to give me copies of the documents of the package I sent to them? If not, how do I go about getting this same evidence. Obviously I still have pictures and things like that, but in terms of bank statements, phone statements, joint leases...she has them all?

And secondly. I need to open my own bank account ASAP, to obviously have access to my own money. Since being kicked out of the house, I am staying with a friend. Am I OK to put that new address down for the bank? I dont want any repercussions coming back to my friend, and Im also terrifed of anything happening with regards to my immigration before being able to file as it will take me a couple of weeks, and I dont want anyone coming to my house to 'take me away' before I can sort it all. Can anyone offer advise?

Thank you!!

[Hypnos 6,576]

I am sorry for what you are going through, this is basically the worst option when it comes to what can happen to an immigrant.

You may want to check out the main VAWA thread here: http://www.visajourney.com/forums/topic/398760-vawa-part3/

You can apply for fee waivers when filing immigration forms, and it seems that VAWA filings have a better-than-average chance of waivers being approved (the people who deal with waivers are completely separate from those who adjudicate cases).

I urge you to take action without delay, since from your timeline your AoS interview is probably going to be scheduled any day now and you need to get ahead of the fallout from that.

You may want to consult a pro bono (free) lawyer who specialises in VAWA cases. You can find a list here, sorted by state: http://www.justice.gov/eoir/probono/states.htm and these are accredited by the Department of Justice.

Good luck to you.

[Dewave2 17]

I am sorry for what you are going through, this is basically the worst option when it comes to what can happen to an immigrant.

You may want to check out the main VAWA thread here: http://www.visajourney.com/forums/topic/398760-vawa-part3/

You can apply for fee waivers when filing immigration forms, and it seems that VAWA filings have a better-than-average chance of waivers being approved (the people who deal with waivers are completely separate from those who adjudicate cases).

I urge you to take action without delay, since from your timeline your AoS interview is probably going to be scheduled any day now and you need to get ahead of the fallout from that.

You may want to consult a pro bono (free) lawyer who specialises in VAWA cases. You can find a list here, sorted by state: http://www.justice.gov/eoir/probono/states.htm and these are accredited by the Department of Justice.

Good luck to you.

Thank you for your reply!

My first question, is what is a Fee Waiver, and how does it apply in my case? Its something Im hearing for the first time

Taking action immediately is my top priority, as the interview date has actually been set, its for December 19th. The problem is, I don't have the interview letter, as it would have arrived after I was kicked out, so Im not sure if she will have already taken action to stop the interview, or remove her petition or anything. for which im terrified, as I have no idea where that will leave me if she does. So Im just trying to learn everything I can about this now, to get a package together ASAP.

And thank you for that link, Im going to contact some now Thank you for your help!!

[NigeriaorBust 4,087]

Do you know your case number ? Have you checked the status online ?

She has likely pulled her I 864 and that will end AOS. If AOS is denied so ends your EAD. A fee wavier is a request to not pay fees due to inability to make the payments. Also you are to report moves within 10 days ( if you aren't living at "home" anymore you have moved ) Do you have proof of her problems ? Any friends that would write statements ?

[Hypnos 6,576]

An I-360 VAWA filing has no fee, so a waiver of the fee for that is not required. Some people submit an I-485 AoS application concurrently with their I-360 VAWA, and that is the form that has a fee associated with it and needs a waiver (if you choose to go the concurrent route - an immigration attorney is the best person to ask whether that is what you should do).

A fee waiver request should be made using an I-912: http://www.uscis.gov/i-912

As I understand it, a fee waiver request is usually granted (for a VAWA-associated I-485 at least) if you can show either: (i) you are receiving a means-tested benefit, or (ii) you have a household income of 150% of the poverty rate or below, or (iii) you can otherwise demonstrate financial hardship.

I'm glad you have already looked into that list of lawyers. The two things highest on your list to do right now should be (1) how to approach the 19th December AoS interview (I suspect they will advise you not to go, but IANAL), and (2) getting your VAWA packet ready to send, including the decision on whether to file for AoS at the same time and including a fee waiver for it (you would be able to file another I-765 employment application on the basis of that pending I-485, but it can put you on ICE's radar should your VAWA I-360 ultimately be denied).

Edited November 27, 2012 by Hypnos

[Boiler 44,878]

Going in without a Lawyer when you have waived all your rights seems very risky.

[Dewave2 17]

Do you know your case number ? Have you checked the status online ?

She has likely pulled her I 864 and that will end AOS. If AOS is denied so ends your EAD. A fee wavier is a request to not pay fees due to inability to make the payments. Also you are to report moves within 10 days ( if you aren't living at "home" anymore you have moved ) Do you have proof of her problems ? Any friends that would write statements ?

Hi!

I do know my case numbers, I have all the paperwork sent to me from filing up to the interview letter, which I dont have. I checked the case statuses online, and currently they are the same as they were before she left me. I do understand the there is a pretty large chance she will pull everything on her side, especially as I know she has an immigration lawyer who is close to her family, most likely offering this advice. I understand that if this happens, my EAD will end, which is why Im hoping to gain employment for the time being, in the hope I can at least gain some funds in the meantime. Does any happen to know, that if say, she pulls out of everything on her side, lets say tomorrow, will this still allow me a period of time to submit a VAWA? If so, how much time would it grant me?

I havent changed my address yet. I applied for a new bank account with my new address today, however I was hoping to at least try and get the VAWA process started before changing my address, in the hope it gave me some more breathing room, just in case she pulls her side, as Im not sure how quickly immigration will be after me if this happens.

As for proof, this is something im trying to figure out what I can gain. In terms of her problems, its something we kept pretty personal at her request. It once got so out of control that I had to turn to her parents for help, so they knew and from that, her sister found out and knew. Obviously, Im not going to be able to get anything from them willingly. I dont know if legally they are obliged to say anything. I just searched my emails and unfortunately I have nothing from them referencing it, as all our conversations were in person or on the phone. About 5 months ago, I did confide in the lawyer we were half using about the massive problems, and to find out my position if everything went wrong, so I know thaty he is fully aware of everything from a long time ago. She was also seeing a therapist regarding the problems. I have no proof of this, but again, I hope legally, something can be done to bring this to light (I actually went with her multiple times at her request, some im hoping im covered in the confidentiality of the therapist in some way, and therefore the info has to be released...or something) She also went to various AA meetings, but I know this is something that almost certainly cant be proven. I have a couple of friends who I confided in, with regards to lots of the emotional problems that were being caused from the things she was doing as well as the drinking/drunk abuse, which lead to the constant emotioanl abuse of me. I need to go through all of my emails from her, to see if there is any mention of the drinking/drug problems in them, but there are literally thousands of emails, so this will take me a day or two. I know there were texts messages sent regarding it, but my messages have periodically been deleted from my phone. Im going to restore my iphone at all the various save points I have on my pc to see if any of them, have messages from that period, to which I can locate. There are other little bits, like her refusing to let me use the car to have any form of travel and independance, as well as limited access to money most of the time. There might be more Im currently unable to think of.

[Dewave2 17]

An I-360 VAWA filing has no fee, so a waiver of the fee for that is not required. Some people submit an I-485 AoS application concurrently with their I-360 VAWA, and that is the form that has a fee associated with it and needs a waiver (if you choose to go the concurrent route - an immigration attorney is the best person to ask whether that is what you should do).

A fee waiver request should be made using an I-912: http://www.uscis.gov/i-912

As I understand it, a fee waiver request is usually granted (for a VAWA-associated I-485 at least) if you can show either: (i) you are receiving a means-tested benefit, or (ii) you have a household income of 150% of the poverty rate or below, or (iii) you can otherwise demonstrate financial hardship.

I'm glad you have already looked into that list of lawyers. The two things highest on your list to do right now should be (1) how to approach the 19th December AoS interview (I suspect they will advise you not to go, but IANAL), and (2) getting your VAWA packet ready to send, including the decision on whether to file for AoS at the same time and including a fee waiver for it (you would be able to file another I-765 employment application on the basis of that pending I-485, but it can put you on ICE's radar should your VAWA I-360 ultimately be denied).

So, why would people concurrently file with a new I-485? And why would some not?

As for the waiver, I can demonstrate financial hardship right now, as I have no money whatsoever in my bank account, and no access to any, anywhere in the world.

Tomorrow morning, Im going to work my way thorugh the list of lawyers in my area, and see which have experience close enough related to whats happening, and just hope theyll be able to take on the case for free. With regards tot he interview, everyone that has advised me has told me pretty much to not go to the interview alone. Im curious though, what does IANAL mean? I think I would need to apply for another I-765 regardless, as Im going to be needing to work whilst all this is going through. If it is ultimately denied, which I understand is a very likely outcome, from what I understand, the process takes about 18 months. Is this correct? So in theory, if I was to file for a new i-765 and it granted, this will give me roughly 18 months, in case the VAWA is denied. (The reason Im asking, is im trying to gain a rough time frame of how much money I can save, in case I do need to go back home - this way I can have some savings to ataully go back home with, as oppose to nothing). Or, is there a chance of it being denied immediately?

[Dewave2 17]

Going in without a Lawyer when you have waived all your rights seems very risky.

I definitely don't want to go into all of this without a lawyer, its just all a case of money right now, as I have been left with absolutely nothing, and all the lawyers Ive spoke to, are asking for anywhere between $10,000 to $20,000 with half up front. I cant even offer $5 up front right now, so trying to find a way to do this is becoming hard. If filing without one is my only option, then unfortunately this is the route I would have to take.

[Dewave2 17]

Hi Everyone,

So Im starting to prepare my VAWA case, Im at the very beginning so i'm totally overwhelmed.

One thing I need to sort quickly is this: When my wife ended it, I managed to go to our house quickly afterwards in a panic and grab some of my stuff from the garage when I knew she was out, but by the next day all the locks had been changed and I had no access to the rest of my stuff. Since then I haven't been back. I spoke with the police the other day, who said that her changing the locks was against the law as my name is on the lease too.

So my questions are these:

I still have stuff in the house, that I would like to get, knowing im about to file for VAWA in a couple of weeks, what is the best way about this?

Also, a lot of the paperwork, for example financial documents, are in the house still (I hope and think), Will I be able to take this with me if I get into the house, as its in both our names?

Also, the lease that has both our names on it, is in the house (I hope its still there), will this make it a problem for getting into the house?

As Im about to file for VAWA, considering she has changed the locks illegally, is this something I need to report through official police channels, to have a crime report, to include in the VAWA package?

And finally, what do I do if say, I manage to get back in the house...but all my stuff has been throw away?

Thanks for all your help!!

[Penguin_ie 5,992]

If you are fearing a disturbance if you go alone, you may wan tto arrange for a friend to go collect the stuff, or see if a local policeman can come with you.

Changing the locks is not the basis for VAWA, but maybe there is stuff you have not told us. Be aware that it can be quite difficult for a man to be successful, so do gather all the evidence you can in terms of doctors reports of injuries, police reports etc.

[Villanelle 4,121]

"I still have stuff in the house, that I would like to get, knowing im about to file for VAWA in a couple of weeks, what is the best way about this?"

The best way would be to contact your local police department and arrange for them to send an officer to escort you to the property so you can remove the rest of your belongings.

"Also, a lot of the paperwork, for example financial documents, are in the house still (I hope and think), Will I be able to take this with me if I get into the house, as its in both our names?"

Thats kind of a hard one.. Paperwork in both your names technically belongs to both of you. So it would really be up to the officer present to 'mediate' if a dispute arises over whos property it is. Most likely theyll make you leave it on the property and tell you youd have to fight for 'ownership' of it it in court. (however in the case of joint financial documents like youre referring to, theyre not irreplaceable items- you can obtain copies from whomever they were issued by)

"Also, the lease that has both our names on it, is in the house (I hope its still there), will this make it a problem for getting into the house?"

You should have some form of ID that has your address listed on it. I mean if you get to the door is your wife going to deny knowing you? You could call the landlord and ask for a copy of the lease to be faxed to the police station if need be.

"As Im about to file for VAWA, considering she has changed the locks illegally, is this something I need to report through official police channels, to have a crime report, to include in the VAWA package?"

I dont know if changing of the locks qualifies as 'VAWA' but you should report it as it would be relevant in divorce proceedings.

"And finally, what do I do if say, I manage to get back in the house...but all my stuff has been throw away?"

You would file a police report.

[Hypnos 6,576]

First off, obtain notarised affidavits from anyone you spoke to about your wife's problems, and have them attest that you confided in them about it or they otherwise were aware of the situation.

Second, if an I-360 VAWA is filed by itself and eventually denied, USCIS do not refer that person to ICE for them to begin deportation proceedings. If a concurrent VAWA I-360 / I-485 AoS is denied then USCIS do refer that person to ICE, and so this is why some people choose to file for VAWA by itself first, wait the ~18 months for its approval, and then file for AoS using an I-485 once that is done. The downside is that filing a standalone I-360 VAWA does not grant you any kind of legal status or employment authorisation, which you do get from filing an I-485.

IANAL = I am not a lawyer.