May I still file VAWA after I left for less than 6 months?

[CJ888 0]

Hi my dear friends here.

I really need help. I came to States January 2011 with K-1 visa. We got married in April and I filed I-485 Package in June. Actually my husband has abused me since I come to States and I just put up with him because we have a very cute infant boy. Eventually I couldn't handle anymore and I went to Shelter with baby. But my shelter manager said my case is not strong to file VAWA case because I never phoned 911. I lost everything in my husband's house too. He destroyed my laptop. He filed child custody to against me but I got sole physical custody at the first time. And then he tried very hard to convince me to go home to be with him. At that time I still loved him and anyway we have a baby. I went home 4 days before 2nd custody court hearing. But he phoned 911 to kick me out the night before the court. He planned this. I was so upset and almost want to kill myself that night. I am homeless before the court hearing and he prepared lots of fake evidence. So I lost baby's custody because I am homeless and no status in States. I was so upset and plus I was very sick. I drove back to Canada to see my doctor and other reasons.

Right now I checked that my green card was denied this month. And I am ready to go back to States to fight my baby's custody. I am thinking, May I file Vawa too? Please tell me any possibility. My friends. thanks..

[Penguin_ie 5,986]

You cannot claim VAWA now, because there is no process to file it on- someone who doesn't have a greencard or AP yet cannot leave the USA, sorry. You abandoned your greencard process because you left the USA.

You MAY be able to get humanitarian parole or enter without a visa as a Canadian citizen (are you?) to attend court hearings.

[Sandra G. 5,016]

Pinguim if she enters in the Usa she can file Vawa without any problem. There is no need to have a pending I-485. It doesn't matter when filing Vawa that she abandoned her case. Her problem here is to reenter in the USA.

[believe 46]

Hi my dear friends here.

I really need help. I came to States January 2011 with K-1 visa. We got married in April and I filed I-485 Package in June. Actually my husband has abused me since I come to States and I just put up with him because we have a very cute infant boy. Eventually I couldn't handle anymore and I went to Shelter with baby. But my shelter manager said my case is not strong to file VAWA case because I never phoned 911. I lost everything in my husband's house too. He destroyed my laptop. He filed child custody to against me but I got sole physical custody at the first time. And then he tried very hard to convince me to go home to be with him. At that time I still loved him and anyway we have a baby. I went home 4 days before 2nd custody court hearing. But he phoned 911 to kick me out the night before the court. He planned this. I was so upset and almost want to kill myself that night. I am homeless before the court hearing and he prepared lots of fake evidence. So I lost baby's custody because I am homeless and no status in States. I was so upset and plus I was very sick. I drove back to Canada to see my doctor and other reasons.

Right now I checked that my green card was denied this month. And I am ready to go back to States to fight my baby's custody. I am thinking, May I file Vawa too? Please tell me any possibility. My friends. thanks..

If I recall you can also file VAWA from outside of the country, as far as the reasons you left are related to the abuse. Have you been seeing a therapist or psychologist? Your husband will probably try to prove you are mentally unstable and if you've been seeing a therapist it will help your custody case. You'll also need to establish a domicile to prove that you can take care of the baby, so returning to the US might be your best bet.

Be strong. You have quite the road ahead of you.

[Darnell 8,478]

crossing into Canada whilst an Adjustment of status case is PENDING

usually voids the Adjustment of status case

unless you have Advance Parole in hand and used that when crossing into Canada.

Said another way -

Leaving the USA is a sign of abandonment of the Adjustment of Status casefile unless you had AP in hand .

[Darnell 8,478]

---

Of course, if HE withdrew the I-864, that casefile dies a horrible death, as there's no affadavit of support in play, at all.

[Sandra G. 5,016]

If you want to file Vawa abroad you can, and once your I-360 is approved you will be interviewed at a US consulate in your home country. I understood you want to reenter in the USA to fight for your child custody and of course if you file Vawa abroad they will deny your entry in the USA before adjudication of your case.As I said before you don't need to have a pending I-485 to file form I-360, and if your husband withdrew form I-864 you can still file Vawa, since Vawa filers don't need a sponsor.