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CJ888

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

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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..

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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.


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.

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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.


July 2011 - Applied for VAWA with I-765 and I-485 with fee waivers - receipt date Aug 4, 2011
August 10th 2011 - Received NOA's for all 3, fee waivers accepted
August 26th 2011 - Received EAD
Early July 2012 - Re-applied for EAD based on pending I-485
Mid July 2012 - Received NOA for 2nd EAD
August 1st 2012 - Received EAD
Silence for a few more months
October 26th 2012 - I-360 approval
November 19th '12 - Case transferred
May 2013 - Received interview notice

June 2013 - Interview (approved)

Permanent resident since June 2013

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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 .


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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---

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.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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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.

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