abusive husband

[Hopeforever 1]

Hi, Am new here and need some advice. I came the us as F1, and met a really nice guy 2011. we dated for a while, but i got pregnant shortly after. I had the baby in September 2012 and we got married in December 2012. He turned out to be horrible, he will beat me up, and threaten to take the baby and that i won't see my son again. he said that i had no right and there is nothing i can do. I tried my best to do what he wanted, but he was never pleased, he will go out all night, drink and come home drunk. sometimes he wont come home, he wont look after the child but tells me i don't know how to take care of the baby. I managed to get him to go counseling, in hopes that we can work this all out. he stopped one day after beating me up before the session then came to the counselor office to deny it. I continued to go counseling alone every week. He lost his job because he was in jail for possession, and i am strained. I pay daycare, so i can go school and work, i buy everything the baby needs. he never wanted to do it anyways. recently he tried to choke me out, repeatedly and i have had enough, so i called the police. made a report and in the process of getting a protective order. he is being nice to me, sending text messages about love and all that, he normally do that after beating me up. then he goes around telling my friends that i am crazy. Now he wants to work things out, but i know that the next time he will hurt me worse.

Any advice for filing vawa?

should i file AOS with vawa petition?

we did not file I-130.

[shin shin 3]

Sorry to about your situation..your husband and my soon to be ex are like the same..i think they're bipolar..

Be strong and seek legal advises..look for a shelter in your area to help u.,

Have faith and Goodluck..

[mp&mp 12]

Get away from him look for a shelter! They have social workers that can help

[reasonable86 0]

I am so sorry to hear about your difficult plight. You have quite the complex scenario, so I can easily see how making the best decision at this juncture might seem like an impossible decision.

Okay, first I need to set out that this advice in no way should be exclusively relied upon, nor should be substituted for consulting with an attorney. I am only a law student and at this point, my advice is no more valuable than anyone else. In fact if any attny's out there think they should report me, then go to hell, I'm just trying to help another human being. Anyways...immigration is one of my intended practice areas so here goes...With the facts you have provided, it's impossible to advise you objectively concerning your next course of action. More information is needed such as:

Mentioning filing an AOS...sounds like you never adjusted your F-1. So just to clarify, did you file an I-485 to adjust your F-1 nonimmigrant status to that of a lawful permanent resident(LPR)?

You mentioned failing to file an I-130, does that mean your child was not born in the US?

If the baby was born outside the country, is the father listed on the child's birth certificate?

When were you admitted to the country with the F-1?

When was the protection order filed?

How long was the period of incarceration and what were the dates?

I can already tell you that filing an I-130 with the !-485 is completely reasonable and I would not think that would raise any flags. On the other hand utilizing the extreme hardship exception from VAWA filed simultaneously with the I-485 will immediately set off alarms since all of this is occurring so soon after the marriage occurred. You'll thus be defending the legitimacy of the marriage when entered into, while at the same time trying to get out of the marriage to protect yourself and your child. Nevertheless, as I see it, satisfying the VAWA exception is your only option since you generally have no more than six months to file an AOS after the marriage and due to the two year conditional LPR status attached to newlywed aliens. If the marriage terminates prior to the satisfaction of the two year requirement, then so does your LPR status. (unless VAWA relieves removal...[§216©(3)(D)]

If the child has not been legitimated or was not born in the US obtaining jus soli citizenship then your status will be conferred onto your child [iNA§216(a)(1), 216(g)(2)] This is why your status needs to be determined first.

If you'd rather send me a message with the info since it's a little more private then feel free. Hopefully I can give you clearer advise as to what exactly lies ahead if you wish to stay in the US. If you've resolved the issue or obtained a more qualified opinion then fantastic, just wanted to help as best I could. Take care.

[37shells 5]

Hopeforever you will get all the info you need in the VAWA part 3 topic, your husband and mine sound soooooooo alike. I filed VAWA too - there was never any i-130 either. The post above mine appears complicated and not sure any of it would be really applicable to you regarding a VAWA petition anyway. Most info you need is already in the vawa 3 topic, anything you cant find ask the questions in that forum you will get all the help you need there - good luck I am glad you are leaving the situation, please be careful leaving though, mine is still lurking about even with a restraining order in place.

[Sandra G. 5,050]

Reasonable86 with all respect everything you said it does not make sense and most of you said there is no provision in the Immigration Law. She clearly stated she got married and never aplied for AOS it means she cant file form I-130 and I-485 once she does not live with her husband anymore. She can file I-360 based in domestic violence.It does not matter if the alien got marriage and after 1 week,10 days or 1month was battered because the vawa law allows her to file I-360 ANYTIME after the abuse if the alien is married or did not divorced more than 2 years before filing Vawa.It won't raise any red flags filing I-360 along with I-485 right after the abuse suffered. She can file I-360 alone or concurrently with form I-485. It doesn't matter how long he was incarcerated or if he was charged with misdemeanor or not. OF COURSE it helps having a restraining order and police report but it's not mandatory to have police report to file Vawa.

[Villanelle 4,122]

Im going to have to agree that Hopeforever should go to the Vawa 3 thread found here--->

http://www.visajourney.com/forums/topic/398760-vawa-part3/page__st__1815

And follow Sandras advice. Sandra has helped many many people obtain assistance through out the process.

(while she may not be your lawyer she is a lawyer and an advocate and a blessing to the victims as she provides her time, guidance, advice, knowledge and moral support, post after post, day after day and never asks for anything in return) If you qualify for VAWA she will tell you, if you dont- she will tell you.

Join the vawa thread. Get support from others. Its a long process.

[Hopeforever 1]

Thank you all for your responses.

I came here in 2011 as F1- never left the US always been in school and maintained status..

My Son was born here in the US and his dad's name is on the birth certificate.

He has been locked up for possession of pot and control substances, the most recent on April 3rd (10-12 hours, lost job because of this)( first was in November 2012, 3 days).

We were going to file the I-130 and we had all that we needed but, I had put it off because things were getting worse and I know I wont be able to stay with the abuse. ( No 130 or AOS filed before)never adjusted status.

I would have been happy with a divorce, but says no unless i cheat, and i am unable to pay lawyer.

latest abuse happened last week, and i am waiting on time from work and my witness to get protective order, DA says I have to testify and all that before i can get it. (all the paperwork has been filled out and its ready)

He left when I called the police and since has not been allowed back into the house, yesterday he collected his things.

It is just me and the baby. He will text me all the time, nonstop. he says he will show up to counseling next week. He also said he spoke to a lawyer and said Cps wont take baby away unless there is domestic abuse and that i should never ever call the police again. Keep in mind he is no longer at home and he sends this.

His mom says he is bipolar and so does my friends, we never know who we are going to get when he comes around. I speak to his mom sometimes, but I am careful as blood is thicker than water.

I am paying daycare and all baby needs with the remainder of tax refund, with no help from me. I look after myself with the remainder of my paychecks after all bills and other things are taken off. ( i am not getting help from him, not now or before anyway)

I need to be able find work so keep live together before we run out of remaining tax refund, take better care of myself, and pay and get a divorce the right way since i don't qualify for any type of legal aid.

As for filing vawa (360,485,192,765), I have everything ready and i plan to file end of this month or very early next month.

[Sandra G. 5,050]

Hopeforever go to the family Court ask the clerk the pro bono lawyer list.You will be able to find a pro bono lawyer to represent you in your divorce case and child support as well.You can get restraining order against him if you fear for you life ANYTIME. Ignore his text msgs and phone calls. Do not be alone with him 1minute.You mention you are working do you have a valid work permit? You got the work permit based in what? Since your F1 visa allows you just to work in the Univerisity a few hours per week.It's ok if you were working without EAD, but as soon you send your Vawa you should not work till get your EAD.If i can help you I will answer your questions in the thread Vawa part 3 ok.

[reasonable86 0]

Reasonable86 with all respect everything you said it does not make sense and most of you said there is no provision in the Immigration Law. She clearly stated she got married and never aplied for AOS it means she cant file form I-130 and I-485 once she does not live with her husband anymore. She can file I-360 based in domestic violence.It does not matter if the alien got marriage and after 1 week,10 days or 1month was battered because the vawa law allows her to file I-360 ANYTIME after the abuse if the alien is married or did not divorced more than 2 years before filing Vawa.It won't raise any red flags filing I-360 along with I-485 right after the abuse suffered. She can file I-360 alone or concurrently with form I-485. It doesn't matter how long he was incarcerated or if he was charged with misdemeanor or not. OF COURSE it helps having a restraining order and police report but it's not mandatory to have police report to file Vawa.

INA 216(a)(4)© -Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters.

See also: INA 245(a)- Adjustment of status of nonimmigrant to that of person admitted for permanent residence

INA 245(d)- This is the problem provision...(this is why I was cautious as to the order in which the documents were to be filed)

- This is where I strongly disagree with you. concurrent filing would result in an attempted change of status, while awaiting an approval on a VAWA petition. But the provisions she falls under which would nevertheless grant her LPR status requires an approved VAWA petition[iNA 245(a)]. Concurrent, to me doesn't conform with requirements of the statute.

INA 101(a)(51)- Who qualifies for VAWA petition

INA 204(a)(1)(A)(iii)(I-II)- Procedure for granting immigrant status as an immediate relative spouse where there has been abuse

INA 201(b)(2)(A)(i)- Who qualifies as an immediate relative

INA 204(a)(1)(K)- Employment upon approval of VAWA

No provision in immigration law? Really?

You're right, the incarceration times are irrelevant for the essentials, but could be helpful in bolstering the "extreme hardship" burden while the abuse was taking place. I realize its not mandatory to have those things...thats why its called "evidentiary support". Did I have to make a copy of my Korean visa to send to USCIS when I filed my I-129F? No b/c I had already established she had visited me in the US, but I still wanted to strengthen my case by letting them know I lived in Korea for year.

You're right on about the never applying for the AOS and not being able to file 130/485---> but sorry that WASNT clear to me which is why I asked.

The I-360 is permissible to file at any time pursuant to 216 of the INA as well of as the MFA (Marriage Fraud Amendments). I never meant to suggest the contrary. You have to understand the cunundrum created by filing a VAWA w/ a !-485. How can you be (or why would you want to be) a conditional PR where your LPR can be terminated upon the dissolution of the marriage while also having an approved VAWA? This is why the VAWA approval comes first and is required by stature. I was mostly speaking as a practical matter filing documents together (which suggest equivocal intent) so soon after the marriage and that "raising flags", but in no way was I suggesting that she was precluded from filing anything. At our clinic last year, we had a client that filed a change of address (pretty basic right?) but since it was only three months after the marriage they ICE was all over her for the next month investigating the legitimacy of the marriage.

Immigration (especially the INA) is like a giant flow chart from hell, and there are innumerable paths and rabbit holes that can be taken (main reason why reform is so badly needed). As as student, of course I'll probably go down more of them than is required, but at this point it's better to be through. I don't know all the form #s or practically what has been acceptable. But I CAN promise you this, the instructions for filling the forms are grossly inadequate in informing you as to what is actually required (the I-134-affidavit for support is the best example) The INA is what the BIA judges apply when adjudicating cases, not screenshots from the USCIS website.

Anyways, thanks for reminding me why I dislike posting on message boards...Everyone's a critic and it always becomes a debate.

[Ontarkie 14,270]

~~~~One inappropriate comment removed~~~~

[Sandra G. 5,050]

reasonable86 there is no freaking conundrum filing vawa concurrently with form I-360 my dear,you are wrong again.I strong advise you to read about Immigration Law, specially about Vawa Law. The alien can file form I-360 concurrently with form I-485 and I-765.

When the alien submits forms I-360,I-765 and I-485 Vawa Unit will adjudicate FIRST form I-360 and form I-485 is put on hold until adjudication of form I-360, once form I-360 is approved Vawa unit will send the case to the District Office and the alien will attend AOS interview, and then the district office will adjudicate form I-485. Many people file form I-360 along with form I-485 because to get a work permit IT'S mandatory to have a form I-485 PENDING! when form I-485 is put on hold the AOS is PENDING.Did you get it?

I filed not hundreds but THOUSANDS of Vawa cases in the past 17 years, I would say 80% of the cases I filed I-360 concurrently with form I-765 and I-485.The immigration Law allows to file form I-360 along with I-485 and I-765 ok.

Hypnos where are you? come here to my help me,lol

Regarding your post "You have to understand the conundrum created by filing a VAWA w/ a !-485. How can you be (or why would you want to be) a conditional PR where your LPR can be terminated upon the dissolution of the marriage while also having an approved VAWA? This is why the VAWA approval comes first and is required by statute".

I have no idea what you are talking about.She is not a green card holder.

btw I am not criticizing you, I am just telling the information you gave is wrong.

Edited April 19, 2013 by sandranj

[Sandra G. 5,050]

reasonable86 I forgot to mention something, she does not have to prove extreme hardship in Vawa cases,just aliens placed in removal proceedings that decided to file "Vawa cancelation of removal" have to prove extreme hardship.She has to prove that she was subjected to battery or extreme cruelty and had a bonafide marriage that is it.

[37shells 5]

Just to add my two cents here - if sandranj is wrong then all of us who have acted upon her direction or advice must have filed wrong... we all must be denied then? You can see that yes there many people in the VAWA 3 forum with approved cases and you can of course ask them about what they filed and most will be happy to let you know what they did - mine is all in my signature below. There is no need to be defensive and feel as though you are being criticized but sandranj has helped many of us over the years and I believe that you can learn a lot about VAWA cases from her and also from those of us who are doing this by ourselves. We are not here to criticize each others filings we are here to give each other knowledge and support and I hope that you will stick around and contribute because we sure as heck need it, and hopefully you might sometimes allow some of us to contribute to your learning experiences too.