Vawa Part 5

[henry10700 2]

1. Yes, I will be filing with emotional abuse as part of the package. Seeing a psychologist is on the list of things I need to get started ASAP, I will be seeing them for as many sessions as possible. I have a collection of evidence already, there are still a few bits to get, but hopefully they won't take too long!

2. 5 months doesn't seem so long, for a complete approval? for some reason, I anticipated much longer, as I'm in Los Angeles, and my initial green card interview took over 5 months to be scheduled! Doesn't matter where you are all cases of caws are processed in Vermont. And they are taking 2-5 months right now that can change at any time.

3. Sorry for the confusion - so my I-360 is denied, I can just refile? Would there be much point in refiling, if denied, as nothing new on my part would be added?

If your affidavited is weak you could refile with a stronger one.

4. I believe so. It's something I avoided doing, as I didn't know the VAWA process, and I didn't know what harm it would cause. I know she has at least tried to start the process, as I had one call from a lawyer asking me to visit his office to pick up divorce papers, but I never set a date and never attended, again, not trusting her or or family in anyway, I didn't want to make them aware of my location at a specific time and date. This was back in November 2013. I haven't heard anything again since.

You need to find out if she filled based on DV or fraud it can cause your I360 to be denied.

[Sandra G. 5,026]

TARIESL, you need to find out if she filed for divorce for irreconcilable differences or fraud. If she filed based in fraud YOU MUST CONTEST the divorce.

In case of Vawa denial you can refile again.As Henry10700 said Vawa is taking between 2/5 months. Get police clearance from all places you lived in the U.S since you got here. You said you are filing Vawa based in physical abuse as well, do you have a police report and/or restraining order, or hospital record?

Do not go for a psychological evaluation without doing some therapy.Many psychologists say they can perform an evaluation after 2 hours of interview,believe me it will be a horrible evaluation, nobody has a descent evaluation without attending some therapy sessions.

Edited June 15, 2014 by sandranj

[TariesL 0]

Thanks for the replies! Its very much appreciated.

With regards to divorce - Its something I haven't done any research on, and so I'm not sure of the process. so some more questions.

1. How do I find out if she has filed? I have no contact with her or anyone that knows her whatsoever.

2. When she files for divorce, can she file without me? As I have no documents regarding a divorce, or haven;t signed anything.

3. When she files, can she claim anything she wants as part ofd the divorce? I don't know if she will claim fraud or not. I know through hearing things from when it happened, she had claimed I had cheated on her a bunch of times, so she might go down that route?

4. If she goes the cheating route, can I contest that too? Will that have any bearing on my case either?

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With regards to police clearances, I've only lived in one city the whole time. Do I need them from every address I have lived at, or just form the city? I read somewhere about FBI clearance too. Do I need that also? I'm assuming I need this for back in my home country too?

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And with therapy - thank you for the advice. I plan on attending a good few sessions first before doing any evaluation. Will any therapist/councilor perform an evaluation? Or does it have to be a specific one?

thanks again for everything

[Sandra G. 5,026]

TariesL You should see a psychologist,NOT A COUNSELOR,or SOCIAL WORKER.

If your wife didn't know your address , then she couldn't serve you with the summons,then she probably placed in a legal newspaper for at least 30 days about the divorce, and since you didn't contest the divorce a judge probably granted on the grounds that she filed the divorce.

She probably filed for divorce in the county where she lives.Go to the Court to speak to the clerk .

Edited June 16, 2014 by sandranj

[Xayot 1]

Sandranj do you watching World Cup ? I have 3 update on my case on May 6 they receive my I 485, on June 4 it say transfer another office to process and on June 13 Friday another update this is what it saying The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

What is mean ? It is 36 day still did not receive BIO metric

[Iop 2]

XAYOT:

It has been 229 days since my vawa was approved, and 104 days since my 485 was trasferred to Vermont in order to speed up the process, also 116 days since i applied for new EAD and nothing! I don't know if my case is wrong, and I really should worry about it or it is just what it is - some people get lucky in terms of waiting time, some less lucky. So my point is that patience is the key, I am not stressing anymore, it makes no sense.

YAY for World Cup! Brazil is doing great so far. Let's support US today!

[Sandra G. 5,026]

Lop in one hour a member from this thread Will have her AOS interview . I helped with the Vawa,her VAWA was transferred in September 2013 to the NBC.As you can see she waited 270days to have her interview today.SHe went to info pass a few weeks ago,and finally they set up her interview go to infopass to inquire about your case

Edited June 16, 2014 by sandranj

[Sandra G. 5,026]

Xayot I watched BrAzil playing last week. Your case was transferred to the local office. but in 1/3 weeks they will ship your case to the NBC, and it will be there 4/7 months ,then have a seat and don't sweat ,lol.

I hope Brazil doesn't play with USA , because It will be hard for me to watch the game, because I like my home Country but my heart is American ,lol

[Hopeforever 1]

Sandra, I sent you a PM on VJ.

Today i had my interview, it was less than 5 minutes. All questions came from the I-485

[Iop 2]

Sandra, I already went to infopass, I did several times, last one was last week, I called, emailed, they always say one thing - your case is protected by privacy act, so we cannot help, contact directly Vermont, so I have been writing letters to them. The lawyer suggested do AILA request next month, hope that will help...Thank you!

PS I was cheering for Brazil, I hope they make it to finals=)

[TariesL 0]

TariesL You should see a psychologist,NOT A COUNSELOR,or SOCIAL WORKER.

If your wife didn't know your address , then she couldn't serve you with the summons,then she probably placed in a legal newspaper for at least 30 days about the divorce, and since you didn't contest the divorce a judge probably granted on the grounds that she filed the divorce.

She probably filed for divorce in the county where she lives.Go to the Court to speak to the clerk .

Sandranj

Thank you for that information. She DIDNT and DOESNT know my address, so I was never served. That was why the lawyer tried to have me meet at their office last year I assume. So it sounds like she would have gone the route you mentioned.

My knowledge of divorce currently is minimal - as I was concentrating on VAWA.

If the divorce was granted - does that mean she could have said anything she wanted as to why? If so, does that go on record, and will that affect my VAWA case, if for example she said I cheated on her?

If it has been granted, is there anyway to contest it now?

And is there anywhere to find out what court she may have filed in? I'm not entirely sure where she lives anymore (stopped paying attention a long time ago).

Also - seeing as you are the most knowledgable person on here - is there any problem with me filling my VAWA with as much time having passed as it currently has (A year and a half since she changed the locks on the apartment, and it all came to an end?). I hope not!! Circumstances didn't allow me to file earlier when I would have liked!!

Thanks!!

[missymd 5]

Hi everybody, today l received my interview notice coming up in two weeks..l,m excited but nervous at the same time..fingers crossed!!

[Jessy_L 7]

My rfe was only for my arrest desposition. That's it. I sent it to them right away. I'm crying every day. And I'm from Ukraine Crimea the part that got took over by Russia. So I have Ukrainian passport and we r no longer Ukraine I believe we r Russia now. And I don't know if it gonna effect my case.

I do not think it will at all.

They not going consider you Russian until you going to change passport.

Though, sucks (( I doubt you can change passport in Russian consulate only back in Crimea.

Cheer up, do not make yourself more depressed ((

[Sandra G. 5,026]

TariedL my knowledge regarding Vawa is because I am an attorney,lol, and nine years member of visa journey.

Considering that she filed for divorce in California, you will be fine, because California is a no fault divorce State and has just two ground for dissolution of marriage "Irreconcilable differences",or "Incurable insanity". Probably she filed based in irreconcilable differences, the divorce decree will show just "irreconcilable differences", not if cheated on her or not.

To find out where she filed for divorce you should go to the Court in the County where she lives.

If you are not divorced you can file Vawa when you want,if you are divorced then you must apply within two years after he divorce.If your divorce happened over 2 years ago then you can't file Vawa anymore.

[Jessy_L 7]

Hi everyone,

I am trying to respond to my RFE for abuse. I didn't submit any psychological evaluation at the beginning so they are asking for one now.

I contacted a few Marriage&Family therapists (with a lot of experience) lately, but none seem to know or able to perform the psychological evaluation for me. So question is, WHO can perform this evaluation or whatever its called.

The issue number 2. None of the therapists is familiar with VAWA. Anybody here has a sample of letter that you send to a doctor when you make initial contact? All of them are like: "Oh, no, I can't help you" when they hear word: Immigration.

Thanks in advance guys.

Google in your state "phsycologist evaluation immigration"

that is how I was looking for one.

Sometimes it worth the trouble to go to the other state to do the eveluation.

It has to be PhD clinical pshycologiest though familiar with abuse.