I-360 VISA Help

[kawaiiakurei06 2]

Currently trying to put together my mother-in-law's visa.

We are applying for the abbusive version of the I-360 because of the way her current husband has treated her since their marriage.

I was wondering if someone can help me with what type of paperwork she will need to collect. I am putting a list of what I found so far, but not sure if I need more. Also, the petition says she can file with another petition, but which petition would this be? Thank you!

Currently what we are trying to collect

1. Husband's birth certificate (proof he is American)

2. Marriage certificate

3. resided together

4. Evidence of still living in the US

5. police record (NOT SURE HOW TO OBTAIN THIS SINCE SHE HAS OVERSTAYED ON A TOURIST VISA)

6. Bith certificate of children

7. Evidence of extreme hardship (SON IS GOING TO WRITE A LETTER)

8. property taxes, joint bank account info

9. photos/ facebook messages/ emails to show evidence of entered marriage in good faith

Thank you for your help!

[kzielu 1,154]

You need to have police report for extreme hardship, not a letter written by her son.

[Boiler 47,580]

Police record would be the domestic violence case.

[kawaiiakurei06 2]

Unfortunately we don't have a police report, but we have pictures. She was scared to go to the police because of the fact she has overstayed. We were planning to have a letter written by her son to explain why how it would cause extreme hardships if she was deported.

[Boiler 47,580]

Extreme hardship is a different issue.

So what evidence does she have to support the abuse?

[kawaiiakurei06 2]

She has pictures of when he put his hands on her. Also, there is the fact he was acting like she was his wife but really she was like his personal servent. Never once after they got married did he try to actually file to make her legal. Sadly she was not able to do really anything since she does not know English well enough.

[Boiler 47,580]

She has pictures of when he put his hands on her.

Photos of being abused would certainly help, how were they taken?

Was she not given any help or guidance at the Shelter?

[Ontarkie 14,964]

~~Moved to Effects of Major Family Changes on Immigration Benefits from What Visa Do I Need - Family Based Immigration - As similar topics are discussed here.~~

[kawaiiakurei06 2]

Photos of being abused would certainly help, how were they taken?

Was she not given any help or guidance at the Shelter?

She took them on her camera.

No help from a shleter since soon after she was able to leave to live with her son and I.

[kzielu 1,154]

She has pictures of when he put his hands on her. Also, there is the fact he was acting like she was his wife but really she was like his personal servent. Never once after they got married did he try to actually file to make her legal. Sadly she was not able to do really anything since she does not know English well enough.

I don't think he has obligation to make her legal, if she came here on B-2, it actually may be seen as marriage for immigration purposes only.

[Sandra G. 5,102]

kiezlu it seems you do not understand anything about Immigration Law, Thank God! Vawa filers can adjust status if they entered in the US without inspection, with B2 visa or whatever,there is no problem at all.

Kawaykurei your mother in law needs to get US police clearance, copy of her husband passport or copy of his birth certificate if he is american, if she does not have these things,she has to ask USCIS to search about his status, giving his full name, date of birth,place of birth,and his parent's name. She needs to submit proof of the abuse, the picture MUST show her face,pictures showing bruises without showing the person face USCIS does not take in consideration.She has to submit copy of her passport, copy of her birth certificate and translation, and copy of her marriage certificate,and divorce decree if she divorced him.She can get US police clearance being out of status, it's not a problem.In her own affidavit she should mention she was never arrested,charged or convicted of any crime in the US and worldwide.

Ask her to get 3/5 affidavits (family and friends) stating about the bonafide marriage, and about the abuse, if her friends know about it, even people living abroad can give her affidavits ok. Submit proof showing commingling finances,if she does not have commingling finances then she should explain why she did not have commingling finances.

Her own affidavit should have between 9/13 pages, she must tell about the courtship(everything she can remember), then about the wedding day, then about the marriage and abuse(in details) mentioning always at least month and year.

I suggest that she does not submit the I-485 right now, tell her to file first the I360 (vawa),once approved then she file the I-485.

Joint he Thread Vawa part 6, but you should read a bit about Vawa in the Vawa thread part 5

Edited January 3, 2015 by sandranj

[Boiler 47,580]

kiezlu it seems you do not understand anything about Immigration Law, Thank God! Vawa filers can adjust status if they entered in the US without inspection, with B2 visa or whatever,there is no problem at all.

Kawaykurei your mother in law needs to get US police clearance, copy of her husband passport or copy of his birth certificate if he is american, if she does not have these things,she has to ask USCIS to search about his status, giving his full name, date of birth,place of birth,and his parent's name. She needs to submit proof of the abuse, the picture MUST show her face,pictures showing bruises without showing the person face USCIS does not take in consideration.She has to submit copy of her passport, copy of her birth certificate and translation, and copy of her marriage certificate,and divorce decree if she divorced him.She can get US police clearance being out of status, it's not a problem.In her own affidavit she should mention she was never arrested,charged or convicted of any crime in the US and worldwide.

Ask her to get 3/5 affidavits (family and friends) stating about the bonafide marriage, and about the abuse, if her friends know about it, even people living abroad can give her affidavits ok. Submit proof showing commingling finances,if she does not have commingling finances then she should explain why she did not have commingling finances.

Her own affidavit should have between 9/13 pages, she must tell about the courtship(everything she can remember), then about the wedding day, then about the marriage and abuse(in details) mentioning always at least month and year.

I suggest that she does not submit the I-485 right now, tell her to file first the I360 (vawa),once approved then she file the I-485.

Joint he Thread Vawa part 6, but you should read a bit about Vawa in the Vawa thread part 5

OP suggested not adjusting her status from B2 was sign of abuse.

[Sandra G. 5,102]

Her husband was not obligated to adjust her status, but USCIS considers a pattern of mental abuse when the US spouse refuses to file for green card, but it must be collaborate with intimidation,threats to report her to Immigration,isolation,degradation,control etc.