Help with VAWA

[dog500 0]

I'm so glad that we found this great website. The people here seem so knowledgeable!

Hopefully you can help me with my situation.

I came here about 18 months ago on a B1/2 Visa and wound up getting married about 6 months ago.

Right after marriage, my husband and I applied for adjustment of status, concurrent with the I-765, I-131 and his I-130.

I have recently found out that the I-864 was never filed and an RFE was sent over a month ago. I never knew this, as I am not allowed to check any mail. My spouse refuses to cooperate and the 485 will be denied due to no response in two weeks.

This marriage has been nothing short of awful. He has constantly berated me, telling me I am ugly, stupid and constantly threatens to withdrawi his I-130 and have me deported back to my home country. I cook, clean, have sex etc. at his command or he gets very angry, yells at me and threatens to have me deported. Meanwhile, I am not allowed to have any friends or leave the house for any reason. The only reason we are still together is because I have no car, money, friends or anything.

I recently found out I can possibly self petition under VAWA

Please help me understand this better:

1. Does it sound like I would be approved under VAWA?

2. If I apply under VAWA, what is the fastest way to get a work permit as well? Does the I-360 need to be approved before I can get a work permit?

3. Will it help speed up the work permit if I apply for deferred action also?

4. Since he filed an I-130, will that help get me a faster priority date? What if he has already withdrawn the I-130 - does that make a difference?

5, Is he liable for any support if I apply under VAWA without his 864?

6. Should I submit the I-360 with the I-485 and I-765

7. Does it matter if I file while I still have the other 485 pending?

Thanks so much for any help I can get!

[Boiler 43,434]

http://www.visajourney.com/forums/topic/521166-i-864-questions/

Fishing expeditio?, you seem to have changed gender and roles.

[Darnell 8,478]

Yikes.http://www.visajourney.com/forums/topic/521166-i-864-questions/

[Ontarkie 13,915]

~~Moved to Effects of Major Family Family changes, from Bringing Family Members of US Citizens to America~~

[Sandra G. 5,016]

Dog 500. Considering what you described here it seems you have a selfish and mean husband, but I am not sure if you are victim of extreme cruelty(mental abuse) it depends if you will be diagnosed with major depression due the abuse suffered or post traumatic disorder, without having one or both of the diagnosis you do not have a VAWA case.You should seek some counseling 5/6 sessions,have a psychological evaluation done,without a psychological evaluation done your chance is almost non existent to have a VAWA approved.

2. If I apply under VAWA, what is the fastest way to get a work permit as well? Does the I-360 need to be approved before I can get a work permit?

NOPE, once you have a pending I485 you can get work permit through the pending I-485 even filing VAWA. There is no fast way to get EAD, USCIS can take 30/90 days to issue the work permit. Just in exceptional cases you can expedite the EAD.

3. Will it help speed up the work permit if I apply for deferred action also? Deferred action has anything to do with work permit.Once VAWA is approved most of the times USCIS grants deferred action,it means the person cannot be deported until adjudication of the AOS.

4. Since he filed an I-130, will that help get me a faster priority date? What if he has already withdrawn the I-130 - does that make a difference?

There is no priority date if your husband is an US Citizen.Vawa will be adjudicated in 2/5months, and AOS between 2/4 months.

5, Is he liable for any support if I apply under VAWA without his 864?

VAWA filers do not need affidavit of support,because of that you have to sign the I-864W.

6. Should I submit the I-360 with the I-485 and I-765

If your I485 is still pending there is no reason to submit a new I-485.

7. Does it matter if I file while I still have the other 485 pending

If the I485 is still pending DO NOT submit another I485 because you will screw up the case.You can submit a new I-485 just if the previous I-485 was denied,or never filed, it's not your case.

Edited March 22, 2015 by sandranj

[Boiler 43,434]

Dog500 is the US spouse who does not want to submit an I 864.

So has had the bright idea of getting his wife to adjust through VAWA.

Had occurred to me as a route for those who could not meet the income requirement's.

[Avery Cates 1,141]

Oh man I love this thread already.

[Villanelle 4,121]

ug.

This thread is a minefield.

So my 2 cents before it is locked and buried-

You never know who is on the other side of the screen. - Logic..reasoning.. best guess.. never know. even the slightest 1% chance this is "mrs dog", and she got on the computer and found VJ and it auto logged her on her under mrdogs name. Well hopefully she reads what he wrote in the thread Boiler linked to.

Perhaps their marriage has been how she described- I mean Mr Dog sounded like hed be exactly that kinda guy in the other thread .Then she should read and re-reread Sandras post. It has all the info she needs and the thread should be closed.

If this is Mr Dog however going fishing trying to find out if he can circumvent the laws and have his wife adjust through VAWA instead of the normal AOS procedure he should be aware it is against the terms of service to seek out that kind of advice here and should cease doing so immediately hence the powers that be here will take action upon him.

I also suggest Mr Dog look deeper into the 864 as he still seems to be confused about what it is and what it isnt. There are plenty of reading materials about it on this site if you search keywords on google like visajourney 864 sue support divorce damages etc.

He should also note that some couples have included in their pre-nups (you can also write up a post-nup) and so far it has not been challenged in court- (meaning no one thats had one written up-divorced and tried to renig on it and sue) so they are not sure how legally binding those documents are as of yet.

But generally the 864 is between the gov and the sponsor in regards to means tested benefits only and is rarely collected upon. So only if the alien collects benefits does the gov come to you for reimbursement. Rarely is an alien able to collect and in those cases its even rarer that the gov comes back seeking the money.

In very few and specific cases was the alien able to sue and collect money directly from the sponsor. It was limited time- when the alien was at a severe disadvantage- not to enable them to have a lavish lifestyle of sitting at the beach with a new lover on the former spouses expense.

I would encourage MrDog to read Benders Bulletin on suing under the 864 for a complete analysis of the cases that can be found here-

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2192275

Either way, Best of luck to both Mr and Mrs Dog.

[Boiler 43,434]

The person who posted this thread has been back after my initial reply

Looking at the 1% option, the auto logged Mrs Dog,, begs the question why there was no comment? After all would you not want to say ohh this is not me, I was using an account set up by my husband.

Now it is certainly not unknown on VJ for couples to use one account, often to great confusion.

Sharing an account when seeking VAWA guidance? Beyond belief surely? I have seen very weird stiff on VJ but this would take the biscuit. Weird enough as it is.

Edited March 23, 2015 by Boiler

[TBoneTX 43,058]

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