VAWA, Part 7

[danettepatrick 0]

@patienceisvirtue - Thanks, bud. I'm just worried just like all of us. I'm currently reading all contents here on this thread for more information and inspirations.

I have another problem though, my tourist visa date stamp will end on Nov. 9 but since I submitted my vawa (and it is pending) do I need to file an extension of my stay here as a tourist?

[Sandra G. 5,016]

Danettempatric You filed VAWA, that being said you are not a tourist anymore. A tourist is someone visiting the U.S and it's not your case.

If you told USCIS just what you told here I don't think you have a VAWA case. Did you attend therapy and submit a psychological evaluation? were you diagnosed with depression and/or post-traumatic disorder, if not then your chance is almost no existent.

Edited October 18, 2016 by sandranj

[danettepatrick 0]

Danettempatric You filed VAWA, that being said you are not a tourist anymore. A tourist is someone visiting the U.S and it's not your case.

Thanks! It just assured me that I just have to wait for the receipts.

Anyway, I have another question, my brother who has suffered emotional abuse by our father has also an approved I-130 (and he has an available visa too). However, he is currently in the Philippines right now, is he still eligible to submit application for VAWA petition?

[danettepatrick 0]

Danettempatric You filed VAWA, that being said you are not a tourist anymore. A tourist is someone visiting the U.S and it's not your case.

If you told USCIS just what you told here I don't think you have a VAWA case. Did you attend therapy and submit a psychological evaluation? were you diagnosed with depression and/or post-traumatic disorder, if not then your chance is almost no existent.

I was not diagnosed with depression as I did not seek help to any medical specialist nor asked for any help from the police because by the time that my father made me stay in his basement - he would threaten me that in case I tell anyone about my situation, I will get deported and he will not complete his petition for me, and then after a few weeks he kicked me out of his basement and told me to find a place to stay because his wife doesn't want me living at their house. I was just lucky that I have a best friend from a long time ago who offered me to stay at their house for a few weeks before I went back home to the PH. Remember, this happened two years and after that incident my father still keeps on contacting me and threatening me that he's the only one who can complete my petition. When I went here again last May as a tourist visa, he contacted me again and gave me false hopes of completing his petition under the circumstance that he wanted me to work "under the table" at his cousin's restaurant as a busser.

[Sandra G. 5,016]

danettepatrick

I hope that your story of the abuse is MUCH more than what you are writing here because I do not see any abuse, kicking you out from his house is not abuse, it's "an unpleasant situation", telling you that he is the only person that can file for your green card is not abuse, it's just his opinion.You said that you entered using a tourist visa, you stayed in his house and he didn't give you enough food, this is not enough to have a VAWA case.

If you were not diagnosed with major depression and /os post-traumatic disorder your chance to have your case approved is very small.You probably will get an RFE requiring proof of the abuse,and if you get the RFE you must attend at least 5 therapy sessions and have a psychological evaluation done, and if the evaluation is not specified that you are suffering depression and/or anxiety/post traumatic disorder then USCIS will not approve your case.As I said you might be abused, but usually, when people are abused they mention what happened here and we have an idea if the person was abused or not and reading your posts I couldn't find any circumstance of abuse.

If your brother was abused in the U.S and left to the Philippines then he has to prove to USCIS the connection between the abuse and the reason why he left the U.S, if his life was in risk here etc..

Edited October 19, 2016 by sandranj

[danettepatrick 0]

I read on many articles that psych evaluation is not needed if you have a declaration. Also if you think that kicking me out of his house knowing that I have no other relatives nearby and threatening me to be homeless is just "an unpleasant situation" is derogatory. You invited your son to go to your house but you detain him in your basement and feed him whenever you are available and telling him to not make any noise the whole day may not be extreme cruelty to some but that was my case. I don't know if I'm suffering depression or ptsd but I clearly need help. You're right about seeking evaluation but at my standpoint right now I guess I'd have to find the right people who could help me for cheap charge (because I have no work) or for free.

Thank you for your opinion and I will definitely try my best to provide those evidence.

danettepatrick

I hope that your story of the abuse is MUCH more than what you are writing here because I do not see any abuse, kicking you out from his house is not abuse, it's "an unpleasant situation", telling you that he is the only person that can file for your green card is not abuse, it's just his opinion.You said that you entered using a tourist visa, you stayed in his house and he didn't give you enough food, this is not enough to have a VAWA case.

If you were not diagnosed with major depression and /os post-traumatic disorder your chance to have your case approved is very small.You probably will get an RFE requiring proof of the abuse,and if you get the RFE you must attend at least 5 therapy sessions and have a psychological evaluation done, and if the evaluation is not specified that you are suffering depression and/or anxiety/post traumatic disorder then USCIS will not approve your case.As I said you might be abused, but usually, when people are abused they mention what happened here and we have an idea if the person was abused or not and reading your posts I couldn't find any circumstance of abuse.

If your brother was abused in the U.S and left to the Philippines then he has to prove to USCIS the connection between the abuse and the reason why he left the U.S, if his life was in risk here etc..

[bspouse 1]

I removed the condition on my two years conditional green cards with abuse / extreme cruelty waiver.

I got my conditional green card in nov 2013. I believe I am eligible for citizenship now as its three years now. Tell me if I am right on this. Please

I am not divorced yet. and not in contacts with my USC spouse.

The documents I submitted during ROC was ..

- personal statement - 20 pages describing abuse

- psychological evaluation stating I have symptoms of PTSD

- counselor letter showing 9 visits during the time frame of abuses

- message exchanged between me and counselor during abuse period

- letter from two school official who are aware of the abuse and who saw my situation during those period

- letter from three friends with whom I shared the abuse

Now that I want to file for N400.

What documents I need to submit ?

Do I need to resubmit all the abuse related documents again ? I submitted the original copies during ROC. Can I submit the copies now ?

thanks

bspouse

danettepatrick

I hope that your story of the abuse is MUCH more than what you are writing here because I do not see any abuse, kicking you out from his house is not abuse, it's "an unpleasant situation", telling you that he is the only person that can file for your green card is not abuse, it's just his opinion.You said that you entered using a tourist visa, you stayed in his house and he didn't give you enough food, this is not enough to have a VAWA case.

If you were not diagnosed with major depression and /os post-traumatic disorder your chance to have your case approved is very small.You probably will get an RFE requiring proof of the abuse,and if you get the RFE you must attend at least 5 therapy sessions and have a psychological evaluation done, and if the evaluation is not specified that you are suffering depression and/or anxiety/post traumatic disorder then USCIS will not approve your case.As I said you might be abused, but usually, when people are abused they mention what happened here and we have an idea if the person was abused or not and reading your posts I couldn't find any circumstance of abuse.

If your brother was abused in the U.S and left to the Philippines then he has to prove to USCIS the connection between the abuse and the reason why he left the U.S, if his life was in risk here etc..

[Sandra G. 5,016]

Danettetnepatrich you have your opinion and I have mine, my opinion is based on my experience as an attorney and 6.000 VAWA cases that I had approved since 1994, and yours? you don't have to answer me , you believe in what you want.Good luck.

[Sandra G. 5,016]

bpouse you don't have to submit the documents regarding the abuse when applying for naturalization.The visa journey has a step by step thread how to apply for naturalization. Because many Immigration officers don't know that the 3 year rule is extended to people filing ROC based in extreme cruelty then submit a copy of the USCIS memorandum stating about it ok.

https://www.uscis.gov/sites/default/files/files/pressrelease/PolMem89.pdf

[Sandra G. 5,016]

danettepatrick you might be abused but I said at least twice in my posts that if you told USCIS what you posted here I don't see as abuse what you described but as an unpleasant situation. You said when you came in 2008 he did all these things and you left and years later you returned again to his house and he again did all these things, but USCIS works with proof. What proof did you submit besides your own affidavit? I had just 2 cases, in thousands that I handled, that the women didn't have to submit a psychological evaluation, but both kept a diary where they were writing all abuse suffered during the entire time that they were married( 11 years and 7 years).

You used the word "detained", where you locked up in the basement/house without any communication with others and no way to get out? then this is abuse.

I had many VAWA approved filed by kids abused by their fathers/mothers but they had substantial proof, you might have but I gave my opinion considering what you posted here. You didn't ask my opinion but we all here are entitled to have our own opinion, the difference is that my opinion is based on my experience handling VAWA cases. If I did not care about the victims I would pretend that everything the victims say or believe is right, but because I care about the victims I always give here my honest opinion and you can take it or not, at the end of the day is your Vawa case. I am not here to bash the victims. I am here on Visa Journey providing information about VAWA since 2005.

[danettepatrick 0]

danettepatrick you might be abused but I said at least twice in my posts that if you told USCIS what you posted here I don't see as abuse what you described but as an unpleasant situation. You said when you came in 2008 he did all these things and you left and years later you returned again to his house and he again did all these things, but USCIS works with proof. What proof did you submit besides your own affidavit? I had just 2 cases, in thousands that I handled, that the women didn't have to submit a psychological evaluation, but both kept a diary where they were writing all abuse suffered during the entire time that they were married( 11 years and 7 years).

You used the word "detained", where you locked up in the basement/house without any communication with others and no way to get out? then this is abuse.

I had many VAWA approved filed by kids abused by their fathers/mothers but they had substantial proof, you might have but I gave my opinion considering what you posted here. You didn't ask my opinion but we all here are entitled to have our own opinion, the difference is that my opinion is based on my experience handling VAWA cases. If I did not care about the victims I would pretend that everything the victims say or believe is right, but because I care about the victims I always give here my honest opinion and you can take it or not, at the end of the day is your Vawa case. I am not here to bash the victims. I am here on Visa Journey providing information about VAWA since 2005.

Thank you. I will try my best to gather more substantial proof of my case since I might possibly get RFE but for the meantime I will have to wait for the receipt of notice as I have already sent my I-130 packet to them last Oct. 4. I will update you asap and will keep you posted on my case. I appreciate your help, Sandra.

[patienceisvirtue 8]

@sandra I sent you an email. Not sure why USCIS sent my husband an i797 notice saying the case was moved to VSC. I sent in a new i485 after granted approved i360 and deferred action. Will they continue to contact him?

[Sandra G. 5,016]

patienceisavirtue If they send the I-797 to your husband regarding your new AOS then contact immediately the USCIS Field Director and the USCIS ombudsman as well because clearly they made a big mistakes. USCIS cannot discuss your case with your husband at all.

[mariposa2 24]

Hello Everyone! I am new in this forum. I sent my VAWA application form I360 together with the form I765 and the Ajustment of Status Form I485. I sent all in September 31 2016 and USCIS received my package October 3rd and my lawyer received a receipt In october 20 2016. but I just received receipts for the form I360 and I765..why I did not receive a receipt for the form I485 if I sent all at the same time?

Somebody please answer this question?

How was for you guys?

[Strongstaystrong 0]

Timeline: 1130,1485,1765 Sept 21st 2015-received

WORK PERMIT received December 2nd 2015

Interview: Feb 25th 2016. Given a recommendation to approval letter.

Rfe July 25th to my ex wife

My status: interview finished case under review. Suffered abuse through relationship... have medical records and a protection order against my now ex wife divorced in August 2016.

I have one problem was arrested for simple assault on my wife in November 2015, she set me up to the cops cause I wanted to leave, I pleaded not guilty and my case was dismissed and sealed after only 2 months. I couldn't press charges against her coz she is a cna and if she gets arrested she would have lost her job. But I got a police clearance and I suffered mainly physical assault from her and have a permanent protection order and medical record and medical fees for treatment received...was abrasion and assault. I know I was abused..

But do I have a case here...do you know time limit...if I sent my 1 360 tomorrow plus my 1 765 under c 9 coz my current is expiring in December