Jump to content
serenityforever

what do i need to know and do to file vawa petiton

18 posts in this topic

Recommended Posts

I came into the us with our kids to join my husband here who is a citizen by naturalization.All was well initially but he soon started to verbally,emotionally and later sometimes physically abuse me.i ran out of the house and went to a shelter once but he convinced me to come back home and even married me here again in the us even though we had been married back in our home country. The abuse continued & got worse and i had to flee when he threatened to kill me.

Any advice on how to file a petition and how long does the whole process take

Share this post


Link to post
Share on other sites

~~Moved to Effects of Major Family Changes on Immigration Benefits from General Immigration Related Discussion. As similar topics are discussed here.~~

~~Duplicate thread removed.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

Do you have a 2 year green card or a 10 year green card?

If 10 year green card, you don't have to do anything. If 2 year green card you have to file a petition to remove conditions within 90 days of the expiration date on that green card This petition is called I-751, petition to remove conditions on residency. When you get a green card through marriage, you normally have to file jointly, that means your husband has to file the petition jointly with you. There are two exceptions to this that you may qualify for:

1. If you can document that you've been subjected to extreme cruelty and/or abuse, you can file without him.

2. If you are divorced and are in possession of your final divorce decree, you can file without him. Do note that even if you are divorced, you still have to document that the marriage was bona fide.

If you file the I-751 petition with a divorce waiver, you have to submit the final divorce decree. If you fail to submit this with the initial petition, you will receive an RFE asking for the divorce decree. You'll get 90 days to respond.

Removing conditions generally takes 5 - 10 months if all goes smooth.

Edited by JayJayH

Share this post


Link to post
Share on other sites

@JayJayH.He never filed any of the paperwork and so i am undocumented.what do i need to prove extreme cruelty and abuse, also how do i document that the marriage was bonafide because we married in our native country and also married again here in the US.

Share this post


Link to post
Share on other sites

The shelter you were in can be of help, going back & renewal of marriage should

be a bonafide argument along with with copies of leases, insurance, and bank accts

in both your names, also utility bill with your name at said address. Letters from

witnesses of abuse to you (notorized)

Share this post


Link to post
Share on other sites

You should join the "VAWA thread" here on VJ. You can read about others experiences and progress there. Currently it is located here-

http://www.visajourney.com/forums/topic/579084-vawa-part-7/

Part 6 is located here-

http://www.visajourney.com/forums/topic/529406-vawa-part-6/

Here are some other links about the basic VAWA process

http://www.nolo.com/legal-encyclopedia/application-process-vawa-green-card.html

http://www.womenslaw.org/laws_state_type.php?id=10270&state_code=US&open_id=14649

http://www.ilrc.org/files/document_gathering_for_self-petitioning_under_the_violence_against_women_act.pdf

Any additional questions you have can be asked in the VAWA thread, but please try to read through all parts of the VAWA threads as most if not all questions have been answered.

Share this post


Link to post
Share on other sites

@abbynak we came in on visitors visa and that expired a long time ago. The abuse started within a few months we got to the US till date.Most of it is verbal,emotional,psycological and financial.We were married in our native country and then later married in the us again.

Share this post


Link to post
Share on other sites

Join the VAWA thread as suggested; others can give you useful tips there. Sometimes when a spouse is dragging to legalize their significant other its a bad sign unless the reason is financial or medical. I'm really sorry of whats happening. What does he say about filing the paperwork so you can work and help with bills?


sunbeam

Share this post


Link to post
Share on other sites

@JayJayH.He never filed any of the paperwork and so i am undocumented.what do i need to prove extreme cruelty and abuse, also how do i document that the marriage was bonafide because we married in our native country and also married again here in the US.

How and when did you arrive in the US? What type of visa?

This is very important to know for anyone trying to give you advice.

Share this post


Link to post
Share on other sites

The OP replied to abbynak that they came on a visitors visa. It doesnt really matter though. VAWA is able to be applied for even if you are illegal. The only thing is the OP may want to just file the 360. If you file the 360 and 485, then a denial of the I-360 and I-485 will send you to Immigration Court. (removal proceedings). If only file the 360 and its denied then no court/removal.

Depending on what kind of evidence she has- if she needs EAD immediately-etc she can decide the best way to file. An attny would be helpful. There are many posts in the VAWA threads on how to get legal help for free or low cost.

So again the best thing she can do is read the VAWA threads and general info links and refer her specific questions to the VAWA thread if she still has any. I would encourage her to join the VAWA thread regardless of whether she has questions or not as it provides support and encouragement through the difficult process.

Share this post


Link to post
Share on other sites

I came into the us with our kids to (1) join my husband here who is a citizen by naturalization.All was well initially but he soon started to verbally,emotionally and later sometimes physically abuse me.i ran out of the house and went to a shelter once but he convinced me to come back home and even (2) married me here again in the us even though we had been married back in our home country. The abuse continued & got worse and i had to flee when he threatened to kill me.

Any advice on how to file a petition and how long does the whole process take

I am sorry for what you are going through.

Read all you can on the VAWA forum as others have suggested. I think you will need a lawyer and be prepared to address those statements underlined.

These are my reasons for underlining them...

1. You came on visitor's visa with the intention to join your husband?

2. You got married again.. (unless it was renewal of vows or application for informal marriage license)..did you represent yourself as never married?

Be careful of making statements to incriminate in yourself. If he committed fraud, you might be an equal participant and liable to those also.

But overall, you and the safety of your kids are the most important... Be safe and good luck!


(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

Share this post


Link to post
Share on other sites

You are right in that hopefully it was a renewal, OP should speak to someone at legal aid

to direct her, if the 1st marriage abroad was not disclosed on forms for new marriage...phew

If the US marrage was a renewal I think that's shows bonafide relationship

Edited by Jawaree

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×