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

[serenityforever 0]

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

[Ontarkie 13,915]

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

~~Duplicate thread removed.~~

[JayJayH 546]

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 January 2, 2016 by JayJayH

[serenityforever 0]

@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.

[Jawaree 717]

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)

[Villanelle 4,121]

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.

[deleted this acco 44]

Was he abusive back home? How long have u been married from the beginning? Please stay safe. How did you come without papers?

Edited January 2, 2016 by abbynak

[NigeriaorBust 4,087]

How did you and your children enter the country ? Did you have a visitors , student visa ??

[serenityforever 0]

@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.

[deleted this acco 44]

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?

[JayJayH 546]

@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.

[Villanelle 4,121]

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.

[serenityforever 0]

thanks for your help,questions and suggestions.Its nice to know people care enough and are willing to help.much appreciated.

[IcezMan_IcezLady 582]

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!

[Jawaree 717]

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 January 7, 2016 by Jawaree