AOS/130 marriage, but abusive relationship

[Cathi 5,610]

The physical abuse has only been once. She has evidence of that, but I feel like it just isn't enough. he's more of the emotional abuse and manipulation. Does this count??

"only once"? Once is one time too many.

[caliliving 606]

This is nut! but i understand as a friend you want to help.. generally unless you file AOS you dont have much chance to stay here.. vawa is when you already filed and you are doing ROC... did she come on K1 or overstay? if she is an overstay, her best bet is to leave and figure out a place to stay ect.. K1 is much harder bc you have to get married to the person you came here with... she has a kid so i undersatnd she does not want to be seperated, but of course the law does not care unfortunately:( She is not in a good situation.. of course he isnt going to file bc he has control of her emotions and knows the minute she has her GC she is going to run off.

This is nut! but i understand as a friend you want to help.. generally unless you file AOS you dont have much chance to stay here.. vawa is when you already filed and you are doing ROC... did she come on K1 or overstay? if she is an overstay, her best bet is to leave and figure out a place to stay ect.. K1 is much harder bc you have to get married to the person you came here with... she has a kid so i undersatnd she does not want to be seperated, but of course the law does not care unfortunately:( She is not in a good situation.. of course he isnt going to file bc he has control of her emotions and knows the minute she has her GC she is going to run off.

[Loveher 5]

@Caliliving, I think u are wrong on who can file vawa.

[milimelo 4,210]

@Caliliving, I think u are wrong on who can file vawa.

She is wrong.

[Sandra G. 5,016]

AAron 20/20 your answer is not correct. A person can have a VAWA case approved without a police report and without hospital records. If she is being battered of course she should go to the police but it doesn't mean she will have her VAWA denied because she didn't file a police report.

[aaron2020 11,651]

AAron 20/20 your answer is not correct. A person can have a VAWA case approved without a police report and without hospital records. If she is being battered of course she should go to the police but it doesn't mean she will have her VAWA denied because she didn't file a police report.

It's a much harder VAWA case in a he said/she said scenario where there is no collaborating evidence than a VAWA case with police reports and hospital records.

[Sandra G. 5,016]

Callliving you are wrong, first of all who has a GC CANNOT file VAWA,they can ROC choosing the waiver option (abuse) but it's not VAWA, the Law for ROC based in abuse was enacted in 1986,prior to VAWA enactment.

People physically,mentally, financially or sexually abuse CAN FILE VAWA. They can be here legally or not, and who entered without inspection can file Vawa as well.

If she doesn't have a police report, or if she is not in a shelter for victims of domestic violence then she attend at least 5 therapy sessions and have a psychological evaluation done by a PSYCHOLOGIST or by a experienced Councelor.

[Sandra G. 5,016]

Aaron I have over 6.000 Vawa cases approved and not even 15% had a police report or hospital records. Of course I advise the person to file a police report, but in case the person doesn't have a police report the VAWA can be approved with a psychological evaluation, affidavits from family and friends and with her own affidavit, she has to prove bonafide marriage as well.

Edited July 27, 2016 by sandranj

[Marco&Bettina 502]

Aaron I have over 6.000 Vawa cases approved and not even 15% had a police report or hospital records. Of course I advise the person to file a police report, but in case the person doesn't have a police report the VAWA can be approved with a psychological evaluation, affidavits from family and friends and with her own affidavit, she has to prove bonafide marriage as well.

^Credibility.

[Em Z 3]

I understand no abuse is acceptable - ever. Please don't mistake my writing "only" as if I'm downplaying anything.

We are taking a look into the information you guys have provided. Thank you, so much!

[Villanelle 4,121]

Basic info about VAWA- http://www.womenslaw.org/laws_state_type.php?id=10270&state_code=US

Dedicated VAWA thread on VJ- http://www.visajourney.com/forums/topic/579084-vawa-part-7/page-39 please note this is part 7. You can and should find the previous parts with the search feature and read through them paying attention to Sandras posts. (she is a attny who specializes in VAWA and donates time in the forums)