Does anyone know where to find the rules for proof, for a VAWA claim over the past 6 or so years?

[Borderlander 0]

I'm sure that as years pass the "evidence," needed to support a VAWA claim has changed.

Going back at least 6 years, preferably ten years can anyone point me to a history of the evidence required to prove violence in a VAWA claim?

I imagine, but I may be wrong that once upon a time little evidence was required because I remember reading that some immigrants were creating a lot of "false immigration VAWA claims."

As the years go by USCIS may have upped the requirements for evidence.

Can anyone point me to the evidentiary requirements that VAWA has had perhaps a decade ago, versus 5 years ago, versus now?

Has the requirement for evidence gotten tougher or looser?

[Anitafeliz 1,133]

https://www.uscis.gov/archive/archive-news/fact-sheet-uscis-issues-guidance-approved-violence-against-women-act-vawa-self-petitioners

Here's the consequences for filing false report.

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume9-PartG.html

Edited August 10, 2016 by Anitafeliz

[Richard1948 1]

It happens all the time. However, under VAWArules you will not find out if the petition was approved. I can say she must be able to prove that she has been changed suffering in some certain ways or suffers from PTSD. You have to kind of understand that this process is beyond anything you can control. It does not give you a criminal record or show up in employer data bases. Please try to relax, no one likes false allegations made against them, but in this case there is nothing you can do except submit your side of the story along with proof and move on.

[Borderlander 0]

Reiterating: I'm trying to find if there have been significant changes in the burden of proof for the VAWA filer over the past decade. It's a simple historical question. Times change, enforcement changes and either the burden of proof for a VAWA filer has remained the same, or tightened over the past decade.

Once again: Does anyone know the answer to this historical question.

It's not about relaxing. It's not about "fear" of anything. It's about history. It's a simple question and frankly I'd be surprised (but happy) if someone really was familiar with the history of VAWA over the past decade.

I do not fear a VAWA case in this instance. During our relationship the police were called only once and that was by me. I asked the police to explain to my wife that "In America men cannot hit, hinder movement, or grapple" women and that the same holds true for a 97 pound female. The police came and did exactly that.

Here is what the police report states:

"xxxxxxxxxxxx wanted his wife spoken to on how to handle conflicts and arguments pending their divorce. When asked
why he needed police assistance, xxxxxxxxxx stated their arguments in the past have turned physical and he is trying
to avoid physical confrontations. In speaking to zzzzzzzz, she denied their confrontations ever turning physical and I
observed no evidence to indicate otherwise. To make sure there was no confusion amongst the two of them, I spoke
to them together and advised them on how to handle conflicts and arguments in the future."

Considering that when she filed VAWA 2.5 years ago, there was zero evidence. No police reports. No 911 transcripts. No medical data (bruises). No psych data. Fast forward to now: Think she'd prevail on a VAWA claim with this police statement on record? I don't think so. This police report, combined with the 2.5 year prior VAWA may be, by itself, enough to have her put into removal. Imagine you are a USCIS adjudicator. You look at the VAWA claim from 2013 and you look at the, in hand, hard copy of an official police report where the supposed victim, pleading abuse, now states that their confrontations were never physical. What would you do in this case. I suppose there could be other forms of abuse, such as financial or emotional abuse, but put it all together, looking at the one police report she'd be a fool to now file a VAWA.

The "reason" I ask my question is that 2.5 years ago she "disappeared" a few days after receiving her first GC. I skip-traced her and found her in another state living with her sister. (Of course now knowing that she had a lover in the same city I have reason to wonder was she really living with her sister?). She resurfaces after 3 months, we reconnect, she withdraws the VAWA. Life seems good then *poof* I catch her cheating. So I wonder, why did she not continue with the VAWA? Did the burden of proof change just about this time? (2013-2014)? Was VAWA simple and easy prior to this? If the burden of evidence increased at some point, then Plan "A" (a false VAWA) may become impractical because (if this is the case, I really don't know, thus my question) all of a sudden USCIS demands more significant evidence.

I'm a curious fellow. But I really do not need to be told to either "relax," or "move on." So if you cannot contribute something material, please don't contribute at all.

Edited August 11, 2016 by Borderlander

[Merrytooth 5,748]

You have to ask Sandranj (our VJ VAWA expert, pro bono attorney who has helped many people here).

http://www.visajourney.com/forums/user/16778-sandranj/

There are also people who filed VAWA fradulently and got it.

Ask this verysadguy and check his very long thread here:

http://www.visajourney.com/forums/topic/358738-fiance-was-cheating-while-pregnant/

[Borderlander 0]

Thanks Merrytooth!

[Harmonia 211]

There are no "rules" for VAWA or any other petition. Any petition instruction will list examples of proof, and the evidence submitted varies.

Each case is different. The facts of the case are unique, so you're on a fruitless search if you want to find any kind of "rules", relaxed or more stringent.

[Borderlander 0]

Well, perhaps you think USCIS works under a vacuous set of non-rules but that is definitely not the case. Just do a quick search on “VAWA + rules of evidence” + evidence. Sure the adjudicators have a certain amount of flexibility in using such rules but the rules exist. I had hoped to find a “VAWA historian” that could summarize. Merrytooth's answer does that, not directly but does point to a potential source.

Here’s the results of the above search… As you can see, there are lots of "rules of evidence," "credible evidence;" Standard of Evidence," and so on... take a look:

VAWA has evolved to contain areas that specifically touch on the privacy of domestic violence victims: rules of evidence;

See: https://epic.org/privacy/dv/vawa.html

Violence Against Women Act of 1994

Changes to the Federal Rules of Evidence in Sex Offense Cases. VAWA 94 amended the Federal Rules of Evidence, changing Rule 412….

Standard of Evidence (§ 668.46(k)(1)(ii))

On September 13, 1994, President Clinton signed the Violent Crime Control and Law Enforcement Act of 1994. It was known to most, from Title IV of the act, as the Violence Against Women Act (VAWA). VAWA enacted three new Federal Rules of Evidence: 413, 414 and 415. Most notably, Rule 413(a) amended the Federal Rules of Evidence

“Section I of this article considers the legislative history of VAWA’s “any

credible evidence” standard of proof. As part of this survey, the article examines

the pre-1994 battered spouse waiver protections created by Congress to offer

immigration relief to abused immigrant spouses and efforts by the Immigration

and Naturalization Service (INS, now ICE) to limit the kinds of evidence that an

abused immigrant spouse could offer to support their petition for lawful

permanent residency. Such evidentiary limitations…”

http://www.lsc.gov/sites/default/files/LSC/pdfs/9.%20%20Appendix%20VIII%20%20Any%20Credible%20Evidence%20--%20Orloff.pdf

[Harmonia 211]

Well, perhaps you think USCIS works under a vacuous set of non-rules but that is definitely not the case. Just do a quick search on “VAWA + rules of evidence” + evidence. Sure the adjudicators have a certain amount of flexibility in using such rules but the rules exist. I had hoped to find a “VAWA historian” that could summarize. Merrytooth's answer does that, not directly but does point to a potential source.

Here’s the results of the above search… As you can see, there are lots of "rules of evidence," "credible evidence;" Standard of Evidence," and so on... take a look:

VAWA has evolved to contain areas that specifically touch on the privacy of domestic violence victims: rules of evidence;

See: https://epic.org/privacy/dv/vawa.html

Violence Against Women Act of 1994

Changes to the Federal Rules of Evidence in Sex Offense Cases. VAWA 94 amended the Federal Rules of Evidence, changing Rule 412….

Standard of Evidence (§ 668.46(k)(1)(ii))

On September 13, 1994, President Clinton signed the Violent Crime Control and Law Enforcement Act of 1994. It was known to most, from Title IV of the act, as the Violence Against Women Act (VAWA). VAWA enacted three new Federal Rules of Evidence: 413, 414 and 415. Most notably, Rule 413(a) amended the Federal Rules of Evidence

“Section I of this article considers the legislative history of VAWA’s “any

credible evidence” standard of proof. As part of this survey, the article examines

the pre-1994 battered spouse waiver protections created by Congress to offer

immigration relief to abused immigrant spouses and efforts by the Immigration

and Naturalization Service (INS, now ICE) to limit the kinds of evidence that an

abused immigrant spouse could offer to support their petition for lawful

permanent residency. Such evidentiary limitations…”

http://www.lsc.gov/sites/default/files/LSC/pdfs/9.%20%20Appendix%20VIII%20%20Any%20Credible%20Evidence%20--%20Orloff.pdf

You don't seem to understand that VAWA isn't merely about immigration.

The first link you cited has to do with adherence to the Cleary Act about universities reporting sexual assault. Nothing about immigration. Definitely nothing about USCIS "rules".

The second link is about victim privacy in general. Nothing about immigration. Definitely nothing about USCIS adjudication "rules" here, either.

The third link has a historical analysis from 1994-2005, looking at VAWA authorization in 1994 and reauth in 2000 and 2005. There are no USCIS "rules" here, either, although the document concludes that evidence became more flexible.

"Between 1994 and 2005, Congress strengthened and broadened available protections under immigration law for victims of domestic violence, sexual assault, and trafficking and continued to apply the “any credible evidence” more flexible standard of proof to each VAWA-related petition for legal immigration status."

I didn't say there are vacuous "non-rules". I said VAWA just like any petition is evaluated on the totality of the facts of the particular case. Just like there's no written in stone "rules" about "required" evidence to support a K1, or an I-130, or an I-751.

Again, let it go. Let it go. Maybe you feel vindicated in this research, but move on. Be happy you're free of your ex. Her immigration status is NOT your concern at this point.

Edited August 13, 2016 by Harmonia

[Villanelle 4,121]

The "reason" I ask my question is that 2.5 years ago she "disappeared" a few days after receiving her first GC. I skip-traced her and found her in another state living with her sister. (Of course now knowing that she had a lover in the same city I have reason to wonder was she really living with her sister?). She resurfaces after 3 months, we reconnect, she withdraws the VAWA. Life seems good then *poof* I catch her cheating. So I wonder, why did she not continue with the VAWA? Did the burden of proof change just about this time? (2013-2014)? Was VAWA simple and easy prior to this? If the burden of evidence increased at some point, then Plan "A" (a false VAWA) may become impractical because (if this is the case, I really don't know, thus my question) all of a sudden USCIS demands more significant evidence.

I'm a curious fellow. But I really do not need to be told to either "relax," or "move on." So if you cannot contribute something material, please don't contribute at all.

I dont know if Sandra will have time or interest to answer you... She is quite busy and her focus is usually more on victims then those that claim fraud (because honestly guys like you are a dime a dozen). This is not a new story or really even an interesting one on VJ. It happens. It happens a lot. I can give you links for pages that are flooded with guys in similar situations or you can google VAWA victim of fraud, accused VAWA etc and you will find them. The discussions there are interesting and you may learn something. It wont be a good something though because there is no good. Very few people are able to stop a VAWA or prove fraud in regards to it.

To answer some of your questions. Why did she not continue with the VAWA? No one knows but her. We can speculate she didnt have enough evidence to meet the standards and got an RFE and perhaps panicked and came back to file with you jointly. This is a common scenario and on VJ its warned to not 'reconnect' with someone that filed VAWA. They can be setting you up for more evidence or simply returning after finding VAWA wont work for them. Since she did not set you up for more evidence I will assume she is just ignorant of the processes and perhaps all her moves are not well planned out.

To my knowledge there has been no significant changes to VAWA in the last 2-3 years. I believe it was re-extended or whatever its called a few years ago but I dont think there was significant changes that would apply to her situation. As for whether its simple to file or not thats a loaded question. For some the process is easy for others it is difficult. On one side there are the 'accused' who claim benefits were given when they shouldnt have been and its very easy. On the other side there are legitimate victims who are denied or struggle for approval.

As for the police report--- that is NOT a slam dunk against VAWA. There are victims (real victims) that have even more negative reports against them. This is because sometimes abusers use the police system against the victim to control and intimidate them. Your report does talk about "mutual abuse" which would make her not eligible if its believed to be true.

Are you asking for/interested in help in attempting to stop her VAWA? There are limited ways you can impact it.

[Villanelle 4,121]

Edit- I just saw your other thread and your wife is going to divorce waiver interview.... Whats with all the questions about VAWA?? Anyway if you want help with impacting her waiver application....

[Borderlander 0]

I dont know if Sandra will have time or interest to answer you... She is quite busy and her focus is usually more on victims then those that claim fraud (because honestly guys like you are a dime a dozen). This is not a new story or really even an interesting one on VJ. It happens. It happens a lot. I can give you links for pages that are flooded with guys in similar situations or you can google VAWA victim of fraud, accused VAWA etc and you will find them. The discussions there are interesting and you may learn something. It wont be a good something though because there is no good. Very few people are able to stop a VAWA or prove fraud in regards to it.

To answer some of your questions. Why did she not continue with the VAWA? No one knows but her. We can speculate she didnt have enough evidence to meet the standards and got an RFE and perhaps panicked and came back to file with you jointly. This is a common scenario and on VJ its warned to not 'reconnect' with someone that filed VAWA. They can be setting you up for more evidence or simply returning after finding VAWA wont work for them. Since she did not set you up for more evidence I will assume she is just ignorant of the processes and perhaps all her moves are not well planned out.

To my knowledge there has been no significant changes to VAWA in the last 2-3 years. I believe it was re-extended or whatever its called a few years ago but I dont think there was significant changes that would apply to her situation. As for whether its simple to file or not thats a loaded question. For some the process is easy for others it is difficult. On one side there are the 'accused' who claim benefits were given when they shouldnt have been and its very easy. On the other side there are legitimate victims who are denied or struggle for approval.

As for the police report--- that is NOT a slam dunk against VAWA. There are victims (real victims) that have even more negative reports against them. This is because sometimes abusers use the police system against the victim to control and intimidate them. Your report does talk about "mutual abuse" which would make her not eligible if its believed to be true.

Are you asking for/interested in help in attempting to stop her VAWA? There are limited ways you can impact it.

Sorry I missed answering your thread but the line "(because honestly guys like you are a dime a dozen)" is so mean that you do not warrant an answer by me.

If you have a bone to pick, why not pick on who that person is, not on a person who just had his wife leave him in what appears to be a scam? Why be so mean when someone simply asks for answers.

Still, I'll answer it: No, I'm not asking for help with VAWA, she does not stand an ice cube's chance in Hades of prevailing if the adjudicator even glances at it.

[Villanelle 4,121]

Im sorry if my post came off as "mean" to you. Ive been posting on here a long time and "mean" is something Im rarely accused of. But anyway its understable that emotions run high (especially in a situation such as yours) and not everything written comes across read as intended...

What my comment meant was there are plenty and I mean plenty of guys in your exact situation. This is not a new story. it has been discussed many times on VJ from every angle. And believe it or not I was and still am offering you help. I have helped many on here assemble packets to send to USCIS about potential fraud for both VAWA and ROC. I only offer help to those I truly believe have a shot in the dark. There is specific wording you would need to include and other wording that needs to be left out or it will end up in the 'trash'. Several people I have helped have had positive results- from either the ex-spouse leaving the country rather then complete the 751 to withdrawing the petition and remaining illegal or trying to obtain benefits through a new spouse. Most of this stuff is not posted on the open forums because of privacy issues with the people involved.

Some of the comments you have made (in both threads) are common comments and many have been dispelled through out the years. The process is more then just a snippet here and a snippet there. You have to have an overall understanding of how the snippets interact and which ones apply. Many long time users have offered opinions and some looky-loos have offered nonsense. It is up to you to make sense of it all. Try not to be so defensive. Not everyone here is against you.

If you hear nothing else please hear this. There is NO VAWA in this case. "VAWA" is commonly abbreviated as the process for obtaining a GC due to abuse. The Vawa law does allow for GC holder to remove conditions alone if they were abused however this does not apply to your case. Your spouse can remove conditions with a divorce waiver. There is no reason to believe she will use the "abuse waiver" option. I also do not believe the 864 will be an issue in your case but I suggest you read the suing on the 864 thread as it contradicts your opinion of how strong a statement you have included in your divorce. It has links to many actual 864 cases. To my knowledge none have been denied at the federal level because of things you posted as defenses. The common reason it is denied in local or state courts is because of jurisdiction. In federal courts its typically denied because of the immigrant earning above the poverty line after investigation.