Devasted

[BelwinMills 0]

I just found out yesterday that I received a NOID ( Notice of intent to deny) for my vawa petition. After nearly a year an half of waiting this has devastated me.

Shona

Shona sorry to hear that.

[PaulineA 1]

Welcome to the jungle

It gets worse here everyday

Ya' learn ta live like an animal

In the jungle where we play

If you got a hunger for what you see

You'll take it eventually

You can have anything you want

But you better not take it from me

Why are you so nasty to Shona? I've seen other threads that you have also taken upon yourself to be down right rude to here. No one wants to read your warped posts, do not post if you have nothing nice to say. Poor Shona seems to be having a hard enough time without you adding to her troubles. Please leave her alone.

[dmartmar 1]

Proving mentally/emotional abuse is so hard. I'm not going to hold my hopes up. I'll probabably have to leave, if anything, through voluntary departure.

You have no idea what went on in my marriage and the abuse that both myself and my children endured. My attorney has 7 pages of it.

What happened? I thought I read somewhere when you said that the CIS also confirmed the abuse!

Well that's what it appeared to be since the RFE I received did not ask for any more evidence of the abuse just other things. I obviously got it wrong since they sent a NOID.

Oh, ok, I get it now! You actually didn't receive any notification from the 'CIS' acknowledging anything, you just assumed it, based on the RFE?

[diadromous mermaid 36]

Proving mentally/emotional abuse is so hard. I'm not going to hold my hopes up. I'll probabably have to leave, if anything, through voluntary departure.

You have no idea what went on in my marriage and the abuse that both myself and my children endured. My attorney has 7 pages of it.

What happened? I thought I read somewhere when you said that the CIS also confirmed the abuse!

Well that's what it appeared to be since the RFE I received did not ask for any more evidence of the abuse just other things. I obviously got it wrong since they sent a NOID.

Oh, ok, I get it now! You actually didn't receive any notification from the 'CIS' acknowledging anything, you just assumed it, based on the RFE?

Once again, what I wrote earlier bears repeating. The denial would be contingent upon the alien not answering or failing to provide the information requested in the RFE. Please note that a NOID is distinct from an outright denial. A denial has not yet been made. In VAWA cases a NOID is a request for further evidence that would be needed to affirm the case pursuant to 8 CFR § 204.2©(3)(ii).

[Peggy 1]

Proving mentally/emotional abuse is so hard. I'm not going to hold my hopes up. I'll probabably have to leave, if anything, through voluntary departure.

You have no idea what went on in my marriage and the abuse that both myself and my children endured. My attorney has 7 pages of it.

What happened? I thought I read somewhere when you said that the CIS also confirmed the abuse!

Well that's what it appeared to be since the RFE I received did not ask for any more evidence of the abuse just other things. I obviously got it wrong since they sent a NOID.

Oh, ok, I get it now! You actually didn't receive any notification from the 'CIS' acknowledging anything, you just assumed it, based on the RFE?

Your just a complete A$s.

Sorry to hear this has happened Shona

[jasonbrus 0]

i sympathize with you shona. also want to say thank you for writing this to share with the board about your experience. Visajourney is a good site but some times, the information can be misleading in the sense that you mostly hear about "success stories" and "feel good stories" especially in cases like yours, involving separation, divorce and that you want to stay in the US. the story is almost one sided that "these kinds of petitions are approved all the time". this couldn't be further from the truth. i hold these people accountable for giving you only one sided information and not a balance information so that you could have made a different decision from the beginning. i also hold your attorney accountable as from the get go, he was just there to take your money and knew full well that the chance of you winning an approval is "near impossible".

i am trying to do my part here to present a balance information, that indeed cases like this were filed all the time but the chance of such cases being approved of is near impossible. too bad i was not here earlier for you. for this, i apologize on behalf of the board and myself.

[TracyTN 237]

i sympathize with you shona. also want to say thank you for writing this to share with the board about your experience. Visajourney is a good site but some times, the information can be misleading in the sense that you mostly hear about "success stories" and "feel good stories" especially in cases like yours, involving separation, divorce and that you want to stay in the US. the story is almost one sided that "these kinds of petitions are approved all the time". this couldn't be further from the truth. i hold these people accountable for giving you only one sided information and not a balance information so that you could have made a different decision from the beginning. i also hold your attorney accountable as from the get go, he was just there to take your money and knew full well that the chance of you winning an approval is "near impossible".

i am trying to do my part here to present a balance information, that indeed cases like this were filed all the time but the chance of such cases being approved of is near impossible. too bad i was not here earlier for you. for this, i apologize on behalf of the board and myself.

Pray tell, who are 'these' people?

I'd have to re-read Shona's other threads to be sure, but I can't remember anyone here telling her that she would 'for sure' be approved. In fact, rarely are people in the waiver threads that I've read EVER given just one side of the story. Seems like they get all sorts of replies - from positive to negative. Not to mention that they are often times told to find an immigration attorney (if they don't already have one).

Edited April 10, 2007 by TracyTN

[Lovetoteach 53]

i sympathize with you shona. also want to say thank you for writing this to share with the board about your experience. Visajourney is a good site but some times, the information can be misleading in the sense that you mostly hear about "success stories" and "feel good stories" especially in cases like yours, involving separation, divorce and that you want to stay in the US. the story is almost one sided that "these kinds of petitions are approved all the time". this couldn't be further from the truth. i hold these people accountable for giving you only one sided information and not a balance information so that you could have made a different decision from the beginning. i also hold your attorney accountable as from the get go, he was just there to take your money and knew full well that the chance of you winning an approval is "near impossible".

i am trying to do my part here to present a balance information, that indeed cases like this were filed all the time but the chance of such cases being approved of is near impossible. too bad i was not here earlier for you. for this, i apologize on behalf of the board and myself.

Thanks for your input but nobody needs to apologise about anything. I'm just unfortunate that I was one of those people who received a NOID. In fact the approval rates over certain years have ranged from about 75 to 85 %. The difficulty with my petition is that it is primarily mental/ pyschological abuse which is harder to prove.

In all honesty I have received a lot of support and kind words on VJ (except a certain person) and for that I am grateful.

Shona

[Donna A 4]

i cant remember ur whole story but i think u said ur husband had mental problems. cant ur lawyer supona (sorry for my spelling) his records from his doctor to help prove his mental state?

[diadromous mermaid 36]

i sympathize with you shona. also want to say thank you for writing this to share with the board about your experience. Visajourney is a good site but some times, the information can be misleading in the sense that you mostly hear about "success stories" and "feel good stories" especially in cases like yours, involving separation, divorce and that you want to stay in the US. the story is almost one sided that "these kinds of petitions are approved all the time". this couldn't be further from the truth. i hold these people accountable for giving you only one sided information and not a balance information so that you could have made a different decision from the beginning. i also hold your attorney accountable as from the get go, he was just there to take your money and knew full well that the chance of you winning an approval is "near impossible".

i am trying to do my part here to present a balance information, that indeed cases like this were filed all the time but the chance of such cases being approved of is near impossible. too bad i was not here earlier for you. for this, i apologize on behalf of the board and myself.

Thanks for your input but nobody needs to apologise about anything. I'm just unfortunate that I was one of those people who received a NOID. In fact the approval rates over certain years have ranged from about 75 to 85 %. The difficulty with my petition is that it is primarily mental/ pyschological abuse which is harder to prove.

In all honesty I have received a lot of support and kind words on VJ (except a certain person) and for that I am grateful.

Shona

I'm not so sure I'd be inclined to conclude that a case of emotional abuse is more difficult to prove. The whole essence of VAWA and the requisite relief available to aliens that have not completed the adjustment of status phase of the immigration process is so tightly related to the emotional hold or the perception of the alien that the USC holds the cards to an alien's future residency.

Of course, unless you are willing to share what the RFE actually asked for, that was in some way insufficient in your prima facie case, we can only speculate as to the reason the NOID has been issued. Get tough and creative. It's not over until the "fat lady sings"

[Lovetoteach 53]

i sympathize with you shona. also want to say thank you for writing this to share with the board about your experience. Visajourney is a good site but some times, the information can be misleading in the sense that you mostly hear about "success stories" and "feel good stories" especially in cases like yours, involving separation, divorce and that you want to stay in the US. the story is almost one sided that "these kinds of petitions are approved all the time". this couldn't be further from the truth. i hold these people accountable for giving you only one sided information and not a balance information so that you could have made a different decision from the beginning. i also hold your attorney accountable as from the get go, he was just there to take your money and knew full well that the chance of you winning an approval is "near impossible".

i am trying to do my part here to present a balance information, that indeed cases like this were filed all the time but the chance of such cases being approved of is near impossible. too bad i was not here earlier for you. for this, i apologize on behalf of the board and myself.

Thanks for your input but nobody needs to apologise about anything. I'm just unfortunate that I was one of those people who received a NOID. In fact the approval rates over certain years have ranged from about 75 to 85 %. The difficulty with my petition is that it is primarily mental/ pyschological abuse which is harder to prove.

In all honesty I have received a lot of support and kind words on VJ (except a certain person) and for that I am grateful.

Shona

I'm not so sure I'd be inclined to conclude that a case of emotional abuse is more difficult to prove. The whole essence of VAWA and the requisite relief available to aliens that have not completed the adjustment of status phase of the immigration process is so tightly related to the emotional hold or the perception of the alien that the USC holds the cards to an alien's future residency.

Of course, unless you are willing to share what the RFE actually asked for, that was in some way insufficient in your prima facie case, we can only speculate as to the reason the NOID has been issued. Get tough and creative. It's not over until the "fat lady sings"

In my RFE I received it asked for a copy of my divorce judgement, details about my removal hearing and details about my children. It did not ask me to send in anything evidential realating to the abuse.

When I received the NOID it said that ICE had investigated my case and it requested details regarding the abuse which i put in my affadavit. Most likely because my ex wrote to Immigration stating my marriage was fraudulent. However in my divorce decree he declared that our marriage was bone fide and valid

1 Police reports regarding two incidents. I stated I had reported my MIL to the police which I did but no formal report was made . Also I had a policeman come to my house after the threatening phone i receved. I also spoke to friend of mine who is a policeman about it.

2. It asked for copies of my PPO's (which I had already sent)

3.Harrasing e-mails from my ex of which I sent one already.

4.details of my hospital stay (of which i sent some but they requested more.)

5 Statement from my councellor as to the reason he thought I ended up in hospital. Which I have just obtained.

6. Details from my councellor about the abuse my MIL put me through. (included in the above obtained statement)

I utimately believed at the time when I received the RFE that evidence of my abuse had been sufficient as no evidence regarding was asked for.

Shona

[ivona 0]

Once again, what I wrote earlier bears repeating. The denial would be contingent upon the alien not answering or failing to provide the information requested in the RFE. Please note that a NOID is distinct from an outright denial. A denial has not yet been made. In VAWA cases a NOID is a request for further evidence that would be needed to affirm the case pursuant to 8 CFR § 204.2©(3)(ii).

Shona, I now this is devastating and I won't pretend like I know anything about VAWA but it seems like it's not over yet ... hang in there

[Ban Hammer 12,901]

Welcome to the jungle

It gets worse here everyday

Ya' learn ta live like an animal

In the jungle where we play

If you got a hunger for what you see

You'll take it eventually

You can have anything you want

But you better not take it from me

*holds up rock so you can crawl back underneath it*

you rock, karen

[Widge 0]

Shona I have only just seen this thread and offer you a big hug. We have been on VJ about the same time and arrived here in the States almost together each with high hopes and expectations for a bright and happy future for myself it has been a realisation of that dream (though never an easy journey) for you I am so very sorry that from the start it has been a nightmare which appears almost without end. MY only hope is that you dig deep and find one final ounce of strength to fight with everything you have to have the life you so deserve. As DM says it is NOT OVER till the fat lady sings (she isn't even humming yet) and as is also said the darkest hour is always just before the dawn. I cannot imagine what it would be life to be forced now to uproot and have to leave the life that has been ours for the last almost three years - although you have had many many miserable days and hours fight for the new happiness you have found and that bright future for you and your son. I pray this is just the final dark hurdle you will face and soon you will have all you have dreamed of or at least the right to lay down in peace at night .......... in true Brit style stick with the saying "don't let the buggers get you down" and fight for what is rightly yours. GOOD LUCK

Rosie

[Ban Hammer 12,901]

tomorrow is the day, shona. we'll all be waiting and praying for you