I-485 DENIED

[Pinkbutterfly1988 1]

@DAMARA

i talked to my aunt like twice a week. i hide all the stuff from her since then and i finally told her about 4 months ago. everytime we talked she getting to know more of my situation. she felt bad on me and my son, but she won't help me or like let me stayed her house until i get my paperwork fixed , i guess she just dont wanna get in trouble too,. like i tell her everything pretty much wats going on in this house, and i told her , u believe me or not its up to u, but i am being honest ( we always dont know wats the other side of the story right?) but lets just say this my 4 yr old son, know pretty much all " , and #######" words,, thats pretty bad... i couldn't help it but to argue with him all the time cause i want him to be clean and all he wants to blow money left and right which we dont have at all.. and if we argue name calling is number one like " ignorant" , b word dumb mfckr,, i grew up from the other country , i never heard this words till i got here.. i learned it from him,, and in my mind, in order for me to fight back with him and atleast being tough and strong i need to be a little b*** too.. actually i have video from him calling me a "asian ***" .. and i kept that incase something happen on me or him.. i will try to msg her (sandra)hopefully someone can lead me to the right road here...

i been thinking to go to VAWA, but i wouldn't jump unless i know for a fact they can help me, my partner is an addict , 90% lots of people gonna think he is a no good ( which i think really) but i been really thinking he can still be a good guy and be 100% clean but right now i think i need to worry about myself and my son before anybody else... i won't jump in a pool trying to save someone from drowning if i dont even know how to swim.. i just feel bad sometimes cause i know he can be a good guy if he is just 100% clean.. but its 50-50 .. its hard to argue this kind of people. and especially i didnt grew up in here. we grew up different culture and tradition,. but i tried to listen and understand.. its just hard

[Pinkbutterfly1988 1]

i hate to do it, i dont want him to get in trouble but hopefully he won't,, i wanna do it for my son atleast,. i have a close friend that would really tell 100% everything weither good or bad on my side.. she knows the heck i've been through,

[MeAlone 158]

Sorry to hear about your situation OP... it sounds really, really difficult. A lot of well meaning people are telling you must leave for your safety, or for your child's well-being, but it is important to remember that you may not have legal immigration status if you leave him (or if you stay with him, if he continues not to want to adjust your status). Having a mother who is "underground" or deported may also be less than healthy for your son. I would second the people telling you to talk to an attorney or any agency that offers aid to immigrants, to get even more of an idea of resources and options available to you. Best of luck!

everybody here is talking and advising about VAWA and I second that. She can fix her legal status through VAWA and to take care of her son.

Tasha

[dawning 212]

everybody here is talking and advising about VAWA and I second that. She can fix her legal status through VAWA and to take care of her son.

Tasha

Actually several posters have pointed out that VAWA isn't necessarily easy, especially for someone with limited proof of abuse (no police reports, et cetera). And we have a new president who has talked about wanting to deport all illegal/undocumented aliens. So all I am saying is she may need to be cautious and weigh her options carefully. If she is deported she may never see her son again, and who knows who might end up taking care of him. But it does sound like she is getting some good advice about possibilities, and I hope it works out well for her and her son.

[EM_Vandaveer 2,368]

I agree with Damara. I also think the photos would help even though you have no police report going this route

of emotional abuse.

I think photos do help as long as OP's face AND the injury is on the same photo. I'm not sure that photos alone would be enough proof for the physical abuse, OP should explore the emotional abuse angle as well.

I know one thing: OP's husband being a drug addict is NOT on its own, enough to qualify for VAWA.

[MeAlone 158]

Having her with no documents for so long, it's enough to qualify for VAWA, it's a modern slavery and abuse, she needs a lawyer

[Pinkbutterfly1988 1]

to all who commented:

u think vawa will help me to get through all my paperwork? someone said they will help me to get back on my feet.. till i can support on my own and my son.. i mean all i got to prove right now is my driver's license. which i am worried about cause it will expire on 2017 . i dont know if i can renew my license since i dont have no green card to prove.. or even work permit, nothing at all..

i know its been 5 yrs. i will be 6 yrs here on march 2017 and its been a hell for me. i even left philippines cause my dad is an addict too. atleast i get away from that kind of people, no luck, i got here with the same situation only thing he is my son's dad.. i am planning to leave here by the end of the year. or atleast by jan.. (wish me luck) i am just tired, like right now my husband's ex has a heroin problem too, and they trying to get here back (clean) again,, and back in my mind, ( #######, he can't even be clean 100% and here he is trying to be " captain save a h0e" ) so i really made my mind to leave just the matter of time) he won't be clean and atleast do my paper work right..

[EM_Vandaveer 2,368]

to all who commented:

u think vawa will help me to get through all my paperwork? someone said they will help me to get back on my feet.. till i can support on my own and my son.. i mean all i got to prove right now is my driver's license. which i am worried about cause it will expire on 2017 . i dont know if i can renew my license since i dont have no green card to prove.. or even work permit, nothing at all..

i know its been 5 yrs. i will be 6 yrs here on march 2017 and its been a hell for me. i even left philippines cause my dad is an addict too. atleast i get away from that kind of people, no luck, i got here with the same situation only thing he is my son's dad.. i am planning to leave here by the end of the year. or atleast by jan.. (wish me luck) i am just tired, like right now my husband's ex has a heroin problem too, and they trying to get here back (clean) again,, and back in my mind, ( #######, he can't even be clean 100% and here he is trying to be " captain save a h0e" ) so i really made my mind to leave just the matter of time) he won't be clean and atleast do my paper work right..

VAWA is NOT the same as a shelter for victims of domestic violence. Such a shelter will help you get back on your feet and they may have some resources or connections to pro bono lawyers to help with filing VAWA.

That said VAWA is a petition filed with USCIS based on abuse perpetrated on you by your USC husband. The goal of VAWA filing ultimately is to get you a GC.

Please PM user Sandranj here on VJ. She is very experienced in VAWA cases.

Also, ask questions in this thread, so you can see your chances of getting VAWA approved:

http://www.visajourney.com/forums/topic/579084-vawa-part-7/page-67

[EM_Vandaveer 2,368]

Having her with no documents for so long, it's enough to qualify for VAWA, it's a modern slavery and abuse, she needs a lawyer

I highly doubt that that circumstance ON ITS OWN would make OP qualify for VAWA. As part of a pattern of abuse, sure, it's possible.

[MeAlone 158]

I highly doubt that that circumstance ON ITS OWN would make OP qualify for VAWA. As part of a pattern of abuse, sure, it's possible.

Whatever you believe, my friend, your opinion is your opinion, I respect that

Tasha

[EM_Vandaveer 2,368]

Whatever you believe, my friend, your opinion is your opinion, I respect that

Tasha

Sure it's my opinion, but it's based on such experts' opinion like Sandranj.

Neither a drug-addict spouse nor the not filing of AOS are in themselves grounds for filing VAWA. Combined with other circumstances and patterns of abuse (like OP's case seems to have more than these two things), sure, one has a shot at getting VAWA approved.

Often on VJ suspicious USC spouses post about delaying filing for AOS after their foreign fiance(e) enters on a K-1and they get married.

This, on its own does not mean that all those foreign spouses would be approved if they filed for VAWA.

Not to mention that in any VAWA filing, bona fide marriage needs to be proven by evidence. There were some cases where the abused spouse had children in common with the abuser and still the VAWA was denied based on not enough proof of bona fide marriage.

So to say that simply by not having had her AOS filed, OP has an easily approvable VAWA case is dangerous advice.

Edited December 11, 2016 by EM_Vandaveer

[MeAlone 158]

Sure it's my opinion, but it's based on such experts' opinion like Sandranj.

Neither a drug-addict spouse nor the not filing of AOS are in themselves grounds for filing VAWA. Combined with other circumstances and patterns of abuse (like OP's case seems to have more than these two things), sure, one has a shot at getting VAWA approved.

Often on VJ suspicious USC spouses post about delaying filing for AOS after their foreign fiance(e) enters on a K-1and they get married.

This, on its own does not mean that all those foreign spouses would be approved if they filed for VAWA.

Not to mention that in any VAWA filing, bona fide marriage needs to be proven by evidence. There were some cases where the abused spouse had children in common with the abuser and still the VAWA was denied based on not enough proof of bona fide marriage.

So to say that simply by not having had her AOS filed, OP has an easily approvable VAWA case is dangerous advice.

Never said easily, never said approvable, I said it's a case for VAWA and get the lawyer

Tasha

[TBoneTX 43,043]

A bickering post has been removed.