VAWA, Part 8

[survivor1 29]

7 hours ago, sandranj said:

I am going briefly to explain what happens if you file VAWA/AOS and leave /reenter the Country with AP  and you leave and try to reenter as a widow.

 

VAWA : If you file VAWA/AOS and leave/reenter with AP you will not accrue unlawful presence.

 

I-360(widow)- The Immigration Law defines the Duration of Stay (D/S the period you can stay as long you are enrolled as a full-time student in an educational program at an approved school and complying with all the terms of your status. But the Immigration Law is clear when states" If you have complied with all the terms and conditions of your status".  But a nonimmigrant admitted for D/S will be considered an overstay just if an immigration judge finds in the course of removal proceedings that the individual has violated status; or if USCIS during adjudication of an application for an immigration benefit decides that a violation of status occurred. You overstayed and if you leave and later on you decide to file for an immigration benefit your petition might be approved but the US.Consulate abroad will not issue the Immigrant visa for you considering that you did not comply with all the terms and conditions of your  F1 status.

 

Regarding your personal questions to stay or to leave, if you are living or just surviving I believe is a question that just you can answer. I love this Country with all my heart and I can't picture myself living in my home Country(Brazil) ever again. You will go nowhere by blaming the U.S for your spouse death. You see as the U.S "killed" him but  I see on a daily basis how this Country is changing people lives. In  2016 the U.S resettled 84,994 refugees. Every year this Country grants thousands of petitions for victims of human traffic and for victims of criminal activity. Millions of dollars are provided every year for several programs such as Medicaid, Medicare etc. Nicaragua is the poorest country in Central America.The GDP (PPP) per capita in Nicaragua is $ 5,452 and the U.S 57,436 . Every year  12.000/14.000 VAWA petitions are approved in the U.S and men/women have their lives transformed because of this. Sometimes we have to let go of the life that we planned.  The difference between you and the person living the dream is the amount of action that each one put into action. I truly believe that we don't  get what we wish for, we don't get what you hope, we get what we believe. What do you believe?

 

Quoting the philosopher Sartre: "Freedom is what you do with what's been done to you". 

 

No matter what life did to you but what did you do with it?

 

 

 

 

Well said Sandra! 

[Imani 105]

Well it seems I have been overlooked, so I would just copy and paste until I get some sort of reply.

 

So I was having a normal day and just casually asked a friend of mine how is his cousin because I havent seen or heard of her in a while.  He proceeds to tell me she ran away to Canada.  She is married to her US Citizen husband for over 10 years and he never filed for her.  What can she do?  

Should she get an immigration lawyer?  Can anything be done since she is no longer in USA?  I don't know all the details.

[Sandra G. 5,023]

48 minutes ago, Nipperswife said:

Well it seems I have been overlooked, so I would just copy and paste until I get some sort of reply.

 

So I was having a normal day and just casually asked a friend of mine how is his cousin because I havent seen or heard of her in a while.  He proceeds to tell me she ran away to Canada.  She is married to her US Citizen husband for over 10 years and he never filed for her.  What can she do?  

Should she get an immigration lawyer?  Can anything be done since she is no longer in USA?  I don't know all the details.

You mentioned that your friend's husband never sponsored her for the GC, you did not mention that she suffered any abuse then it was her decision to stay and to leave. Without abuse, there is no ground for VAWA.  If she was mentally or  physically abused then she still can file VAWA living abroad.

Edited July 28, 2017 by sandranj

[Imani 105]

3 hours ago, sandranj said:

You mentioned that your friend's husband never sponsored her for the GC, you did not mention that she suffered any abuse then it was her decision to stay and to leave. Without abuse, there is no ground for VAWA.  If she was mentally or  physically abused then she still can file VAWA living abroad.

well she ran away because of abuse, and that she is scared of him.. they also mentioned that she has been scared to divorce.. sorry... that i know... and she is married to him over 10 years.. when he told me this I was like WHATTTT.. I knew of the I-360 and I looked it up ... but i dont think she qualifies because she is no longer in usa right?  Sadly, from what I understand she still loves him and does not want a divorce.. other than the VAWA what other route if any can she take?

[aquila 219]

2 hours ago, Nipperswife said:

well she ran away because of abuse, and that she is scared of him.. they also mentioned that she has been scared to divorce.. sorry... that i know... and she is married to him over 10 years.. when he told me this I was like WHATTTT.. I knew of the I-360 and I looked it up ... but i dont think she qualifies because she is no longer in usa right?  Sadly, from what I understand she still loves him and does not want a divorce.. other than the VAWA what other route if any can she take?

1. Married to her husband over 10 years

2. Left to Canada because of her abusive husband

3. Scared to divorce because she still loves her husband. Then what obviously does she want. If she still loves her abusive husband then why did she leave to Canada. In my opinion she needs to set priorities straight out and make her mind clear. Abuse is abuse and no one can convince anyone whether it's enjoyable suffering it or not.

 

If she has enough evidence yes can still apply for vawa even in Canada.

 

She can divorce him at anytime and apply for vawa within 2years from the divorce but shouldn't make the mistake of going back to be with him if she applies and gets approved under vawa.

They will find out and she might not like the outcome.

[Imani 105]

32 minutes ago, aquila said:

1. Married to her husband over 10 years

2. Left to Canada because of her abusive husband

3. Scared to divorce because she still loves her husband. Then what obviously does she want. If she still loves her abusive husband then why did she leave to Canada. In my opinion she needs to set priorities straight out and make her mind clear. Abuse is abuse and no one can convince anyone whether it's enjoyable suffering it or not.

 

If she has enough evidence yes can still apply for vawa even in Canada.

 

She can divorce him at anytime and apply for vawa within 2years from the divorce but shouldn't make the mistake of going back to be with him if she applies and gets approved under vawa.

They will find out and she might not like the outcome.

Thanks for your response.  

Yea why people still love their abuser is beyond me  

I do appreciate your response, however.

[fromthewater 11]

I have a question.

 

For someone who is already on a 2-year conditional green card, can they still file for VAWA?

I know you are supposed to file I-751 self-petition, and there is an option of Domestic Violence.

 

So are they the same things when you already on a conditional GC? Or they are different, if so, can you file for both?

[rumzair09 5]

I applied I-360 in march 2016.

Finger prints april 14th

RFE mailed  june, 25th

Approved  December 2nd

 nbc transferred dec, 20

RFE submit  nbc Jan,25th

Interview latter recevied In  mid March

Interview first week of april

RFE received after interview 

Submit  july, 17th 

I-485 approved July 21

Card produced July 21

Card mailed July 25th 

Card in hand July 28th

 

 

 

 

 

 

 

Edited July 29, 2017 by rumzair09

[prayandbelieve 27]

@rumzair09: congratulations, i hope u the best on the start of a new journey!

[NICOLA2017 82]

54 minutes ago, rumzair09 said:

I applied I-360 in march 2016.

Finger prints april 14th

RFE mailed  june, 25th

Approved  December 2nd

 nbc transferred dec, 20

RFE submit  nbc Jan,25th

Interview latter recevied In  mid March

Interview first week of april

RFE received after interview 

Submit  july, 17th 

I-485 approved July 21

Card produced July 21

Card mailed July 25th 

Card in hand July 28th

 

 

 

 

 

 

 

Congratulations....Which state are you in? 

Approval.was fast.

[rumzair09 5]

2 minutes ago, NICOLA2017 said:

Congratulations....Which state are you in? 

Approval.was fast.

New Jersey

[NICOLA2017 82]

Oh wow ..so I guess NYC is the backed up place for everything..yet still my lawyer telling me new jersey is not immigrant friendly 

[gramercy 141]

5 minutes ago, NICOLA2017 said:

Oh wow ..so I guess NYC is the backed up place for everything..yet still my lawyer telling me new jersey is not immigrant friendly 

You're scaring yourself according to@rumzair09's post her vawa took about 8 months then nearly another 8 months for AOS.

All vawa cases are handled by Vermont regardless where you live.

Yes NY & CA are more immigrant friendly than most

 

[gramercy 141]

1 hour ago, rumzair09 said:

I applied I-360 in march 2016.

Finger prints april 14th

RFE mailed  june, 25th

Approved  December 2nd

 nbc transferred dec, 20

RFE submit  nbc Jan,25th

Interview latter recevied In  mid March

Interview first week of april

RFE received after interview 

Submit  july, 17th 

I-485 approved July 21

Card produced July 21

Card mailed July 25th 

Card in hand July 28th

 

 

 

 

 

 

 

Congratulations; thank you for sharing your journey xx

[rumzair09 5]

4 minutes ago, gramercy said:

You're scaring yourself according to@rumzair09's post her vawa took about 8 months then nearly another 8 months for AOS.

All vawa cases are handled by Vermont regardless where you live.

Yes NY & CA are more immigrant friendly than most

 

My case took long because of RFEs.