VAWA, Part 8

[Sandra G. 5,010]

RSJ you can file Vawa but you must attend the interview and ask the IO to put on hold your I-485.  If your wife withdraws the I-864 your AOS will be denied and then you have to file  a new I-485 along with your VAWA.

[Sandra G. 5,010]

GRAMERCY to apply for SSN you need to have a  work permit.

 

USCIS will not expedite the EAD just because you need to work.

[gramercy 141]

Hi Sandra,

 

Thanks:

I actually sent you a PM  before seeing your post.

 

Yes of course I do realize they won't simply expedite because I ask for it unless I show substantial financial loss.

I originally included a letter since I currently don't have any income & also added the documents showing my monthly expenses and legal fees & landlord dispute documents with court papers, causing financial loss... etc. 

Edited January 8, 2017 by gramercy

[justiceseeker 1]

On 1/5/2017 at 7:11 AM, justiceseeker said:

Thanks for your rapid response. Where can I find this post on naturalization? Can u plz send me the link

Sandranj,

Thanks for your rapid response. Where can I find this post on naturalization? Can u plz send me the link.

[sadness1 8]

Hellooo Everyone happy new year!

i thought i lost you all but i found out about this part 8.

well i filed vawa on april 2016 got rfe oct, sent rfe dec, so im waiting on my aproval.

i was able to file aos with it but i prefered not to.

my question is, can i filed for a EAD based only on my pending i-360???

and what i about advance parole?

Edited January 9, 2017 by sadness1

[Tortmaster 75]

I just filed January 5, 2017. I wish i had found this forum earlier before i filed, I have so much good information here. At least I can count on you all in case of RFEs. 

Quick question: my husband is currently incacerated on assault charges for beating up his (ex?)-girlfriend. On the form that asks until when did we reside together i put date of move-in to present. Will i get in trouble for that?His stuff is in our place so technicaly he still lives with me because when he gets out he will come home. I have been going crazy thinking maybe i should have put his date of incaceration as the last time we lived together?

[maria43 0]

Hello everybody, i am reposting my question hoping that i may get a answer.  I do appreciate all of you. I am in bad shape and I need assitance.

 

Hello everybody, I have a AOS i-485 denied because the USCIS thought our question/answers were not same. My attorney has filed a motion to re-open/re-consider, so my case is now pending. My husband have left me 3 months ago for another woman. He has been abusive since the time we got married. Harassed me, hit me, i have police report when I called the police one time. I have hospital record from when he hit me and broke my arm. I have affidavits from friends who knew the abuse, I have his recordings where he is calling me names, breaking things in the house, telling me that he will have me deported. I also have all the joint documents copies of our bills ect. I have decided to file for VAWA. 

 

I am in the process of getting my affidavits from my friends, do they have to be in a special manner? do they have to be notorized? is there any particular layout that they must be in. I dont know if I need a lawyer. But can any one recommend a lawyer in the Atlanta area? Thanks

[gramercy 141]

7 minutes ago, maria43 said:

Hello everybody, i am reposting my question hoping that i may get a answer.  I do appreciate all of you. I am in bad shape and I need assitance.

 

Hello everybody, I have a AOS i-485 denied because the USCIS thought our question/answers were not same. My attorney has filed a motion to re-open/re-consider, so my case is now pending. My husband have left me 3 months ago for another woman. He has been abusive since the time we got married. Harassed me, hit me, i have police report when I called the police one time. I have hospital record from when he hit me and broke my arm. I have affidavits from friends who knew the abuse, I have his recordings where he is calling me names, breaking things in the house, telling me that he will have me deported. I also have all the joint documents copies of our bills ect. I have decided to file for VAWA. 

 

I am in the process of getting my affidavits from my friends, do they have to be in a special manner? do they have to be notorized? is there any particular layout that they must be in. I dont know if I need a lawyer. But can any one recommend a lawyer in the Atlanta area? Thanks

Hello Maria43

According to what I learned from consultations Affidavits are not required to be notarized but it is recommended. Even though it's optional I strongly suggest it as it shows the source is legitimate when notarized.

Usually it's a statement of how the person knows you & your husband and describing in their own words the hardship they witnessed you go through as a result of your husband's abuse.

 

[rsj 0]

Hi sandranj,

Im in same sex marriage. Is vawa applicable for me? If my spouse go with on our interview and got denied or screwed me up like telling lies and got denied, can I file for vawa afterwards? 

 

Tnx, 

Rsj

[gramercy 141]

7 hours ago, rsj said:

Hi sandranj,

Im in same sex marriage. Is vawa applicable for me? If my spouse go with on our interview and got denied or screwed me up like telling lies and got denied, can I file for vawa afterwards? 

 

Tnx, 

Rsj

RSJ

Sandranj knows better than most of us for sure..

I think if you're legally married you qualify as a "spouse" regardless or orientation. I haven't seen any written restrictions regarding eligibility for same sex marriage! that being said VAWA is victims of abuse; Not every marital dispute is considered to be an abusive one unless there is a proven case of severe hardship due to extreme cruelty or violence to support your petition.

 

 

[rsj 0]

Hi Gramercy. Tnx for taking time. I also thought it was just a case marital dispute. But it wasn't. Me and my child have been suffering on her whims and wants and strikes a threat of this petition she filed for us as a weapon to attack me or make me feel inferior in whatever way she can. Physically yes. Verbal mental emotional financial. Almost all elements are present and one of the effects is making us sneak for food and eat in my child's room coz my child is already scared and sometimes awkward to be with her even during mealtime.she would never offer to eat so we eat after she's done. She has habitual yelling and easily irritated at the pettiest stuff. I'm just tired of making amends and making me look I'm begging for her papers for us. And literally yes, she makes me ask already for the quarters for laundry because she just did her own laundry and changed quarters just exactly on the amount of her load to wash! These are just one of the many instances. 

I appreciate anybody here who could give input if it helps to add that my spouse has been taking anti depressants which I did not know about. So whenever she doesn't take these meds I am the easiest target of her outburts. Do you think I can add that taking meds triggers her abuse to us? 

 

[Ms.Green 30]

rsj,

 

It does not matter if it is a heterosexual or homosexual marage. Men can file for VAWA as well. As long as you are in an abusive marriage you can file and hope for the best. There are never any guarantees you will get approved.

 

I have researched alot about VAWA after filing it to kind of get some kind of confidence in the outcome.

 

You qualify if you:

 

- have proof of the abuse (police reports, 911 calls, affidavits, pictures, texts, emails anything you have)

- can prove that this was a bonified marriage (marriage certificate, wedding pictures, affidavits, photos and etc)

- can prove that you resided together (bills with your names, joint bank accounts, mortgage and etc)

- proof that you are a person of good moral character (affidavits, proof from the fbi or police of a clean record, volunteering and etc)

 

One of the most important things you need to include is your story. Start with how you fell for one another and the good times you had. Explain when the abuse started. Go into detail and do not lie.

 

Mind you I am still waiting on my approvals, but that is what I included. And I feel pretty confident since there is nothing I could add at this point.

 

I wish you and your baby good luck!

 

 

[Ms.Green 30]

Hope it helps!

Edited January 10, 2017 by Ms.Green

[rsj 0]

Ms Green, would u kindly share what kinds of abuse u had?

Did u have a lawyer?

Did u have a pending aos too?

When did u file?

How many months or years u suffered before u filed for 360?

Were u able to get police clearance? Seems hard coz the police in my area doesn't know about it. 

I'm afraid. Scared. Intimidated with the major step I'm about to make. I still love my spouse. Everything seems overwhelming at this point. I can't imagine the fact that she is able to do all these things to me when she professed how much she loves me and promised to take care of me. I feel more worse than a slave because when I'm sick she all she says is go to the doctor. When I'm fit she sex me up or sometimes even when I'm sick. Can u relate to the feeling that I only feel my worth now when she sex me up but at the same time I hate her or myself because I feel she's enjoying such power that makes me feel too weak. 

[rsj 0]

Ms Green how did u submit 911 calls? I did not have police reports bec I dont want her arrested. But she grabbed me one time and threw me to bed when I was blocking the door and tried to stop her from leaving me again after telling me that she wont file petition anymore and just overstay. Can I just report but no arrest?