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bigjailerman

Possible VAWA , weird situation looking for advice

By bigjailerman in Effects of Major Family Changes on Immigration Benefits

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bigjailerman Proficient

bigjailerman   318

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted (edited)

Hi there, I havent been on for a while but an issue came up with a friend of the family.

 

My wife's friend that she met in an advanced English class this year found out this ongoing information and we are trying to help of possible. This site is tremendously helpful so any information is appreciated. 

 

OK here it goes.. They were married in Colombia legally in the beginning of 2017. The man is a Colombian who is/has already been a US Citizen an living in the USA, actually in Pa. The woman is a Colombian citizen who has previously and currently holds a tourist visa. In Colombia she was a licensed dentist fyi. After they were married, he visited several times over the year while they were married. In September of this year, she traveled to the US and of course moved in with her husband. They filed an i485 under the classification of 201B INA Spouse of USC and a Work permit in September of this year. She had her fingerprints already.

Now the bad stuff kicks in. Evidently he doesnt like being married to her for some reason and started verbally abusing her. Then he decided to only give her 18 dollars a week (dont know the rason of the odd amount) while she is attending school which requires bus rides to and from, lunch, incidentals etc. He doesn't take her shopping for cold weather clothes, he does bring food home.

Now he said a couple of weeks ago he is bored and told her she has to leave the house. He won't respond to any questions she presents him. Now a few days ago he wants her out because he cant afford the rent. (He is a licensed employed engineer)Took her phone away. He says he wont give $$ to allow her to fly back Colombia. He is getting more aggressive. She stays in her bedroom alone. The spouse did find out from his mother that he is bipolar and refuses to take prescribed meds. These are pretty much the broad strokes so I have a bunch of questions obviously that are from me and from her as well.

Honestly  I never met the man but I know the woman. She still tries to care for him, cooking, cleaning, etc. I know she hopes he will change but I'm pretty sure that isn't going to happen.

 

Her tourist stay has now expired a few days ago but the application is in in far advance of the expiration date

 

Is she protected any way as a spouse to get kicked out of the married home with the recent situation, she cant work yet, has no family or close family here?

Is her legally bound to support her?

If she can go back to Colombia on her own, evidently the Green Card application goes away but will she automatically loose the  tourist visa?

Did even coming here on a tourist visa screw this whole thing up?

Can the husband cancel the application if she doesnt agree?

If he can, can she apply on her own due to circumstances? (Form i360?)

Will pursuing VAWA help her in any way.

 

Solutions, ideas, real advice is appreciated.

Edited by bigjailerman

 

 

K1 Journey Begins

 

NOA1 on March 3, 2016

NOA2 on May 26, 2016

NVC Rcvd Case June 13, 2016

NVC Case and Rcpt # June 16, 2016

Case to Embassy June 16, 2016

Case Ready at Embassy June 20, 2016

Lab July 8 for minor and July 11, 2016 for Fiance

Medical July 11, 2016

Biometrics ACS July 12, 2016

Interview Approved July 14, 2016

Visa Issued via DHL July 16

Visa Arrived July 1

POE September 23, 2016 JFK

Marriage !!!!!!!!!!!! September 30, 2016

 

Next Step AOS..........

  • November 12, 2016 - Express mail to Chicago Lockbox
  • December 5, 2016 - Electronic Notifiaction for AOS, rcvd 11/15
  • December 11, 2016 - NOA1 for EAD, 765 and 485, also accepted fingerprint fee.
  • December 28, 2016 - Biometrics
  • February 14 - EAD  & Advanced Parole Approved and being mailed. 
  • May 4 2017. Approved without interview, Card being Produced
  • May 7, 2017 recvd approval for i485
  • May 10 2017 rcvd Green Cards in mail.!!
  • Next step in 20 months to remove conditions.

 

Removal of Conditions Begins by end of first week of February

 

  • February 5, 2019   - Printing package;
  • February 11, 2019 - ROC package mailed;
  • February 13, 2019 - Package delivered to Dallas Tx;
  • February 15, 2019 - Credit Card Charged;
  • February 19, 2019 - Electronic Notification Rec'd, Case Location LIN - Nebraska;
  • February 21, 2019 - Received NOA with 18 month extension for wife ONLY, not 14yo dependent who is on application;
  • March 12, 2019      - Notified USCIS that we never rcvd i797 for 14 yo minor, they provided a case # and submitted a Svc Request
  • May 2.2019             -  No forward motion, we called again and despite there was an officer assigned to this service request nothing happened/ no extension. We filed an InfoPass and have an appointment for Monday 6th for passport stamp.
  • May 6, 2019 - Attended InfoPass appointment in Philadelphia local USCIS local office for 930. This was for a never rcvd 797 for our 14yo dependent. Arrived 9:15, not crowded at all. No extra photos or fingerprint taken. We were in the car (lots of parking available) at 945. Pleasant female officer, she updated and checked for no changes. Stamped passport, explained is valid for 1 year. The took the green card which expired 5/4/19. No issues or problems.. I asked about the non receipt and she said it's pretty common.. 
  • August 23 - Biometrics NOA, scheduled for 9/3 @1pm
  • September 3 - Biometrics
  • September 4 -Fingerprint Review was completed
  • January 8 - ROC, Card Being Processed, Citizenship is next!
  • January 15 2020  - Cards Delivered

 

N400 Citizenship :)

 

  • November 28, 2020     - N400 Filed online and paid via CC
  • November 28, 2020     - NOA received electronically

 

Ontarkie Grand Master

Ontarkie   14,282

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to Effects of Major Family Changes, from  Bringing Family of PR - As similar threads are discussed here.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

bigjailerman Proficient

bigjailerman   318

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
  • Author
Posted

OK thank you

 

 

K1 Journey Begins

 

NOA1 on March 3, 2016

NOA2 on May 26, 2016

NVC Rcvd Case June 13, 2016

NVC Case and Rcpt # June 16, 2016

Case to Embassy June 16, 2016

Case Ready at Embassy June 20, 2016

Lab July 8 for minor and July 11, 2016 for Fiance

Medical July 11, 2016

Biometrics ACS July 12, 2016

Interview Approved July 14, 2016

Visa Issued via DHL July 16

Visa Arrived July 1

POE September 23, 2016 JFK

Marriage !!!!!!!!!!!! September 30, 2016

 

Next Step AOS..........

  • November 12, 2016 - Express mail to Chicago Lockbox
  • December 5, 2016 - Electronic Notifiaction for AOS, rcvd 11/15
  • December 11, 2016 - NOA1 for EAD, 765 and 485, also accepted fingerprint fee.
  • December 28, 2016 - Biometrics
  • February 14 - EAD  & Advanced Parole Approved and being mailed. 
  • May 4 2017. Approved without interview, Card being Produced
  • May 7, 2017 recvd approval for i485
  • May 10 2017 rcvd Green Cards in mail.!!
  • Next step in 20 months to remove conditions.

 

Removal of Conditions Begins by end of first week of February

 

  • February 5, 2019   - Printing package;
  • February 11, 2019 - ROC package mailed;
  • February 13, 2019 - Package delivered to Dallas Tx;
  • February 15, 2019 - Credit Card Charged;
  • February 19, 2019 - Electronic Notification Rec'd, Case Location LIN - Nebraska;
  • February 21, 2019 - Received NOA with 18 month extension for wife ONLY, not 14yo dependent who is on application;
  • March 12, 2019      - Notified USCIS that we never rcvd i797 for 14 yo minor, they provided a case # and submitted a Svc Request
  • May 2.2019             -  No forward motion, we called again and despite there was an officer assigned to this service request nothing happened/ no extension. We filed an InfoPass and have an appointment for Monday 6th for passport stamp.
  • May 6, 2019 - Attended InfoPass appointment in Philadelphia local USCIS local office for 930. This was for a never rcvd 797 for our 14yo dependent. Arrived 9:15, not crowded at all. No extra photos or fingerprint taken. We were in the car (lots of parking available) at 945. Pleasant female officer, she updated and checked for no changes. Stamped passport, explained is valid for 1 year. The took the green card which expired 5/4/19. No issues or problems.. I asked about the non receipt and she said it's pretty common.. 
  • August 23 - Biometrics NOA, scheduled for 9/3 @1pm
  • September 3 - Biometrics
  • September 4 -Fingerprint Review was completed
  • January 8 - ROC, Card Being Processed, Citizenship is next!
  • January 15 2020  - Cards Delivered

 

N400 Citizenship :)

 

  • November 28, 2020     - N400 Filed online and paid via CC
  • November 28, 2020     - NOA received electronically

 

Sandra G. Veteran

Sandra G.   5,051

Posted
Filed: Other Country: Brazil
 Timeline
Posted


I assume they live in NY and in NY her  spouse  cannot kick her out  of the house prior to the divorce without an order of exclusive occupancy . He   can file a motion for exclusive occupancy/possession and once granted the Court will order her To vacate the home. 


 

She can ask for provisory maintenance when the divorce is pending. Her husband can withdrawn anytime form I-864 and I-130.

 

 



ssible to get some temporary relief, 

 

 

 

bigjailerman Proficient

bigjailerman   318

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
  • Author
Posted

Thanks for your response... Actually they are in Pennsylvania I need to check on the status as you pointed out.

 

 

K1 Journey Begins

 

NOA1 on March 3, 2016

NOA2 on May 26, 2016

NVC Rcvd Case June 13, 2016

NVC Case and Rcpt # June 16, 2016

Case to Embassy June 16, 2016

Case Ready at Embassy June 20, 2016

Lab July 8 for minor and July 11, 2016 for Fiance

Medical July 11, 2016

Biometrics ACS July 12, 2016

Interview Approved July 14, 2016

Visa Issued via DHL July 16

Visa Arrived July 1

POE September 23, 2016 JFK

Marriage !!!!!!!!!!!! September 30, 2016

 

Next Step AOS..........

  • November 12, 2016 - Express mail to Chicago Lockbox
  • December 5, 2016 - Electronic Notifiaction for AOS, rcvd 11/15
  • December 11, 2016 - NOA1 for EAD, 765 and 485, also accepted fingerprint fee.
  • December 28, 2016 - Biometrics
  • February 14 - EAD  & Advanced Parole Approved and being mailed. 
  • May 4 2017. Approved without interview, Card being Produced
  • May 7, 2017 recvd approval for i485
  • May 10 2017 rcvd Green Cards in mail.!!
  • Next step in 20 months to remove conditions.

 

Removal of Conditions Begins by end of first week of February

 

  • February 5, 2019   - Printing package;
  • February 11, 2019 - ROC package mailed;
  • February 13, 2019 - Package delivered to Dallas Tx;
  • February 15, 2019 - Credit Card Charged;
  • February 19, 2019 - Electronic Notification Rec'd, Case Location LIN - Nebraska;
  • February 21, 2019 - Received NOA with 18 month extension for wife ONLY, not 14yo dependent who is on application;
  • March 12, 2019      - Notified USCIS that we never rcvd i797 for 14 yo minor, they provided a case # and submitted a Svc Request
  • May 2.2019             -  No forward motion, we called again and despite there was an officer assigned to this service request nothing happened/ no extension. We filed an InfoPass and have an appointment for Monday 6th for passport stamp.
  • May 6, 2019 - Attended InfoPass appointment in Philadelphia local USCIS local office for 930. This was for a never rcvd 797 for our 14yo dependent. Arrived 9:15, not crowded at all. No extra photos or fingerprint taken. We were in the car (lots of parking available) at 945. Pleasant female officer, she updated and checked for no changes. Stamped passport, explained is valid for 1 year. The took the green card which expired 5/4/19. No issues or problems.. I asked about the non receipt and she said it's pretty common.. 
  • August 23 - Biometrics NOA, scheduled for 9/3 @1pm
  • September 3 - Biometrics
  • September 4 -Fingerprint Review was completed
  • January 8 - ROC, Card Being Processed, Citizenship is next!
  • January 15 2020  - Cards Delivered

 

N400 Citizenship :)

 

  • November 28, 2020     - N400 Filed online and paid via CC
  • November 28, 2020     - NOA received electronically

 

 
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