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callherdi

VAWA I don't know what to do

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I came to united states 2017 with my Husband who was during that time a Member of the Armed Forces. I met him 2015, we got married and lived together for almost 2 years in Germany.I'm a German citizen. initially i didn't want to come to the united states because of his anger issues i was scared it was going to get worst and he would've had much power and control over me, since i don't have close family members in the US, but after a long conversation and long thinking i didn't want to give my marriage up neither my Husband so i gave us the benefit of the doubt to work on our issues. Whenever we got to his new duty station, Washington, he started with his aggressive behavior over again, even worst! Everytime i didn't do what he wanted me to do, he threated me with immigration and how he was going to kick me out. his new duty station didn't make it better. He used to gamble the money my parents was supporting me with and his money since we had a joint bank account, up to the point where we didn't had no food in the house and i had to beg neighbors and friends for help. He used to get mad and upset with me about this and used to hit me and mistreat me. He eventually after me overstaying my visitor visa and after begging him to please help me get a status so i can work and support both of us too, he applied for my Immigration paperwork.

 

Notice Date for Biometrics: August, 22 2017

Receipt: September, 11th 2017

- I130

-I765

-I131

-I485

Biometric Appointment: October, 3rd 2017

Notice of Action: December, 23rd 2017

-I131 

-I765

Notice of Decision: January, 9th 2018

-I485 Denied.

 

Due to his abuse my Neighbor called the Police on the 19th of November 2017, my Husband had punched me a blue eye. He left the Apartment and at the same time my Neighbor brought me to the Hospital. It was a medical and Police Report Issued, he got charged with Aggravated Assault 3rd Degree. 2 weeks after that he withdrawl his petition saying that i commited fraud and i only was married to him to get a Green Card. He's case is still pending till this day. We tried to work it out after all that happen again, but then he put his hands on me again and i had to leave the apartment ever since i've been staying with a close friend. He filed for a 

Divorce: July, 31st 2018

Served Civil Summons: July, 31st 2018

Final Divorce Hearing : October, 1st 2018

 

Now I'm trying to figure out if the VAWA Petition would be the best solution for me? I'm really going crazy, because i overstayed my this entire time, I'm scared that if i go back home i would have big to face consequences and I feel sorry for everybody  in a situation like, feeling this helpless and hopeless can have you fall into depression. Can someone please help me and give me advice.

 

 

 

 

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Thread is moved to the Effects of Major Changes forum, to be among other VAWA threads.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Someone will eventually reply.  Please don't start any more threads -- wait for answers in this one.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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On 10/1/2018 at 11:53 AM, callherdi said:

I came to united states 2017 with my Husband who was during that time a Member of the Armed Forces. I met him 2015, we got married and lived together for almost 2 years in Germany.I'm a German citizen. initially i didn't want to come to the united states because of his anger issues i was scared it was going to get worst and he would've had much power and control over me, since i don't have close family members in the US, but after a long conversation and long thinking i didn't want to give my marriage up neither my Husband so i gave us the benefit of the doubt to work on our issues. Whenever we got to his new duty station, Washington, he started with his aggressive behavior over again, even worst! Everytime i didn't do what he wanted me to do, he threated me with immigration and how he was going to kick me out. his new duty station didn't make it better. He used to gamble the money my parents was supporting me with and his money since we had a joint bank account, up to the point where we didn't had no food in the house and i had to beg neighbors and friends for help. He used to get mad and upset with me about this and used to hit me and mistreat me. He eventually after me overstaying my visitor visa and after begging him to please help me get a status so i can work and support both of us too, he applied for my Immigration paperwork.

 

Notice Date for Biometrics: August, 22 2017

Receipt: September, 11th 2017

- I130

-I765

-I131

-I485

Biometric Appointment: October, 3rd 2017

Notice of Action: December, 23rd 2017

-I131 

-I765

Notice of Decision: January, 9th 2018

-I485 Denied.

 

Due to his abuse my Neighbor called the Police on the 19th of November 2017, my Husband had punched me a blue eye. He left the Apartment and at the same time my Neighbor brought me to the Hospital. It was a medical and Police Report Issued, he got charged with Aggravated Assault 3rd Degree. 2 weeks after that he withdrawl his petition saying that i commited fraud and i only was married to him to get a Green Card. He's case is still pending till this day. We tried to work it out after all that happen again, but then he put his hands on me again and i had to leave the apartment ever since i've been staying with a close friend. He filed for a 

Divorce: July, 31st 2018

Served Civil Summons: July, 31st 2018

Final Divorce Hearing : October, 1st 2018

 

Now I'm trying to figure out if the VAWA Petition would be the best solution for me? I'm really going crazy, because i overstayed my this entire time, I'm scared that if i go back home i would have big to face consequences and I feel sorry for everybody  in a situation like, feeling this helpless and hopeless can have you fall into depression. Can someone please help me and give me advice.

 

 

 

 

 

You can file VAWA without any problem, but VAWA is taking a long time, between 21 to 24months to be adjudicated, plus 6/9 months for the green card adjudication. VAWA applicants do not have the  3/10 years bar, until this date, if they travel abroad with advance parole. But if you decide to leave the U.S and not file VAWA then you will have a bar to reenter of 10 years and to overcome this inadmissibility, if you one day you get married to another U.S Citizen,  you will need a waiver I-601 ok.

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:ot:

2 hours ago, sandranj said:

VAWA applicants do not have the  3/10 years bar, until this date, if they travel abroad with advance parole. But if you decide to leave the U.S and not file VAWA then you will have a bar to reenter of 10 years and to overcome this inadmissibility

I'm a little confused...can you help clarify this? Previously you stated:

On 9/28/2018 at 12:52 PM, sandranj said:

  VAWA petitioners are not subject to 3/10 bar of inadmissibility for unlawful presence.8

But above you stated it's only if they exit with AP (which the inapplicability applies regardless).

 

So are VAWA petitioners not subject to the unlawful presence bar, or is it only if they obtain and exit with AP? I just want some clarity so I can respond to other cases better.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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On 10/2/2018 at 8:17 PM, geowrian said:

:ot:

I'm a little confused...can you help clarify this? Previously you stated:

 

But above you stated it's only if they exit with AP (which the inapplicability applies regardless).

 

So are VAWA petitioners not subject to the unlawful presence bar, or is it only if they obtain and exit with AP? I just want some clarity so I can respond to other

cases better.

 
 
 On 10/2/2018 at 6:13 PM, sandranj said:

VAWA applicants do not have the  3/10 years bar, until this date, if they travel abroad with advance parole. But if you decide to leave the U.S and not file VAWA then you will have a bar to reenter of 10 years and to overcome this inadmissibility

Read it again, VAWA petitioners do not have bar.

  On 9/28/2018 at 12:52 PM, sandranj said:

  VAWA petitioners are not subject to 3/10 bar of inadmissibility for unlawful presence.8

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