VAWA I don't know what to do

[callherdi 0]

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.

 

 

 

 

[TBoneTX 45,522]

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

[callherdi 0]

10 minutes ago, TBoneTX said:

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

i did nobody is responding, i really dont know what to do

[TBoneTX 45,522]

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

[Sandra G. 5,051]

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.

[geowrian 22,337]

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.

[Villanelle 4,122]

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

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