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jacobamanda63

does it affect my VAWA case if i have a baby with other guy during marriage

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Hi, everyone ,

   I have a question about my VAWA case. 

   I married to a USC husband but he did abused me after a month since we married during my pregnancy.   I have two police reports and medical records , with some inquired pics that police took for me. 

   the abuser withdrew the petitions  that he applied GC for me it was  based on the marriage before divorce done. so my 485 was denied with before had  interview. 

  I applied VAWA before divorce done. and received notice letter and Prima Facie .   I did not sent final divorce decrees to VSC yet because it just done and it showed abuser ex husband is not this baby's father.  we did couple times paternity tests all showed he is not the father of this baby. 

  I thought he was. and i told VSC that  i have baby with abuser when i submitted my case .  

 

   I did entered in marriage with good faith. I was shocked when paternity tests showed he is not the father   . 

   then I remember i did had sex with a guy once after  he did couple times physical and sexual abused me . this guy was the one I dated with before  but being as friend since I married my abuser ex husband.  he asked me to marry him but i chosen my abuser ex husband. He was comforted me when i tole him that i was abused at the hands of my abuser ex husband , the sex was happened at that only time. we lived in different states.

   I don't know if this baby is this guy's because did not do any paternity with this guy yet. I believed this baby was my abuser ex husband's and they really look like the same. 

 I don't have contacted with that guy since i know the paternity results . 

   

  someone who knows how this matter will affect my VAWA case? 

 

   what i can do the next?

   do i need to submit my divorce decrees now? 

  do i need to explaining why this baby's father is not abuser ex husband? this baby born in the marriage.

help me please , I appreciate  any advice and suggestions.   

wish the best for all of you. 

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I'll defer to others who are more experienced on the specifics with VAWA cases, but there are 2 components to the VAWA claim:

1) Abuse

2) Bona fide marriage

 

While having a child with somebody else while married is by no means a bar for showing #2, I do think it would have some impact on the case. If there is sufficient evidence of a bona fide relationship, the petition can be approved regardless of any children.

 

Best wishes.


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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3 minutes ago, mcdull said:

I concur. 

Although VAWA claims with USCIS is almost , like Mazie Hirono puts it: When a woman accuse you something, just believe her! Perhaps you should speak to a lawyer, you do have a complicated case.  

a side note:

You said you aren't even sure if the second guy you had one-time sex is the baby father, lady, please use protection for your own sake!

 

 

 

 

my abuser ex husband is rich so he had good divorce attorney. they made me can not go back to find out if he is the father of this baby.

i have no money to  fight back with him at court . 

my ex abuser husband did not knew this guy , he and his divorce attorney believe that i went to Artificial reproductive hospital to have a baby and wants his money. he refused to write entered in marriage with good faith. but divorce with good faith in the divorce decrees. 

My divorce attorney even told him that i was going to apply VAWA , so his criminal attorney did very good job for him to had deal with state attorney to made his case dismissed.

  I dont believe only one time sex could had pregnant with that guy just right after my period. but he is not the father on the divorce decrees now. it was certified by him. 

   I dont have money to hire a attorney for my VAWA case. 

   Thanks for your common. 

 

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23 minutes ago, geowrian said:

I'll defer to others who are more experienced on the specifics with VAWA cases, but there are 2 components to the VAWA claim:

1) Abuse

2) Bona fide marriage

 

While having a child with somebody else while married is by no means a bar for showing #2, I do think it would have some impact on the case. If there is sufficient evidence of a bona fide relationship, the petition can be approved regardless of any children.

 

Best wishes.

thanks for your common. this is true. but it is hard to find a good immigration attorney. also i dont have money for it . I am waitting for my EAD card if it approved soon, so i can go to work , but for this little baby is hard to find a daycare tho. too young to send to daycare. 

    

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6 hours ago, jacobamanda63 said:

my abuser ex husband is rich so he had good divorce attorney. they made me can not go back to find out if he is the father of this baby.

i have no money to  fight back with him at court . 

my ex abuser husband did not knew this guy , he and his divorce attorney believe that i went to Artificial reproductive hospital to have a baby and wants his money. he refused to write entered in marriage with good faith. but divorce with good faith in the divorce decrees. 

My divorce attorney even told him that i was going to apply VAWA , so his criminal attorney did very good job for him to had deal with state attorney to made his case dismissed.

  I dont believe only one time sex could had pregnant with that guy just right after my period. but he is not the father on the divorce decrees now. it was certified by him. 

   I dont have money to hire a attorney for my VAWA case. 

   Thanks for your common. 

 

Wait.....what???


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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There's a lot happening here... If the paternity test says the baby isn't your ex husband's then it just isn't. Get the other man tested. I really think a lawyer would be your best option right now. Do you have family who can help you out? 


F1 (graduated) with pending AOS after marriage! ^_^

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15 hours ago, jacobamanda63 said:

 I don't know if this baby is this guy's because did not do any paternity with this guy yet. I believed this baby was my abuser ex husband's and they really look like the same. 

 

It's already been proven that your ex husband isn't the father of your baby----and it sounds like you're unsure if your friend is the father....pretty easy to figure out unless you've had sex with a third man during your marriage?

 

Get the second man tested.  Yes, the final divorce decree is needed before your case can be approved.


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WHAT?!? ...

your ex husband abused you...I‘m very sorry about that! Nobody should experience DV!

BUT you had sex with another man, and maybe even TWO other menwhile still being married and you didn‘t think about whoever could be the unborn baby‘s father? Sounds to me like this was a matter of not too many months...so my question is...why?!

Were you just trying whatever so you might have the chance to stay in the country?!....idk...all this sounds a bit weird to me..

 

honestly...if you wanna have the slightest chance, then get yourself an attorney.. IMO this is not a do it yourself thing.

 

Edited by mrmvkjts

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Marry the boyfriend and adjust through him?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Does he know he is a Father?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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5 hours ago, APGG94 said:

There's a lot happening here... If the paternity test says the baby isn't your ex husband's then it just isn't. Get the other man tested. I really think a lawyer would be your best option right now. Do you have family who can help you out? 

Yes, you are right.  the paternity results was court orders already. I don't believe it maybe because I never thought he is not the father. 

I don't have family and friends here to help me with take care of this baby or for money to have a good immigration lawyer. 

only hope is have EAD in hand soon, so I can go to find a job . this baby is too young to send  to daycare , but we need to survived. 

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3 minutes ago, Boiler said:

Does he know he is a Father?

I would guess no...OP said she hasn't had contact with 2nd guy (since finding out the ex-husband's paternity results) in her first post.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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