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Mike2234

Am I eligible for VAWA? Pls help.

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Hi all,

My wife cheated on me and I found out that recently. She is now filing divorce because she is actually going to marry that another guy. Situation is very crazy and unexpected.
I will briefly describe the story and in the end pls advise advise if I am eligible for VAWA because I called a lawyer today and they advised to file VAWA after I told my full story.

So, my wife told me around 1.5 month ago that she is not sure she wants to be with me, I thought maybe she i just stressed by something or idk...so we have been talking about it and her family have been talking to me and her (separately)...no one was getting what's going on and why she is telling that...Her family (mom and sister) was on my side and they know everything. During all this time she was coming home with very expensive gifts (she was saying it is from their Gen Manager...he is getting it for everyone), she was coming with sticky notes with words like I love you, I want to be with you, etc (she told me it is someone random secret admire at work and maybe it is a joke, she said she does know), also once I found her panties in her car...and she just told some bullshit again...like I forget them there dont remember when. So I was truly in love with her and was planning to have babies and live happily, this is why I didn't question that a lot, I trusted my wife. I thought it is normal to trust.
Then like 1 week ago she told me that she is sleeping with someone from work, she is moving out ASAP and moving in with him, also she is filing divorce, also all that gifts was from this guy and that secret admire was that guy. So, she lied me and her family for a long time. After she told it to everyone, her sister and mom stopped talking with her and cancelled their planned vacation together (they told her, we dont want you to come and be with us). They all dont communicate for a week already, but her sister and mom are talking with me and supporting me, they agree she cheated, they agree she acted inhumanly and very dissrespective. She filed divorce today. During this week we were fighting a lot because we still live together...while this fights she told phrases like: "You are an idiot and it was so easy to lie to you", "I will destroy you, test me and watch", "If you do not sign divorce papers right now, I will take everything from you because they favor wife in this state", "If you do not sign divorce papers right now, I will call USCIS to withdraw my petition and kick you out of this country like tomorrow", "My future is brighter then yours".....etc. Her mom and sister agreed with me that she is doing this because of money (that guy is rich)...she was proudly saying like he will get me a ring for 40k...I will not be able to say NO (after saying to me that she does not want to marry again)...he will pay for my plastic surgery and he will pay for business I want to start, and I dont need to work at all, I am leaving my job in June...because he has a lot of money and he will pay for me. I didn't record her saying any of that, so it is only my personal statement.

During all this is happening she realised that I am very psychologically distressed...I am really down by this. I can't believe my wife cheated on me and how she is acting towards me now - very aggressive and with no pity. So, she said I need to go to therapist because I need mental help. I agree with that because I was never so much down in my life, I really need help. So she will take me to the doctor I guess, or I will go alone. I will probably need multiple visits because situation with my mental state is very hard. I do not even believe what I am typing now here for you. I want to believe that this isnt my story...but it is. 

So after saying all of this to random lawyer I called today...lawyer said that apply for VAWA. I am thinking is there any sense in applying or it is just a chance for lawyer to make money and this is why she is telling so?
Please advise what are the chances of getting VAWA approved, especially for man.
P.S: I am now pending AOS from K1, interview was not scheduled yet. I have an EAD and AP (will it be cancelled and when in case I am applying for VAWA and not applying?)
Thank you and love each other, people.

Edited by Mike2234

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* Moved from AOS from K-1 Progress Reports to Effects of Major Family Changes on Immigration Benefits *

 

I suggest reading through and asking questions on the VAWA thread. The individuals there would be well suited to provide good input as well.

The cheating is not sufficient for a VAWA claim. The subsequent remarks and actions/threats may or may not provide a strong basis for a VAWA abuse claim. I'll defer to others there.

 


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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6 minutes ago, geowrian said:

* Moved from AOS from K-1 Progress Reports to Effects of Major Family Changes on Immigration Benefits *

 

I suggest reading through and asking questions on the VAWA thread. The individuals there would be well suited to provide good input as well.

The cheating is not sufficient for a VAWA claim. The subsequent remarks and actions/threats may or may not provide a strong basis for a VAWA abuse claim. I'll defer to others there.

 

Thank you!

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OP has posted in the large VAWA thread, so this one is closed.


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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