Vawa 2019

[Caseydigio 0]

Hello,

i enter to USA with my visitor visa in February 2017, i was approved for six months stay.

in June I met my husband, we start to date and i was supposed to go back to my home country in August 2017. 

Because we date he offer me to file for extension so I'll be able to stay without  losing my status. I wasn't familiar with the law and the process and he told me that is friend is taking care of this stuff. 

He took pictures of my visa and passport and i gave him 800$ to fill this application.

One month later I asked him about it and he told me its still pending.

we move in together in October 2017, we got married in December 2017. 

At the day we got married he took my passport and never give it to me back . He always told me he need to file some paperwork so ill be able to work. I believed him. Im his first wife. He is my first husband. One month after we got married he start to change. It start from small things- like what I wear, where im going, who is going with me etc. he had opinions on everything. And when we argue he became aggressive yelling at me and always Throwing things at me . I got scared from him but he always came back to ask for forgiveness and always promised "it will not happene again " . 

I believe him. He makes me think that this is My mistake. 

He love to gamble, to drink and to smoke. I never had issues with that. But everytime something went wrong with is life i was there to take the hit.

he used to push me, or kick me out of the house because he is paying the rent. 

He used to offer people to pay him so they will spend the night with me and when we go out he yelled "My wife ####### Who wants her for the night?" I told him he hurt me. But he keep telling me "you are my wife and you need to shut up and say amen to everything I said ".

iv tried to run away, my passport was with him all the time. One day i told him ill call the police (he said he will kill me) and He laughed. He told me im out of status and they will take me to jail "i never file the extension i used the money for gambling so if you want to call you can do it but ill make sure you will go to jail. And no one will help you." I was scared. Im not jail person. I never brake the law. I was dependent on him. I did not work. I had no money. I had nowhere else to go. So I asked for forgiveness every time. I really believed he will stop doing that.

i got pregnant, he didn't like it.

"now you will be more ugly and fat"

" i will kill you and the baby "

he start to force me to have sex with him. I cry, begged for him to stop. That didn't help. In my 6 weeks pregnant after he forced me to have sex with him i felt pain, i go to hospital never told him nothing but i had infection. 

In August, in my 7 months of pregnancy, he Kick me out  of the house again. This time I decided not to come back. I preferred to be on the street. I was afraid I would lose my fetus because of him. I found a man who understood that I needed help, he did not ask me questions and I did not tell him anything. My husband looked for me and sent me threatening messages. I did not answer him. In December 2018 I gave birth to my son. At the hospital, I asked for a passport, which I did not had because my husband hold it. I turned to my husband and asked for the passport, since my mother had come to the birth and did not know what was happening to us. He brought it to me. He kept threatening me, "Do not forget I decide what your fate is. One word of mine and they will take you to jail and the baby will take the social services " I was afraid it was true. So I run away to my home country. In my home country they refused to register my son under my name because I missing documents that I cannot provide. Ill not able to get any single mom benefits because they refused to register him. I reached US Embassy in my home country- they cannot help. They give me form to fill and send but this process can take months. I heard recently on VAWA I believed im qualified to apply for that. 

Because my overstayed I cannot get back to us. I really don't know what to do. The vawa process time is about 2 years. 2 years that ill not be able to support my son, give him medical attention or even place to sleep.

 I was wondering, 

there is any way to cancel the ten year bar so ill be able to get back with my son and work and get all his benefits while the i-360 is pending?

there is any way to expedited the application?

 

if I knew about vawa earlier and that i have my rights i never go back to my home country.

 

i really hope someone will answer me and tell me what can i do. 

Im looking for attorney but no one is reaching me back.

 

Thanks. 

[Caseydigio 0]

Hey,

i was overstayed my visa more then 180 (i was suffering from abuse by USC and he hold my passport) I return to my home country with my newborn son (USC) one month ago.

I only heard about vawa few days ago.

my son cannot get any medical care because I missed some documents.

we don't have nothing in my home country.. even my family don't willing to help me because religion and that I married a man that is not in the same religion as mine. For them it's a sin.

 

i read in some websites that if ill try to return to us and they denied my entry because the overstaye i can ask to see a immigration judge. It's possible? If ill try to enter again and they denied my entry what can i do to overturn this decision??? I want to apply to vawa but i cant from abroad and I know there is vawa benefits for me and my son. 

 

Please tell me if its possible. Someone did it?? 

 

Thank you.

[Ate 180]

I'm sorry this has happened to you and your son.  I'll link your other post here so those who may have knowledge of VAWA will have more information about your situation.  I wish you well.

 

 

[belinda63 2,981]

You can order documents from the court from overseas. Goggle the county the birth/marriage took place in or the state they took place in and you can order the birth certificate or copy of the marriage certificate online. 

Since you don't have a green card you won't be permitted to enter the US. You are only permitted to enter and ask to go before an immigration judge if you have a green card and are denied entry.

Please seek help with VAWA, I believe you can file from outside the US if you fled due to abuse.

[Caseydigio 0]

1 minute ago, belinda63 said:

You can order documents from the court from overseas. Goggle the county the birth/marriage took place in or the state they took place in and you can order the birth certificate or copy of the marriage certificate online. 

Since you don't have a green card you won't be permitted to enter the US. You are only permitted to enter and ask to go before an immigration judge if you have a green card and are denied entry.

Please seek help with VAWA, I believe you can file from outside the US if you fled due to abuse.

I already did that i do have the birth certificate but my home country want Apostille something.. I tried to order from overseas but its been almost one month and no answer.. 

i can file vawa from my home country but it will take 3 years.. in the meantime I cannot get nothing for my child.. I don't have place to sleep and how to buy food. 

 

I really don't know what to do.. I understand that I cannot expedite the vawa application..

and i need a waiver too??? 

 

No lawyer return to my email 

i really dont know what to do anymore 

[Going through 5,668]

2 hours ago, Caseydigio said:

i read in some websites that if ill try to return to us and they denied my entry because the overstaye i can ask to see a immigration judge. It's possible? 

From your other thread----you never filed the AOS after marriage, correct?

You have a tourist visa---if you are denied entry on a tourist visa, there's no "asking to see an immigration judge", because you have no legal basis to enter.

 

2 hours ago, Caseydigio said:

I want to apply to vawa but i cant from abroad

You can file the i-360 from abroad.   Likely you would (along with other sufficient documentation of abuse suffered) need to prove that you fled to your home country due to the abuse.

 

2 hours ago, Caseydigio said:

I know there is vawa benefits for me and my son.

You went back to your home country with your/his USC son...if you took him out of the country without your husband's consent, there may be consequences from that if pursued (through him, not USCIS).   Your son was born December 2018...you returned to your home country in January 2019....I'm curious how were you able to board the flight to your home country without the baby having a passport?

[Going through 5,668]

5 minutes ago, Caseydigio said:

I really don't know what to do.. I understand that I cannot expedite the vawa application..

and i need a waiver too??? 

You don't need a waiver.  Overstay bars do not apply to those self-petitioning with VAWA.....but again you will need to prove that the overstay/return to your home country was in connection to the abuse you went through.

Edited February 20, 2019 by Going through

[Caseydigio 0]

2 minutes ago, Going through said:

From your other thread----you never filed the AOS after marriage, correct?

You have a tourist visa---if you are denied entry on a tourist visa, there's no "asking to see an immigration judge", because you have no legal basis to enter.

 

You can file the i-360 from abroad.   Likely you would (along with other sufficient documentation of abuse suffered) need to prove that you fled to your home country due to the abuse.

 

You went back to your home country with your/his USC son...if you took him out of the country without your husband's consent, there may be consequences from that if pursued (through him, not USCIS).   Your son was born December 2018...you returned to your home country in January 2019....I'm curious how were you able to board the flight to your home country without the baby having a passport?

I apply for passport for my son he go out with his us passport 

i never put my husband name on birth certificate and fill them when he wasn't next to me.. ( I couldn't take the risk he will put me in jail and social workers will take my baby) 

 

 

[Unlockable 7,306]

I am sorry you are going through a tough situation with you child, but if you are looking for a fast solution, there isn't much that you can do.

 

As far as I know VAWA will have to be done in the US. If there is exceptional circumstances that could allow you to file, then @sandranj may be able to chime in to help. She is the resident expert in VAWA cases and what to do. 

 

But you should know that nothing is going to happen immediately. If anything is possible for you to do, it is going to take time. So in the meantime, you should seek help/shelter for yourself and child.

[Caseydigio 0]

3 minutes ago, Going through said:

You don't need a waiver.  Overstay bars do not apply to those self-petitioning with VAWA.....but again you will need to prove that the overstay/return to your home country was in connection to the abuse you went through.

So I don't know what to do.. how can I find a lawyer that will give me a real answer?

i have prove that we lived together (lease) and txt msg that he said that he will kill me.. I have hospital records that i have bad infection 😐 

i never understood the law .. never tried to break it. 

 

 

[Caseydigio 0]

2 minutes ago, NuestraUnion said:

I am sorry you are going through a tough situation with you child, but if you are looking for a fast solution, there isn't much that you can do.

 

As far as I know VAWA will have to be done in the US. If there is exceptional circumstances that could allow you to file, then @sandranj may be able to chime in to help. She is the resident expert in VAWA cases and what to do. 

 

But you should know that nothing is going to happen immediately. If anything is possible for you to do, it is going to take time. So in the meantime, you should seek help/shelter for yourself and child.

I will .. thank you.. 

[Going through 5,668]

36 minutes ago, Caseydigio said:

I apply for passport for my son he go out with his us passport 

i never put my husband name on birth certificate and fill them when he wasn't next to me.. ( I couldn't take the risk he will put me in jail and social workers will take my baby) 

Unfortunately, your husband still has parental rights whether he is listed on the birth certificate or not.  He is still the biological father.   Not putting him on the birth certificate doesn't mean he has no rights to the child, is all I want to point out, if that's what you assumed.

 

You were fortunate to get a US passport for your son within a month of his birth (including time spent waiting for the birth certificate to arrive and without the consent from the father for a minor child passport)---I didn't even think that would be possible speed-wise as normally birth certificates take a couple of weeks to arrive in the mail.  I hope you can find safe shelter for you and the child in your home country, in the meantime.

 

Something else to think about---if/when you do return to the US, do you have any sort of support system here as well?  Friends, or other family members to help you get on your feet or give you a place to stay until you get employment?

[Caseydigio 0]

55 minutes ago, Going through said:

Unfortunately, your husband still has parental rights whether he is listed on the birth certificate or not.  He is still the biological father.   Not putting him on the birth certificate doesn't mean he has no rights to the child, is all I want to point out, if that's what you assumed.

 

You were fortunate to get a US passport for your son within a month of his birth (including time spent waiting for the birth certificate to arrive and without the consent from the father for a minor child passport)---I didn't even think that would be possible speed-wise as normally birth certificates take a couple of weeks to arrive in the mail.  I hope you can find safe shelter for you and the child in your home country, in the meantime.

 

Something else to think about---if/when you do return to the US, do you have any sort of support system here as well?  Friends, or other family members to help you get on your feet or give you a place to stay until you get employment?

Yes i do have friends that will help me.. he never wanted the child (my husband) he always told me that he will call child protective services (something like that) and they will take my child to somewhere.. from the beginning he told me to miscarriage. I couldn't. 

 

Any way. It will take years to come back to us.. I really hope that one day ill be able to give my son a better day. 

That one day, it will be like a nightmare and nothing more.. and about the passport and birth certificate I didn't wait. iv been in vital office and give her my passport and the number they gave me in the hospital and she gave me birth certificate, the passport i pay for expedited and call them every day to ask..

someone there probably helped me out..

[little immigrant 800]

I was in an abusive marriage and I promised myself if I ever got pregnant by him I would leave the country before giving birth so I can withhold the child from him and never tell him. I'm sure he would have used a child against me somehow and to hurt me. I can't tell you what to do but you're lucky you're not in the same country as your abusive husband anymore because he can't do much anymore. He might even want to "make up" and file for you to come back just to continue the abuse. Please be careful and take care of yourself and the child. 

[WeGuyGal 1,052]

8 hours ago, Caseydigio said:

Hey,

i was overstayed my visa more then 180 (i was suffering from abuse by USC and he hold my passport) I return to my home country with my newborn son (USC) one month ago.

I only heard about vawa few days ago.

my son cannot get any medical care because I missed some documents.

we don't have nothing in my home country.. even my family don't willing to help me because religion and that I married a man that is not in the same religion as mine. For them it's a sin.

 

i read in some websites that if ill try to return to us and they denied my entry because the overstaye i can ask to see a immigration judge. It's possible? If ill try to enter again and they denied my entry what can i do to overturn this decision??? I want to apply to vawa but i cant from abroad and I know there is vawa benefits for me and my son. 

 

Please tell me if its possible. Someone did it?? 

How did you get a tourist visa with no ties to home?