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Roger12

Must I Divorce before VAWA Approval? [split topic]

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Hello Everyone,

 

I moved to the US in August, 2016 through the K1 Visa (Fiance Visa). I married my husband, we sent all documents and forms to adjust my status on September, 2016, and after a few months things didn't worked out well. Not only the psychological but the physical abuse happened. I was luck to make friends in the city and they helped me to get out from him.

 

I only had my EAD card and I believe that he did something to stop my adjustment of status, because until today still pending. I was able to renew my EAD card, and I sent my VAWA on November, 2017. I received my Prima Facie and everything still pending. The VAWA, the AOS and my second EAD renewal.

 

I'm still legally married and I was reading that I must divorce him before the VAWA approval, is that right? If I divorce him, it must be a contested divorce? I see everywhere victims of domestic violence can divorce without your husband but I don't know how should I do.

 

My husband sent me an email with a uncontested divorce agreement asking me to sign and send him back but I don't trust him - He is asking to sign a page that can be removed easily and attached to another document.

 

Can I divorce without a lawyer? I'm in NYC.

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The above was split from an unrelated thread in this same forum.


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01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.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 2/21/2019 at 4:20 PM, Roger12 said:

My husband sent me an email with a uncontested divorce agreement asking me to sign and send him back but I don't trust him - He is asking to sign a page that can be removed easily and attached to another document.  

 

On 2/21/2019 at 4:20 PM, Roger12 said:

Can I divorce without a lawyer? I'm in NYC.

 

You CAN get a divorce granted without a lawyer in NYC...however if your husband is asking you to sign any documents and send it back to him, it would be in your best interests to retain a lawyer who will look over those documents first.  The last thing you want is not being able to completely understand what it is you are agreeing to by signing it, or be in a position where your soon-to-be ex is taking advantage of you in any divorce settlement.

 

He took advantage of you physically---please don't let him take advantage of you financially as well (if that is his plan).

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

 

 

 

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On 2/21/2019 at 1:20 PM, Roger12 said:

My husband sent me an email with a uncontested divorce agreement asking me to sign and send him back but I don't trust him - He is asking to sign a page that can be removed easily and attached to another document.

 

Do not sign anything legal without having a lawyer look over it first.  Especially in a situation where you are going to be going through the VAWA.

Even if you just go to a law clinic (If you are in NYC, they shouldn't be hard to find), make sure you aren't signing anything that will limit your rights.

 

Furthermore, most divorce documents generally need to be notarized and signed by both parties before they go to court for final processing-  so I'm not sure what he's doing.

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