VAWA - effect on "abuser"

[Jeff and Mei 19]

This is a question for those familiar with the VAWA process.

 

I completed the K-1 process for a Russian lady, she came to America, we married, filed the I-485, and I immediately knew I had made a big mistake.  She was after the green card and nothing else.  I withdrew the Affidavit of Support for the I-485 before the green card was issued.  Of course she became angry.  She refused to sign divorce papers.  I assume she went back to Russia because she disappeared completely.  I finally got divorced after hiring a Russian lawyer who handled the process in Russia.

 

I suspect this lady filed a VAWA to attempt to get the green card.  After the I-485 was filed she began using legalese language like I was trying to control her, and I put my hands on her without her permission (when trying to show a little affection).  Her I-485 is still open after 15 months, with status "request for evidence was received."

 

My question is this: how would it affect me if she filed a VAWA?  Will my name be used in the evidence she provides to try to show abuse?  And specifically, if I decide to try to file another petition for another foreign lady, will this fabricated VAWA be held against me?  Will the adjudicators of another petition that I might file know that another lady filed the VAWA and accused me?

 

Thank you very much for any information.

[Ben&Zian 4,397]

So she is out of the country or you're unsure? If she did leave she has abandoned her AOS so. As to her attempting to claim some form of VAWA, yes your name would come up obviously, but did she ever file police reports? Any evidence of photos showing bruising? If no, then it would just her word against yours essentially and wouldn't get her very far I don't think.

[geowrian 22,335]

Outside of immigration, a VAWA claim has no impact on you. It's not part of a criminal history or anything like that.

 

Within immigration, they should be able to see that you petitioned for somebody who subsequently filed for VAWA (assuming she did so).

As to if this impacts future petitions, I would assume it depends on the merits of any such claim versus any evidence presented by you or the beneficiary at the time. Just as an example, if somebody clearly physically abused a beneficiary and provided strong evidence showing that, I would anticipate extra scrutiny in the future for the sake of the beneficiary's well-being.

But a VAWA claim by itself wouldn't prevent you from petitioning somebody else or need to be a cloud over your head. Moreso if the claim is determined not to meet VAWA requirements. VAWA is not as simple a process as sometimes people make it appear to be...it is a pretty tough bar for which they have the burden of proof.

[Boiler 43,401]

I believe you can get a VAWA outside of the US.

[geowrian 22,335]

7 minutes ago, Boiler said:

I believe you can get a VAWA outside of the US.

Yup

[Villanelle 4,121]

1 hour ago, geowrian said:

Outside of immigration, a VAWA claim has no impact on you. It's not part of a criminal history or anything like that.

Within immigration, they should be able to see that you petitioned for somebody who subsequently filed for VAWA (assuming she did so).

As to if this impacts future petitions, I would assume it depends on the merits of any such claim versus any evidence presented by you or the beneficiary at the time. Just as an example, if somebody clearly physically abused a beneficiary and provided strong evidence showing that, I would anticipate extra scrutiny in the future for the sake of the beneficiary's well-being.

But a VAWA claim by itself wouldn't prevent you from petitioning somebody else or need to be a cloud over your head. Moreso if the claim is determined not to meet VAWA requirements. VAWA is not as simple a process as sometimes people make it appear to be...it is a pretty tough bar for which they have the burden of proof.

No one knows what goes through the adjudicating officers mind. Some can be biased and let their personal beliefs and views impact their decisions. If that does happen and it is challenged it will be overwritten; as they say lady justice is 'blind'. Technically nothing on a vawa petitioners claim can be used against the 'abuser' listed on it. I know it sounds like mincing words but technically USCIS makes a determination that someone is a victim of abuse and NOT a determination that someone is an abuser. Its a very distinct difference.  

[geowrian 22,335]

45 minutes ago, username_taken said:

No one knows what goes through the adjudicating officers mind. Some can be biased and let their personal beliefs and views impact their decisions. If that does happen and it is challenged it will be overwritten; as they say lady justice is 'blind'. Technically nothing on a vawa petitioners claim can be used against the 'abuser' listed on it. I know it sounds like mincing words but technically USCIS makes a determination that someone is a victim of abuse and NOT a determination that someone is an abuser. Its a very distinct difference.  

Correct - there is nothing in policy or the law that means they would hold it against them at all.

From a practical standpoint, my opinion is that it would not be completely ignored.

 

Edit: Just to clarify, I'm not suggesting an IO or CO would go outside policy or the law on some sort of hidden agenda or something like that. Just that they are real people - if they legitimately felt somebody's health was at risk, they wouldn't completely ignore it either. Maybe that's a deluded view...idk.

Edited April 22, 2019 by geowrian

[Villanelle 4,121]

@geowrian I agree with a lot of what you said. You have to remember though VAWA is completely confidential. They are not allowed to discuss it with anyone (including the abuser who was named or subsequent partners of the abuser). From a practical humanitarian standpoint I believe the Officer would give the subsequent beneficiary a hard time. Hopefully question them on what they can and maybe even deny for trivial reasons- which they can and do often for seemingly no reason. Well, no obvious reason based on the info we are often later provided with which isnt the whole story. If there are police reports including an arrest they can ask for information about that and if the arrest was DV based IMBRA guidelines require them to make sure the beneficiary is aware of them. However if there was no arrest then the same IMBRA guidelines prevent them from discussing the previous VAWA claim with the beneficiary. Personally I think it comes down to whether or not the VAWA claim was legit or not in regards to whether the abuser named in it should be concerned. If it was not legit and there are no DV records it shouldnt have any impact on them. If it was legit- records or not- the beneficiary should know everything and what rehabilitation steps you have taken for there to be any chance the relationship will be successful. 

[geowrian 22,335]

1 minute ago, username_taken said:

@geowrian I agree with a lot of what you said. You have to remember though VAWA is completely confidential. They are not allowed to discuss it with anyone (including the abuser who was named or subsequent partners of the abuser). From a practical humanitarian standpoint I believe the Officer would give the subsequent beneficiary a hard time. Hopefully question them on what they can and maybe even deny for trivial reasons- which they can and do often for seemingly no reason. Well, no obvious reason based on the info we are often later provided with which isnt the whole story. If there are police reports including an arrest they can ask for information about that and if the arrest was DV based IMBRA guidelines require them to make sure the beneficiary is aware of them. However if there was no arrest then the same IMBRA guidelines prevent them from discussing the previous VAWA claim with the beneficiary. Personally I think it comes down to whether or not the VAWA claim was legit or not in regards to whether the abuser named in it should be concerned. If it was not legit and there are no DV records it shouldnt have any impact on them. If it was legit- records or not- the beneficiary should know everything and what rehabilitation steps you have taken for there to be any chance the relationship will be successful. 

100% agree!

[Boiler 43,401]

I assume that we are speculating and nobody really knows.

[Ontarkie 13,904]

~~Hijacked post removed. If you have a question for your own case please start a new thread.~~

[Jeff and Mei 19]

On ‎4‎/‎23‎/‎2019 at 11:57 AM, Boiler said:

I assume that we are speculating and nobody really knows.

Thanks for all the info and opinions.  Of course this is all speculation, I actually don't know where my ex wife is at this point.  Or if she filed a VAWA.  There was no abuse.  The closest thing to abuse would be a text message asking her why she is acting like such a .  She did go to the hospital once, to have her thyroid removed.  I promised her before she came to America that I would get this done for her.  Her I-485 file is still open after 16 months.  I inquired about it 2 months ago and received a letter stating that only the beneficiary herself could receive information.  I read somewhere that it is customary for USCIS to put an I-485 on hold while a VAWA is being processed.  I don't know if I would get involved with another foreign lady.  But if I did file a petition for another, would the adjudicator of that petition have to do a search of my name to see that a VAWA had been filed naming me as an abuser?  I know it is confidential, but would my name be placed on some list within USCIS? 

 

This process is inherently unfair if she did file a VAWA.  There is no court or process for me to rebut her claims, or defend myself. 

[Boiler 43,401]

The process is and presumably was designed to be inherently unfair.

 

I know prior applications are linked and come into consideration, now to what extent a VAWA claim would impact we can speculate but I do not think anybody knows.

[Villanelle 4,121]

1 hour ago, JeffnElena said:

There is no court or process for me to rebut her claims, or defend myself. 

Once again- her VAWA should not have any impact on you petitioning for someone else. As I said- USCIS makes a finding she is a victim NOT that you are an abuser. Theres a difference... If USCIS was to make a finding about you being an abuser THEN you would have an opportunity to rebut her claims. Because it is not a finding about you- you do not get a voice in the matter. USCIS will see any past dealings you have had with them. They have cross referencing databases that track stuff for fraud purposes. So yes, they will know you petitioned before.  No one knows exactly what goes through the adjudicating officers mind but there is no policy or law that directs them to do anything when an abuser named in a previous VAWA complaint petitions again.