I-751 filed under VAWA

[Anastasiya77 0]

Hello, everyone. 

My attorney from Holly Cross Ministries filed I-751 under VAWA for me in August 2017. Case has been received on September 15 of 2017. Since that time I gave my fingerprints around February of 2018. Then no updates from USCIS up until early March of 2019 - Request for evidence, where they said, that according to evidences I provided, I don't qualify neither for my bona fide marriage approval, nor for being emotionally abused. I gathered a lot more additional documents and witness letters and sent it over. My main issue was: because of controlling behavior of my ex-spouse, he intentionally didn't want to have my name on official papers(no bank accounts in both names, no utility bills), only on filed Tax return for the year 2015 (that USCIS thought wasn't enough). USCIS received my additional documents on May 6 of 2019 and till now I haven't heard from them yet. 

 

I understand that I need to wait. From arriving to the US in 2015 until March 2019 I lived in Salt Lake City. Since March of 2019 I am in school in New Jersey. My extension is soon to be expired (in February of 2020). If I don't hear from USCIS till then, I need my passport stamped to extend my legal documents. For that I need to go to local field office. Now, being in school in NJ it will be very expensive and I'll have to miss several days of school (which better not to do) in order to go to Salt Lake City field office, because now they give Info Pass appointment by request of a phone call and schedule for the following week.

 

My question is: will it hurt my case if I change my address to NJ to stamp my passport locally. If not, how it should be done better (I suspect by mail only), as VAWA cases are isolated from all other USCIS departments. 

 

My second question: if anyone here had similar to mine time lines on similar to my case, where any of them recently approved? Just want to have a general idea.

 

Third question. Does anyone have a story of trying to enforce I-864?

 

Thank you in advance.

[Georgia16 2,858]

You should have changed your address within 10 days of your move. Why didn't you do that?

[Anastasiya77 0]

My attorney in Salt Lake City didn't recommend that. She said that if my case will go to court and it will be in New Jersey - she will not be able to come and help me (which now I really doubt that she may be in any help). 

[Georgia16 2,858]

1 minute ago, Anastasiya77 said:

My attorney in Salt Lake City didn't recommend that. She said that if my case will go to court and it will be in New Jersey - she will not be able to come and help me (which now I really doubt that she may be in any help). 

Sounds like a big mess! 

Sorry you are dealing with this. Sounds like it would have been easier to just have filed with a regular divorce waiver. 

[Pinkrlion 2,607]

Why did u file VAWA when u have a 2 year green card? It will be denied as you don't qualify for the benefit. 

[Anastasiya77 0]

Well, yes, exactly. And I understand it only now. Back then, in 2017, when this free attorney was helping me -I was in shock, scared, and mentally traumatized, with minimum wage job, single mother (son is not from American ex spouse), didn't know anything about the filing process, laws and difficulties I may encounter. I have also no way to go back home as Eastern Ukraine is still occupied. I am really in need of any help or a good advise at this point now. And don't really have any support, I live on student loan. I need to see what is better to do at this point.

[Anastasiya77 0]

Just now, Pinkrlion said:

Why did u file VAWA when u have a 2 year green card? It will be denied as you don't qualify for the benefit. 

My attorney was filing I-751 for me when they referred me to get attorney's free help at Holy Cross Ministries. After she heard my story, she said that I am qualified to file for I-751 under VAWA. At that point, for filing only I-751 - because of the controlling and abusive nature of my ex spouse, I didn't really have enough documents to prove bona fide marriage - that what my attorney told me. So I just was happy to get that help from her, didn't know how everything will turn out.

[WandY 430]

Emotional abuse is not covered under VAWA.

[Georgia16 2,858]

6 minutes ago, Anastasiya77 said:

Well, yes, exactly. And I understand it only now. Back then, in 2017, when this free attorney was helping me -I was in shock, scared, and mentally traumatized, with minimum wage job, single mother (son is not from American ex spouse), didn't know anything about the filing process, laws and difficulties I may encounter. I have also no way to go back home as Eastern Ukraine is still occupied. I am really in need of any help or a good advise at this point now. And don't really have any support, I live on student loan. I need to see what is better to do at this point.

What evidence of the marriage do you have beside the one tax return?

[Pinkrlion 2,607]

3 minutes ago, WandY said:

Emotional abuse is not covered under VAWA.

It is covered with documentation. 

[Pinkrlion 2,607]

5 minutes ago, Anastasiya77 said:

My attorney was filing I-751 for me when they referred me to get attorney's free help at Holy Cross Ministries. After she heard my story, she said that I am qualified to file for I-751 under VAWA. At that point, for filing only I-751 - because of the controlling and abusive nature of my ex spouse, I didn't really have enough documents to prove bona fide marriage - that what my attorney told me. So I just was happy to get that help from her, didn't know how everything will turn out.

Just to clarify. Did you file I-751 and I-360 or did you file I-751 with an extreme cruelty waiver?

 

Look at your Notice of Action Receipts to see what you filed. 

[belinda63 2,981]

You could have just filed to remove conditions without the need for the abuse. But for either one you have to prove the marriage. You will need evidence the two of you were in a marital relationship. What evidence did you submit to obtain your green card and what evidence do you have from that point until the divorce that shows you were in a real marriage. 

You say all you have is the one tax return. There are no joint bills, bank accounts, loans, property, insurance, etc.?

[Anastasiya77 0]

1 hour ago, Georgia16 said:

What evidence of the marriage do you have beside the one tax return?

Here are all the evidences I filed so far: joint Tax return for 2015, letter from the American psychologist whom I went to see twice (letter says that I had divorced abusive spouse, have an adjustment disorder. That psychologist was useless and I didn't see her much), letter from my psychologist from Ukraine that I work with over Skype since my ex first kicked me out in the street in July of 2016 (even before I received my first Green Card in August of 2016) and I still in therapy with her now. She included her Ukrainian credentials. Police was called by neighbors in October of 2016, as my ex made a regular fight with me, putting me down over little things, they heard him yelling and screaming and me crying. He has border personality disorder that I didn't know about until after we got marry. Since that time fight with no major reason were regular, at least once a month. He was on meds, but they really didn't help much. I also attached a photo copy of his doctor's notes that clearly states his psychiatric diagnosis. I attached receipt from recreational center where he bought a membership for all the family- there is his name, mine, mi son's and his daughter. I also included letters from his mother (that said that we loved each other but fought very often), his sister's (that said how we spent holidays together and exchanged presents), his friends' (that we went on trips together and they saw us as a married couple, some said that they knew how he kicked me out of the house several times, some said that he was mentioning me as his wife, my sister's letter who was direct witness how after I fell and tore ligaments oh both of my knees didn't want to take care of me, instead he offered me to go back to Ukraine to fix my knees etc.). I included a safety patrol report, that says when I fell while skiing at the ski resort, and was with a husband(it said his name), taken from them to go home. He didn't provide me with med insurance. Instead he said either I go back to Ukraine to fix knees or wait on my first Green Card, get my job, get my own insurance and fix my knee. When I got my job I put him and his daughter on a dental plan insurance that I had through my employer (I started working in a call center dental insurance company), so I sent a letter of credible coverage, where my name, my ex's, my son's and his daughter. There was another police report - a well fare check when after another fight I didn't have anywhere to go, he kicked me out in the street with my son, without money and documents, police car picked me and my son in the middle of the night cause I didn't have a place to go, police officer tried to bring me back to my husband, my ex opened the door, but when he saw me and a police officer, he started yelling, slammed the door and kept yelling, even when police officer tried to talk to him. Police officer said that if I don't have place to go, he can take me to the shelter, but there was no place when he called and I stayed with the neighbors. The registration card from the library, where my ex brought to register my son- my ex's name is on it - document included. Registration card from my son's school where my ex's name as an emergency contact. My ex never adopted my son, so no documents on that. A few months after we divorced my ex (probably in one of his good and calm mind moments), sent me and e-mail, where he apologized to me for ''asking me to leave on occasions, not agreeing to go see a family therapist when I asked him to'', copy of that e-mail is included. My own letter, where I explain how several times if there was a disagreement he was threatening me to send back to Ukraine. Copies of my checks that I payed bills in his names with (for 2-3 months). Copy of document, stated that portion of my 2016 tax return $ 1600 was automatically applied to my ex's tax debt (total was $ 3000, he payed 1400, and left the rest unpaid, knowing that in 2016, when I will be filing for my tax return (he specifically said I will have to file 2016 separately from him and we were separated in 2016)). I guess that's mainly everything.

[Anastasiya77 0]

36 minutes ago, belinda63 said:

You could have just filed to remove conditions without the need for the abuse. But for either one you have to prove the marriage. You will need evidence the two of you were in a marital relationship. What evidence did you submit to obtain your green card and what evidence do you have from that point until the divorce that shows you were in a real marriage. 

You say all you have is the one tax return. There are no joint bills, bank accounts, loans, property, insurance, etc.?

Please see my answer to same question of Georgia16. Basically, he didn't own his house, his mother was the owner. He didn't want my name on the mutual bank account, he bought a car when we engaged, there was only his name on the title. On the divorce decree that he filed it stated: debt of Tax return of $ 3000, he will pay, together with remaining his student loan debt from many years ago and remaining car loan. Letters of his friends, that we constantly went on outdoor trips together, including pictures from those trips (him, me, his friends).

[Anastasiya77 0]

2 hours ago, Pinkrlion said:

Just to clarify. Did you file I-751 and I-360 or did you file I-751 with an extreme cruelty waiver?

 

Look at your Notice of Action Receipts to see what you filed. 

My attorney filed I-751 (because I already had my 2 year Green Card and he divorced me before 2 years were over) with an extreme cruelty waiver.