I-751 filed under VAWA

[Boiler 43,429]

Divorce Waiver would seem to be the simpler and more obvious option.

[Anastasiya77 0]

Just now, Boiler said:

Divorce Waiver would seem to be the simpler and more obvious option.

Well, thank you for the comment, but the things are what they are as of right now. As I mentioned before, I think the same, but at the same time, I didn't have enough documents(bank accounts, bills, loans, leases etc. in both names). Whatever was done is done and I am seeking now for a helpful advise, not what ''could have been done better''- unfortunately that's not helpful...If I knew better, I probably would have gathered more relevant documents, but I explained the same in my letter to USCIS: the fact that I don't have much of nice evidences, basically shows that I didn't think we will get divorced in the first place. I didn't know the law, requirements, and what should I do in a case if it won't work. I just loved the man.

[Boiler 43,429]

Both require you to show good faith marriage, so not sure why that option was chosen.

 

Seems very unusual for a Divorce Waiver not to be granted, simply not enough VJ evidence to comment on Abuse.

[Anastasiya77 0]

2 minutes ago, Boiler said:

Both require you to show good faith marriage, so not sure why that option was chosen.

 

Seems very unusual for a Divorce Waiver not to be granted, simply not enough VJ evidence to comment on Abuse.

This all was advised by my attorney. Did you see I listed the documents I submitted (explained above)? My attorney said that was more than enough, and her other clients were approved even with less than I had.

[belinda63 2,981]

All I can recommend at this time is work with your attorney. Seems like a long time to be waiting on a response to the RFE. Have you checked your case status online?

Yours in not a VAWA case, it is a removal of conditions. It should process like any other removal of conditions.

You are required to update your address within 30 days of moving if you are a green card holder. 

Edited October 6, 2019 by belinda63

[Anastasiya77 0]

Just now, belinda63 said:

All I can recommend at this time is work with your attorney. Seems like a long time to be waiting on a response to the RFE. Have you checked your case status online?

My attorney isnt' doing anything, she can't even tell me if change of address will hurt my case. All she did was- filling the initial petition, and when USCIS sent me evidence request, I was gathering all information, she just mailed it. I could have done the same basically myself. On the USCIS website my status is: my response on their request of evidence was received and they will continue working on my case again. It has been 6 months now, since they received it.

[Anastasiya77 0]

5 minutes ago, belinda63 said:

All I can recommend at this time is work with your attorney. Seems like a long time to be waiting on a response to the RFE. Have you checked your case status online?

I understand, that right now all I can do is wait. My only question here was - if I can change address from Salt Lake to New Jersey without hurting the process of my case and if so, can I do it only by mailing them?

[Shiran 1,134]

26 minutes ago, Anastasiya77 said:

I understand, that right now all I can do is wait. My only question here was - if I can change address from Salt Lake to New Jersey without hurting the process of my case and if so, can I do it only by mailing them?

https://www.uscis.gov/addresschange This outlines procedures for name change, including cases of Domestic abuse. I believe address change can be done online, but USCIS does have a tendency to be slow on the update and updating their system, so I would call a week or two after requesting name change, and make sure it is updated in their system, and they know you now have different field office. 

[portorusa 431]

4 hours ago, WandY said:

Emotional abuse is not covered under VAWA.

You are wrong.

Emotional and/or mental abuse is covered under VAWA.

[portorusa 431]

Sorry it happened to you and for the hard times you and your son are going through. You need to fire your attorney, change your address to NJ, and wait a little more. If nothing heard from USCIS, make them a call and ask for status check. If that does not help, ask for help from your NJ Congressman’s office, they can make an inquiry for you.

I think you need to go to VAWA thread on this forum, there are more knowledgeable people there. Good luck!

[Georgia16 2,858]

3 hours ago, Anastasiya77 said:

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.

So for marriage I can see you have:

 

2015 Tax return

Dental insurance with You, Husband and 2 kids.

Library card with Son and husbands name

Contact for the school with both names.

Bills paid with both names? His on the bill and you paying.

2016 tax return bill with both names on it.

 

Did you can car insurance with both names?

Drivers license showing living at the same address?

Bills or anything else showing you lived at the same address?

Memberships? 

 

 

Also your case is out of their timeline. What service center do you have? 

Have your lawyer contacted them saying it's out of processing time?

 

[Georgia16 2,858]

1 hour ago, belinda63 said:

All I can recommend at this time is work with your attorney. Seems like a long time to be waiting on a response to the RFE. Have you checked your case status online?

Yours in not a VAWA case, it is a removal of conditions. It should process like any other removal of conditions.

You are required to update your address within 30 days of moving if you are a green card holder. 

It's the sponsor that have 30 days. The immigrant have to do it within 10 days of the move.

[Anastasiya77 0]

1 hour ago, portorusa said:

Sorry it happened to you and for the hard times you and your son are going through. You need to fire your attorney, change your address to NJ, and wait a little more. If nothing heard from USCIS, make them a call and ask for status check. If that does not help, ask for help from your NJ Congressman’s office, they can make an inquiry for you.

I think you need to go to VAWA thread on this forum, there are more knowledgeable people there. Good luck!

Thank you very much

[Anastasiya77 0]

40 minutes ago, Georgia16 said:

So for marriage I can see you have:

 

2015 Tax return

Dental insurance with You, Husband and 2 kids.

Library card with Son and husbands name

Contact for the school with both names.

Bills paid with both names? His on the bill and you paying.

2016 tax return bill with both names on it.

 

Did you can car insurance with both names?

Drivers license showing living at the same address?

Bills or anything else showing you lived at the same address?

Memberships? 

 

 

Also your case is out of their timeline. What service center do you have? 

Have your lawyer contacted them saying it's out of processing time?

 

His name on the bill and I payed it, tax return for 2016 is only with my name on it. When I managed to have drivers license- at that time he already pretty often was kicking me out of the house, that's why I couldn't have DL with his address, was afraid of his rage. 

[Anastasiya77 0]

19 minutes ago, Anastasiya77 said:

His name on the bill and I payed it, tax return for 2016 is only with my name on it. When I managed to have drivers license- at that time he already pretty often was kicking me out of the house, that's why I couldn't have DL with his address, was afraid of his rage. 

My lawyer hasn't contacted them and the processing office is in California