I-751 filed under VAWA

[geowrian 22,335]

To reiterate some points...

• There is no VAWA here. This is a ROC case w/ an abuse waiver. VAWA would cover an AOS case to get the green card.
• An abuse waiver requires showing abuse AND a bona fide marriage. A divorce waiver requires showing a divorce and a bona fide marriage.
  • The main advantage - IMHO - of the abuse option is that the case is handled by IOs familiar with the difficulties of obtaining certain bona fide marriage evidences in an abusive relationship. The case is also better protected from information disclosure (so the abusive spouse cannot easily gain access to the information or try to sabotage it).
  • That said, filing with the abuse waiver can backfire. If one does not demonstrate meeting the requirements for the waiver, the entire petition can be denied. It's not something "on top of" a normal petition where it falls back to a normal one if one condition isn't met. If filing with an abuse waiver, one must show both abuse and a bona fide marriage.

 

[Anastasiya77 0]

1 hour 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?

 

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

 

[Anastasiya77 0]

16 minutes ago, geowrian said:

To reiterate some points...

• There is no VAWA here. This is a ROC case w/ an abuse waiver. VAWA would cover an AOS case to get the green card.
• An abuse waiver requires showing abuse AND a bona fide marriage. A divorce waiver requires showing a divorce and a bona fide marriage.
  • The main advantage - IMHO - of the abuse option is that the case is handled by IOs familiar with the difficulties of obtaining certain bona fide marriage evidences in an abusive relationship. The case is also better protected from information disclosure (so the abusive spouse cannot easily gain access to the information or try to sabotage it).
  • That said, filing with the abuse waiver can backfire. If one does not demonstrate meeting the requirements for the waiver, the entire petition can be denied. It's not something "on top of" a normal petition where it falls back to a normal one if one condition isn't met. If filing with an abuse waiver, one must show both abuse and a bona fide marriage.

 

Everything that was filed and how it was filed was under my lawyer's decision and control.

[geowrian 22,335]

1 minute ago, Anastasiya77 said:

Everything that was filed and how it was filed was under my lawyer's decision and control.

Under his guidance - you are solely in control of and responsible for any decisions made with your case.

[belinda63 2,981]

At this point you need to take control of your case. Since you have not changed your address it is possible mail was sent to your old address and you never received it. When was the last time you spoke with your attorney?

 

[Georgia16 2,858]

25 minutes ago, Anastasiya77 said:

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

 

What have your lawyer done for you?

 

Not guided you right for you case. You have an RFE that have been pending a long time. What does your case tracker say? Where does your mail go to now that you haven't changed address?

She has also told you to lie to USCIS about your address which is a no no and she has not done anything to check up on your case. 

You have to take all of this into your own hands. 

[Anastasiya77 0]

1 minute ago, Georgia16 said:

What have your lawyer done for you?

 

Not guided you right for you case. You have an RFE that have been pending a long time. What does your case tracker say? Where does your mail go to now that you haven't changed address?

She has also told you to lie to USCIS about your address which is a no no and she has not done anything to check up on your case. 

You have to take all of this into your own hands. 

Aside of just doing some filling of that initial I-751 and mailing stuff she hasn't done anything. All the replies  and notifications from USCIS come to her office. USCIS website process time tracker says that average processing time of I-751 is 15-20.5 months. But that's regular, mine, which is with extreme cruelty waiver - case received in September 15th of 2017, request for evidence I received in the beginning of March of 2019. USCIS received my additional evidences on May 6th of 2019. Nothing since.

I guess this is the time I change my address right now.

[Anastasiya77 0]

17 minutes ago, geowrian said:

Under his guidance - you are solely in control of and responsible for any decisions made with your case.

Right. Why would  people then hire an attorney in the first place, if they have to know everything that relates to the case anyway. At that point I am as much in control as you are when you come to a dentist's office, he places a filling for you. Then down the road it turns out that filling was placed improperly and it ruined your tooth, what would you say then? If I knew all the immigration laws, I surely would consciously know pros and cons and act accordingly. Why would I need an attorney in the first place? 

[geowrian 22,335]

1 minute ago, Anastasiya77 said:

Right. Why would  people then hire an attorney in the first place, if they have to know everything that relates to the case anyway. At that point I am as much in control as you are when you come to a dentist's office, he places a filling for you. Then down the road it turns out that filling was placed improperly and it ruined your tooth, what would you say then? If I knew all the immigration laws, I surely would consciously know pros and cons and act accordingly. Why would I need an attorney in the first place? 

ROC is not a dentist's office. I'm not saying don't follow their guidance, but they are not the ones in control of it nor responsible for it. You must always stay on top of your own case, be involved, learning more, etc.

[Anastasiya77 0]

24 minutes ago, belinda63 said:

At this point you need to take control of your case. Since you have not changed your address it is possible mail was sent to your old address and you never received it. When was the last time you spoke with your attorney?

 

They always send mail to my lawyer's office. I emailed her a week ago , asking a question about address change. She replied me in 5 days, saying, that Info Pass doesn't work anymore, I need to call USCAS and figure it out. I already know how USCIS work now with Info Pass, so I said to her -HOW-wasn't my question. The question was- if it was going to influence my case, and if not- how do I change the address with my type of the case, since it's protected

Just now, geowrian said:

ROC is not a dentist's office. I'm not saying don't follow their guidance, but they are not the ones in control of it nor responsible for it. You must always stay on top of your own case, be involved, learning more, etc.

Thank you for your response.

[belinda63 2,981]

You need to take control of your case. You are wayyyyyyyyy past when you should have received a response to the RFE. I strongly suggest you change your address follow these instructions and make an info pass appointment ASAP. You can make the info pass appointment at your local office. It does not sound like your attorney is doing much of anything. It is your responsibility to keep up with the case. Attorneys have hundreds of cases they deal with and if you are approved or not does not affect them in anyway so they have no reason to be pro-active for you. 

[Going through 5,668]

3 hours ago, Anastasiya77 said:

Right. Why would  people then hire an attorney in the first place, if they have to know everything that relates to the case anyway. At that point I am as much in control as you are when you come to a dentist's office, he places a filling for you. Then down the road it turns out that filling was placed improperly and it ruined your tooth, what would you say then? If I knew all the immigration laws, I surely would consciously know pros and cons and act accordingly. Why would I need an attorney in the first place? 

Thing is, with using a lawyer for anything related to immigration---no one is going to be more vested in your case, than you.  

Even with a lawyer---they can suggest, guide, fill out forms, whatever---but in the end, it's your signature, your immigration, your job to keep on top of things as best as you can---and yes, you are the one in control---not the lawyer.  The lawyer is someone who works for YOU, not the other way around, to put it in basic terms.  

 

Water under the bridge at this point---what's done is done.  

 

Going forward, yes, file the AR-11 now to change your address.  ROC with a divorce waiver would have been a lot easier route for you than an abuse waiver.  And many with a divorce waiver successfully complete their ROC without the assistance of a lawyer.  Divorce waiver you would need to prove entering a bonafide marriage...abuse/extreme cruelty waiver you have to now prove a bonafide marriage PLUS any abuse claim.  Much harder criteria to fill...which is why some members in this thread (including myself) are questioning what was going through that lawyer's mind when she recommended that path to you.

 

Your lawyer is also advocating that you (somewhat) lie to USCIS about the change of address.  If you really want to continue using a lawyer, I would suggest getting a new one.

 

 

[Kingdomcome84 18]

15 hours ago, Pinkrlion said:

It is covered with documentation. 

how does one prove emotional abuse? and what's worst is how can one prove their spouse caused the emotional abuse? and how do you get documentation relating to this

[geowrian 22,335]

2 minutes ago, kingdomcome84 said:

how does one prove emotional abuse? and what's worst is how can one prove their spouse caused the emotional abuse? and how do you get documentation relating to this

Usually through reports from a psychologist and/or professionals at shelters.

Edit: There's also things like text messages, police reports, etc. that can show a pattern of emotional abuse.

Edited October 7, 2019 by geowrian

[Kingdomcome84 18]

3 minutes ago, geowrian said:

Usually through reports from a psychologist and/or professionals at shelters.

I always see these facts can be made up because you can. These claims get filed months or years later. these claims are loopholes in the system.

VAWA needs to stick to just police reports, restraining orders OR such emotional abuse claim that shows proof that the event happened while the marriage was ongoing.