Seeking Some Clarification About Bona Fide Marriage And My AoS

[DeadliftingDad 3]

Morning everyone!

 

I was wondering if someone could help me clarify something regarding AoS, in particular the I-765, and proving you one was in a bona fide marriage.

 

I was doing some research on here, and it seems some individuals have separated/divorced their spouse while going through the process of AoS.  I have been in my marriage for nearly three years now, and unable to work due to my husband not filing the forms.  I eventually took matters into my own hands and submitted all the paperwork the lawyers needed, which included plenty of evidence we were in a bona fide marriage (a lease agreement with both our names on it, joint credit cards, birthday and anniversary cards written to each other, plane tickets to different cities we traveled together, our healthcare cards, too).

 

If I'm reading correctly, it seems it is possible to separate from my partner while I'm going through an AoS.  But I was hoping I can get some more clear insight.  I talked to my lawyer about this, and they simply said "Wait until you get your receipt to discover what your options are"

 

If it helps my case, these are the forms that were filed: I-130, I-131, I-485, I-765, I-864, I-944

[arken 4,197]

Separation or divorce while AOS is pending will very likely result in the denial.

 

Any reason you want to separate?

[DeadliftingDad 3]

12 minutes ago, arken said:

Separation or divorce while AOS is pending will very likely result in the denial.

 

Any reason you want to separate?

 

After doing some further research this is what I concluded.

 

He has changed. Without going into too much detail, he has been numbing a lot of pain with substances, which makes me unpredictable at times. He has been abusive with me, both emotionally and physically.  Him never making my AoS a priority even though we had the money. There was always an excuse not to file.  I eventually took the matter into my own hands and asked a friend for a personal loan, so I could pay off the lawyer and the accountant for his income taxes.  I found out he hasn't paid his income taxes for at least the last three years. 

 

I was considering going the VAWA option, but from what I've read that can take up to two - three years, and I won't have the ability to work or travel while it is processing.  Furthermore, if I were to leave the US, can get a ten year ban on re-entry, which I'd really like to avoid. 

[bradoony 54]

42 minutes ago, DeadliftingDad said:

Morning everyone!

 

I was wondering if someone could help me clarify something regarding AoS, in particular the I-765, and proving you one was in a bona fide marriage.

 

I was doing some research on here, and it seems some individuals have separated/divorced their spouse while going through the process of AoS.  I have been in my marriage for nearly three years now, and unable to work due to my husband not filing the forms.  I eventually took matters into my own hands and submitted all the paperwork the lawyers needed, which included plenty of evidence we were in a bona fide marriage (a lease agreement with both our names on it, joint credit cards, birthday and anniversary cards written to each other, plane tickets to different cities we traveled together, our healthcare cards, too).

 

If I'm reading correctly, it seems it is possible to separate from my partner while I'm going through an AoS.  But I was hoping I can get some more clear insight.  I talked to my lawyer about this, and they simply said "Wait until you get your receipt to discover what your options are"

 

If it helps my case, these are the forms that were filed: I-130, I-131, I-485, I-765, I-864, I-944

What about I 130A ???

[DeadliftingDad 3]

1 minute ago, bradoony said:

What about I 130A ???

I apologize, the I130A is in there. So is the G-28 form, too

[igoyougoduke 1,614]

Staying put and file as spouse of US citizen or file VAWA with 

38 minutes ago, arken said:

Separation or divorce while AOS is pending will very likely result in the denial.

 

Any reason you want to separate?

She plans to file VAWA which allows to AOS. separation is not issue as long as marriage was entered in good faith

[DeadliftingDad 3]

4 minutes ago, James120383 said:

She plans to file VAWA which allows to AOS. separation is not issue as long as marriage was entered in good faith

 

Hi James, can you expand on this.  Can I file the VAWA route while my current AoS is still processing?

[Quarknase 1,072]

How were you able to file without your spouses cooperation?

 

You can file for VAWA while AOS is pending. You will file the I-360 along with all required documentation, but no new I-131, I-765 and I-485. Once you have the receipt notices for those, you can attach a copy to your cover letter when filing I-360 and ask for them to be moved from concurrent filing with I-130 to the I-360 as a victim of abuse.

 

I highly recommend that you join the current VAWA thread here: 

 and also do some reading in the older VAWA threads (same name, but declining “Part” numbers) to educate yourself on the process. Most people here file without a lawyer since we’re a DIY forum. If you decide to use one, you should make sure that they know what they’re doing.

 

If you file VAWA, since you have filed a concurrent I-485 and EAD under category C09, you will receive the EAD and will be able to work once it’s approved.

Once you have the approved advance parole you are also eligible to travel - some people recommend not to travel if there’s an overstay (I understand you have approx. 3 years of illegal presence?), but other day it’s not an issue.

Bottom line only US Citizens are guaranteed entry to the United States, but folks in the VAWA thread will be able to share their experiences regarding travel as well.

[igoyougoduke 1,614]

46 minutes ago, DeadliftingDad said:

 

Hi James, can you expand on this.  Can I file the VAWA route while my current AoS is still processing?

Please fill in your timeline, what forms you have filed and what has been approved ? 

 

Read through this https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8

Edited June 27, 2020 by James120383

[DeadliftingDad 3]

17 minutes ago, Quarknase said:

How were you able to file without your spouses cooperation?

 

You can file for VAWA while AOS is pending. You will file the I-360 along with all required documentation, but no new I-131, I-765 and I-485. Once you have the receipt notices for those, you can attach a copy to your cover letter when filing I-360 and ask for them to be moved from concurrent filing with I-130 to the I-360 as a victim of abuse.

 

I highly recommend that you join the current VAWA thread here: 

 and also do some reading in the older VAWA threads (same name, but declining “Part” numbers) to educate yourself on the process. Most people here file without a lawyer since we’re a DIY forum. If you decide to use one, you should make sure that they know what they’re doing.

 

If you file VAWA, since you have filed a concurrent I-485 and EAD under category C09, you will receive the EAD and will be able to work once it’s approved.

Once you have the approved advance parole you are also eligible to travel - some people recommend not to travel if there’s an overstay (I understand you have approx. 3 years of illegal presence?), but other day it’s not an issue.

Bottom line only US Citizens are guaranteed entry to the United States, but folks in the VAWA thread will be able to share their experiences regarding travel as well.

Thank you for the reply, Quark.

 

My spouse started the process with me, but he essentially dropped the ball. He kept saying he would do it over and over when I asked him, but he never did. 

 

If I'm understanding this correctly, I can I will file a 1-360, but no new  I-131, I-765 and I-485.  Will they just re-adjust the way I'm filing?  As well, if I do go the VAWA route, I can get the ability to work because I have already filed a I-485, which I'm waiting for approval

5 minutes ago, James120383 said:

Please fill in your timeline, what forms you have filed and what has been approved ? 

 

Read through this https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8

I have filed out my timeline the best I could.  I'm still waiting for my receipt. 

 

I'll go ahead and read the link, too

[Allaboutwaiting 2,500]

Self petitioning under VAWA applies for victims of battery or extreme cruelty and requires evidence of the abuse, such as reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel.

 

Based on your previous posts/threads, you don't seem to qualify as self petitioner under VAWA.

Edited June 27, 2020 by Allaboutwaiting

[DeadliftingDad 3]

1 minute ago, Allaboutwaiting said:

Self petitioning under VAWA applies for victims of battery or extreme cruelty and requires evidence of the abuse, such as reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel.

 

Based on your previous posts/threads, you don't seem to qualify as self petitioner under VAWA.

 

My husband was physically violent with an individual that was living with us.  The police were called, but the charges were dropped.  He was then again violent with the same person. I have talked to my therapist about this, too.  I know it is not much to go off of. But I'm trying to consider all my options

[Allaboutwaiting 2,500]

1 minute ago, DeadliftingDad said:

My husband was physically violent with an individual that was living with us.  The police were called, but the charges were dropped.  He was then again violent with the same person. I have talked to my therapist about this, too.  I know it is not much to go off of. But I'm trying to consider all my options

The eligibility requirement is for YOU to have suffered battery or extreme cruelty by your spouse, and evidence is mandatory when you file under the violence act. 

[DeadliftingDad 3]

2 minutes ago, Allaboutwaiting said:

The eligibility requirement is for YOU to have suffered battery or extreme cruelty by your spouse, and evidence is mandatory when you file under the violence act. 

 

Him calling me a little , a little piece of , as well as smacking me up side the head is a start.

 

As well, him blaming me for his depression, telling me he hates me, and that I'm the root cause of all his problems, Furthermore, that he wants me out of his life (multiple times) may not be enough for the case, but like I said, i don't know how much more I can take and I'm exploring all my options

 

Regarding evidence, there is video evidence of our fights. 

[Timona 3,970]

Just curious. If he wasn't cooperative,  how'd you get him to sign the AOS papers? Or how'd you get his signature?