Am I eligible for the VAWA process ?? (merged)

[Sam100 2]

Hi ,

 

I hope you are doing well & safe.

 

 let me be brief about my situation I am from India currently working in Dubai 

 

I have a query about CR 1 Visa. I'm looking for a lawyer who can help me with this case. my I130 is approved from USCIS on 21 Jan 2015 now my case is under NVC but the problem is. It's been 6 years since she keeps threatening me and abuse what is the way to continue this case without the petitioner? 

 

am I eligible for the VAWA process ??

 

Looking forward to your reply 

 

 

 

Edited July 27, 2021 by sagar.bhandari

[Pinkrlion 2,607]

Where do u live?  Have u ever lived in the US?

Edited July 27, 2021 by Pinkrlion

[Sam100 2]

no im from india and currently live in Dubai 

[Sam100 2]

https://www.uscis.gov/humanitarian/battered-spouse-children-and-parents/questions-and-answers-battered-spouses-children-and-parents-under-the-violence-against-women-act

 

it shows that i can apply for VAWA please help me 

[SteveInBostonI130 3,319]

No, you are not eligible for the VAWA process. That is only for those who already have their green card and need to file for removing conditions without their spouse.

 

It took 6 years for your I-130 to be approved by USCIS?

[Sam100 2]

no i got approved i130 on 21 jan 2015 but some reason we are not together anymore

 

but it showing on below link that spouse could apply for VAWA if abused

 

https://www.uscis.gov/i-360 

[Pinkrlion 2,607]

Tthen no, you have to live in the US to file. Where is your wife?

 

Edited July 27, 2021 by Pinkrlion

[Sam100 2]

please the attached 

[Pinkrlion 2,607]

1 minute ago, sagar.bhandari said:

please the attached 

That is if the abuse occured in the US and you left to go abroad for your safety.  Where is your wife living.

[Sam100 2]

let me brief you again.

i got married  in india in 2014 after marry she abused me physically as well.   my wife went back to USA and she applied CR 1 Visa for me and i got i130 approved 

then USCIS transferred my case to NVC but she is not ready to continue my case and she keeps threatening me and abuse im stuck in between 

and also she not ready to divorce even.

thats why im thinking to go with VAWA application 

 

[Pinkrlion 2,607]

Where is your wife living?

[Sam100 2]

IL USA

Edited July 27, 2021 by sagar.bhandari

[Pinkrlion 2,607]

Then no you cannot file for VAWA, you have not lived in the US with your spouse

[Sam100 2]

I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support

Use this form to establish that applicant is exempt from the Form I-864 requirements

Forms and Document Downloads

Form I-864W (PDF, 363 KB)

Instructions for Form I-864W (PDF, 216.08 KB)

[Pinkrlion 2,607]

This form is for after VAWA approval, means nothing at this time.

Edited July 27, 2021 by Pinkrlion