Help!! Can I apply for a vawa visa?

[Nat&Amy 623]

3 hours ago, lil mama said:

Due to the fact the spousal visa was filed in oct 2020 after the marriage and states I am unable to until approval.

I am not sure if you saw my earlier post, but I think your case here might be used as future reference for others that find themselves in a somewhat similar situation, so it is important to be thorough. Unless I am mistaken, evidence of a bonafide relationship will be required. What evidence will you be able to show to prove that you entered marriage in good faith? 

Edited August 19, 2021 by Nat&Amy

[PaulaCJohnny 712]

27 minutes ago, Boiler said:

She lives in Canada, that would be the logical place to file.

 

Haha that was not my point. But thanks anyway 

[lil mama 7]

5 minutes ago, Nat&Amy said:

I am not sure if you saw my earlier post, but I think your case here might be used as future reference for others that find themselves in a somewhat similar situation, so it is important to be thorough. Unless I am mistaken, evidence of a bonafide relationship will be required. What evidence will you be able to show to prove that you entered marriage in good faith? 

Pictures during relationship and from wedding , rings , copy of I94 shows how many times I traveled into usa per month to see him, marriage certificate. Text messages and call lists. 

[PaulaCJohnny 712]

3 minutes ago, lil mama said:

Pictures during relationship and from wedding , rings , copy of I94 shows how many times I traveled into usa per month to see him, marriage certificate. Text messages and call lists. 

Any joint bank account? Do you have your marriage certificate? Credit card together?

[lil mama 7]

6 minutes ago, PaulaCJohnny said:

Any joint bank account? Do you have your marriage certificate? Credit card together?

Nothing financially together as I wasnot residing there and have no usa address. Marriage certificate was included in list.

[belinda63 2,981]

If you feel you have a case then you need to read the instructions for the I-360 and file it along with all the required documents. 

 

1. Evidence of the abuser’s U.S. citizenship or lawful permanent resident status; 2. Marriage and divorce decrees, birth certificates, or other evidence of your legal relationship to the abuser; Form I-360 Instructions 06/09/20 Page 7 of 16 3. One or more documents showing that you and the abuser have resided together, such as employment records, utility receipts, school records, hospital or medical records, birth certificates of children, mortgages, rental records, insurance policies, or affidavits; 4. 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. If you have an order of protection, or have taken other legal steps to end the abuse, you should submit copies of those court documents; 5. If you are 14 years of age or older, your affidavit of good moral character accompanied by a local police clearance, state-issued criminal background check, or similar report from each locality or state in the United States or abroad where you have resided for six or more months during the 3-year period immediately before the filing of your self-petition; and 6. If you are a spouse, submit evidence showing your marriage was entered in good faith, such as proof that one spouse has been listed as the other’s spouse on insurance policies, property leases, properly filed tax forms, or bank statements. You may also submit your affidavit or affidavits of others who have knowledge of your courtship, wedding ceremony, shared residence, and other life experiences, if available.

[Daphne . 1,709]

@lil mama; I am so sorry to hear that it did not work out for you.. What I am trying to understand is why you still want to go ahead and move to the US? You mentioned you only visited, so what kind of network would you have there? 
Not criticizing, I am just trying to understand.

The only reason I moved to the US is because my husband lives here and for him moving to The Netherlands would not be an option. I have been here 2 years and would probably still move back to The Netherlands if we ended up divorcing

[HRQX 4,145]

***I have moved this topic to Effects of Major Family Changes on Immigration Benefits forum*****

[SalishSea 16,912]

I guess I just don't understand the premise of filing for VAWA without ever having lived together.   Is that stipulation to VAWA eligibility waiverable?

[Demise 1,138]

1 hour ago, Jorgedig said:

I guess I just don't understand the premise of filing for VAWA without ever having lived together.   Is that stipulation to VAWA eligibility waiverable?

It's not waiveable, but "living together" is a flexible term that really isn't defined anywhere nor does it have any kind of time requirement attached to it in either the INA or Policy Manual. So, as long as you stayed under one roof as spouses at some point, you can argue it.

[Kingdomcome84 18]

I guess I just don't understand the premise of filing for VAWA if the spousal visa isn't approved. If your husband successfully cancels the pending petition, that also eliminates the purpose to VAWA in the first place.

 

Most that were in your situation and married on a tourist visa usually stick around and overstay till they get their greencard with their spouse or fish around until they find a new potential partner to marry. People that seek VAWA outside the country are all K1's because they had an immigration intent to permanently live in the US

 

Your visa was granted to visit. What visa are you seeking to re-enter the US and on what basis? I'm asking that because if your husband cancels the i-130, your CR1 never gets issued. VAWA is not a visa and marriage alone does not grant immigration benefits by itself 

[HRQX 4,145]

8 hours ago, kingdomcome84 said:

If your husband successfully cancels the pending petition,

OP would have to file a self-petition via Form I-360: https://www.uscis.gov/i-360 The form's instructions: https://www.uscis.gov/sites/default/files/document/forms/i-360instr.pdf

Quote

If you are living abroad at the time of filing your petition, you may file the petition if:

1. The abuser is an employee of the U.S. Government;
2. The abuser is a member of the uniformed services; or
3. You were subjected to battery or extreme cruelty in the United States.

For that process OP would be exempt to the I-864 requirement: https://www.uscis.gov/i-864w

8 hours ago, kingdomcome84 said:

What visa are you seeking to re-enter the US and on what basis?

With the IB-1 category immigrant visa: https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/MonthlyIVIssuances/Immigrant Visa Symbols.pdf INA 204(a)(1)(A)(iii)

Edited August 20, 2021 by HRQX

[corrheag 2]

Hi everyone,

 

Please be aware that it is simply not true that you cannot file a VAWA self petition outside of the US. You can and the US citizen does not need.to be in the US military or positioned with a US organization either. This is not true. What is true, though, is that the abuse by the US spouse or Permanent Resident had to have occurred inside of the US. You will also need to prove that you entered into the marriage in good faith. So you may need several Affidavits, maybe from the officiat and attendees at the wedding and proof of joint bank accounts, etc.

 

Please be advised that you will need to provide an extensive amount of proof of abuse which includes psychological assessment, police reports, photos, etc. So unless you can provide all of the proof VAWA may not be a good choice.

[corrheag 2]

On 8/20/2021 at 4:03 AM, kingdomcome84 said:

I guess I just don't understand the premise of filing for VAWA if the spousal visa isn't approved. If your husband successfully cancels the pending petition, that also eliminates the purpose to VAWA in the first place.

 

Most that were in your situation and married on a tourist visa usually stick around and overstay till they get their greencard with their spouse or fish around until they find a new potential partner to marry. People that seek VAWA outside the country are all K1's because they had an immigration intent to permanently live in the US

 

Your visa was granted to visit. What visa are you seeking to re-enter the US and on what basis? I'm asking that because if your husband cancels the i-130, your CR1 never gets issued. VAWA is not a visa and marriage alone does not grant immigration benefits by itself 

With VAWA a component of it is that the US/Permanent Resident spouse will threatened to cancel victims chances of getting a visa to enter the US. So, the fact that he cancelled can only further prove her point. She has two years to file from the date of divorce and if she is still legally married she can still apply.

[TBoneTX 43,433]

An unrelated post has been split from this thread, moved to the Asia: South regional forum, and given the topic title "Kabul Embassy Closed -- how to pursue visa?  [split topic]."