Family Issues

[ATL0201 0]

Hi Everyone, I will like to know if this is a cogent  reason to file for Vawa;

On Dec 22nd 2020, my wife came back from work with a pregnancy report and she categorically told me that I'm not the father of the baby. I thought  she was joking  or something but then I did some calculation based on the result and she might be right. Alot of events have happened between Dec 22nd and now but at this moment, I'm going crazy as we have been married since 2018, filed my I485 the same year, gone for 3 interview but I haven't gotten my green card yet.

Before I make further step of getting divorce, I will like to know if this situation is good enough to file for VAWA. I will appreciate your candid advise. Thanks

[Crazy Cat 41,980]

You need to speak to an attorney.  3 interviews could be a sign of other issues.

Edited January 9, 2022 by Crazy Cat

[JeanneAdil 6,554]

1 minute ago, Crazy Cat said:

You need to speak to an attorney.

Get a consultation with an experienced immigration attorney for that question

not sure an affair is considered abuse

so,  are u suffering in an abusive relationship?

and do the 2 of u want the divorce?

or will u consider marriage consulting?

 

seems since she told u this ,  you 2 have some kind of good communication and a baby (even if not yours) can be so precious

[arken 4,197]

I doubt infidelity is a vawa category but seeking an attorney is a good idea.

[Rocio0010 5,579]

The key question is why did you have three interviews? 

[SteveInBostonI130 3,467]

It seems this is not VAWA, but as others have suggested, verify with an attorney.

 

You can file with just a divorce waiver, but that is for the removal of conditions.  Your AOS taking this long and requiring multiple interviews is the more pressing issue regarding your immigration.

[Mike E 11,740]

4 hours ago, ATL0201 said:

 

On Dec 22nd 2020, 

That was over a year ago.  

[Dashinka 24,592]

Just now, Mike E said:

That was over a year ago.  

Possibly a typo.

 

To the OP, as others have said, there is a lot to sort out both in your relationship and with your immigration journey.  The delay in completing the AOS with multiple interviews seems unrelated to the current relationship situation.  Were any of the interviews of the Stokes variety?  Regardless, in my opinion, you need to work through your personal issues now and focus less on the immigration stuff.

 

Good Luck!

[Rocio0010 5,579]

4 hours ago, ATL0201 said:

Dec 22nd and now

Well, yeah. A year has passed!

 

4 hours ago, ATL0201 said:

gone for 3 interview but I haven't gotten my green card yet.

What happened at the three interviews? 

Where are you from?

Where is your wife from?

4 hours ago, ATL0201 said:

is good enough to file for VAWA

Have you been victim of abuse?

[ATL0201 0]

Sorry Guys, I meant Dec 2021, I haven't been thinking straight lately

3rd interview was stokes interview

[Lemonslice 4,886]

3 minutes ago, ATL0201 said:

Sorry Guys, I meant Dec 2021, I haven't been thinking straight lately

3rd interview was stokes interview

Why do you think you got so many interviews?  How did you come to the USA - what kind of visa? When?

[Boiler 45,659]

Hopefully you are somewhere safe, what is the nature of the abuse? 

[Rocio0010 5,579]

9 minutes ago, ATL0201 said:

Sorry Guys, I meant Dec 2021, I haven't been thinking straight lately

3rd interview was stokes interview

Can you please answer my questions to get a better understanding of the situation?

[Demise 1,295]

For VAWA you need battery or extreme cruelty.

Battery is pretty simple because there's no requirements for pattern of behavior here. Your spouse ever hit you? That's a battery.

Extreme cruelty is a bit more complicated since it requires a pattern of behavior - a pile of bad things where most of them taken on their own are not terrible but taken together show that your spouse was a piece of(removed)

 

Is adultery enough on its own for a VAWA claim? No.

Is adultery a factor in an extreme cruelty determination? Yes.

 

Definitely consult with a lawyer here who does VAWA cases, one because they'll be able to tell if you have a case or not, and two because people tend to normalize their own abuse because someone out there has it worse.

Edited January 9, 2022 by Ontarkie
by-passing language filter

[Ontarkie 14,275]

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