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Heyyall

Should I file for VAWA? Advise needed

By Heyyall in Effects of Major Family Changes on Immigration Benefits

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Heyyall Newbie

Heyyall   0

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Hi everyone I am truly the saddest I have ever been in my life. 

I found all the notes my husband has been writing about me and our marriage. 
How he plans on getting a divorce soon 

How he plans to upgrade from me soon. 
How he’s using me for only sex. 

This is not the marriage I signed up for. I love this man to pieces and have been so sad after I saw all these. There no love from him in my marriage. The thing he filed both my AOS and I-130, but I want to let those go and file for vawa instead. 

Do I qualify for that? I am not sure what to do? 

 

 

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JeanneAdil Grand Master

JeanneAdil   6,196

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Filed: Citizen (apr) Country: Morocco
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First i am very sorry u experience this

sounds like he uses everybody and i feel bad also for his "upgrade "  person  

 

you don't have to have sex with him / its not a requirement to stay here in the US

 

and some people (men and women)  write a lot of BS on sites as the they are insecure / its not u ,  its him

 

i would keep the AOS as is and if he does seek divorce,  sign the papers,  get a copy,    apply for the divorce waiver if you need to

BTW u can ask for alimony in a divorce settlement to help u get reestablished 

 

First i would ask him to go to counseling and see if u can save the marriage 

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Boiler Grand Master

Boiler   43,433

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You do not mention anything that happened that is relevant to VAWA.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   39,226

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Filed: Citizen (apr) Country: Taiwan
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1 hour ago, Heyyall said:

Hi everyone I am truly the saddest I have ever been in my life. 

I found all the notes my husband has been writing about me and our marriage. 
How he plans on getting a divorce soon 

How he plans to upgrade from me soon. 
How he’s using me for only sex. 

This is not the marriage I signed up for. I love this man to pieces and have been so sad after I saw all these. There no love from him in my marriage. The thing he filed both my AOS and I-130, but I want to let those go and file for vawa instead. 

Do I qualify for that? I am not sure what to do? 

 

 

Protect yourself physically and financially (through a good divorce attorney) if divorce is inevitable.  I am no expert regarding VAWA, but I don't see anything in your post which suggests VAWA would be applicable.  Good luck.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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carmel34 Experienced

carmel34   3,531

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Filed: Citizen (apr) Country: Brazil
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5 hours ago, Heyyall said:

Hi everyone I am truly the saddest I have ever been in my life. 

I found all the notes my husband has been writing about me and our marriage. 
How he plans on getting a divorce soon 

How he plans to upgrade from me soon. 
How he’s using me for only sex. 

This is not the marriage I signed up for. I love this man to pieces and have been so sad after I saw all these. There no love from him in my marriage. The thing he filed both my AOS and I-130, but I want to let those go and file for vawa instead. 

Do I qualify for that? I am not sure what to do? 

 

 

For a successful VAWA application, you need much more than notes from your husband.  The AOS is based on your marriage relationship, so he will have to go with you to the interview when it is scheduled.  If he divorces you before the AOS interview, pulls the I-864, or refuses to go with you to the interview, the AOS case will be denied.  VAWA cases are based on documentation that show significant domestic violence or abuse, such as police reports, to prove battery or extreme cruelty.  VAWA is not for situations where the marriage simply does not work out for whatever reason, even infidelity.  The following link helps explain what is required for VAWA applications.  Sorry this is happening to you, it is difficult and sad when any marriage ends.  Good luck!

 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-vawa-self-petitioner

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Pinkrlion Mentor

Pinkrlion   2,607

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Filed: Country: Jamaica
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6 hours ago, Heyyall said:

Hi everyone I am truly the saddest I have ever been in my life. 

I found all the notes my husband has been writing about me and our marriage. 
How he plans on getting a divorce soon 

How he plans to upgrade from me soon. 
How he’s using me for only sex. 

This is not the marriage I signed up for. I love this man to pieces and have been so sad after I saw all these. There no love from him in my marriage. The thing he filed both my AOS and I-130, but I want to let those go and file for vawa instead. 

Do I qualify for that? I am not sure what to do? 

 

 

You cannot file VAWA for family discord, or infidelity.  VAWA is not a last min attempt to stay in the country.  This is what happens when you violate your tourist visa with an overstay.  VAWA cannot save you.

Phase I - IV - Completed the Immigration Journey 

 

 

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African Zealot Rising Star

African Zealot   1,452

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Filed: Citizen (apr) Country: Ghana
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6 hours ago, Pinkrlion said:

This is what happens when you violate your tourist visa with an overstay. 

What has that got to do with anything? Not only overstayers find themselves under immigration change of status uncertainty and stress

 

13 hours ago, Heyyall said:

The thing he filed both my AOS and I-130, but I want to let those go and file for vawa instead. 

Do I qualify for that? I am not sure what to do? 

Based solely on what you’ve provided, a VAWA petition would be quickly thrown out. I don’t see any psychological or mental violence in what you wrote.

 

Have you considered returning to your home country voluntarily? It might be your only recourse if working on the marriage is not an option.

Edited by African Zealot

Just another random guy from the internet with an opinion, although usually backed by data!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

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Rocio0010 Mentor

Rocio0010   5,562

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Filed: Citizen (apr) Country: Argentina
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12 hours ago, JeanneAdil said:

apply for the divorce waiver if you need to

No divorce waiver for AOS

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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TBoneTX Grand Master

TBoneTX   43,058

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Filed: Citizen (apr) Country: Ecuador
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A noncontributory post has been removed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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