Divorce while AOS pending (VAWA?)

[Boiler 43,446]

4 minutes ago, igoyougoduke said:

I wonder how many vawa cases are genuine vs fake . Now a days it seems like a text is considered abuse 

Words are violence.

[TBoneTX 43,061]

1 hour ago, igoyougoduke said:

how many vawa cases are genuine vs fake

There are probably many contrived cases.  Regardless, the genuine cases are very real.

[Cathi 5,610]

I'm just wondering why she would want to stay or return to the U.S. If it were me, and I were pregnant with an abusive soon to be ex, I would want to go home to my family and raise the child at home. That's just me.

If she stays here, or comes back after the baby is born, it will not be easy for her. Being a single mom is not easy, especially alone in a country where you don't know anyone. The cost of living alone is the U.S is astronomical. How would she be able to afford to live here? Just throwing that out there because it's definitely something for her to consider. I mean what happens if she stays, gets into a custody battle and wants to go home. She won't be able to once the baby is born.

[martha783 12]

57 minutes ago, Cathi said:

I'm just wondering why she would want to stay or return to the U.S. If it were me, and I were pregnant with an abusive soon to be ex, I would want to go home to my family and raise the child at home. That's just me.

If she stays here, or comes back after the baby is born, it will not be easy for her. Being a single mom is not easy, especially alone in a country where you don't know anyone. The cost of living alone is the U.S is astronomical. How would she be able to afford to live here? Just throwing that out there because it's definitely something for her to consider. I mean what happens if she stays, gets into a custody battle and wants to go home. She won't be able to once the baby is born.

I agree. I’ve said the same. Like many Peruvians, she believes her daughter will have more opportunities in the U.S. She’s working and has a friend who has offered childcare free and also lets her live with her. 

[TBoneTX 43,061]

3 minutes ago, martha783 said:

she believes her daughter will have more opportunities in the U.S.

If Mom is fighting for custody and spending all her earned income on lawyers, the above might turn into living in fear and poverty.  And should the baby be exposed to an abuser, either directly or through observation?

Edited July 4, 2023 by TBoneTX

[Redro 4,600]

On 7/2/2023 at 11:15 PM, martha783 said:

This is for a friend.

She met and married her U.S. citizen husband within a month while in the U.S. on a valid B1 and filed AOS. She left him 6 months later for domestic abuse (no convictions or legal record). She does not even have her EAD yet, and I-485 interview is probably another 6 months out. She's now pregnant and filing for divorce. She is looking into filling VAWA. I'm wondering if give the very limited relationship history and ability to prove there was no immigration fraud (her ex will not help her) that VAWA may not be approved. Any experience with this? I felt like they had a tenuous position for the interview PRIOR to the divorce given the quick marriage, but I have no idea what the burden of proof is for the legitimacy of the relationship given they are having a child together but will no longer be married.

 

(sorry if this isn't the right place for VAWA question - I couldn't tell if every single VAWA post was supposed to be on the update thread)

 

On 7/3/2023 at 10:17 PM, martha783 said:

I agree. I’ve said the same. Like many Peruvians, she believes her daughter will have more opportunities in the U.S. She’s working and has a friend who has offered childcare free and also lets her live with her. 

So, she is currently working without authorization? Has she checked to see if that will compromise her ability to get VAWA if she applies for it? 

[Boiler 43,446]

With certain exceptions, an applicant is barred from adjusting status if:

• He or she continues in or accepts unauthorized employment prior to filing an application for adjustment of status;^[1] or

• He or she has ever engaged in unauthorized employment, whether before or after filing an adjustment application.^[2]

These bars apply not only to unauthorized employment since an applicant’s most recent entry but also to unauthorized employment during any previous periods of stay in the United States.^[3]

As previously discussed, the INA 245(c)(2) and INA 245(c)(8) bars to adjustment do not apply to:^[4]

• Immediate relatives;

• Violence Against Women Act (VAWA)-based applicants;