ralphlaw

Well just another datapoint on the timeline survey...

Filed last week in March, 2012. Got an RFE notice this week ( RFE still in the mail ). So I'm on schedule so far.

As for male applicants being denied more discussion. I believe someone did bring up some stats a while back and there was a huge difference. More than double the rejections if I remember correctly. Don't know how true that was though.

Men definitely have that stigma, and probably collect less evidence because of it. Call the cops on your wife because she's bullying you? A lot of men would assume they'd be the laughing stock of the community. Not to mention if anyone else found out. What if she started telling everyone you know. My first lawyer literally laughed at me when I finally brought up VAWA. He thought men filing under a domestic violence law was funny. But even before that, I threw away a ton of evidence, and failed to collect even more when I had the chance because I was educated about the law.

These factors are probably common enough to increase the denials is my opinion.

Dear friends, I just wanna to inform all of you that today I submitted Appeal (Form I-290B) from denial of VAWA I-360. It was filed in correlation with Matter of Chawathe, 25 I&N Dec. 369,375 (AAO 2010) stating that Mr. Macbook only has to show that his claim is "more likely than not" or "provably" true. Id. Having "some doubt" is not enough to deny the petition. Chawathe, 25 I&N Dec. at 376.

I will keep you updated.

Thank you for all support!!!

Macbook, that's a very interesting position. Why did you make that argument instead of concentrating on new evidence?

I'm very interested in how they respond to that. Please keep us posted if you can.

Good luck!

Where can I see when my petition was last touched? I signed up for alerts and I can see that it's on initial review but I don't see the dates when it was touched. Any help would be appreciated.

You can see it on the USCIS.gov. Just need case number.

But from what I've read on this forum, Vawa doesn't officially touch your case very often. Typically by the time they touch the file, you've either done something to have them look into it or they're about to rule.

For example, I'm on my 13th month of waiting. My file has been touched once, when I sent in new information and added my lawyer. At least in my case that date show up on the USCIS.gov site.

Just a random thought, but I don't think VAWA processes first-come-first-serve exclusively. Just from the times reported on the forum I get the feeling they rule on "stronger" cases first, then kinda drag on cases they're not sure about. At least in general.

In original fileing (ORIGINAL) I submit carifited (with state seal) MARRIGE CERTIFICATE!!!

My attorney advised me to apeal. When I asked him what documents he needs he said that they have EVERYTHING and that USCIS did not look at original paperwork and first RFE. USCIS VSC based there denail only on documents of second RFE.

In order to approve I-130 we needed to establish that my wife is US citizen, otherwise I-130 would be denaid. They where probably in hurry and did not wanned to look I-130 pettition, so they just said that is not there.

I can not get her birth certificate because in state where she was born Birth Certificate is private record and only person who is on it can get copy (My wife, Her father and her mother). When I tried they said that it does not matter that I'm married to her she will have to come in person or give me power of attorney. She is abuser and by contacting her or any her family member I am puting my life in danger so I will not do that.

USCIS VSC said that affidavids are vague and my attorney said that in 30 years of his expiriance he did not see better affidavids! Also they did not consider credit card statments, utility bills ( from two companies) income tax returns etc.

I can not get any additional information, paperwork or pictures because my wife (The ABUSER) has it, and i can not contact her. Last time when i saw her i had mental brakedown and needed to be put on higher anti exaity medications, and of course if I somehow contact her she will not give me anything.

With all this information please, my dear friends, think and give me your opinion WHAT WOULD YOU DO? Refile and wait another two years and be hospitaliesd for panic attacs, depression and suisadle touths or you would file eather APPEAL or Motion to RECONSIDER. Please think about this and tell me what would you di if you are in my shoes!

Thank you!

Macbook

P.S.(Many times I was suicidal and thank to your support and support of my doctors I am here. I wanna take this moment to THANK ALL OF YOU for support! GOD BLESS YOU ALL)

I feel really bad for you. I've been reading the forum for a while and I was familiar with your case. Actually I revived my ( previously banned ) account just to let you know this.

Having been in this mess for so long I can honestly say make sure you have a little bit of happiness in your live everyday.

If you don't, drop everything and find that source of happiness right now. This immigration is really hard, and I've been exactly where you are so many times. After a while I realized happiness isn't some vague promise for a better future. Either you have it or don't have it *today*. So make sure you have enough of a life that provides you with that *support*, that joy for life, on a *daily* basis. Otherwise, it's easy to assume there's no point.

You can beat this. I know of that exact situation, and there are usually ways to get that documents. It maybe expensive, it may take a while, but you can get it if you really work hard for it.

About appeals. The only person I know in life to file and get VAWA got it on an appeal. I know statistically, that says nothing. But just thought I'd mention. Golden rule of appeals, focus on new information/arguments.

Best of luck in life. It may seem that way sometimes, but this is certainly not all it has to offer

This explains that ppl who got prima facie it does not mean vawa will be approved...its initial judgement. it also explains ppl who renewed prima facies more than 4 times or more and at the end , USCIS denies application.. Thanks...

Sandraj is brilliant, and is correct. But I do want to add...

I filed originally without sending in proof my spouse was a citizen and got a PF letter and a renewal. That's probably not the norm, but did happen.

Eventually, much later I got that proof and sent that in with some other documents.

I apologize in advance "ralphlaw" but are you for real? She lied everyday for 2 years. I didn't marry her so she could learn to love me. She was supposed to love me all along.

I was only asking...

But anyway. You're the perfect husband and she's pure evil. Got it!

I just want to say to the OP that you should keep faith and start looking for an attorney. Don't give in to a defeatist attitude until you've given things a go.

A lot of posters will just give you their opinion of the law. They may be knowledgeable but they're not all-knowing.

Do an initial consultation with a few attorneys. To many, even really good ones, initial consultation is free. To others it's under $100. You've spent the last few years pursuing this thing. Don't give up without a fight.

Sit down with an attorney and talk about the ins-and-outs of your case. Take notes. Carry what you've learnt to the next initial consultation. Do this until you're satisfied you're getting a consistent message. Act on your options then.

You've mentioned that working things out with your wife is still an option. It maybe your best one. Bring that up with a professional.

If you want this thing there's always options. It may include leaving. Find out what the next best one is and pursue that next.

You've already made your decision. If you're looking to feel better about it though I'm not sure you'll get that here.

It'll all be ok soon enough

PS Congrats on getting your GC soughted out. That must be a huge relief.

You need to get a good lawyer, now. Even before you confront her.

I was in a similar situation, but I realized it way too late. I could have made much better decisions. Small things, like what documents to collect and make sure I had, what evidence to put together. That would make my life a hundred times easier today.

The problem is that it's hard to keep a level head in that type of situation. I did the opposite of the best thing to do. I actually threw away everything I had of hers when we split up, lol! Emotional thinking a good lawyer would have helped me steer clear of.

Talk to a lawyer, find out what your options are. Even if it's just a few consultations. Wish I did.

Ok, I'm one of those sad bleeding-heart types But to play devil's advocate...

Have you considered she may have cared about you and wanted to start a life with you but was simply still in love with her "ex"? These things take time sometimes.

You're absolutely right to divorce her, but she's been uprooted from her home and past life. It's what she wants, but probably wouldn't have done so if she wasn't so desperate to escape poverty. Desperation makes people do a lot of crazy things.

Sounds like you've already thrown the book at her. Unless she's going to be a danger to yourself or your child, would it be so bad to have her as some small part in your lives? Why does she have to be deported? ( honestly just asking here )

I'd heard of and seen with my own eyes many cases where people used another person to get a green card. And I always thought that was one of the lowest things one human being could do to another.

That is, until I experienced the other side of the story.

I've been married twice without my papers. And I can tell you these were the two most abusive and manipulative relationships I've ever been in my life. I've had a lot of time to think about the situation I think it's just that a lot of people are not use to having that much power over their partner.

My first spouse was always willing to file in our 2 years of marriage. I didn't take her up on the offer because I wasn't sure we were working out. In hindsight that was a mistake. But we fought a lot and she didn't treat me with basic respect; "What are you going to do? Leave me without your papers?"

Learning from my first mistake I swore I'd be more careful. Married a very close friend who I thought was the "nicest person in the world". It's with no exaggeration that I say the treatment I got I would not wish on my worse enemy. My other friends say the marriage change me for the worse, and I think even if I could get my papers if I could undo it all I would. Just so I could have a better view of people again.

My point is there are two sides to the story.

Don't listen to friends or family, try to understand his point of view. As another poster said try to forgive for your own sake. That's what I'm working on myself.

Hi,

I have a pending I-360. I've got a prima facie recently.

I'd like to continue and file the I-485 ( along with EAD, Advance Parole, and sponser form ). It's all legal for me to file these with my i-360 pending, I've checked.

The problem is that I've overstayed here in the US for more than 12 months. Hence I'm subject to a 10-year ban if I leave. Worse, my I-485 will most likely be denied and removal proceedings started after I file that form.

Can I file the I-601 together with the I-485 or *before* the I-485 to prevent starting removal proceedings? Has anyone here done this?

Thanks!

You have been married for over a year and you haven't filed any papers. Maybe he got tired of waiting for you to decide to?

This situation is hard for everyone involved. If he's cheating and mistreating you trust that one day Karma/God/Whoever-you-believe-in will have him pay one day. My experience in life so far is that it usually does.

I wish one of those rubber stamp approvers would get my case, its been 2 and half years.....

Lol. That's exactly what I thought when I read the title!

That's only one side of the story. Do you know for sure who the people arrested were?

Do you really think it was over 3K "bad" people?