Jessy_L

Jessy I reviewed your sister affidavit.Yep she was approved.Congrats.

Yeah, you did so much for us!!

I wanted to wait till we got a letter and thank you ))

I still can not believe that the case was appoved soo quickly

3 month!!

oh, my god

I hope it's not a mistake or anything.

It's my sister's, we mailed the documents 3 month ago!!!

I can't believe it, in the end of JUly.

It can not be ....

I will believe once I see the letter

Guys what does it mean if uscis site says:

On October 30, 2013, we mailed you a notice that we have approved this I360 PETITION FOR AMERASIAN, WIDOWER, OR SPECIAL IMMIGRANT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

Can it be a glitch ?

My wife came here dec. 15 2012 on a cr1 she get her 2 year green card and a Social Security card. She when back to China 6/19/2013 and wants to divorce me I want the same. I married her in China So I am going back to China to divorce her. It sound like if she does not come back to America in the next year in a half I will be clear of the I-864. ? when I come back with divorce paper is there any forms to send to immigration. Larry

you do not have to divorce her in china, you can do so in usa.

You will be off the hook, if she will lose the status of permanent resident.

Jessy L you must submit everything you can right now and just the psychological evaluation and affidavits from friends And you can submit later on i mean they could write the affidavit in 10min no?

You wont be able to get any receipt before 25 days.YOur lawyer can submit to the local office proof that she emailed your I-360 and when you get the prima facie then you submit copy of the prima facie. If you do not feel confortable with your lawyer find another one.

They can wrote already. Problem is that lawyer hold on to them already 2 weeks, as if she is "reading them", and than it will take time to notarize them ((

Thank you for your help !

Guys (and mainly Sandra),

During the aos (for I-130) interview (with lawyer), when the husband did not show up. USCIS officer gave 30 days to hold I-485 (deadline on 24th of July),

he said that we need to file I-360 and send the evidence that I-360 was filed to the local office.

Lawyer wants to file all case (because wants to be paid in full). She also said that we need to file the receipt. But as I know there is no way we going to get receipt (NOA?) so soon.

So questions:

1)what can be the evidence that I360 filed?

2) can we file the I360 with minimum documents for abuse (just letter from shelter). And mail to VAWA unit psychological evaluation and witnesses letters together with own testimonial a bit later (2 weeks later) without waiting for the RFE?

Jessy L I don't know who is your psychologist but I read hundreds of psychological evaluations and many of the evaluations stated that who participated through coercion and/or threat in unwanted sexual activity which the person finds disgusting is considered victim of sexual abuse . Your psychologist is talking about rape, sexual abuse is NOT JUST RAPE for God sake.There are 3 types of sexual abuse : verbal, visual and physical.

Vawa Unit considers sexual abuse:

-Not allowing you to take birth control pill;

-demanding sex using threat of making public photos e films the abuser videotaped ( my Vawa case approved last week );

-fondling you in public places, in front of your family and friends;

- using threat or coercion to make you watch pornographic films when you don't want to watch;(one of my Vawa approved)

- prohibiting you to breast feed, through threat or coercion;

- demanding you to have a breast argumentation, using threat or coercion;

-demanding you to have sex with others using coercion and/or threat(base of one of my Vawa and it was approved);

-threatening someone into unwanted sexual activity;

ETC.

Thank you Sandra,

He charged twice of what we agree, now I do not even know, if he will see any abuse there ((( according to his words ((

He showed off as such a expert in words, in reality turned out to be clueless ((

so depressing.

The lawyer is no good either. She keeps on telling for any question I have "not my expertise" and would not even advice on how to write the testimonial. Or even read any letters from witnesses ((

What do I pay such a big money for? So she just fill in the I360?

Thank you Sandra for helping

guys,

suggest me, please, psychologists in CA, who had experience with mental abuse and who can write the evaluation and do tests. (better female dr.)

I just think that that psychologist has not training in domestic abuse, even though his site states otherwise. (((

Totally down today.

Went to psychological evaluation. Drove 6 hours to be there ((

So called psychologist with PhD and clinical experience, who supposedly working with VAWA cases a lot, told that it is not sexual abuse, if the husband make you have sex with him, even after you say no, by threats it is not sexual abuse. "If he would physically hold you down" that would be abuse. But if you did not run blah-blah ....

So frustrating.

He also said that your emotional abuse is too subtly, if only it was violence, it would be better. Of cause it would be, but than why would we need psychologist?

Now he said that he needs to read all the papers, documents for shelter etc. and only next week will perform the tests. Meaning, 6 hours drive again (( and hotel charges and car rental charges (((((

Crying (((((

emonezama i recommend at least 5/'6 sessions because i saw several people that got RFE and vawa unit asked how many sessions, duration of each session, treatment recommended, treatment accomplished, progress of the therapy . It means is very important to have a few sessions, I have people that i submitted vawa 8months ago and they are still doing therapy.I would not submit a psychological evaluation with just one or two sessions of therapy at all.I recommend minimum five. The psychologist can perform a psychological evaluation after 2 hours of session for sure, but for immigration purposes what matters is the evaluation and the treatment that the alien is doing to overcome the abuse( vawa based in mental abuse).

I found psychologiest who does evaluation for immigration. But he does not preform the therapy with the clients that he evaluate.

Yet he require at least 5-6 hours of sessions to do evaluation with him.

We are going through work with shelter consulars, we had 7 sessions with them.

Is it bad? Do I need to find the doctor that will do evaluation (with test) and agree to work with us?

jessyL the individual can file Vawa just based in financial abuse, and some of them had their Vawa approved. I had one case the abuser forced the victim to sell the only property she had in her home Country, he took ALL money from her and he used her credit card leaving her with a debit of $40k. Vawa Unit approved her case based in financial abuse, but she proved that she transferred all money to his bank account and he used every single penny in less than 5 months buying frivolous things.

Forbidding the victim to open or maintain personal bank account is not considered financial abuse since the "victim" can open and/or maintain a personal bank account without the abuser acknowledge. In the United States banks CANNOT disclose to a third part if you have a bank account or not. Banks can disclose information about your account just if the third part is the IRS or an individual with judicial order.

Thank you, Sandra,

In our case, it's 12k in 4 month, which was all savings as well.

I dunno, I'll add it, but let them decide.

Bless you, Anajnic!

Thank you kind words.

Highly unlikely.. but im no expert.. however , you do not want to file and then get denied. Getting a good attorney wont change the facts of " either you have a case or not?" .I have seen a girl get through with just a psychologists report. Take a breather and think, focus , maybe your greencard is in the mail from his having filed for you already. you dont know do you?

I wish ((

But he refused to go for the interview and it is going to be in few weeks (( so all screwed ((

So now I am working to file vawa

All of that is an "upsell" to your Vawa case but cannot be the Substance/foundation for filing your case. Financial abuse is /can be a positive contributor to filing Vawa but not solely the filing for Vawa since financial problems and issues with a marriage is viewed as typical problems within any given marriage ( just my 2 cents)

I pray all works out

Thank you. I pray myself. (( It's all very sad.

Yes, I understand that this is the additional point for abuse.

I did not think that any one could win the case solely on financial abuse, can they?

Just to be clear. "forbidding the victim from maintain personal bank account" is not going to be abuse?

Hi sandranj,

If the person is made to close all her individual accounts and credit cards, and put all the money she has into joint account where husband and his mother both are on the account and have access to the money.

And they spend money frivolously by for example getting a puppy, putting deposit and next day changing the mind, and loosing deposit, make sure they shop only at expensive stores and throwing tantrums whenever she (wife) buys something in less expensive store.

Everything in the account is life savings of the wife.

Brian from Ukraine,

the system when one person have so much power over the another is evil. It attracts all kind of control freaks who wants to mistreat the person, and whenever person can say anything, the abuser pull the stick over nose, saying either do as I say, or you will leave. No wonder one of the extreme cruelty signs is using the deportation threats.

Saying that all the people who were mistreated are fraud is just very blind sighted and not very smart of you.

Thank you, sandranj!

Jessy L considering the person was removed from United States and he/she was unlawful present there is a provision bar from reentry for those who accumulated more than 6months or 1 year of unlawful presence (3/10 years bar)however, lifted the 3/10 years bar the person can apply to visit,work or study in the USA.If the alien gets married to an US Citizen there is a waiver (I-601)available allowing the person to enter in the USA before the expiration date of the bar, if married to a US Citizen. Usually when the person receives an NTA (notice to appear) in Court the judge allows 'voluntary departure" then the alien won't be removed and then if one day wants to return the person just needs to file out form I-601 and not the I-212, but .if the person was deported and get married to an US Citizen she/she will need a I-212 waiver as well.

Thank you.

so if the person has never been unlawfully present in US, and if VAWA denied and the person leaves US within 30 day without any problems. Than there would be nothing to waive and person will be able to return on h1b / f1 ?

Do you know any cases when those people could not get a visa because of VAWA? (i.e. could not prove absence of immigration intentions because of it?)

Guys,

If one apply for I-360 with the previous I-485 moved to abuse case.

And the I-360 will get denied, the person will be moved to removal procedure.

Does it mean that this person will never be able to return to US, no matter on what visa?

Or can thus person still get F1 or H1B?

Hi sandranj, when you write:

if your Vawa is based just in mental abuse do not file Vawa without having a psychological evaluation and proof that you attended at least 5/9 therapy sessions ok.

Do you mean 5-6 therapy sessions with shelter counselors? or some psychologist (other than who evaluating survivor)?