brownbella

Sandranj is absolutely right here and I stand for her cuz I personally will say this by my experience..i was a victim of dv in my abusive marriage and what no other lawyers would do after charging you almost 5k to 7k per case she helped me for free.Mindful, I did approach many lawyers but they did not have so much knowledge as compared to Sandranj, who was willing to help me and other DV victims with all her experience since 1989, and dedication.If it wasn't her, I believe I wouldn't have ever gone through the process of Vawa cuz I lacked knowledge about the law in all means.

I'm glad to hear that you were able to successfully complete your process! Congrats! $5K-7K is insane. Perhaps it would be helpful to compile a list of free or low-cost legal service providers across the country and post it as a separate thread with a sticky for the forum. No one should have to pay that amount to do a VAWA case. Many nonprofits get grants specifically to offer these free services.

For the record I am an attorney since 1989, a DV advocate over 20 years ,and filed over 6.000 Vawa cases, ALL CASES APPROVED. I helped over 500 members from visa journey filing Vawa,without any charge ,all cases were approved .I am a visa journey member almost 10 years, believe me I know about Vawa Law very well.

If you've been the attorney of record for over 500 members of this forum, then I truly commend you. How exciting to have had a 100% success rate, too.

This topic is all over the place and its quite sad- posters arguing and taking offense to things that no one called them out on. Random advice correcting other advice that wasnt even given.

It just needs to stop.

So wiping the slate clean-

Brownbella- Its wonderful to have new voices in this area of the forum. You say you have experience in the DV field and that is wonderful and can provide a dynamic perspective here. However it does not seem as if you (personally) are intimately familiar with VAWA as your post indicated the OP should contact a staff attny. Which I take it to mean you are not a staff attny. But you are familiar with general DV assistance.

Just as their are jailhouse lawyers, there are also many Internet forum lawyers or legal "experts". I would always recommend for anyone to contact an attorney to evaluate the facts of their specific case and explore options. I specifically recommended a staff attorney at a nonprofit because these are the folks who do these cases. Gender based claims are very specific, and most immigration attorneys do not have experience in this area.

My responses to the OP were primarily intended to validate her in the face of many critics (internet lawyers) saying she has experienced no abuse and therefore is "faking it" so to speak, not to discuss whether the abuse arises to the level of VAWA eligibility. I have worked with folks who had multiple eligibilities for VAWA, U or T visa, and only a licensed attorney (with experience-probably a staff attorney at a nonprofit) can evaluate her case. We do not know the facts of her case. The OP should contact a staff attorney, who can probably take her case for little or no cost, not seek help on a DIY internet forum. This is not a DIY case.

He theroetically would have to pay the government back if his ex obtained government assistance either for (1) 10 years (total...the clock started when his ex immigrated, so not 10 years AFTER they divorce) or (2) until she naturalizes (meaning, if she naturalizes before 10 years is up). She can file ROC without him. If they are divorced, he doesn't need to do anything about her ROC. Its on her now. After divorce, she will be eligible to naturalize in 3 more years (5 years total, if not married to a US citizen). Also true that if he sponsors or co-sponsors anyone else, he would need to include his ex when calculating his family size. But maybe your buddy should slow down? He's just getting divorced...I hope he takes time to heal instead of thinking about jumping back into a relationship and bringing someone else over.

If she is able to come to the US on a visitor or student visa, you can get married here and she can adjust her status without leaving. NVC does the affidavit of support for spousal visas (CR1/IR1), and they automatically accept co-sponsors. It wouldn't be up to the US Embassy in Manila at that point.

If she came here on a visa, left the country, then tried to enter without inspection through Mexico she would probably be caught and deported, just like the many spouses of US citizens deported every day. She would also get a 10 year ban requiring a waiver and proof of "extreme hardship" if she isn't allowed back, so really that would be a terrible plan.

Someone who entered without inspection is also not eligible for a SSN, so I'd ask him where he got that.

This is false. SSNs used to be given out regardless of immigration status. Having a SSN does NOT prove someone is a USC or LPR. I'm in my 30s and know people my age who were brought here as children and have legally issued SSN cards that say "not valid for work authorization". If these folks later get DACA or status, they keep the same SSN. The OP stated her husband's been here 15 years, and was a "student", so he very well may have been one of these people brought here as a child, who enrolled in school and got a SS card, depending on his age.

OP- you should check out immigrate2us.net because the majority of folks on that forum are doing waivers. That'll be a good source of info for you. Best of luck with your case.

Another possibility is you don't pass the medical exam- I've read a few stories where people had to stay in their country and receive TB treatment for a couple months after an X-ray came back positive for TB (even if they didn't feel sick). If you even admit to past drug use, you get a 1 year ban. If you have "gang related" tattoos, you get a permanent ban with no waiver available.

To get an expedite, you need to essentially have a life or death situation and have a Congressperson help you. If you're not in that type of crisis, its best to not apply because it slows down the entire system. Most expedites are denied, and then USCIS has wasted time considering an expedite.

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad

"If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. Your worldwide income is subject to U.S. income tax, regardless of where you reside."

That website also says you must file in USD and gives info on how to convert.

USCs everywhere in the world have to file and pay taxes. Our tax dollars fund social programs that the USC can take advantage of whenever they return. Its only fair to pay into a program that you can then use once you're back in the US.

Yes there is. It is called the law. If there is a finding of fraud, they have to go back. Not because they are a "thing". But because it is the law.

This is the most common put-down on this forum, and it says more about the person saying it than it does about the person who has the rightful concern of someone faking love for the purpose of getting here. It is illegal. So here you have someone quite possibly committing a crime, for which the penalty is to be sent home, and people give this asinine lecture about people not being objects.

Is there anyone on the face of the earth that actually needs to be told that people are not objects? Only the sociopaths amongst us, and it does no good to tell them anyway.

If you went to congress and asked them to change the law so that marriage fraud perpetrators could stay here, on the basis that they are not objects - they would laugh in your face. Because simple justice alone and any sense of human decency compels people to demand that yes: when you come here under false pretenses you have no right to be here and should be sent home. Because you are human alright: a human with despicable morals, a criminal, and good riddance to you.

Do you understand how marriage fraud works? Fraud indicates the marriage was entered into to obtain an immigration benefit. A sham marriage. A marriage where your boss says you have to marry his immigrant cousin to keep your job. That's fraud. A marriage where a gay man marries a woman to immigrate, and both "partners" know its a sham, that's fraud. If there's money involved, that's fraud. Bad marriage? Not fraud. Loveless marriage? Not fraud. Abusive marriage? Not fraud. Marriage too soon? Not fraud. Cultural differences? Language barriers? Not fraud. Spouse prioritizing work/studies/kids over other partner? Not fraud. Those are just bad relationship choices. In the OP's case, he said his wife was cold since she returned from Europe, and she was more invested in her studies than him. Not fraud.

They got their I-130 approved- they passed the test of bonafide relationship. This couple acted like a couple. He didn't receive $$$ to marry her, and they lived together. Half of marriages in our country end in divorce. Judging from friends and family members, I'd say many of those marriages that end in divorce have the same story "he never loved me/she used me for my money". We've all heard the same thing from Americans talking about other Americans. Its called human nature!

However, its disturbing to see people on these boards want to get their ex out of the country just so they don't have to hold up their end of an AOS contract- that they willing agreed to! If 2 Americans get divorced, one partner doesn't usually buy the other one a plane ticket to send them back where they came from. Divorce is disruptive enough without one partner trying to send the other away...like an object...return to sender.

If your parents are willing to loan you $75K, why don't you just ask them to be a co-sponsor? Its very common to have a co-sponsor for a CR1 visa. If you suddenly get a lot more assets, yes, that will negatively affect your financial aid/health insurance subsidies.

We sent them together. Just made 2 paper clipped packets, each with a cover sheet. That way, we saved on priority mail shipping. There was no problem sending them together.

Didn't mean for him to buy her the ticket and give it to her or force her but offer it to her, since if you actually read the post she WANTS to go live and work in Europe. Geeez sorry I wasn't more specific! I just hope she leaves so hey are off the hook finacially sure seems everyone is on her side and this poor guy is left with a broken heart after this nightmare of a process. Now the fear of her taking advantage of not only him but his parents. He signed the AOS because he loved her, he shouldn't have to haunted by this anymore. The laws need to change to protect citizens from those taking advantage because non of us are psychic! One would think we would all have more compassion geez some of you are just brutal.

Not intending to be brutal, but there's 2 sides to every story. We don't know if the soon to be ex wife is likewise heartbroken. For me to leave my country and my family, move to a new country, and then realize my marriage isn't working...that would be my nightmare. People aren't things. You can't just return someone to their country if it doesn't work out. There's no return policy on a human being. The woman moved here, is studying, and clearly established a new life. I say this as the US citizen with a LPR spouse. If my marriage doesn't work, I will never try to ship my ex back- even though I'm the sole sponsor (no co-sponsor).

The affidavit of support is a contract that the petitioner makes with his/her government. Should the ex need help, that's not taking advantage of the OP or his parents. That's the contract they all signed and agreed to.

I wouldn't marry an American that I'd dated for 8-10 months. Its very unusual for a couple to get married so soon, and if it does happen so quick, their relationship is usually really tight and harmonious, not rocky with 5 breakups. Its clear you care about her, and want to help her, but marrying her to help her stay in the US won't work. Yes, it'll take care of the immediate problem, but it won't fix your relationship issues, and it'll probably give you both bigger issues down the road (Divorce)! Caring about someone you've dated less than a year that doesn't mean you should marry her. I cared about my exes, but the relationship eventually ended because it ultimately had flaws and wasn't meant to be.

Unlike most other posters, I don't think she's "using you for a green card". She's already in the US, she clearly cares about you but has some issue, and she's probably petrified about leaving. That can make her feel pressure, but when I think of using someone, it means that's their only motive and the relationship is a charade.

I hope that helps you see that even if its not "fraud", doesn't make it true love and the right time for marriage.

IMO USCIS came up w/ ROC to placate the anti-immigrant folks who think ROC stops fraud. Also ROC raises a lot of $$$ for USCIS, which is a self-funded agency (meaning our fees pay for it to exist).

Thanks JRF, but, if it does no good notifying USCIS in change of my and my wifes situation, why is it called a Conditional greencard. Is there not stipulations have have to be met in order to have the conditions removed with the 10 year green card. Makes no sense they give a 2 year conditional greencard, just to do anything you want and then apply for the 10 year card. Again, why do they put conditions on a card, if the couple is no longer married, or separated or maybe divorced.

Thanks again

No one deserves an abusive marriage. You're worth much more than that, and his immigration concerns aren't yours at this point! If you want to get divorced- he won't automatically lose his green card if you divorce before ROC. There's plenty of posters on here that divorced before ROC. I hope you look into some domestic violence resources in your city. Maybe marrying him was a mistake, but you can move on from it. Don't let staying with him be the worst mistake you make. You have an opportunity to move on!

I don't think that's a large age gap at all! Large to me is 20+ years. Good luck!

You have a 2 year old son, meaning you were together at least 2 years + 9 months of pregnancy. Let's round to 3 years...and she just recently defrauded you? I'm sorry to read the marriage didn't work out, but a 3 year+ relationship doesn't indicate fraud. Whether she files for VAWA is up to her, not you. I hope you can move on.

In belinda's defense, sharing info is always good, but I've seen several times when Laurel has been incorrect when asked questions about more unusual visas like U, T, VAWA. However, she does always put the disclaimer its not her area and the person should contact a nonprofit. Its kind of like if a domestic violence agency staff attorney were to do a 601A waiver- they'd be generally unqualified/inexperienced.

I suggest you visit immigrate2us.net if you want more info- that's the primary forum for waivers.

There's nothing strange at all about your case. The process is: fingerprints, waiver approval (yay, you're there!), then another visa interview at the US Consulate. If she's approved, then they take her passport to insert the visa. Congrats again on the waiver approval- that's the hard part!

First, I suggest you do several consults with different attorneys. Many offer free initial consultations. Second, definitely join immigrate2us.net. The forum community there has way more experience in cases involving bans. You won't get much, if any, help from VisaJourney.

OP- its perfectly legal to get married and adjust status. She didn't arrive in the US to get married. She didn't bring a wedding dress, no one booked a caterer, no wedding invites were sent. As for the ridiculous suggestion that having sex is intent to have a child, which then translates into immigrant intent- seriously? That's so preposterous that I'm not even going to bother debunking it. Life happens. She visited, she got pregnant, you decide to get married now and be a family, that's awesome. I wish more guys would marry their pregnant girlfriends and support them instead of abandoning them!

Just get married and have her stay here. Enjoy being married, support your wife during the pregnancy, and have a child together here in the US. Once you're married, you can add her to your insurance. As a new LPR, she can also take advantage of enrollment in Obamacare, but she can't get free care. HOWEVER, it may be different because she's pregnant. I think pregnant women are eligible for emergency Medicare, but you can check at your local hospital financial assistance office.

To me, its clear the marriage just didn't work. No fraud that I can see. I know Americans who've been married less than 2 years, and it didn't work out for them, either. Half of marriages in the US end in divorce, and if she's thinking of moving to Europe, doesn't sound like her goal was getting a green card to stay in the US. I'm sorry you're in this situation but I think you should just get a divorce and let it go. You and any co-sponsor are financially responsible till she's a US citizen, which is a minimum wait of 5 years if you're not married to a US citizen. You signed the affidavit of support contract, so fair is fair. I wish you the best in the future.

Sorry to say, but it just sounds like the marriage didn't work out. 50% of marriages in America don't. You can't take away her green card, it doesn't seem like there was any fraud, so just get a divorce and move on in your life. Don't let this turn ugly.

Call your local domestic violence shelter and see if they (or your state coalition) have a staff attorney that can help you with VAWA, probably for free. As someone with over a decade of experience in the field, I see red flags all over your post. Emotional and economic abuse are real and absolutely grounds for VAWA. You don't need to get a PTSD diagnosis or listen to anonymous people on here with no experience in the field- get help for your actual situation. Domestic violence can happen in any family relationship, and its about 2 things: POWER and CONTROL. It sounds like your spouse may feel powerless going through this gender transition, so he is decided to control you to assert his power over you in an unhealthy way. Please contact a local DV program because you are worthy of help, deserve a healthy relationship, and will find better, more appropriate help there than on this internet forum.

Red flags:

1) Refusing to let you acquire legal assistance, blaming you for not fixing your status when you don't have the tools and info to do so.

2) Isolation from family (huge controlling red flag). Your family is in Mexico, you get along with your in laws, but he stopped communication against your will, regardless of whether they don't accept him. His poor relationship is not reason to isolate you from your relationships.

3) Isolation from community: You don't have a driver's license, but he won't take you out or help with grocery shopping. Other big red flags that he's controlling you

4) Ignore the victim blaming- "well, if you just called him by the right pronouns, he wouldn't scream at you". He is an adult in control of his behavior, and there's no reason for verbal abuse.

5) This is another common DV red flag- the abuser will manipulate you with children or pets, or try to strike bargains with you, or otherwise control you. "If you do this, then I'll get baby formula, but only if you do this. OH WAIT, you didn't do it, so its your own fault. No baby formula". That's not how relationships are supposed to work!

6) Clear abusive behavior to say you need to lose weight and use that as the excuse/manipulation (see above)

7) You need to fix his taxes/immigration- again, see above

8) Economic control- you can't legally get a job or driver's license, and he's controlling you by preventing you from doing so. But yet, its still your fault. You must be lazy- the problem again becomes you, not him. This is another way to make you doubt yourself and stay with him. (on vacation? Seriously? Who would ever tell a stay at home mom that's she's on vacation?)

I have read about VAWA and I don't know if I am eligible to ask for help. I had a 1-94 permit that expired on april of 2013. So I don't know what my status is, and my husband won't help me fix my papers, saying it;s all my fault.

He does not let me talk to his family, though his mother and sister are very fond of me. He stopped the communication because he is going through his transition and they wouldn't accept him. He has forced me to call him only by female pronouns, screams at me all the time, refuses to take me out, refuses to do grocery shopping (he does it about once every 3 months) the only reason I have been eating is because my dad has a credit card that he pays for me from Mexico. He forbids me to refer to him as ''my husband'', he loses his temper completely if by mistake I call him by his old name. (His male name)

My husband is incredibly mean to me, he has a lot of money that he spends buying make up , and getting laser appoinments, and sometimes refuses to cover my basic needs, but he always bought the stuff I needed for the baby, until yesterday when he said he just didn't feel like buying formula and that he would get it today.

I have been forced to watch the man I love becoming a woman, and I'm not against that if that's what he wants but his treatment of me is, I have no other way to describe it, cruel. He says that I should lose weight and that's why he doesn't buy me groceries. He expects me to fix his taxes and my papers even though I have no idea what I'm suppoused to do, he used to make me cry on a daily basis but I stopped and always put a smile for my daughter who unaware of what is going on, is a very happy and healthy baby.

He always tells me that I should pull my weight and get a job because taking care of the baby is just a vacation and he does not want to pay for me anymore, even though I never ask anything of him but what the baby needs. I haven't slept through the night in 11 months because I am the sole caretaker of our baby. He plays with her sometimes, and absolutely refuses me to teach her the word daddy.