lil mama

6 minutes ago, PaulaCJohnny said:

Any joint bank account? Do you have your marriage certificate? Credit card together?

Nothing financially together as I wasnot residing there and have no usa address. Marriage certificate was included in list.

5 minutes ago, Nat&Amy said:

I am not sure if you saw my earlier post, but I think your case here might be used as future reference for others that find themselves in a somewhat similar situation, so it is important to be thorough. Unless I am mistaken, evidence of a bonafide relationship will be required. What evidence will you be able to show to prove that you entered marriage in good faith? 

Pictures during relationship and from wedding , rings , copy of I94 shows how many times I traveled into usa per month to see him, marriage certificate. Text messages and call lists. 

1 minute ago, PaulaCJohnny said:

To file for divorce in the New Jersey, you must have been a resident of the state for at least one year prior to the date of filing.So I think just him can ask for it

 

Yes I am not the resident so he has to apply in his state of jersey 

5 minutes ago, PaulaCJohnny said:

Did you filed for divorce?

Not yet he was refusing to do it until recently and claims he will be also sending in a letter to cancel spousal visa.

Just now, Crazy Cat said:

Where is the case right now?  USCIS or NVC?

6 minutes ago, Luckycuds said:

Would OP have a chance of getting approved though? When she is at the consulate and asked about her marriage and she says she was abused countless times and they are filing for divorce… Or she can lie and say everything is dandy..which would be misrepresentation/lies…so I don’t see how she can get the card. 

Exactly I'm  not going to lie at consulate and say marriage is good. I followed the protocols and filed the spousal visa and returned to canada until visa would be approved.

The abuse happened before the spousal visa could be approved and therefore I was not cohabitating with my husband. It's a stipulation I had no control over and all I can do is try to plead my case. I unfortunately suffered the abuse prior to being able to live together. But luckily got away from him and had a place to go for safety. 

Case is at USCIS and not NVC

Just now, Luckycuds said:

Would OP have a chance of getting approved though? When she is at the consulate and asked about her marriage and she says she was abused countless times and they are filing for divorce… Or she can lie and say everything is dandy..which would be misrepresentation/lies…so I don’t see how she can get the card. 

Exactly I'm  not going to lie at consulate and say marriage is good. I followed the protocols and filed the spousal visa and returned to canada until visa would be approved.

The abuse happened before the spousal visa could be approved and therefore I was not cohabitating with my husband. It's a stipulation I had no control over and all I can do is try to plead my case. I unfortunately suffered the abuse prior to being able to live together. But luckily got away from him and had a place to go for safety. 

2 minutes ago, Jorgedig said:

Not sure how you’ll get around the requirement to have lived together.    
 

 

Due to the fact the spousal visa was filed in oct 2020 after the marriage and states I am unable to until approval.

16 minutes ago, belinda63 said:

A big  difference here is they were not co-habitating. She could have left at any time and gone home and she didn't have to come visit him and put herself in that situation. I am not saying he was not abusive I am just pointing out that unlike most DV cases she had a place to go to at any time, she was not forced to endure it. 

We were not cohabitating as to not affect the spousal visa filed.

Now to address your comments.

"I didn't have to come visit him and put herself in that situation"

Do you think I knew he was going to be abusive and look into a crystal ball before coming. Another pointless comment and I really am questioning your reasoning. 

"I was not forced to endure it" 

So because I had an option to leave it didn't happen or makes it ok? These types of comments are very unnecessary. I still endured it. It doesn't make it okay or not valid if the abused person has a place to go. This is absolutely ridiculous I'm looking for people who have had similar experience and not people's opinions. 

6 minutes ago, EmilyW said:

People are asking questions about intentions because the OP is/wasdrip-feeding information.  In order to solve the puzzle, people need all the pieces so that good advice can be offered.

 

OP, I have no advice to offer other than please stay safe and protect you and yours.

Intentions and information are two different things!

Just now, Demise said:

Has any of the abuse in question happened while you were both in US?

Abuse was in usa yes but I did not file any police report I have pictures and messages of him admitting it and apologizing saying it would never happen again. 

Married Oct 2020

Filed oct 2020 still in process not at nvc

Last visit January 2021 

Due to covid restrictions it was harder to come and see him. Prior I was there monthly for 10 days at a time. We filed spouse visa in October 2020 after wedding and I returned to canada as it states in application I needed to. January was big blow up and I left back to Canada as I had no place else to go in the US and had to for my safety. 

I was not aware of the vawa until 2 days ago so am wondering due to unforeseen circumstances am I able to apply as the requirements are you are to be living in the states. This was not possible due to the filing of the spouse visa. I had planned a life in the US and had planned a future with him as well as opening a buisneess there. I am not green card shipping as one person put. I feel I would face undue hardship and need to know if I am able to convert the spouse visa to a vawa. He said he will be filing for divorce and canceling the spouse visa.

15 minutes ago, Pinkrlion said:

COnfused........

 

You filed Spousal Visa in October 2020

When did you get married?

When the abuse occurred was it before you got married?

If you never lived together how did the abuse occur?

Married in October filed in October. Abuse was over time but last time I was there in January 2021 was the last big one. 

October it was filed and I had no place to go in the usa. My daughter who is a US citizen lives with me in canada and I had to return home. 

Yes spousal visa was filed I responded in previous comment asking if  it can be changed to vawa?

The plan was yes to live there. I returned back to Canada under the presumption I had to. 

No planning on a life together but thank you for the unnecessary comment. We had plans of opening a buisness together. 

Yes I read that it can be changed into the vawa. I could not stay in the usa so had to return to Canada so could I write a letter and explain the circumstances?

While I was there " visiting" each time 10 days I would stay and then return to Canada. As I was under the impression I could not live/move until visa was approved 

Hello 

I am a canadian that married a usa citizen in October 2020. After the marriage I found he was cheating and suffered mental and physical abuse while with him. I left and went back to Canada and asked for a divorce. However due to covid we never lived together. I am wanting to apply for the vawa visa and don't know if I can as I was forced to leave to return to Canada as I had no place to go and felt at risk for my safety if I stayed in the usa. Has anyone applied for it while not in the usa and I did not live with SO during the marriage as this happened rite after the marriage.

Can someone please help me

So we called USCIS on February 4th spoke with an operator who had no information. Then magically an RFE was sent very next day lol issued Feb 5th received on the 8th. Add us to the request for more evidence of meeting club. Just baffles me that including a plane ticket and a notorized letter of intent to marry with a statement from both of us on ONE page does not provide their one meeting requirement. If we had to be both present to sign the letter in front of the notary yes we met. I am just thankful it only took us 3 days to receive it, now to wait for the RFE reply .........😬😐🤞

Thank you guys! I will just get the us passport to be safe

Hello

I have a question about bringing my child with me when k1 is approved. I am Canadian and child was born in Canada but her dad is a us citizen. I am NOT marrying her father in the usa! I am engaged to another us citizen

 She has a Canadian passport and her CRBA  Consular Report of Birth Abroad. Will she need to have a k2 as she already has us claim to citizenship so just getting her us passport should be only needed or does she need a k2?

Hello

I understand when the Visa is approved you are allowed to take your personal vehicle across with a compliance letter. But how many vehicles are you allowed? I have a car and motorbike, would I have to pay some import tax on the motorbike? Has anyone crossed with both or is it all considered personal belongings you are importing across?

both actually trailmix haha