MulanJohns

Hi,

Congratulations to all those who have received their citizenship. I recall LostinNJ & Niagara back when we were going thru VAWA.

I am filing for Citizenship and have a few questions to ask:

1. During my interview for GC I told the officer that I was separated, nothing legal to show. I just left and moved away. I have not filed for divorce either. After I got my GC, I wanted to work first on being ok. I got a job, went home for 3 weeks, returned to the USA, started school again and joined pharmacy school. 2 years into the program.

my question:

1.Must I have a divorce decree to file? I have never returned or seen that man for the last 5 years. I don't know where he is. I have not remarried and are not very keen on it.

2.I got my GC in a different state from where I currently attend pharmacy school. Must I do this at the office that granted me the GC? That was in the mid-west and am now in the South.

Any guide will be appreciated. Thanks.

Another thing, that policy memo #89 that someone mentioned - to attach to allow for a 3 year VAWA filing, where can I get it?

99 % of appeal cases denied .on 2009 ,the website of administratice show 400 cases of I-360 appeal ,Just 3 was approved .

Kwala is right about this one. Appealing Immigration cases is almost a sure loss. People rarely, ever win the appeals, and they take 3-5 years onwards.

When I was in this process, my guidance director always told me this: If they deny, we wait for the period allowed and start a new application.

The thing with appealing is that you now have real judges and attorneys looking at you case. And man, they are trained to kill it. Even if they had not given a NOID, they will not approve. Even if they find that IO who denied you was wrong, they will also find another ground the IO did not see initially.

I do not know anyone who won an appeal. Remember you will still pay the attorney anyway.

If I were you, I'd consider re applying. May God give you strength.

I have a statement from my psychological counselor stating the abuse explicitly, and I have the medical records to accompany them from which clearly a connection between major depression and suicidal ideation due to situation with hubby and the related stressors is made. I don't want to go into the details of the emotional, mental and economic abuse I suffered in a public forum, but there was and still are circumstances that, no matter how you turn it, are classic abusive behavior and go far beyond marital discord.

Thanks for your input, though. I really appreciate it.

I guess sometimes my case is so obvious and familiar to me that I am not doing a good enough job laying it out to others who are not familiar with it at all. This may help me make my case more clearly.

Please, do not listen to Naysayers. Moreso, your country of Origin is not a High-fraud (I am assuming Germany) zone.

1. An attorney does not guarantee that you will be approved. Matter of fact, I realized that everything they do, you can do on your own. Every little bit of it. Why? Because they are not even going there to argue anything for you.

I am responding as someone who was once in your shoes: Yes, 3 lawyers told me my case was very weak- lack of police records or physical abuse. If your spouse takes your travel documents, for me it was worse than a beating. The third lawyer (Catholic charities) gave me 5 minutes and told me "With your misdemeanor record, you will never be granted VAWA".

Well, let my timeline show you how it went down once I believed in myself.

You are the one who knows the pain of your story. Sit down, explain PROBATIVELY what happened. There was an organization in Carlifornia (online) that guided me on how to write my statement. Google "writing a vawa affidavit". How the relationship grew and blew over. Of course your own effort to protect yourself must be also shown.

Honesty and thorough explanation is what helped me, I believe. I had nothing from the police or hospital. I could not afford. Just my statement and those who saw it unfold.

Do not let anyone undermine your pain.

Good luck.

did u get my reply?

Well, I got letters from 2 of my husband friends and 1 from another friend of mine. I just don't understand why they taking so long to get back to me. What do u guys think????

From looking around, Immigration does not like lawyers simply re-butting their questions. Just give them what they want, even if it is 100 pages of affidavits.

I think good faith is not hard to prove: I did it without having a single shared asset except a shared lease (proof of living together and good faith).

Try rewriting your affidavit to create a clear picture of ur-rship. This includes your dating, details of happenings, one particular thing u two did that stands out (u know how love goes), how your family was involved, did they know, who else knew, photos, hotels you went to (any receipts), places you visited, any talk of starting family, what did he say, did he want to visit your country, how did you prepare?

All these things show that you two had a plan of living together. A person simply trying to get a GC is not going to the trouble of meeting relatives in some country, planning, talking kids.

Wedding photos: the people who attended is testimony of good faith too. You are not going to invite people you respect to a sham wedding.

Did you lease anything together, buy anything together..blabla.

In absense of shared property, what you did together (in courstship and after) plays a big role in showing that u wanted to be married for life.

Hope it helps n good luck.

I was wondering if a police report be sufficient to proof abuse, because i have not visit any doctor or therapist.

@ Mali & Senegal peeps:

Good moral character: Criminal bkg (local and state), if u have ever volunteered, get an affidavit, notarize (if they do not have letter heads) and send in. It helps.

2. Read you 'personal write up again' and ask if it is detailed enough. The key words are: probative details. Do not just say he/she kicked me or hit me. Explain how it started, what led to it and your reaction. What did u do to try help yourself? Did you call anyone, if not, why?

For example: a scenario that may have led for abuse: she/he asks for gas money; u ask what happened to yesterdays: a pot goes flying, as you turn, ur hair is pulled. Befor u know it, it is run for dear life. Show a pattern...most importantly, how it began, it's actual happening, what followed. These folks know that shiet just dont jump from the blues.

If need be, re-write with more details, even the ones u thot were irrelevant: that is your only chance to explain your side. Consider that if they deny you, u are on the next plane home, so do not look at anything as embarssing to include. It happened? Include it.

I hope you find peace and move on.

I filed on my own, with an arrest record to boot, but got my approval in 6 months and GC in 11 months.

Good luck sistas and brothers.

@Tuckhoe

Each state is different. My state (WI) it takes a week (3-5) days. Al;l u need is to send a self addressed envelope, filled out form and ur right thumb print from ink. If u have no record, it returns in a day.

But local police, we get it on spot, and it states that as per that day...no record exists.

Another thing guys and girls, good moral support is not limited to police records. I submitted affidavits from places I had volunteered and am sure it helped move things along. I never had any bank statements, or filed taxes, or pyschological reports. My affidavit and people who knew me.

Anything that shows you are a good person. As a children book author, am sure it moved things alittle.

To all who are waiting: every cloud has a silver lining. All problems come to an end.

Cheers.

I received interview appointment letter today for my I-485 Adjustment Of Status after my I-360 VAWA was approved on June 22 ...My I-485 interview was scheduled for August 18...But my I-485 online case status doesn't change from: Initial Review "This Case is now pending at the office to which it was transferred" and I wasn't scheduled for biometrics appointment but had one done by myself for my I-360 VAWA to prove Good Moral Character which the result shows No Record Found.. Am so confused and scared.. And also I have a misdemeanor long time ago..7 years ago was lied on and implicated by my ex-spouse and its included in the VAWA case but has been dismissed and expunged from my record beside that I don't have any criminal record. I can't afford my attorney fee to accompany me to my interview...please guys do you think there will be a problem regarding this or will I be approved if I go to my interview by myself..Please any veterans with full knowledge, I need an advice of what to do. I have a month before my interview. My interview appointment is so quick though I requested an expedite on all my case, I-360, I-765 and I-485 which was approved on February 18, 2010....Or is this normal processing...Please I need an intelligent and professional with full knowledge response. Thanks guys!

Hello there,

I did have a record myself, some 7 years ago, n it had nothing to do with my spouse. A car dealer conned me out of $5000 n I was not amused. To cut it short, I got arrested n charged for tresspass, assault n battery, found guilty on ONE misdemeanor. However, I also successfully sued the dealer, fought tooth n nail n got my money back. Legally, I committed a crime by refusing to leave whEn he tried to force me to, but he also committed a crime by knowingly committing fraud. I got the record expunged, but I sent all the documentation to VAWA, with an explanation.

Infact, it was not mentioned at all, and my record called it a simple assault. The judge was willing to help out if immigration tried to use it against me, but they did not. Actually the IO at the interview smiled when he read about it. He actually said: This guy tried to con u and u got angry. He even apologized on behalf of Americans.

But I will suggest that u carry ur expungement record if you did not submit it. It obviously is not a problem, otherwise they'd not approve you. Remember, they do not just say ' u are a criminal'. They must look at circumstances and even consider how an American would respond.

An ID is an obvious thing to carry. Just carry yourself with respect and you will be fine.

Hey members,

I went to my interview yesterday and turned to be a real bad experience. Its not what i had in mind and its not what other people went through. My lawyer didnt show up and the office called me to tell me that he had an emmergency. I know he has diabetes but i was not sure what the emergency was. The interviewer came and got me asked me where my lawyer was i told him what they said. As we walked on the hallwy to his office he started asking me why am here for? i said for my VAWA interview. Then he told me to explian the whole VAWA story.

The spanish looking interviewer was very annoying and real bad that i felt like he was violating my human rights. he asked me all kinds of questions for about 45mins and kept going through my file for another 15mins. Some of the questions that i remember are: How did u come to US? why didnt u go back after ur F1 visa expired? did u marry for imm. purposes? was ur husband BLACK or WHITE? why did u go for deportation? did u divorce ur husband? are u sure he really abused u? explain the kind of abuse he did to u? did he cause any physcial damage to u? show me where? who told u about 1-360? i said the shelter case worker, he asked so thats what the shelter people are telling illegals to file i-360? where did u get the money to pay a lawyer? are u having an affair with anyone now? are u planning to get married? who do u live with now? what do you they do? how did u meet them? are they from ur country? what their immigration status in US? where do they work? whats there phone # and will call them to confirm this.

This man literally tore me part!!! He stamped lots of paper work inside my file. Then he asked for my passport, took my i-94, looked at my passport picture and asked if that was me, that i look different now!!! Then he asked me the 'NO'questions. Then he said he has to go through my file to see if will approve it or not, he also said i will call u if i need anything. i asked him if he had my #, he checked and confirmed it.

By the time i left there i had all bad memories about my abuse and he made me hate my self. I felt like i really needed to see my counsellor or my psychriast immediadety before i do harm to my self. Am writing this to see if i can feel better or somebody can comfort me in this forum. what do you think guys? do u think am gonna be able to put this mess behind me? do u think he did this because i had a deportation order. Hi, Kwala u had said am crazy, but now am really depressed feeling so low that i can destroy my soul. ooohhh plz somebody tell me something.

I am so very sorry to read this.

He will have to give u an approval anyway, but he really was not supposed to ask all that.

45 minutes interview? Wow! He was just mad at his life. Dont worry about him. USCIS already approved everything right.

I think now its sinking inside me. Am feeling much better if deferred ction stopped the deportation order. Thanks alot guys for comforting the needy.

Hi mulanjohns, do you know if i can request for a swahili speaking interviewer? how did you do it?

Unless u want a translator, I do not think you request for someone just like that. I guess it was my lucky day. Heck, I was shocked. There is a handful of E. Africans in this city, then bam, the IO speaks my native language. I think it worked in my favor too, he knew my hometown big time.

I think what happens is that USCIS sends the files to ur district office, and their supervisors schedules who interviews who. They will try to get someone from your region if she/he is available. I also think they try hard to find s'mone who is alittle familiar with ur original home. He my not be from you country but has an idea of that area.

This guy knew my village...lol.

Usitie shaka, they will not ask anything from the clouds. Basically all the NO stuff on I-485, right after swearing u in.

habari zako ndungu mkenya? Am soooooo shaky when i think about the deportation order. Jamani ule laywer wa kwanza kanitenda mabaya! Uhamiaji si mchezo! I have been praying God trusting he will do his will on thursday 7/1/10. Asante kwa ur comfort hoping when i go there my face wont look that scared. God Bless u all.

About the deportation order; that is what the 'deffered action' took care of. It means that immigration stopped trying to get you out, hence the deffered action. U are no longer their priority.

Trust me, they love to read that, what with 12 million illegal immigrants to handle. They like one off their hands.

Thats very true Kwala, because after my i-360 approval notice, i recived a letter stating that my case was put on deferred action. Thank you for ur comfort. sometimes I feel like am ok then i get scared. so Kwala u mean they will not hold me hostage when i go for interview? pls just say it again so that i can feel better.

Mambo mrembo?

Usibabaike dada. You will be fine. No one will confine you, infact do not let the attorney take you (and charge you) for the 5 minute interview. Like Kwala has said, USCIS cannot approve your I-360 if there is something amiss. Remember, they run all checks, FBI, ARREST RECORD BE4 THEY OK.

The issue of your husband having had a wife: U got I-360 because you genuinely believed he was marrying you, that is what qualified you. Even if he hid the documents afterward, or was not divorced, as long as you were not aware, and genuinely believed u were marrying him, you qualify.

I-485 interview will basically be the questions on that form. The IO may try to lead you into talking about the whole thing, which he should not, but do not go there. Just answer the ones he asks precisely.

I was interiewd in swahili by an American married to a Tanzanian. It was hillarious, he spoke better swahili than me. Ati una mpango wowote kuwa gaidi, what is gaidi?

Good luck dear.

Yes thank you Jesus! my I-360 was approved and my I-485 was sent to NBC this morning for Standard Interview. It was updated from Initial Review to Testing and Interviewing... Is this normal? Finally am Free..I am so happy, excited and full of Joy!!!!!!!! Thank you all for your love and support in this Forum...I really appreciate you all....! So what is the meaning of my I-485 status is this normal for everybody...I mean from Initial Review to Testing and Interviewing without Appointment for Biometrics! Am confused and surprised!

Congratulations gal! I know that feeling. I got my text while in a Library, and i had to let out that Hooray!

Yes it is normal. Mine went from Initial review to Document Production/Oath, then swang back to approved notice.

Fact is your case has been approved, anything else you see online might keep shifting or not. Matter of fact, my card production was ordered twice, I got 4 texts of approval all on different dates.

But the hard copy mail was the original true one.

Good luck. Lets start living now.

Good luck good people. Keep the faith.

Hello,

I am looking to file an I-360 VAWA petition against my abusive wife who is a US citizen. In my case, there was no physical abuse, it was financial/sexual abuse. We have only been married 3 months. After the marriage, she told me that she married me only for money (I have a Masters' degree and a six figure salary). The abuse started about a month into the marriage. She has been seeing someone else and frequently calls him over to our house when I am present. They would then indulge in intimacy like kissing and fondling in front of me. Then they go into our bedroom and have sex and make sure I hear them moaning. She goes out on dates and expects me to pay for them. I feel humiliated and find it difficult to function. There has been other kinds of abuse as well which I can document.

I have the following questions:

1. The evidence I have to show for the abuse are mostly degrading text messages from my wife. Is this enough? I am thinking of getting a letter from a psychiatrist also.

2. Is it enough to get police certificates to show good moral character?

3. We had filed I-130 and I-485 and we have our interview scheculed for the last week of June. What will happen if we miss the interview?

4. Do I have to file another I-485 with the I-360 or can I reference the original I-485 filed as part of the marriage petition?

5. I also have EAD and Advanced Parole approved as part of the marriage petition. Will these still be valid if I file I-360? If not, can I file for these again as part of the I-360 petition?

6. Is it going to be an issue that I have been married only 3 months? It may take another month to collect evidence and prepare the application.

7. Will USCIS contact my wife or will my wife need to be involved in any capacity for this application?

@Roger

I do not mean to rain on your parade or discourage you, but how d'u intend to explain away why you did not remove yourself from the situation?

Especially in a marriage where she was expecting you to pay, and having sex with someone while you listen to the moaning.

From my opinion, just my opinion, they will need more than that. I can see someone say, this is good old cheating and he married a money grabber- happens everyday in America.

Your saying you had a 6 figure pay with a masters degree only goes to make someone ask why you allowed it, or why did you marry her again?

My goal here is to help you come up with a more probatively detailed explanation. We may want to deny here, but your being a man puts you in a more defensive position because historically, it was the women suppressed.

All the best.

Hello everyone,

I'm new here and I'm just about to start to file for a VAWA case for myself. Could anyone advise me if I have to hire a lawyer for this. I prefered not because I couldn't afford it. Has anyone experienced of filing their case by doing it themselves and without a lawyer?

Please help. I will highly appreciate all advises.

Thank you and God Bless everyone in your quests!

Yes I have. Without a lawyer too, and a criminal record to boot. If you trust yourself-are willing to read, and re-read and do research, you do not need a lawyer. Do not expect immigration to translate anything (maybe she means this or that), be very explicit. They want A, give A, or explain why A is missing (convincingly).

Good luck dear.

Hello Dudes and dudettes!

Any news? Approvals, applications, interviews.

I have my interview on 05/05/2010..and man, do they want me to take the same things I have mailed over and over!

Good evening yo'll

Updated filing address information.

The beneficiary of an approved Form I-360 based on the eligibility category "Battered Spouse/Children" and you are filing for adjustment of status.

If you are filing as a battered or abused spouse or child and you are filing Form I-485 (Part 2, Box "h" on the form), file it and any associated forms with the USCIS Vermont Service Center.

Hi,

Was just wondering. Why you filed your AOS to VSC? I filed mine to Chicago Lockbox. What difference does it make?

@Yahya

All the best bro. Don't lose hope. They may hold it, they may send RFEs, but they know they have nothing on you.

God bless you and others waiting.

Anyone, please help answer this.

Is it possible to get a job with a VAWA approval? I have a job offer and showed the VAWA approval (I filed the AOS 5 days ago), but they are insisting on seeing the card.

What can I do?

I really need this job people, urgently.

Any advice?

what are the requirements to apply for vawa ? do i have to be in the US for a requied time before i apply for vawa?

A good place to start will be www.uscis.gov, search forms I-360, and throughly follow instructions. Your second question, NO. You only need to have stayed with a buser at some point, the point at which the abuse was going on.

Waiting to stay for sometime will beat the whole purpose of the benefit i.e to get you out of a potentially dangerous position.

Hi;)

I've got the same by the way "The service has decided to place this case under deferred action, which is an administrative choice to give some cases lower priority for removal. Therefore, the service does not anticipate instituting action for removal at this time".......Honestly i don't know what does it mean:(I also was worried but then i had an interview for AOS and now i think that i have a GC my case is not under deferred action...but maybe I'm wrong?

It simply means, in normal english, they will not be deporting you. If you were in the process or immigration was yet to catch up with you, u now have some basis to stick around.

I think you have all the basic requirements for VAWA, perhaps except proving abuse and extreme cruelty. I wuill not tell you not to give it a shot, after all, it is free to file.

My one cent: Find people who can support the fraudulency of your husband and his abusive nature.

It can be a challenge with evidence coming from abroad.

Hello Everybody! Today I've gotten an e-mail from USCIS saying that my case was denied. They don't say why in e-mail so I'm waiting for actual mail. I don't know why it was a very strong case. If they were going to deny it why it took 13,5 month and why they issued 2 Prima Facies and why they sent a RFE. I've talked to my lawyer and she said that I have 30 days to appeal it. I was wondering if anybody's case got denied like mine and appealed it and got approved. Any suggestion will be appreciated.

Hello there!

Sorry to read that, but do not give up.

My two cents: Winning an immigration appeal is much harder from what I have read in all denied appeals and from friends experiences. This is because you are now before folks who have spent years just digging out mistakes interpreting and ruling. They have little time for understanding or things like that-pretty much cutting the chase upfront.

What a friend advised me is: If they deny it, wait for whatever period they need and file again, filling the holes you had previously. A few people here have been denied, re-filed and won.

Note: All VAWA appeals as you will note had attorneys. And none of them helped them thru.

Once you appeal and are denied the appeal, you are done.

MulanJohns Thank you SOOOO MUCH for yr supportive replay!!! Thats wot i was planning to do! I didnt write my personal statement yet, BUT i had an abortion from him just before getting married,caz he said that we need first to have a house and then save money and plan kids. I didnt have a choice caz i loved him. Do u think it can be applied to support good faith?! I ve got a history report and a pic of "ultrasound" from the doctor where i ve done it. But when i had my Psychiatrist evaluation i didnt say anything about abortion besides the abuse of hitting me, caz its such a shame for myself thats happend....

BTW I ve got my prima facie after 2 weeks i filed! Waititng for my EAD...

The abortion should be one of your strong points and then his' drug problem (and the fact that he kept this info away from you). It will be more better if you can find someone or something that proves that record too. If you talked to anyone about the abortion, let them write about it.

Note: The big thing I noticed with VAWA cases is that you shud never go on record and fail to substantiate. Read the denied cases and see what VAWA applicants failed (most with attorneys) to provide. Also remember to be very keen with what u send/say. Infact, each time I sent something, I cross checked to make sure that if it is mentioned elsewhere, there are no holes. They will dig your whole record from the day you set foot in this country. Don't give anything you can not explain.

Pls also note that am basically writing from my own experience, two lawyers told me previously my case was tooo weak because I had no medical records (visited a counsellor once, that was it) or police reports. Thing is, I had other misfortunes in tow, I had to push the counselling thing to the back. I send in the record to show why I did not try following up initially. I knew what I knew in my heart, so I believed myself, and with God's mercy, I got approved in 6 months. Keep vigil of your case, some attorneys are not very keen/knowleadgeable of what they say.