kazuava

Well, that is true... See http://www.voanews.com/content/us-immigration-judge-suspends-deportation-of-gay-spouse-118741179/174610.html And you can find a lot of similar info online.
I think after almost 6 years married I also (and many other people in this forum who deal with missaplied AWA in immigration) deserve a break... While they stall like this our lifes go by.

My husband's 1st petition was pending for almost 2 years before they denied us. His 2nd petition was pending for 3 years and they denied us again in Dec 2011. Now we didn't have a choice but appeal... And looks like it will be about a year untill we hear anything from BIA.
That is more than 5 years of waiting only to hear that it is not safe enough for me to live with him and after almost 6 YEARS of marriage and heaving 2 kids together, I need to go back home. That is what I call nutts...
I wonder if anybody had won an appeal yet?

We got a 2nd denial. THe reason is a criticue on everything was send as a reply on NOID (to a point of saying "you have 2 US citizen children with the beneficiary. Although these children are not covered under the AWA, the presence of these children increases the aforementioned risk to the beneficiary...", "the effidavits submitted by you and the beneficiary have the minimal weight" and so on).
Additionally, the denial dated on 13th of Dec was sent to our previous-previous address (Why?). So, we were very lucky that the person who got it went above and beyond to find us, and we got the letter a day before Christmas. SO far we spoke to our lawyer on the phone he gave us enough information to file an appeal Application Form ourselves, and his brief will follow shortly (you could do it withing 21 days since the Application is sent, but the Application has to be filed withing 30 days). That is what I mean, what was the reason to sent an appeal on the very old address? No, they do have a new address: 2 reasons, first I went to Infopass and changed it in person and have Confirmation, 2nd on the Court which has to do with my 1st Denial they already had the new address... And I mean a very old address! SO, is it just to waist a presious time for us to act during busy holliday season? Besides, that is the worst time for money... But we have to be greatfull for the fact that we got it - thank God still in time!
I know a lot of people had their files forvarded to Vermont. I wish the best luck to all of you - my case was not forvarded there, and as the Memorandum ststes, that the new rulls of adjudicating the AWA cases and heaving them to forvard to Vermont does not apply to the cases which are processed in the local offices (why in the world my case was transfered from CA SC to the local office is another little mistery). But the decision on my case was made by the local Director. So, hopefully you guys will not get any of the noncence we got in my Denial, because, from what I understand, Vermont has a special committee on the AWA cases.
Long story short. We will appeal for sure, and may be doing something else as well... Haven't talked to the lawyer other than on a phone yet... Again - holiday season. I'm so greatful that he (lawyer) is not on Hawai on vocation! THat would be a bummer!
So, lets be greatful for what we have and pray for the best!

If only it was so easy!
That is why my husband, who is not even in a registry (get an idea of what kind of "rapist" he is?) can't get his petition approved for me, his 30 year old wife. And me, his wife, because USCIS prefers to do nothing for 3.5 years of our petition is pending, have to live ... almost like in the underground. I'm not legal (can't work, can't get DL), but not an illigal too... My choices are wait, go back home and quit on out family (gosh, we have 2 kids now together - the result of out 5 years old marriage!!!!!) or get crazy because all I really can do is to be stuck at home and clean, cook, etc. No DL - little driving, no work - no money to babysitting and getting out to enjoy myself (moms need a break!!!).
Is this AWA fare for me, a 30 year old girl? (Kids were born after our marriage and are the US citizens). When I came I had almost completed Masters degree, I was young, succesfuul and fell in love with my husband, I still don't regreat. But that is hard for a person of my personality for 5 years to do nothing, but never-ending chores at home. And that is only because of AWA. No, the law is not fare, but even worth - the way cases are processed (or ignored) is even more unfair! (I agree with an idea, but the way it is handled - is a broken policy!)
But even better - if all of it 'to protect" me, than, USCIS, please, do it faster! If he (my husband) was a monster, he could do a bad thing to me many times by now. THe timelines defeat the purpose of the law!
Really, isn't 3.5 years is enough to read through a file?