mua9999

I am consulting with an immigration attorney asking for advise and what not. I really don't have any money for hiring one. I am hoping to file this on my own.

No. I was in an abusive marriage with my wife i have separated from her 2 times. There were times when things will go very well for a while and then she would become abusive and controlling again. She would scream and yell an a loud piercing manner incessantly to get her way. She would call the police on me under false pretense if i don't play by her rules. It is a vicious cycle. She would threaten me with withdrawing her petition if i don't play by her rules. She would schedule appointments with immigration and then later cancel it in order to make me do what she wants. She calls police on me under false pretense claiming that i abuse her physically, she would try to place herself in positions and aggravate me so i hit her so she can have something to hold against me. I always avoid her at ALL cost. Dude, that woman punches and beats the hell out of me and i couldn't do anything because i can't report to the police; i didn't want to get in any trouble. Because if i reported she would withdraw her petition, then i will be screwed. Seriously i don't wanna go through explaining everything i have gone through. I already wrote a 20 page statement of everything she put me through. Dude, i suck up a lot of abuse because she made me believe she was my only salvation to remain in the US and that if she withdraw her petition i will be deported; so i stuck with her even as the abuse got worse. She made me cease contacts with my friends, and she monitors everything i do. I am one of the unfortunate ones on here who have never heard of VAWA. I was always afraid of reporting her because she would withdraw her petition, which she has now done. We haven't gone for an interview but yes we did file an AOS back in August. She manipulates and controls everything. I she would try make be look like the abuser and she the victim. Apparently it's a pattern in her family, she learned all this behavior from her mother who also abused my wife's dad. Her dad wasn't surprised when i told him everything i have been going through. My wife, her mom and her sister had warned me vehemently never to speak with my wife's dad and that he was a mean person. Not until several months of abuse that i finally went embarrassingly to my wife's dad and he told me his own experience that what i went through is what he had gone through. All his daughters are abusively controlling, and it's a pattern they learn from their mom. I never knew because when things got really bad i would call my wife's mom for help. She was always the one i reach out to for help. She apparently she is the mastermind of abuse. Okay, those that help clarify things. I was even afraid to have an order of protection against her because she would withdraw her petition.

One important thing i never knew was that i could file by my own without her help. I never knew this. I stayed with her and she abused me like non other, threating to withdraw her support if i don't do what she wants. She made me cease contacts with my friends and only with her permission can i do whatever i want. She gets worse when she drinks. I was at the bottom of the pit before finally friends helped me by introducing me to an immigration attorney. That was when i knew i could get my way out of the destructive relationship. It also took me a while because i had to gather evidence which includes statements from my domestic violence counselor, therapist, and other friends and also my own statement. She used her power to control me like a puppet. I have never been abused before it is just very demeaning and depressing. I got my proof of moral certificate so...

Oh by the way, did you say it is free to file I-360 as a battered spouse???? I believe this is true but i want to be sure.

Thank you for all your comments.

How does this affect my petition for VAWA??? Can i continue with filing my petition since i am sending everything this week?

Hi guys,

Please i need advice from you guys. I am filling for VAWA... its taken me about 2 months to gather all the statements and evidence i need. I will be sending in my petition by the end of this week. My wife is very violent and alcohol compounds the issue. She has abused me physically, mentally and verbally, and it has a great toll on me. She finally withdraw her petition in January 21 2010. I got a letter from USCIS March 29, 2010 that my application to register permanent resident or adjust status form I-485 was denied. Here is what the letter says:

PROCEDURAL HISTORY

On August 28,2009 you filed an application to register permanent resident or adjust status, form I-485, pursuant to a petition for alien relative, form I-485, pursuant to a Petition for Alien Relative, form I-130, filed in your behalf by _______ ________, on August 28, 2009. In doing so, you seek to obtain immigration benefits pursuant to section 245 of the immigration and nationality act, as amended (the Act).

APPLICABLE LAW AND DISCUSSION

Section 245(a) of the Act states in pertinent part:

The status of an alien... may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if ....(3) an immigrant visa is immediately available to him at the time his application is filed.

CONCLUSION

The records of this agency indicate that the petition for Alien Relative filed on your behalf was withdrawn on January, 14th, 2010. Therefore, in the absence of any indication that you are entitled to another status, it is hereby determined that you have failed to establish that an immigrant visa is immediately available to you as required by Section 245(a)(3) of the Act. As a result, your application must be and hereby is denied as a matter of law, There is no appeal of this decision.

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My marriage was very abusive and so here i am, and i can't afford a lawyer. By i have been reading a lot from this forum and it's been helpful. I will be filing my petition by the end of this week but i need advise. I don't know if this letter changes anything. Also Since my EAD is still valid, i am not sure if it is okay to continue working about my I-485 has been denied. PLEASE I NEED HELP. Whatever advise you guys can give will be deeply appreciated. Thank you!