Vawa part 4

[John J 10]

Haphazard is not a bad choice of word if you are considering if its necessary to get a psychologists Expert Report or not. I believe waiting and really thinking this through is your best bet.As you said the kids.Filing Vawa has consequences that you are not ready to face with reason.It is NOT an easy road.Again i can give testimony to the fact that i did not send any medicals.I just got it done, was not RFEd and is taking it with me since it was requested in my interview letter to bring

Your case is typical of being haphazard you sent in I-485 without doing your medical. When I did my AOS 6 years ago I got my I-485 filled in and did my medical with I-693 from the doctor ready to be sent to immigration not do one and then the other and risk being RFE'd.

If you can and others send in I-485 to get your EAD then so should I and all I'm saying if its possible to go without seeing a psychologist and others have then why not me.

Something went wrong with text FONT when I copied it.

Edited January 4, 2014 by John F

[anajnic 87]

Your case is typical of being haphazard you sent in I-485 without doing your medical. When I did my AOS 6 years ago I got my I-485 filled in and did my medical with I-693 from the doctor ready to be sent to immigration not do one and then the other and risk being RFE'd.

If you can and others send in I-485 to get your EAD then so should I and all I'm saying if its possible to go without seeing a psychologist and others have then why not me.

Something went wrong with text FONT when I copied it.

Which is more critical , A Medical report or a psychologist report?. Which increases my chances of denial, a psychologist report that determines and proves if i was psychologically abused to prove my case to get it approved? Or a medical that comes way after despite the fact is needed could be tendered before, during or at the time thereof. I. One has more bearing than the other

rest my case

Which is more critical , A Medical report or a psychologist report?. Which increases my chances of denial, a psychologist report that determines and proves if i was psychologically abused to prove my case to get it approved? Or a medical that comes way after despite the fact is needed could be tendered before, during or at the time thereof. I. One has more bearing than the other

rest my case

risks getting an RFe and risk getting a denial is 2 different things

Which is more critical , A Medical report or a psychologist report?. Which increases my chances of denial, a psychologist report that determines and proves if i was psychologically abused to prove my case to get it approved? Or a medical that comes way after despite the fact is needed could be tendered before, during or at the time thereof. I. One has more bearing than the other

rest my case

risks getting an RFe and risk getting a denial is 2 different things

oops I meant " increases my chances of approval" my bad

[John J 10]

I'm not wanting to do a psychology test because it doesn't fit in with my schedule, I'm not wanting to do it if its not 100% necessary. Likewise having my abuse written in the New York Times paper and showing it to immigration may improve my case but its not necessary.

I have 3 forms of abuse psychological, physical and refusal to do AOS. You can be the nicest spouse on the planet but not refusing to do AOS for your sponsoring spouse because you want to use the AOS money to buy her a $10,000 ring, still allows the spouse to file VAWA.

I can do VAWA based on refusal to do AOS. Are you saying don't risk this alone because you don't have enough evidence, you have more evidence for the psychological abuse and physical?

The only slight evidence I have for refusing to do AOS is when I called the police to have me put in illegal immigration detention.

[anajnic 87]

I'm not wanting to do a psychology test because it doesn't fit in with my schedule, I'm not wanting to do it if its not 100% necessary. Likewise having my abuse written in the New York Times paper and showing it to immigration may improve my case but its not necessary.

I have 3 forms of abuse psychological, physical and refusal to do AOS. You can be the nicest spouse on the planet but not refusing to do AOS for your sponsoring spouse because you want to use the AOS money to buy her a $10,000 ring, still allows the spouse to file VAWA.

I can do VAWA based on refusal to do AOS. Are you saying don't risk this alone because you don't have enough evidence, you have more evidence for the psychological abuse and physical?

The only slight evidence I have for refusing to do AOS is when I called the police to have me put in illegal immigration detention.

Per your response>>>>>>>"I can do VAWA based on refusal to do AOS".NO,you will be denied "Are you saying don't risk this alone because you don't have enough evidence, you have more evidence for the psychological abuse and physical"?<<<<YES EXACTLY.Refusal to file AOS of status as the sole basis of your Vawa Claim is not good enough,if that were the case many would have gone that route

[piper2013 4]

John F, simply refusing to file the AoS is not considered abuse. To be considered abuse, this has to be tied to other factors of abuse, for example a well-documented and credible pattern of what USCIS understands as legitimate abuse. Similarly, if your spouse cheated on you, this is not considered abuse either, even if she got pregnant by another man. Some things are defined by the law as abuse and others are not. Refusing to sponsor for AoS on its own is not. For the USCIS legitimate abuse has to go beyond a certain threshold, which, in fact, is not easy to define, especially in cases of psychological abuse. You have to prove that you were the victim of extreme cruelty. These are subjective interpretations, especially when you are involved emotionally with someone and especially when the prize is permanent residency. For this reason, the USCIS relies on a professional evaluation. A psychologist that has experience with victims of abuse can provide such an evaluation. Your subjective emotions are something that can't convince the USCIS easily. A

According to immigration laws, the US citizen spouse is not obliged to sponsor anyone for a green card. If you read up more broadly on marriage and green card, you will discover that the refusal to sponsor for AoS alone is simply not considered abuse. It is much more complex than that. This is the reason there is a special service center in Vermont, where adjudicators trained in this matter make decisions. If in combination with other things, then the refusal to sponsor for AoS can be abusive. But I have to agree with anajnic that this by itself is not grounds to be approved under VAWA.

There is a lot written on VAWA and I'd do some reading if I were you. Your situation might indeed be difficult and you might indeed be a victim of abuse. But you need to inform yourself before you decide what qualifies for abuse and whether you are a victim. I hope you are not simply relying on a forum. This forum can be very helpful, but this is a long and complex process involving a lot of documentation. You need to do your own research. I personally spent months learning about this before submitting my application. Also, there are not silver bullets here. Every situation is unique. If you don't inform yourself and if you don't pay careful attention to the rules and requirements, odds are that your application won't be very successful, especially without a professional psychological evaluation. So you would probably benefit if you took your time and understood what VAWA is, how it works, and whether it can work for you.

[anajnic 87]

John F, simply refusing to file the AoS is not considered abuse. To be considered abuse, this has to be tied to other factors of abuse, for example a well-documented and credible pattern of what USCIS understands as legitimate abuse. Similarly, if your spouse cheated on you, this is not considered abuse either, even if she got pregnant by another man. Some things are defined by the law as abuse and others are not. Refusing to sponsor for AoS on its own is not. For the USCIS legitimate abuse has to go beyond a certain threshold, which, in fact, is not easy to define, especially in cases of psychological abuse. You have to prove that you were the victim of extreme cruelty. These are subjective interpretations, especially when you are involved emotionally with someone and especially when the prize is permanent residency. For this reason, the USCIS relies on a professional evaluation. A psychologist that has experience with victims of abuse can provide such an evaluation. Your subjective emotions are something that can't convince the USCIS easily. A

According to immigration laws, the US citizen spouse is not obliged to sponsor anyone for a green card. If you read up more broadly on marriage and green card, you will discover that the refusal to sponsor for AoS alone is simply not considered abuse. It is much more complex than that. This is the reason there is a special service center in Vermont, where adjudicators trained in this matter make decisions. If in combination with other things, then the refusal to sponsor for AoS can be abusive. But I have to agree with anajnic that this by itself is not grounds to be approved under VAWA.

There is a lot written on VAWA and I'd do some reading if I were you. Your situation might indeed be difficult and you might indeed be a victim of abuse. But you need to inform yourself before you decide what qualifies for abuse and whether you are a victim. I hope you are not simply relying on a forum. This forum can be very helpful, but this is a long and complex process involving a lot of documentation. You need to do your own research. I personally spent months learning about this before submitting my application. Also, there are not silver bullets here. Every situation is unique. If you don't inform yourself and if you don't pay careful attention to the rules and requirements, odds are that your application won't be very successful, especially without a professional psychological evaluation. So you would probably benefit if you took your time and understood what VAWA is, how it works, and whether it can work for you.

Thats it right there in a nutshell..Excellent info

[Sandra G. 5,016]

john F you need to have a police report in case the psychical abuse or a psychological evaluation in case of mental abuse.

If the abuse was physical but you don't have a police report USCIS might consider some factors why you were not able to have a police report, but they will ask notarized affidavits of friends/relatives that saw the abuse, just having acknowledged is not enough, or medical report stating that you were battered.Just your affidavit and your friends affidavits telling about mental abuse won't be enough.

The delay to file AOS is not considered extreme cruelty. It shows some pattern of abuse, but is not a reason to have a Vawa case approved. If you want to have your case approved you have to see the big picture and not just your case, USCIS has guidelines and they will follow each one, your case won't be considered special than any other case, all cases have to follow their guidelines such as to proof extreme cruelty and or domestic violence, to proof bonafide marriage, just having children does not proof bonafide marriage, you need to show commingling finances and commune residence.

Keep in mind Vawa was not created to get a work permit, this is secondary, Vawa was created to help victims fleeing domestic violence. We have hundreds of shelters across the Country for victims of domestic violence, you will have a place to stay and food to eat, then issuing a work permit is not in the USCIS priority list.

Edited January 4, 2014 by sandranj

[Sandra G. 5,016]

John F you don't have to submit a medical exam now with your I-360, you will get an RFE to submit later on. First of all find a place to do some therapy sessions, I know you have to be at home taking care of the kids, but you have to come up with some idea to get out of the house at least one hour per day once a week then attend 5 sessions and ask a psychological evaluation. It's not cheap then try to find some institute where you can get some free therapy or low cost therapy. MAKE SURE YOU WILL SEE A PSYCHOLOGIST, not a counselor or psychiatrist.

You need to be careful when putting your address because you still live with her,USCIS will send the mail to your address, you have the option to choose a different address, but I saw two cases despite the aliens put a different address they sent to their houses, then make sure to check the mail everyday.We have here one member that his wife got the mail from USCIS and he ended up in jail, she was so mad that she called the cops and created a bunch of lies and he spent a few weeks in jail then be careful when filing Vawa.

Edited January 4, 2014 by sandranj

[bestgirlever 12]

John listen to the advices here and don't make the mistake of using your address. If your wife is as domineering as my ex husband then it could turn out horrible like sandranj just said.(My ex refused to give me keys to the mailbox, so he goes to check the mail, opens ALL my mails, hide some and give me the useless ones. I would have been dead if he found out I did vawa. I know you love-your wife and kids we all did. But its time to think straight! We can ALL say all we want here as an advice or encouragement but at the end of the day the final decision is yours and your alone. Good luck

[vawa111 2]

Did you find out anything during the info-pass? is it worth it?

Hi hopeful12,

You misunderstood, I did not go to the infopass. I heard its waste of time so I have decided to wait.

[hopeful12 1]

Hi hopeful12,

You misunderstood, I did not go to the infopass. I heard its waste of time so I have decided to wait.

oh ok. I did an e-request but they didn't tell me anything... I hope we hear some good news soon.

[Sandra G. 5,016]

I am back to the US and definitely there is no place like home, and my home is here. I was happy visiting my family, but I was thrilled to come home.

Happy 2014 everyone. Domestic violence/extreme cruelty is a traumatic experience,and I ask each one of you to find help to heal the psychological wounds, because all forms of violence leave psychological scars and you need to develop skills to understand that your life is worth it,to learn that abusers do not change and you have just to save yourself. To recognize signs of abuse at an early stage of any relationship in order not to be at risk of falling into the same trap of abuse again. You need to understand that everyone is responsible for their own behavior, and your abuser chose to abuse you and you are not responsible for what you endured, but you are responsible to take care of yourself.You broke the circle of abuse and I am so glad for that, now it's time to be gentle with yourself and be thankful because you are a survivor.

Edited January 5, 2014 by sandranj

[bestgirlever 12]

Well said sandranj..

Welcome back home

Praise God for journey mercies

[vawa111 2]

Glad to hear that you are back Sandra.

Thank you for always being here on this forum helping us and Happy New Year!

I would like to open a new subject here.

While all of us are waiting for I360 approval and AOS also we have to be working on changing our lives.

A way to do that is EDUCATION.

We all have been abused and none of us was thinking school or prosperity, but opposite survival.

Now that we are out of the circle that is really hard to escape we have to do something to improve our lives.

I have been thinking about going back to school and get my master degree. But all universities are so expensive and I cant afford it.

I know that we can apply for FAFSA and also there is scholarships and maybe financial aid.

But I was thinking if there is any specific scholarship about victims of abuse.I have been trying to look for some but no result. I found scholarships about many profiles of people but not for abused victims.

Any thoughts on this or any ideas ? Maybe somebody was going through same thing and can give us some ideas where we can look for help.

thank you

[bestgirlever 12]

Glad to hear that you are back Sandra.

Thank you for always being here on this forum helping us and Happy New Year!

I would like to open a new subject here.

While all of us are waiting for I360 approval and AOS also we have to be working on changing our lives.

A way to do that is EDUCATION.

We all have been abused and none of us was thinking school or prosperity, but opposite survival.

Now that we are out of the circle that is really hard to escape we have to do something to improve our lives.

I have been thinking about going back to school and get my master degree. But all universities are so expensive and I cant afford it.

I know that we can apply for FAFSA and also there is scholarships and maybe financial aid.

But I was thinking if there is any specific scholarship about victims of abuse.I have been trying to look for some but no result. I found scholarships about many profiles of people but not for abused victims.

Any thoughts on this or any ideas ? Maybe somebody was going through same thing and can give us some ideas where we can look for help.

thank you

Mydear this is a Good topic. I have been searching same and still hasn't found anything. Looked up fafsa and the highest is $5600 which is great but enough for my master prog. I was even thinking of changing courses into healthcare and start afresh. Its easier to get student loan for freshers than master degrees.

I would have started this masters since I came to US but talking about being married to someone who never want his victim to progress, he never allowed me further my education his insecurities was killing him. Have you tried sallie mae loans? I tried but their interest is low and since my ex had messed up my credit girl!!! They didn't give me. They asked for a US citizen co signor which I don't have cos the few people I knew were his hypocritical friends and aunts so I'm still trying to build a toally neww friends. Its like high school all over.lol