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Immigration Forum / USA Marriage Base / May 2005VAWA I-360 approved. Need advise
Hi, I am a new member. I am in Chicago. My VAWA case got approved in the end of 2004. I had the fingerprint in Jan. 2005, . Before VAWA, My husband filed I-485 for me in Oct. 2003. I am wondering what is the process after the VAWA case approved to getting the GC. During waiting, what should I do for the GC? My husband is still abusing me time to time. I am afraid to divorce because I really don't know what's going on for the process of the GC. Thank you for sharing any your opinions and experience. > Hi, > I am a new member. I am in Chicago. [quoted text clipped - 8 lines] > > Thank you for sharing any your opinions and experience. Ouch!, poor you:( I am very happy to hear your VAWA case was approved, I am not familiar with this procedure but I found this on the net: http://uscis.gov/graphics/howdoi/battered.htm Hope that helps!, I wish you nothing but the very best. Sorry I can't be of anymore help! Take care please. > Ouch!, poor you:( > I am very happy to hear your VAWA case was approved, I am not familiar [quoted text clipped - 3 lines] > Sorry I can't be of anymore help! > Take care please. Thank you. > Hi, > I am a new member. I am in Chicago. [quoted text clipped - 8 lines] > > Thank you for sharing any your opinions and experience. He last man that laid a hand on me ate a dog food sandwich... for real. It was the first time I ever deserved to be a.s whipped and it was the last. I haven't a clue what VAWA is so I cannot comment on that ... but I wish you happiness and strength to get out of that relationship. > He last man that laid a hand on me ate a dog food sandwich... > for real. [quoted text clipped - 4 lines] > I haven't a clue what VAWA is so I cannot comment on that ... but I > wish you happiness and strength to get out of that relationship. The Violence Against Women Act. Nothing pretty really:( OP: If after reading the link I gave you, you have questions come back and ask, someone might be able to help, if you don't have any questions but would like to hang out with us, you are VERY welcome!!:) > Hi, > I am a new member. I am in Chicago. [quoted text clipped - 8 lines] > > Thank you for sharing any your opinions and experience. If you're getting hit then get out, get out, GET OUT! No sense staying, no matter GC or no GC. One day he might just kill you. Then the GC means nothing. If your VAWA case got approved then doesn't that mean that you are clear to self-petition (or perhaps even already AOSed). If that's the case then I don't see why you would not also have a GC. But to me something is not right here. Generally VAWA's are for women that are being battered and seek to get out from under the batterer without fear of being deported. I thought one of the (almost) requirements would be that you are not still living with the guy but above it seems as if you still are. I find it hard to believe that they would approve a VAWA case with you still there. Why are you still there? It's dangerous and there is no reason why you should remain there. There are a lot of agencies that will help you and I suspect you probably have been in contact with them already (lay people and foreigners generally don't know what stuff like VAWA is). As such I find it hard to believe they would not be strongly advising you to leave this man. My understanding is that they also have many resources and access to legal help for such cases. Haven't you been using the help that has been being offered to you? Why wouldn't you have asked legal counsel what your options are? Why would you ignore such assistance and instead come here to a newsgroup of rank amateurs? Makes me wonder...  SignatureDemons are a Ghouls best Friend. > > Hi, > > I am a new member. I am in Chicago. [quoted text clipped - 45 lines] > -- > Demons are a Ghouls best Friend. I understand now.. GET OUT.. WHY ARE YOU THERE? There is no logical reason you should be with that guy. You are causing problems for yourself that only you can control and no one in this forum will be able to help you. >>> Hi, >>> I am a new member. I am in Chicago. My VAWA case got approved in the [quoted text clipped - 40 lines] > yourself that only you can control and no one in this forum will be > able to help you. I'm not the one with the problem. Why then did you respond to my post as if I was? Just a misquote? SignatureAn ounce of practice is worth more than tons of preaching. - Mohandas Gandhi > >>> Hi, > >>> I am a new member. I am in Chicago. My VAWA case got approved in [quoted text clipped - 59 lines] > An ounce of practice is worth more than tons of preaching. - > Mohandas Gandhi sorry bout that... > sorry bout that... Thank you for your words and concern. My husband is addicted to alcohol. His family has problem with alcohol. After I got protection order last summer. He cannot drink at home. He still drinks time to time. I know it’s difficult for him to quit drink. He asked his attorney to write a letter to drop I-485. So I have no choice to file the VAWA through one origination. The attorney who helps me file the VAWA case told me that I had to wait for the interview. I post at this forum because I thought there might be someone who has same experience as mine. I appreciate all your help and concern. >> sorry bout that... > > Thank you for your words and concern. > > My husband is addicted to alcohol. His family has problem with alcohol. Did you not see this prior to agreeing to marry him? > After I got protection order last summer. He cannot drink at home. He > still drinks time to time. What do you mean that he cannot drink at home? What kind of protection order did you get? I've never heard of a protection order that just stipulates that the other person cannot drink but otherwise the two can be together. Even if there is one you need the other kind - one that states that he cannot be within X feet of you or he's in violation of the order. > I know it’s difficult for him to quit drink. That is not your problem. > He asked his attorney to write a letter to drop I-485. So I have no > choice to file the VAWA through one origination. The VAWA is only if you are being abused and/or threatened with harm. It has nothing to do really with the I-485. Since you have stated that you have been abused then the VAWA is indeed for you. Whether he drops the I-485 is irrelevant because as I understand it the VAWA is a way for you to adjust status independently from him since he's an abuser. IOW it does not matter to you that he has dropped the I-485. > The attorney who helps me file the VAWA case told me that I had to > wait for the interview. I post at this forum because I thought there > might be someone who has same experience as mine. Your original post is concerned with getting a green card. I assume you want that to start working and provide for yourself. What did your attorney say about that? That's the person you should be asking - not us. > I appreciate all your help and concern. Get a stay away protection order on your husband. Have no further contact with him. Contact your lawyer and ask him how you go about getting a green card/work authorization. Meantime file for separation and/or divorce proceedings. Keep away from your husband - only have contact with him through lawyers - and keep yourself away and safe. SignatureWhat do you do when you see an endangered animal that eats only endangered plants? > Thank you for your words and concern. > [quoted text clipped - 8 lines] > > I appreciate all your help and concern. I totally miss-read your post! Oh my gosh!, you are still with that man??, Sorry if this sounds harsh but don't be stupid, get the h*** out!!:( > I totally miss-read your post! > Oh my gosh!, you are still with that man??, Sorry if this sounds harsh > but don't be stupid, get the h*** out!!:( Just a little perspective. The last stats I had stated that 75% of women who were killed by their partners were killed trying to leave. Only she knows her husband's triggers and maybe she is doing the best she can with what she's got. > Thank you for your words and concern. > [quoted text clipped - 8 lines] > > I appreciate all your help and concern. Hi. I'm also new here but I'm familiar with your case. A dear friend of mine has the same case. She is also waiting for the interview. If your I-360 has been approved, then you can adjust your status right away since you are a spouse of a USC. I believe you already filed I- 485. Did you get your EAD card? You just have to wait for the interview. Here's a link that can help you. This is really helpful. I hope it helps. http://www.ilrc.org/vawa/ J > Hi. I'm also new here but I'm familiar with your case. A dear friend > of mine has the same case. She is also waiting for the interview. [quoted text clipped - 10 lines] > > J Thank you all for the concern. It’s so difficult to do the thing that you suggested. I just found a job and started to work. I thought many times to leave him… Any way, I really appreciate all your words, and help. Thank you. Jessie126 thank you for your post. Can I e-mail you directly to ask some questions? > Thank you all for the concern. > It’s so difficult to do the thing that you suggested. I just found a [quoted text clipped - 3 lines] > Jessie126 thank you for your post. Can I e-mail you directly to ask > some questions? You are most welcome. I'll send you a PM with my email address. J >> Hi. I'm also new here but I'm familiar with your case. A dear friend >> of mine has the same case. She is also waiting for the interview. [quoted text clipped - 10 lines] > Thank you all for the concern. It’s so difficult to do the thing that > you suggested. What might that be? Because the above really doesn't have a suggestion except for the link. > I just found a job and started to work. I thought many times to leave him… Yeah and what stopped you? I'm curious. > Any way, I really appreciate all your words, and help. Thank you. > > Jessie126 thank you for your post. Can I e-mail you directly to ask > some questions? SignatureShow me a man with both feet firmly on the ground, and I'll show you a man who can't get his pants off. > > Hi, > > I am a new member. I am in Chicago. [quoted text clipped - 45 lines] > -- > Demons are a Ghouls best Friend. That didn't seem right to me, either -- it just contradicts common sense. But then, we are talking about USCIS here... According to the USCIS website, there is apparently nothing requiring a self-petitioning battered spouse to live apart from her/his abusive spouse, or even to get divorced, for that matter. Essentially it's like saying, "Hey, if you're being abused, we'll give you a way to adjust status without the help of your abusive partner, but whether you stay in the abusive environment is not really our concern." As you said to the OP -- her adjustment should definitely not be her first concern here. A green card doesn't do you much good if you're dead. ~ Jenney > That didn't seem right to me, either -- it just contradicts common > sense. But then, we are talking about USCIS here... [quoted text clipped - 5 lines] > adjust status without the help of your abusive partner, but whether > you stay in the abusive environment is not really our concern." While the law may be silent regarding whether or not she could adjust on a VAWA while still living with the abuser, the VAWA needs to be approved. I find it highly unlikely that a person would believe an abuse claim if the abused is still living with the abuser^1 . Usually they just about require a stay away protective order and/or evidence of being put up in a homeless shelter. However it does seem like the OP had already said that her VAWA case was approved. Interesting. There is probably way more to the story than she's letting on to. I would hope that VAWA petitions are scrutinized a little more thoroughly than that. But I guess it is conceivable that the lady might think she'd be in more danger by leaving before the VAWA petition was approved. I wonder why she doesn't leave now. I also find it hard to believe that, assuming she is getting some assistance through things like batter women's shelters, immigration specialists and the like who are supposed to help such people, they are not strongly advising her to get out pronto. 1) I'm not meaning to say that abuse complaints are unheard of when the abused stays with the abuser - but usually if you are gonna file a complaint (and/or the VAWA thing) you've already made up your mine to take action and/or you have already had several incidents with possible police action, hospital stays and various protective orders threatened or applied (something more substantial than "he can stay here as long as he doesn't drink" and I would think that that action would usually include either leaving or a solid plan to leave. IOW, to me, it seems a little bit fishy. > As you said to the OP -- her adjustment should definitely not be her > first concern here. A green card doesn't do you much good if you're dead. Right. SignatureI was simply furnishing a home. I love music ... and I don't think a $130,000 indoor-outdoor stereo system is extravagant. - Leona Helmsley > That didn't seem right to me, either -- it just contradicts common > sense. But then, we are talking about USCIS here... [quoted text clipped - 11 lines] > > ~ Jenney If you have never been in an abusive situation and having immigration involved, there really is no room to make comments as such. Sometimes it is hard to get out, trust me I know. You are trying to make a life in this country but yet you have someone controlling it in one way or another! USCIS is trying to protect someone that married a us citizen in good faith. It is not her fault that he is treating her that way, USCIS recognizes these matters as such. So please, before making judgement on these situations, live it and experience it before saying anything about it!!! > If you have never been in an abusive situation and having immigration > involved, there really is no room to make comments as such. Sometimes [quoted text clipped - 6 lines] > So please, before making judgement on these situations, live it and > experience it before saying anything about it!!! You seem a little disturbed by Jenney's post. She's right though... USCIS does not care one way or the other whether or not the abuser and the victim still live together. That is not their concern... they are not agents for social change. Although you may have interpreted it that way, Jenney was not minimizing domestic violence. Oh please! By analogy, you're suggesting that before passing judgment on how bad murder is or how USCIS doesn't care if you are killed, a person has to be murdered in order to understand. Twit! Ian > You seem a little disturbed by Jenney's post. She's right though... > USCIS does not care one way or the other whether or not the abuser and [quoted text clipped - 7 lines] > > Ian This thread is a few months old now I am wondering what the outcome was? as once you get to the 1-485 interview you still have to prove why you cannot return to your home country threw extreme hardship, even if it was cleared in the first instance within the 1-360, she will have to have a upto date valid reason. Whiskers > You seem a little disturbed by Jenney's post. She's right though... > USCIS does not care one way or the other whether or not the abuser and [quoted text clipped - 7 lines] > > Ian LMAO TWIT! USCIS let's you move and live on your own and still apply,,,who's the twit now? > LMAO TWIT! USCIS let's you move and live on your own and still > apply,,,who's the twit now? <shrug> I dunno... you maybe? Ian > Hi, > I am a new member. I am in Chicago. [quoted text clipped - 8 lines] > > Thank you for sharing any your opinions and experience. I don't mean to sound insensitive, but getting a GC shouldn't even be on your priority list just now! Get safe first - then worry about immigration... it's not like you're going to be deported or anything. Ian > Hi, > I am a new member. I am in Chicago. [quoted text clipped - 8 lines] > > Thank you for sharing any your opinions and experience. The procedure under VAWA is: (1) File I-360 with the Vermont Service Center. (2) When I-360 is approved (I understand that it has been), file I-485 if your priority date is current. If your husband is a US citizen, then your priority date is current. If your husbaned is an LPR and filed Form I-130 for you, you are entitled to use the priority date established by the I-130 even if the I-360 was filed later. (3) Your husband cannot withdraw your I-485. Only you can do that. Write to the office where your I-485 is pending and enclose a copy of your I-360 approval notice. Put your "A" number on the letter in a prominent place. Request that your I-485 continue to be processed even if the underlying I-130 is withdrawn. This protects you against retaliation from your husband. (4) If your I-485 is not based on your marriage but rather is based on derivative status from your husband (example: he filed an I-485 based on his job, and you are filing as a derivative family member), you are still entitled to have your I-485 processed based on your VAWA approval. If this is the case, the I-485 is probably pending at a Service Center rather than at your local USCIS office. Follow the same procedure as in (3) above. I hope that you will keep us posted in the group so that we know you are ok. SignatureAbove intended as general commentary, not specific legal advice. Your mileage may vary. =============================================================== Jonathan McNeil Wong Voice: 510-451-0544 Donahue Gallagher Woods LLP Facsimile: 510-832-1486 P.O. Box 12979 URL: http://www.donahue.com Oakland, CA 94604-2979 E-mail: jonathan@donahue.com =============================================================== |
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