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Anybody her know what the process if for the battered spouse / VAWA approach to getting a waiver; specifically, what is the process, what is the documentation required and how long does it take?
thx
thx
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Why are you asking this question? Are you the battered spouse? More info. is needed in order to help you. -
It usually takes 90 days max to get approval for I-360...Comment
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No, his wife is filing for the battered spouse. He wants to know the process to protect himself legally, although there may be some indication the charges are not genuine.Originally posted by ProudUSC:
Why are you asking this question? Are you the battered spouse? More info. is needed in order to help you."Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston MassacreComment
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Your wife files the form I-360 or the I-751, depending on whether she came here by adjusting her status because of marriage. The I-751 is filed using the waiving the requirement on joint petition alleging she was a battered or abused spouse. She has to present evidence indicating she was physically or emotionally abused. This can include statements from friends, relatives, or independent third parties, domestic abuse shelter affidavits, police reports, medical records, etc. If she adjusted her status to permanent resident without the conditional residency requirement, or her permanent residency status has not been determined, then the I-360 is filed using the same information as described with the I-751.Originally posted by klinus:
Anybody her know what the process if for the battered spouse / VAWA approach to getting a waiver; specifically, what is the process, what is the documentation required and how long does it take?
thx"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston MassacreComment
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Thanks, Hudson. I asked the question for that very reason. Was wondering if this was one of those situations where the two-year marriage mark was reached and all the sudden there was spousal abuse. Thanks for the clarification!Comment
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You are welcome.Originally posted by ProudUSC:
Thanks, Hudson. I asked the question for that very reason. Was wondering if this was one of those situations where the two-year marriage mark was reached and all the sudden there was spousal abuse. Thanks for the clarification!"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston MassacreComment
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You may want to check these links (some of them may not be up to date, but in any case it will give you ideas about the process)Anybody her know what the process if for the battered spouse / VAWA approach to getting a waiver; specifically, what is the process, what is the documentation required and how long does it take?
thx
1. Self-Petition Available to Victims of Abuse or Extreme Cruelty
2.
Battered Spouse - Frequently Asked Questions
3.
Battered Spouse Petitions - Ask a Lawyer Archive
4. What Is the Time Frame As A Battered Spouse That I Have To File For Naturalization? (I-360, I-130 And Naturalization Issues), by Michael Shane
5. INS Policy on Adjustment of Status Interviews (Posted Sep 20, 2002)Comment
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I am the USC. After I filed for divorce, she took our USC child and went to a shelter, claiming that i was going to take the child and leave the country permanently.HA!
Since her being out of status at the time of custody she is probably going to use battered spouse waiver.
The family court has determined that there was NO abuse but having authorization to stay would make a difference in the strategy.Comment
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Davdah,Originally posted by davdah:
Since the family court found there was no abuse then her ability to use VAWA is about nil. One significant point made in the above links posted.
"It is very important that the self-petitioner be able to provide substantial amounts of supporting evidence to prove all of the above requirements."
Klinus has already asked this before. What was denied was the TRO. Family court does not necessarily provide any indication if there was abuse involved or not. It merely rules on whether there is sufficient reason to bar someone within x feet in that person's home, employment, etc. In order forthe court to rule on the guilt or innocence on abuse, criminal charges must be brought. Klinus said faimily court, which is civil court. USCSI might rule differently given the preponderance of the evidence. The rules of evidence with USCIS is different from the rules of evidence in civil or criminal proceedings."Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston MassacreComment
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Klinus, the TRO does not rule on the guilt or innocence of abuse, only the probability by the respondent, you, would harm her in the future; thus violating her right to live peacefully. She can still submit the documentation on the alleged abuse and any other documents to substantiate her claim. USCIS will make a decision on what was presented to them. They might look at the transcripts for certain things and not the entire transcript.Originally posted by klinus:
I am the USC. After I filed for divorce, she took our USC child and went to a shelter, claiming that i was going to take the child and leave the country permanently.HA!
Since her being out of status at the time of custody she is probably going to use battered spouse waiver.
The family court has determined that there was NO abuse but having authorization to stay would make a difference in the strategy.
To rule on the guilt or innocence on the abuse, the court must go through criminal proceedings, not civil. Civil only shows concerns itself with "family matters.""Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston MassacreComment
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Again I have to thank you for your wisdom, RatE !
I just looked @ the one link & found something that I didn't know until now. I am the "alleged Batterer" according to my ex...who is trying to gain US citizenship by way of marrying another USC + becoming a minister. I wonder if he knew about this statement:
The self-petitioning spouse:
"¢ Is required to be a person of good moral character
...cause, he's gonna FAIL............ BIG TIME........!! and he'll be able to go on that long voyage to FAR far away!! lol .
leaving me here with a big 
on my face !
It's so true...You learn something NEW every day !
You may want to check these links (some of them may not be up to date, but in any case it will give you ideas about the process)Originally posted by RationalE:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Anybody her know what the process if for the battered spouse / VAWA approach to getting a waiver; specifically, what is the process, what is the documentation required and how long does it take?
thx
1. Self-Petition Available to Victims of Abuse or Extreme Cruelty
2.
Battered Spouse - Frequently Asked Questions
3.
Battered Spouse Petitions - Ask a Lawyer Archive
4. What Is the Time Frame As A Battered Spouse That I Have To File For Naturalization? (I-360, I-130 And Naturalization Issues), by Michael Shane
5. INS Policy on Adjustment of Status Interviews (Posted Sep 20, 2002) </div></BLOCKQUOTE>God Bless America ! Love IT ....or LEAVE it !Comment
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The post you replied to - there wasn't any wisdom of mine, only copy-pasted links.
I feel sorry for your negative experience with your ex-husband.
And yes, life is a journey, we all learn as we go.
Regards,
RationalE
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sisadee:
Here's the latest processing time for Vermont:
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) August 28, 2006Comment
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Originally posted by klinus:
actually to be clear the TRO she filed was to stay away from our son because she was concerned that I would vanish with the child to a 3rd world country and never return. I suspect that the fact that i am a US citizen, own a home here etc. etc. AND maybe the fact that she is an out of status alien who has already kidnpped the child and the DA has confiscated her passport may have had something to do with the TRO denial.
Going to the shelter was a craven attempt at laying the groundwork (I think) for a VAWA claim. She had no compunction about traumatizing our child with a month's stay in a shelter. As part of this process, there will be an extensive investigation into abuse, including testimonials from at least 15 neuighbors who are mad as hell about the kid being in the shelter and who have sworn no abuse
One final question (since as a USC I have never needed to hire an immigration attorney) how much is the this whole process likely to cost her?
Thx
Aren't we missing something here?
Klinus, DID you abuse your wife (hit, punch, push, threaten to do physical harm to her)???
Thought this question was of relative importance to this case.Comment
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