I need help please

H

Hopeholder5922323

New Member
I need your help kind hearts , i am living a disaster
I am vawa green card holder
My american wife abused me
I self petitioned my self
Remarried before i got my green card
I filed for my wife to follow to join me
Approved
File sent to nvc
Then back to uscis
No visa category
Uscis reopened my case
Refused
Told me file i 130
I did
Denied
Many forums say i can follow to join to my wife
In my case
Uscis dont know this
How i go to court?
I need human judge to cry to
Please help me
 
VAWA can only have derivative children, not derivative spouses. (Technically, as the spouse of a citizen, you are in the Immediate Relative category, which cannot have derivative beneficiaries. Your child could qualify as the child of the citizen, so also in the Immediate Relative category. Your spouse does not qualify under any category.) You have to petition your spouse by filing I-130.

I hope you remarried after your I-360 was approved, because if you remarried before it was approved, it should have been denied.
 
Hopeholder5922323 said:
I need your help kind hearts , i am living a disaster
I am vawa green card holder
My american wife abused me
I self petitioned my self
Remarried before i got my green card
I filed for my wife to follow to join me
Approved
File sent to nvc
Then back to uscis
No visa category
Uscis reopened my case
Refused
Told me file i 130
I did
Denied
Many forums say i can follow to join to my wife
In my case
Uscis dont know this
How i go to court?
I need human judge to cry to
Please help me
Click to expand...
newacct said:
VAWA can only have derivative children, not derivative spouses. (Technically, as the spouse of a citizen, you are in the Immediate Relative category, which cannot have derivative beneficiaries. Your child could qualify as the child of the citizen, so also in the Immediate Relative category. Your spouse does not qualify under any category.) You have to petition your spouse by filing I-130.

I hope you remarried after your I-360 was approved, because if you remarried before it was approved, it should have been denied.
Click to expand...
 
Thank you for your time and care , this is the conflict , you went direct to it , in the instructions of the form 824 , it is said that u can get ur spouse or kids by follow to join if u r religious worker or vawa green card holder
Please read it and tell me what u understand,
They already approved her then denied , thats why i need judge , please read,
Yes i married after divorce and before i got my green card , that is what makes my new wife qualify, to follow to join , relationship took place before i became resident, thank you again
 
Hopeholder5922323 said:
Yes i married after divorce and before i got my green card , that is what makes my new wife qualify, to follow to join , relationship took place before i became resident, thank you again
Click to expand...

Did you get married before or after your I-360 petition was approved?
 
This is not a legal opinion but I think you read too much into the i824. Yes, it says you can apply for spouse or children under 4 categories (including VAWA), but that doesn’t automatically mean those are all eligible derivatives for all those categories. Just like for example an I-130 has space on the form for derivatives, but in cases where the I-130 is used for IR petitions, there are no derivatives. (We have seen people saying “but the form says I can list derivatives”, yes it does but that doesn’t change the fact that for IR you can’t add derivatives. ) Back to your case, this https://www.uscis.gov/humanitarian/battered-spouse-children-parents says an abused spouse may file for under 21 children; nothing about any new spouses? Can you find an actual part of the statute that says you can file FTJ for a spouse under an approved VAWA petition?

I suggest you get a lawyer. In any case I can’t see how else you can demand to go before a judge, which seems to be your goal, for reasons I don’t entirely understand. Why don’t you just file a new petition now for spouse of LPR which won’t have any of these problems?
 
2 years waiting time , too much dear , too much, adding time i applyed 824 , got approved , wait for nvc , reopened , denied , it will be 4 years of wait, right?
 
It’s up to you to decide how long to wait, that’s a relationship question not an immigration question.

Are you aware that there is a massive backlog in immigration court cases, and that you would also have to wait a long time to plead your case before an immigration judge? Average wait time for all courts (click “average days”) is 705 days at the moment https://trac.syr.edu/phptools/immigration/court_backlog/ ..... And then possibly have to file an I-130 anyway when it’s refused? Seems to me your logical option is to file I-130.
 
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