Vawa

Flo93

Registered Users (C)
Is anyone out there familiar with VAWA?

I have been abused by my husband (mainly due to his alcoholism) and I'm contemplating divorce. We have been married twice. I divorced him the first time in 2000 due to regular insults and even physical abuse. No AOS filed.

In 2010, I married him again after being convinced that he was a changed man.
Yes. He was a changed man. But only for about a year. Then he started drinking again.
And the abuse returned. I recently moved out. I'd rather be alone instead of putting up with constant verbal abuse from this alcoholic.

I just heard of the VAWA from an old friend in Califonia. Is it a possibily for me?
 
Hello guys.
Here is my story. I have been married 4 times.
I married my current husband (USC) in 1999 but quickly divorced him in 2000 due to alcoholism and abuse. No AOS filed.
In 2003, I married a non USC and had two children with him. Divorced him in mid 2007, after being separated for a year.
In late 2007, I was married for the third time to a USC. Marriage was dissolved or dissolutioned after finding out that he married me before his divorce to his previous wife was granted. Basically, this third marriage was not legal.
Since 2006, my first husband had been trying to back with me. He used his family members to convince me that he was a changed man. He told me that he loved me and that he had quit drinking and blah blah blah…
To make the long story short, we got back together, dated for about a year and then married in June, 2010.
Marriage was pretty good for most of last year but then tragedy struck…
My husband lost his job in December, 2010. To make matters worse, a low life that my husband considers to be a good friend move back in town. They apparently grew up together. (Whatever…)
Being unemployed and the sudden appearance of this low life was a recipe for disaster. To my horror, my husband returned to his old ways. He has started drinking again. At first, I thought that he was just frustrated after being laid off, but then things got worse. He started calling me names and threatening me every time we would get into an argument. Last week, we got into a fight after he took money out of my purse without asking. Of course he was drunk. When I confronted him, he threatened to kick my @$&* and ship me back to where I came from. I moved out and soon ended up obtaining a restraining order on him, because he continued to threaten me, after I moved out.
The environment became unsafe for me and my kids. I’m at present contemplating divorce. Hubby is a good guy when he is sober. He knows he cannot handle his liqueur, yet he continues to drink about every other day. He has also been getting into fights with other people when he’s drunk. He now has a couple of DUIs.
I heard of the VAWA last week.
1. Do you guys think I’m qualified for AOS under VAWA?
2. What are the chances of being granted status under VAWA?
3. What would happen if AOS via VAWA was denied?
Also, his family has been very nice to me. His mother is willing to testify or write a letter to advocate for my case because she witnessed the abuse a few times.
I have no criminal history and have never filed any AOS.
I came in 1996 as an F1. I have overstayed for 9yrs…
 
Manalive introduced me to this forum. He posted the above note on for me under his account name because I had trouble posting, since i'm new in the forum world.

Please repond.

thanks
Flo93
 
Manalive introduced me to this forum. He posted the above note on for me under his account name because I had trouble posting, since i'm new in the forum world.

Please repond.

thanks
Flo93


You have a very difficult case lady. You will need to document the abuse from your current husband. You remarried him again, after observing him to be a changed man for a year? VAWA filing can be successful, provided you have proof that you were abuses and so forth, your mother-in-law can help by writing a detailed account(s) of the abuse, but you will need more to be successful.
1. I can't speak authoritatively on whether you are qualified or NOT on VAWA. I will let other make the determination, you will need to add more info to your post and outline all the details.
2. Once again, I don't know. What state do you live in?
3. I VAWA is denied, you will be deported back to your home country. Deportation usually occurs when petitions are denied and the beneficiary (meaning you or applicant) show-up at deportation hearing and decides to leave the country. However, vast number of people decides to stay in the country illegally and ignore removal proceedings.
If you have never filed any AOS or have any criminal issues, then your clearance will go on without any problems.
 
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Thanks for responding Alsouthner. The question is: Do you think I have a shot at it?

I live in Indiana.

What do you mean by "clearance will go on without any problems?"
 
Other than a police report and testimony from his own mother, what else can i present as evidence of abuse?
He has taken money from my account without asking, basically stealing from me. Can i use that too? (He used my ATM card).
We are married ofcouse, but taking the money that I have earned (without asking) is not right by no means!
Also, he has told a couple of my freinds not to call and stuff. Can I use this as emotional abuse?
 
Flo93, abuse is abuse and as a victim of any abuse (emotional, physical, etc) in the hands of a US Citizen or a Permanent Resident, you can be protected by VAWA. You need to be able to present evidence like pictures, documents, police reports, affidavits from friends and family, etc. You should sit down and write down anything you can think of as an abuse towards you from your US Citizen husband and definitely contact an experienced lawyer. Most cities have cheaper legal clinics for women like you. If you live close to Chicago, I know that William Schiller (from Davidson and Schiller) has experience in this and helped a relative of mine in her VAWA case. Good luck!
 
Thanks for your advice memo.
If its not too much to ask, can you give me a brief summary of your relative's case?
It sounds like she was approved...
 
yes she was approved. typical abusive US Citizen husband. brought her here as a fiance, married her, filed for green card and then became abusive. He constantly threatened her to deport her, physically, emotionally and financially abused her....
 
Thanks for your response memo. You have given me new hope. Just what I needed. How long did it take? Do you have an approximate time line?
 
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