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VAWA (I-360) or I-130?

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  • VAWA (I-360) or I-130?

    My husband & I filed my marriage-based green card together and the interview is in September. last year, he was arrested for simple battery (domestic violence). The case is still pending (His lawyer said it's probably going to apply the first offender law.)

    Earlier this year, I got a TPO and he filed a divorce in response. Before the hearing (to extend the TPO to 12 months), we reached an agreement, so we discontinued the TPO. The terms in the agreement request him to be sober, to go to FVIP (anger management), psychiatrist, and his individual therapist.

    The TPO agreement gave me sole possession of the house until 8/1. However, because he's been showing improvement, I let him move back in the end of March. He has been living in the house with me and our 1.5 year-old daughter since then.

    Our divorce case is still pending because we have been trying to have a post-nuptial agreement finalized before we dismiss the divorce. During the time that he moved back with us, he finished his FVIP and got new prescription for his mental health disorder due to previous misdiagnosis.

    We will dismiss the divorce and maintain married. Should I file VAWA or go to my interview?

  • #2
    If you guys truly wanted to stay married then from what I understand the interview is faster approach time wise...but if you feel like it's not a healthy marriage even after green card approval I would recommend VAWA in case anything abusive happens; it sounds like you will have a strong case of VAWA with evidences (he's been arrested with records) but I would consult with an immigration lawyer just to be safe. Good luck!
    Marriage AOS (F1 to GC, California, MSC)
    1/05/2021 UPS shows package again delivered, received by Chyba
    1/20/2021 Check cashed; Receipt text messages hours later
    4/19/2021 Biometrics done
    4/22/2021 Case shown fingerprints taken
    5/10/2021 I-765 Approved; I-131 Approved; new card being produced
    5/17/2021 Combo card received
    8/17/2021 Interview Scheduled
    9/20/2021 Interview finished; I-485 approved new card produced
    9/25/2021 GC in mail

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    • #3
      If you maintain the marriage you cant apply for VAWA is my understanding! You should decide if you want to stay in this marriage or nor and talk to an attorney what are your options either way! Lets say what happens if you decide to stay but he is still abusive and so forth! That way you will have clear understanding of your options and make a decision based on that!

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      • #4
        Wava takes forever. Now they looking into I-360 what was file ant July 2019 . Plus add time for green card. Its will take you 3-4 years to get your green card true WAVA. It very last resort. If you have a chance to get your documents other way- do it.

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        • #5
          Thank y'all!

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