ian-mstm

You have *TWO* separate issues. One is your abusive husband; the other is immigration. Forget about immigration for now... concentrate on getting away from the husband.

I've posted this before... it bears repeating. I am not the original author but if someone knows who it was, I'm happy to give credit where it's due.

Ian

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VAWA Filing

A self petitioner's declaration is also an affidavit. Explain in your own words to describe the history and nature of your relationship and residence with the abuser, history and nature of the abuse, and the ways to show good moral character. If you need to write your own, a good declaration contains the following:

Section on relationship to the abuser

• How, when, and where the applicant met the spouse.
• Describe the courtship before they married.
• Details about the marriage proposal and wedding day.
• If children, when were they born?

Section on residence with the abuser

• When they moved in together.
• Places where they lived together.
• How long they lived in each place together.

Section on domestic violence

• HOW and WHEN spouse began abusive behavior;
• How long into marriage did spouse's behavior change?
• Was behavior change sudden or gradual?
• Focus on FIRST, WORST, and LAST incidents;
• Include both PHYSICAL and PSYCHOLOGICAL abuse.
• Was substance abuse involved?
• What led up to the incidents?
• Did applicant call the police? If not, why not?
• If police were called, was abuser arrested? If not, why not?
• Did the applicant go to a doctor or hospital?
• Did applicant get a restraining order? If so, when?
• Did anyone witness the violence?
• Describe any sexual abuse.
• Describe any verbal abuse, including insults.
• Describe any abuse based on economic power.
• Describe any effect on children.
• Describe any threats by the abuser to turn the applicant into the USCIS or have them deported.

Section on good moral character

• Lack of problems with the law.
• Position in, contributions to community.
• Role in the positive development of the children.
• More extensive explanation of good moral character if needed to counterbalance any problems showing good moral character

adjudicator89

A+ :-)

Created

I left on Monday......he did not allow me take most of my things.......I managed to get most of my daughters personal things...... I spent the whole day on Saturday trying to get local law enforcement to comply with the Temporary Protective Order which was to escourt me to the home to retrieve my passports (3), daughter's passport, Resident's card and SS card. I also needed a suit for an interview today.

The DV Sherrifs were not picking up the telephone, the warrant Sherrifs, said I needed the DV Sherrif's escourt, but the local police should be able to help. The local police called a judge to clarify the Order, who told them that they should not take me to the property because it would break the terms of the TPO!!! I was distraught!!! They did however, call my husband, and he said he had shredded the passports, but would hand over the other stuff.

I am in court tomorrow for the Protective Order. I will file the divorce myself tomorrow & get a lawyer to follow up with amendments, Wednesday latest, and then the waiver on Friday. I have already notified by change of address electronically.

My head is spinning, but I can breathe, and think for myself. I feel safe at the shelter, but am determined that it will be a short experience.

meauxna

Congratulations to you, Created, for taking the first steps in getting control back for you and your daughter. Best wishes to you; stay safe.

Noorah101

I'm glad you took the steps. Stay strong!

Rene

rebs

Well done you! Good luck with everything

Songbird

Well done for taking those big first steps - at least you and your daughter are safe now. I know it's not at the top of your priority list right now but hopefully his admittance of the destruction of your passports was logged by the police. AFAIK those passports remain the property of their respective issuing govt's and in shredding them not only has he caused you problems / money/ time in acquiring replacements, but I would hazard he has also committed a criminal offense.(?) At the very least, he should be forced to cover the replacement costs which may not be cheap. Like I say not a priority for you right now but worth maybe mentioning to your lawyer for their advice, and possibly seeking documentation from the police as to his admittance of this action should you want to pursue it later

Stay strong!! Big hugs!

alina97

I'm happy for you, but be very careful with your ex - you never know how angry he is.
I see you do not have a job now, so I was thinking may be it would not be a very bad idea for you to relocate somewhere far away from him. He does not sound very good - I mean the story with your passports.
About the police - do not expect everybody to be very helpfull. Some will be nice, but there are a lot of people that just do not want to be bothered by somebody's problems and it's very sad. I also had very hard time to get help from local police - their answer always was go talk to your lawyer. I was never able to get my stuff back. Thanks god I got the passports.
Don't give up and never ever go back to him. Don't forget to keep all your evidence safe. You will need those.
Good luck

Created

He had been telling me for over a year now that he accidentally shredded the passports.......I went to court with YWCA help to get a protection order. He admitted to police when they tried to collect them from his that he had shredded them, and that I knew it, but he did give them my daughter's Residence card and SS card, which was signed (not by her) so I'm assuming he has used it for something financial.........how can I find out?

At the hearing, the Protection Order was extended for 12 months and he was ordered to

• give me access to my personal stuff - he told the judge that he had my stuff packed in 5 boxes in his car. The judge asked if that was acceptable to me. I said no - I didn't ask him to pack my things and the Sheriff advised that I should be escorted to the property to collect my things.

• he admitted on the stand to shredding the passports, but the judge did not believe him, so gave him 5 days to produce the passports, or $350 for replacements.

I organized a cargo truck immediately leaving the courthouse, and surprise, surprise he produced the 2 valid passports, said they were in my Encyclopedia Britannica, and I knew it!!! I guess he didn't want to part with the money.

When I did the walk through of the house with the Sheriff, there was more stuff left in the house of mine, than he had packed - I'm sure he thought I was going to come back.

I cannot express how free we feel. I am about to file the divorce.....I am having difficulty in finding an immigration attorney to return my call........I need to know if I should just file under cruel punishment with details, or if I should tick all that applies? I am filing this on my own so that I can then file the I-751 waiver and will get a legal aid attorney to file any necessary amendments to the divorce.

Any suggestions?

Do I have to make an info pass appointment to have my passport stamped with a visa extention once I receive the NOA1? Will this stamp allow me to continue to work? and renew my driving license?

I can't completely relax until I get these 2 documents filed.

Created

ian-mstm

I don't have any suggestions. I just wanted to say that reading this post really warmed my heart... so, best wishes for the future.

Ian

lostlove

That's a lie, who shreds valid passports LOL. He is crooked as a box of scorpions!

Maybe running a credit check or something in those terms may help.

An extension stamp can be provided when u do an infopass, but I dont think you need it after a NOA extension. The NOA complements your work, travel and driver license requirements a whole year from the date of your green card expiry.


Filing is partially relaxing, get approved will be fully relaxing.

All the best, and I am glad your away from danger.

merz

Created, it takes so much courage to leave...

I am sure sharing your experience with this will help other people who may be in a similar situation.

Best of luck, keep strong.

Merz

Created

Merz,

You have no idea how much courage you guys gave me! If I had gone to the shelter the 1st time, I would never have gone back. Even though have been able to build friendships at work. You guys really gave me the confidence to break free. In situations like this, silence will kill you. I told my neighbor when I couldn't stand it anymore, her reaction of support blew me away she offered me any support I needed.

I am literally down to the wire now. Too late to file this divorce decree today, I'll do it Monday, and file the waiver with a copy of the divorce petition in an overnight UPS envelope. My daughter in the UK was holding some money for me, and my unemployment insurance made up the difference......thank God. The Pastor who counselled us will do a statement for me, and also offered affidavit of support if I need it.

Created

Thanks Ian.

Created

The threat of coughing up to replace them did the trick He still has 2 cancelled passports of mine, I will let the Attorney know that he has only partially complied with the order.