We got married within 7 months knowing each other. We met hiking and spent the next 24h together in a tent with my three kids. I did not go home to my country (Switzerland) anymore, but decided to stay and we moved in together, even though he is 11 years younger he was a great stepfather to my kids from moment one. He had depression problems and got psychotic episodes and became violent and aggressive after only 2 months of marriage. We split and filed VAWA and got aproved for the next 180 days.
I got myself a job, do a masters here, kids in school, my husband lives nearby, drinks a lot, still, does not want to go to therapy. Therefore I can not be with him. But he is my closest friend and we care about each other and spend time together. Am I jeopardizing my immigration? How explain it?
An attorney cannot suggest to you what to testify other than to tell the truth. You appear to indicate that USCIS may question whether you were ever in danger and in need of VAWA since you are still together with the abuser. It is a good point. However I have had clients in the past who returned to the abusive spouse so that does happen in the real world.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
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While preparing for VAWA, applicants are encouraged to seek counseling for any post-traumatic symptoms or other feelings that cannot be properly described, but could be beneficial to your case. Perhaps you may want to consider returning to counseling or being attending counseling to determine why you would continue contact with your husband. This would help you, additionally, in answering the difficult questions posed during the interview.
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