I am planning to file for a divorce if this continues and rather than jumping into another boat I would want to see if I can use VAWA petition for the mental abuse I am facing on a daily basis.

you can apply vawa and keep the dna report and any text messages threatening you or calling names.

Sure.

I understand. that's why I am worried.

and it would be good if she threatened you with not proceed your paper through text messages,that’s also will help but get an consultation from an Vawa lawyer

but Once my I 130 is denied won't it make it pointless to file for VAWA. I guess that depends on actual formal denial and what all they mentioned.

what was the reason of the I-130 denial bro?

bro trust me, people who came here illegally or divorced without apply for papers got their vawa approved. you had a kid born and you can prove the kid is not yours. you had a solid case. don’t listen to the posts that discourage you because everyone case is different. talk to a lawyer and apply.

correct.

Attorney is the best bet

yup, where r u located?

Houston TX

find a good attorney but it is expensive doing vawa.

Agreed. I 130 Should still be approval as USCIS can't judge on viability of the marriage but on the inception of marriage if the marriage was performed not to evade any immigration law. here is the law: AFM 21.3(a)(2)(I). “USCIS is not in the business of determining (or even speculating about) viability.” Id. (emphasis added). Even if “the petitioner and the beneficiary may not appear to have a ‘viable’ marriage, the petition may be approved if the marriage is valid and was not entered into solely for immigration purposes.” Id. There is “no support in the statute or regulations for [the] refusal to approve a visa petition based on a finding that the parties to a valid marriage did not have a subsisting relationship.”

File for vawa because she’s abusing you, she cheated and had a baby outside of the marriage, and don’t divorce her yet until you get approved

So can I c9ntinue with my I 130 as well.

leave the i130 out of this, vawa is totally different, it’s for people who got abused ( physically or verbally) and have proof

I was thinking about what if Uscis tells that since I 130 itself has been denied so there is no bonafide spousal relationship between you and the USC spouse so there is no point in approving VAWA as the relationship has nor been established at all.

As long as you and your spouse is still married, you can get approved

perfect

what was the stated reasons for the initial i130 denial? was the child out of the marriage stated as a reason too?

deportation?

ok.

what types of proofs do I keep for verbal abuse. can I call police for reporting verbal abuse.

file for Vawa.. gather evidence that ur child is not urs. that you are mentally abuse. gather evidence for that too. texts/emails/photos/recordings

please contact attorney Ayesha Chidolue ASAP... she will have you fixed. she is on Facebook and YouTube. The Chidolue Law Firm.

check attorney Elizabeth wafula on fb.

@ za I have a similar case like ur, I was just schedule for second interview this month but I have sent a request to reschedule due mental stability and I want to used that to compile my evidence and file for vawa

@za in 2018 smh

@za I need ur guidance please on filing vawa myself i don't 5k attorney fees

not yet