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linebleue · Oct 8, 2009, 04:24 PM

I am married (living together for 9 years but married for 4 years) to an American citizen (naturalized 8 months ago). He has been physically and emotionally abusive. I left him but we are still married. I finally left him with my our 2 kids even though he threatened me to not sponsor me any longer and to have me deported if I didn't stay. My lawyer told me about VAWA, but to file a petitin I need proof of his citizenship. An dI don't have any copy of his previous Green Card or Certificate of NAturalization. How can I get a proof in order to be able to file my VAWA case? It's my only solution to be able to adjust my status. I did came legally but I overstayed because he told me to do so and that he would sponsor me.

Thanks for your help

DCcityboy · Oct 8, 2009, 05:22 PM

Officers at the VSC that adjudicate VAWA cases are trained in the law to accept secondary evidence in VAWA cases. If you have other identification that USC's typically have such as copies of his drivers license, social security, affidavits from people that know he was an LPR or know he is a USC will be accepted as well.

Be sure your attorney has experience in filing WAVA cases and tracks the regs for your petition. For example, many attorneys don't include any evidence of "good moral character" when that is relatively easy to get in the form of city, county, state and FBI reports, evidence of tax filings and your own affidavit attesting to that.

Good luck, glad you are out of the abusive relationship.

linebleue · Oct 9, 2009, 09:38 AM

Originally Posted by DCcityboy

officers at the VSC that adjudicate VAWA cases are trained in the law to accept secondary evidence in VAWA cases. if you have other identification that USC's typically have such as copies of his drivers license, social security, affidavits from people that know he was an LPR or know he is a USC will be accepted as well.

be sure your attorney has experience in filing WAVA cases and tracks the regs for your petition. for example, many attorneys dont include any evidence of "good moral character" when that is relatively easy to get in the form of city, county, state and FBI reports, evidence of tax filings and your own affidavit attesting to that.

good luck, glad you are out of the abusive relationship.

Thank you so much for the answer and the encouragement.

My lawyer is supposed to be specialized in VAWA but was unable to let me know how I could prove my husband is a US citizen. She did'nt talk to me about the secondary evidence like you did. People are going to lend me money for my case , so now I'm not so sure it is the right lawyer. I can't afford financially and for my sake, to lose that case. If she wasn't even able to tell me how to obtain a secondary proof then she might not be so specialized, I guess. Should I look for someone else. I live in Houston, Texas, any recommendation?

THanks for your time

DCcityboy · Oct 9, 2009, 11:49 AM

In Texas contact; BAL, Foster Quan or Fong. Make sure the attorney you hire has experience and approvals (and not just the prima facie approval)

dee13 · Dec 16, 2009, 01:10 PM

In any case, if he filed anything for you such as I 485. Copies of these forms would proof his citizenship. My case went through with signed copies of I 485 because in order to file the 485 you need to submit the proof of citizenship when you file at first place, so INS had it on file. So if you have those, it will help.