Can I file I-360 based on VAWA if the I-130 and I-485 are still pending?

[Dimy]

I have come in US to visit a friend from childhood in late August last year after a 3 year divorce with my ex-wife. I'm a Romanian citizen. After 4 months here I have meet Jessica which I fall in love and I had decided that I could spend the rest of my days with here. We have decided to get married and we have done that on 23 of December 2014 after I have been presented to all here family members. Most of them attend to the ceremony.
Because I have entered in the country on a B-2 visa on 08/31/2014 she has filed I-130 for me and I filed I-485 on my behalf. I received back the I-797 on 02/25/2015. In the mean time she got a job in Minnesota and we have moved there from California. After 1-2 month she started to harassing me emotionally do to her son which is leaving with us (he is over 18), regarding the sex and many others and finally she said that she wants a divorce. Can I file I-360 based on VAWA now?

 

[t74]

What you report does not sound like abuse.

 

[not2cleverRed]

I have come in US to visit a friend from childhood in late August last year after a 3 year divorce with my ex-wife. I'm a Romanian citizen. After 4 months here I have meet Jessica which I fall in love and I had decided that I could spend the rest of my days with here. We have decided to get married and we have done that on 23 of December 2014 after I have been presented to all here family members. Most of them attend to the ceremony.
Because I have entered in the country on a B-2 visa on 08/31/2014 she has filed I-130 for me and I filed I-485 on my behalf. I received back the I-797 on 02/25/2015. In the mean time she got a job in Minnesota and we have moved there from California. After 1-2 month she started to harassing me emotionally do to her son which is leaving with us (he is over 18), regarding the sex and many others and finally she said that she wants a divorce. Can I file I-360 based on VAWA now?

Be explicit on how you think that this constitutes domestic violence.

Did you file a police report at the time? Probably not. Do you have any documentation of the alleged domestic violence? Probably not.

There is a phrase in English you should memorize" "Marry in haste, repent at leisure."

Drum bun.

 

[Dimy]

Sorry for been to short on my phrases. I will tell you what I have considered emotional abuse:
- emotionally force me to have sex even that I didn't want too by acting grumpy, nervous, yelling and calling me names from no reason
- repetitively make me fill like a server in the house by doing all the cooking, washing, cleaning
- trying to conceal the papers received from USCIS regarding my application for alien resident by taking the key from the mail box under her control
- treating me with the divorce and the termination of applications for alien residence.
- making me emotionally uncomfortable living in the house by having control of the money
- isolate me from the friends that we have previously make by going on the meetings without me
- Withholding basic necessities like clothes and medications
- I'm avoiding certain topics out of fear of anger from her
- feeling that I can’t do anything right for her
- she is blaming me for their own abusive behavior
- I have started to be depressed, anxious, having a low-self esteem even that at the beginning of the relationship i was very confident that it will work
What shall I do?

 

[Dimy]

....I forgot to tell you some other things: I'm 40 year old with a degree in engineering and have assets in Romania, I could go back easy but when I meet her I have taken the decision to start a new chapter in my life; I meet new people and make new friends here; I started to adapt here and i'm very confident that I can find a good job here based on my experience. It is wrong that I wanted that? I never see that my second marriage will be like this...

 

[not2cleverRed]

Again, the LEGAL advice is that NO, you CANNOT file the I-360 based on domestic violence. What you describe does not rise to the level of LEGALLY PROVABLE abuse.

You have been married less than 6 months. So you cannot use your marriage as a basis to continue to stay here.

If you are committed to stay here and work as an engineer, you'd best look into an employment based visa. You can also try the diversity lottery. (Rumor is that Romanians in Minnesota have better luck applying from Romania than the Nebraska office.)

You have options: you have the whole EU to go back to.

Drum bun.

 

[Zigner]

Sorry for been to short on my phrases. I will tell you what I have considered emotional abuse:
- emotionally force me to have sex even that I didn't want too by acting grumpy, nervous, yelling and calling me names from no reason
- repetitively make me fill like a server in the house by doing all the cooking, washing, cleaning
- trying to conceal the papers received from USCIS regarding my application for alien resident by taking the key from the mail box under her control
- treating me with the divorce and the termination of applications for alien residence.
- making me emotionally uncomfortable living in the house by having control of the money
- isolate me from the friends that we have previously make by going on the meetings without me
- Withholding basic necessities like clothes and medications
- I'm avoiding certain topics out of fear of anger from her
- feeling that I can’t do anything right for her
- she is blaming me for their own abusive behavior
- I have started to be depressed, anxious, having a low-self esteem even that at the beginning of the relationship i was very confident that it will work
What shall I do?

In other words, a relatively normal marriage...



(Folks, I'm kidding!)