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My husband and I have been married almost 2 years. He abandoned…

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My husband and I have...
My husband and I have been married almost 2 years. He abandoned me last year when I was 3 months pregnant, the child is now 4 months old. I went thru a lot of verbal and emotional abuse prior to him leaving. I still don't have my adjustment of status, in fact I just received a letter requesting more evidence (original birth certificate and medical evaluation letter from general surgeon). My husband has been asking me to move back to my country ( in scandinavia) and refused me to travel with the child to visit my family (he won't sign passport papers for our child). He says that before our divorce is final, he won't let me travel.
I would now like to apply for the VAWA waiver. My question is, do I do that before or after our divorce is final? Can I do it from my home country? And do I abandon my adjustment of status or send them the requested evidence (which included me getting a $300 medical exam).

I hope someone can help me with answers.
Thank you
Submitted: 8 years ago.Category: Immigration Law
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Answered in 4 minutes by:
6/14/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,840
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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You can apply for a VAWA Residency at any time, but I have to warn you that verbal and emotional abuse may not be enough. It has to rise to a serious enough level so that there should be psychological and/or psychiatric reports. Here is a link to help you understand more:

 

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD

 

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Customer reply replied 8 years ago
i understand that it might be hard to prove and get, but my questions are :

can I do it from my home country? And do I abandon my adjustment of status or send them the requested evidence (which included me getting a $300 medical exam).
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
I would not do it from outside of the U.S. I have never seen that done before. I would try to complete the adjustment of status. Shop around for a different doctor. $300 is a little on the expensive side for a medical exam.
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