Texas common law marriage qualify for VAWA petition?

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Old Jul 22nd, 2011, 08:27 PM   #1
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Confused Texas common law marriage qualify for VAWA petition?

Question: I've been in a common law marriage with the father of my kids. came here as F1 student 98 and over stayed my visa. Father of my kids is abusive, does not work. I've filed police reports and his been to jail, taken family violence classes and still no change. i moved and he asked for forgiveness and we leave together again. he has not changed and now he says if i call the police, he'll make sure he gets me deported. I pay all bills, give him money and if i don't he'll beat me.
can i file based on this and show proof that we have been together for over 10 years by pictures, credit reports, insurance ( auto and medical), tax returns, social networking sites, invitations for parties, church records, mortgage,bank loan for car, letters from friends and relatives?
He told me to file for "LIFE ACT petition and i abounded the case, once i figured out the person was a fraud posing as a lawyer. The person gave me back most of my money including fees i paid to immigration. I threaded to expose him, but he said he had more rights to be here and so i just walked away with the money 80% of what i had given him.
Help, I'm tried of this threat and need to find a way out and need to find a solution. Do i need an attorney for VAWA and do i qualify under the Texas law of common marriage?
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Old Jul 22nd, 2011, 10:45 PM   #2
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Default Re: Texas common law marriage qualify for VAWA petition?

I wish to inform you that you can represent yourself in legal proceedings relating to VAWA. In this regard under VAWA it is seen generally that whether the laws of the state allow common law marriage. In your case you will have to show that all the requirement of common law marriage are fulfilled in order to be eligible for VAWA. In Texas common law marriage has been provided under Texas, Tex. Fam. C. 2.401 and you will have to show your marriage fulfills its provisions.

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Old Jul 26th, 2011, 07:44 PM   #3
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Default Re: Texas common law marriage qualify for VAWA petition?

based on my immigration status, would it be better for me to use an attorney? Are the any guide lines to apply for VAWA? i don't want to take any chances.
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Old Nov 8th, 2011, 12:56 AM   #4
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Smile Re: Texas common law marriage qualify for VAWA petition?

Yes, get a lawyer...A lot of them will shy away from it due to the fact that you are claiming common law...but it is possible to get relief if you find the right lawyer...I started with a lawyer, but finish it myself...its takes patience and money to get a lawyer that will be willing to do this...All the best!!!
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