Kimberly Anne Lanuza

Carmelia Taylor, Esq April 1, 2024 USCIS P.O. Box 87426 Lincoln, NE- Re: Lourdes Sangurima Submission of I-360 VAWA Self-Petition Respondent, Ms. Lourdes Sangurima (“Ms. Sangurima”), hereby submits this I-360 Violence Against Women Act (VAWA) Self-Petition and is applying for relief pursuant to the provisions of the VAWA. Please find attached Forms G-28 and I-360 signed by Ms. Sangurima with the following supporting documents: (a) affidavits from Ms. Sangurima, (b) the psychological evaluation of Ms. Sangurima as certified by Silvia C. Kaunas, (c) marriage certificate with spouse Mr. Juan Pablo Lupercio (“Mr. Lupercio”), (d) Joint Bank Account (e) joint utility bills, (f) Joint Tax Returns from 2019 to 2023 (g) affidavits of relatives and friends (f) Life insurance policy of Mr. Lupercio, where primary beneficiary is Ms. Sangurima. It is hereby manifested that although petitioners are encouraged to submit primary evidence, when possible, the USCIS will consider any credible evidence relevant to the petition. 8 C.F.R. §204.2(c)(2)(i). The documents provided support all the requirements that a VAWA selfpetitioner must prove under the Immigration & Nationality ACT (“INA”) §204(a)(1)(A). Particularly, Ms. Sangurima is able to prove the following: a) that her spouse is a qualifying abuser, b) their qualifying relationship, c) a good faith marriage, d) battery or extreme cruelty, e) residency with the abuser, f) current residence in the US and g) good moral character. 1. Qualifying Abuser Ms. Lourdes Sangurima’s spouse is a U.S. citizen and a qualifying abuser under INA §204(a)(1)(A)(i). His Passport supports proof that Mr. Lupercio is a qualifying abuser and that he is a Citizen of the United States. 2. Qualifying Relationship Ms. Lourdes Sangurima is able to show that she was legally married to her U.S. citizen spouse. A copy of their Certificate of Marriage is included in this application to show that a legal marriage took place on Macrh 24, 2017 in Kew Gardens, New York and that Ms. Sangurima is still married to Mr. Lupercio. 3. Good Faith Marriage To qualify as a self-petitioner, Ms. Sangurima must show that she married a qualifying spouse in good faith. INA §204(a)(1)(A)(iii)(I)(aa) This is supported by the documents attached to this petition. The key factor in determining whether a person entered into a marriage in good faith is whether he or she intended to establish a life together with the spouse at the time of marriage. 61 Fed. Ref. at13068 (March 26,1996) [Preamble to Immigration & Naturalization Service Regulations]. The fact that spouses are no longer living together and that the marriage is no longer viable does not warrant a denial of an I-360 self-petition. 8 C.F.R. §204.2 (c)(ix). We hereby present a compelling body of evidence that unequivocally demonstrates the bona fide nature of her marriage to Mr. Juan Lupercio. This submission, structured around meticulously gathered documentation and personal testimonials, aims to establish beyond doubt the authenticity and sincerity of their union, fulfilling the requisite criteria set forth by the VAWA provisions for good faith marriage. Their story begins in Ecuador, where fate first intertwined their paths as neighbors, albeit without close acquaintance. The early days saw Mr. Lupercio migrating to the United States, marking the start of a long-distance interaction during his periodic visits back to Ecuador. It was during these visits that their conversations blossomed, initially at the bus stop where Mr. Lupercio awaited Ms. Sangurima, hoping to court her. Upon relocating to the United States between January 2005 and 2006, Ms. Sangurima's employment at Alumitec—the same company where Mr. Lupercio worked—rekindled their acquaintance. Given Ms. Sangurima's initial language barrier, Mr. Lupercio was assigned to assist her, laying the groundwork for their reconnection. Their relationship officially commenced in 2016. Mr. Lupercio's proposal in 2017, within the solitude of their workplace, marked a pivotal moment, culminating in their marriage on March 24, 2017. This union, celebrated with Ms. Sangurima's nephews as witnesses, symbolized not only their commitment but also the culmination of Ms. Sangurima's patient hope and Mr. Lupercio's courage to face past fears. The authenticity and sincerity of their union are confirmed herein by the corroborative statements from individuals who have been witnesses to the couple's relationship, marriage, and life together. These testimonials serve not only as evidence of a genuine marital relationship but also highlight the shared commitment and mutual affection between Ms. Sangurima and Mr. Lupercio. Jorge M. Ayacava, a guest at their wedding, recounted the joy and happiness shared by the couple on their special day. He remarked, “I was present at their wedding where I could witness how happy Lourdes and Juan were at the gathering”. Mr. Ayacava's observation at the wedding underscores the genuine happiness and affection that Ms. Sangurima and Mr. Lupercio have for each other, evident to those present at the inception of their marital journey. Saul Jara, a close family friend of the couple, has witnessed the depth of their relationship through personal interactions during visits. His insight into their life together is profound, noting, “I believe they have made a lifetime commitment to each other and are happy”. Mr. Jara's statement reflects his close observation of the couple's interactions and the conclusion drawn from their mutual dedication and happiness. Steven Baculima, a U.S. citizen and the niece of Ms. Sangurima, offers a unique perspective on the couple's relationship. Having been present at their wedding and maintaining constant communication with them, Mr. Baculima observed their ongoing strong and happy marital relationship. He confidently stated, “I have seen they have an ongoing strong and happy marital relationship that I anticipate will be a lifetime”. This testament not only speaks to the stability and joy in their marriage but also to Mr. Baculima's belief in the enduring nature of their union. A year after their marriage, as they navigated the intricate process of immigration paperwork, they were blessed with joyful news as Juan's alien relative petition for Lourdes got approved, however, the approved petition was overshadowed by the denial of a crucial waiver. This setback marked the beginning of a tumultuous period for Mr. Lupercio, whose emotional turmoil was compounded by a psychological evaluation and emerging issues at work. It was during these trying times that Mr. Lupercio's demeanor toward Ms. Sangurima began to change profoundly, casting a shadow over their marriage. As their dreams of building a family together emerged, another conflict surfaced: Mr. Lupercio's adamant refusal to have children. After a few more years, revelation of Mr. Lupercio's infidelity in December 2023 was the final breach of trust, a devastating blow that unraveled the remaining threads of their bond. This confession, coupled with the abandonment in her times of need, plunged Ms. Sangurima into a deep well of mental and emotional anguish, marking a profound period of suffering and introspection. Based on the details provided, it's evident that Ms. Sangurima earnestly endeavored to build a life and maintain a harmonious relationship with Mr. Lupercio throughout their marriage. Facing internal strife, she diligently worked towards reconciliation, motivated by a genuine desire to preserve a nurturing and affectionate partnership. Her commitment spanned over seven years, during which she persevered in the face of considerable adversity. Even now, the dissolution of their union brings her no joy but rather a deep sense of frustration and sorrow, underscoring the depth of her commitment and the pain of this inevitable separation. Further reinforcing the bona fide nature of their marriage, we have attached documentation pertaining to the life insurance policy of Mr. Lupercio issued by Pruco Life Insurance Company New Jersy, where he duly listed Ms. Sangurima as the primary beneficiary. This decision reflects a deep mutual commitment, underscoring the seriousness with which they approach their marital obligations and their concern for each other's welfare in the event of unforeseen circumstances. Ms. Sangurima and Mr. Lupercio were active members of the St. Pius church community, where they regularly attended services and contributed tithes. This not only reflects their shared spiritual beliefs and practices but also illustrates their public recognition as a married couple within their community. Their engagement in these religious activities supports the claim that their marriage was entered into with genuine intent, beyond mere legal convenience. Also a key among the evidence submitted are joint utility bills such as National Grid, phone bills, and Con Edison bills, which serve as a tangible manifestation of their shared domestic life and financial interdependence. Such documents not only signify cohabitation but also represent the day-to-day commitments and arrangements typical of a genuine marital relationship. Additionally, the couple's practice of filing joint tax returns is presented as evidence of their financial union and shared responsibility as a married couple. This act of filing taxes jointly is indicative of their legal and financial integration, a hallmark of a bona fide marital relationship. Lastly, their joint financial responsibilities, as evidenced by their shared Citibank Mastercard credit card accounts, further corroborate the genuine nature of their marital relationship. The co-mingling of financial resources and responsibilities is a significant indicator of a bona fide marriage, demonstrating mutual trust and a shared life that extends beyond superficial appearances. Together, these pieces of evidence— membership in the same church, joint bills, life insurance policies with mutual beneficiary designations, and jointly filed tax returns—form a robust foundation supporting the claim of a bona fide marriage between Ms. Sangurima and Mr. Lupercio. This comprehensive dossier not only meets but exceeds the standards of proof required to establish the good faith nature of their marriage, thereby solidifying Ms. Sangurima's eligibility for relief under the Violence Against Women Act. 4. Battery or extreme cruelty Ms. Sangurima is a victim of battery and extreme cruelty. INA §204(a)(1)(A)(iii)(I)(bb). Battery or extreme cruelty is broadly defined to include, “being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation or forced prostitution shall be considered as acts of violence. 8 C.F.R. §204.2 (c)(vi). Moreover, abusive actions which, in and of themselves, do not appear to be violent, but are part of an overall pattern of violence may be acts of violence under certain circumstances. Id. In the case of Ms. Sangurima, the evidence compellingly illustrates a pattern of emotional and psychological abuse perpetrated by her husband, Mr. Lupercio, that escalated in severity over the course of their marriage. Initially driven by a shared aspiration to build a family and secure Ms. Sangurima's immigration status, the dynamic between them deteriorated following the denial of an immigration waiver, marking the onset of Mr. Lupercio's abusive behavior. Mr. Lupercio's actions, including unwarranted blame for professional and immigration setbacks, demands for Ms. Sangurima to alter her appearance and demeanor, and cruel comments regarding her sexual abuse history, unequivocally constitute emotional and psychological abuse. These demands were not only unreasonable but profoundly insensitive, considering Ms. Sangurima's past trauma. His behavior starkly contrasts with the supportive role expected of a partner, especially in light of Ms. Sangurima's vulnerable position as an immigrant and a survivor of sexual abuse. Further exacerbating this abuse was Mr. Lupercio's manipulation concerning the prospect of having children—a fundamental aspect of their initial plans as a married couple. His shift from desiring children to using the threat of Ms. Sangurima's potential deportation as a means to control her, along with his obsessive inquiries about her pregnancy status, inflicted significant emotional distress. This control extended to isolating Ms. Sangurima during critical moments, such as immigration hearings and medical appointments, thereby amplifying her feelings of loneliness and abandonment. The culmination of this abuse was Mr. Lupercio's infidelity, an ultimate betrayal of their marital vows, coupled with his decision to end their marriage to pursue a family with another, underscoring his disregard for the emotional well-being and dignity of Ms. Sangurima. His actions not only devastated Ms. Sangurima emotionally but also led to a profound impact on her mental health, necessitating therapeutic intervention. The case presents a clear narrative of abuse, manipulation, and betrayal that underscores the eligibility of Ms. Sangurima for relief under the Violence Against Women Act (VAWA). The documented pattern of Mr. Lupercio's behavior vividly illustrates the emotional and psychological torment inflicted upon Ms. Sangurima, warranting legal protection and acknowledgment of the abuse she endured within the marriage. Furthermore, and most importantly, reports from studies show that physical and psychological abuse is prevalent in relationships where the partner is infertile. A study from WHO, World Health Organization states that “infertility is a significant psychological stressor among infertile couples. Aggressive behaviour such as domestic violence may be the consequence of this situation.” In the National Institute of Medicine study, it was found that 5% of women were subjected to “violence after infertility was diagnosed”. Another attached article brings to bear that “infertility causes hopelessness in women and affects their marital relationship. They argue that infertile women are more predisposed to depression, anxiety, stress, and stressful events that can make a potential background for behavioral abuse. One of the major goals of marriage in women is fertility, and infertility, in fact, ruins this value. Therefore, women accept to undergo difficult fertility techniques to preserve their condition, which may predispose them to many mental diseases, depression, and other psychological disorders. On the other hand, infertile women face other threats such as a divorce or their spouse's remarriage.” Pierre Berastain mentions in an article attached that power dynamics may shift in infertile relationships, leading to “hurtful verbal sparing”. It creates a situation where one person is “medically absolved, and the other is labeled the problem.” Juan was aggressive when he sought to learn whether Lourdes was pregnant. He kept asking over and over whether she was pregnant, making Lourdes fearful of disclosing that she was not yet another time. The pressure was overwhelming and caused Lourdes to feel anxious and depressed. These articles bear witness to how plausible Lourdes’ abuse evolved and manifested in her marriage with Juan. It is certainly plausible that she might be depressed from her inability to procreate. He often disparaged and demeaned her by telling her that she was no longer sexy and that she didn’t satisfy him in bed. These demeaning behaviors caused her to feel depressed and especially when he stopped going out with her and participating in family events. He essentially shut her out to punish her. He would threaten divorce when ever she sought to discuss the situation with her. The level of gaslighting and emotional abuse is apparent in Lourdes’ account of her psychologically abusive interactions. When she contracted HPV, he used gaslighting tactics to blame her for being promiscuous, knowing that she had not had other partners. He blamed her for getting him in trouble at work for attending psychotherapy appointments. He used threats of divorce as a tool to gaslight her. He often found divorce threats as a solution to fixing problems that existed. The threat of divorce made Lourdes believe that the problems stemmed from her own behavior or conduct. 5. Residency with Abuser The self-petitioner must have resided with the abuser at some point. Evidence show that Ms. Sangurima and Mr. Lupercio resided together after their marriage on March 24, 2017. Ms. Sangurima and Mr. Lupercio's cohabitation and shared life as a married couple are clearly evidenced by utility bills which bear both of their names. This joint responsibility for household expenses is a hallmark of a shared domestic life, indicating not only their co-residence but also their mutual commitment to maintaining their household. The presence of their names together on such documents is a direct reflection of their intertwined lives and shared financial responsibilities, a common practice among couples in a committed relationship. Further corroborating their life together are the testimonies from friends and relatives who have frequently visited their residence. These individuals, who have been part of Ms. Sangurima and Mr. Lupercio's social and familial circles, have firsthand knowledge of their relationship dynamics, living arrangements, and the nature of their partnership. The consistent and regular visits by these witnesses provide a reliable account of Ms. Sangurima and Mr. Lupercio's life together, offering a personal insight into their relationship that documents alone cannot convey. The testimonies are expected to detail the regular and consistent interaction between Ms. Sangurima and Mr. Lupercio, the nature of their relationship as observed during these visits, and any notable instances that exemplify their commitment to each other as husband and wife. These personal accounts add a layer of depth to the evidence, showcasing not only the practical aspects of their shared life but also the emotional and social dimensions of their relationship. In light of the foregoing, the evidence of cohabitation through joint utility bills, combined with the corroborative testimonies from friends and relatives, unequivocally demonstrates that Ms. Sangurima and Mr. Lupercio lived together as husband and wife. 6. Current Residency in the United State Ms. Sangurima currently resides in New York. 7. Good Moral Character. Ms. Sangurima epitomizes the essence of good moral character, a virtue consistently observed and venerated by those within her community. Despite facing personal challenges and navigating the complexities of her immigration status, she has unwaveringly upheld principles of kindness and responsibility. Her conduct, both in personal and communal spheres, reflects a deepseated commitment to these values, distinguishing her as an individual of exemplary character. The care she extends to her ailing father, afflicted with Chronic Obstructive Pulmonary Disease as confirmed by Dr. Larrea Hidalgo Edwin Venicio, exemplifies a deep sense of duty and compassion. Her willingness to shoulder the financial burden of her father's medical expenses demonstrates an admirable selflessness and moral fortitude. The essence of good moral character is often reflected in acts of altruism and benevolence. Ms. Sangurima's actions, as recounted by her older sister Mariana de Jesus Sangurima, indicate a consistent pattern of putting the well-being of her family above her own personal and professional aspirations. This self-sacrifice for the betterment of her family's health and financial stability is indicative of her inherent goodness and moral clarity. Ms. Sangurima's compliance with tax laws, as evidenced by the joint tax return with Mr. Lupercio, further attests to her good moral character. This adherence to legal responsibilities not only demonstrates her respect for the laws of the United States but also her integrity and honesty as a contributing member of society. Ms. Lourdes M. Sangurima's actions and life choices clearly illustrate a person of good moral character. Her unwavering commitment to her family, particularly in times of health crises, her altruistic approach to life, and her meticulous observance of legal obligations collectively paint a portrait of an individual who embodies the values and standards associated with good moral character. Sincerely, Carmelia Taylor, Esq