VAWA

[colours 3]

Thanks TranPorter - Trust me, it is better not to be in my shoes with all the pain I am going through.

TOShare - I did not send any letter with I-765. I filed I-360, I-485, and I-765 all together and got one biometrics for I-485. I called the toll free number to ask about the I-765 and shared how I badly needed to work to support myself since I have no money and no income. They told me that it normally takes about 90 days to process the I-765 and that most cases people receive the EAD within that time. Very few people have to call after 90 days for an expedite. I hope that was helpful.

[Yahya54 4]

ok i just git new updat today

On April 14, 2010, we received your response to our request for evidence. This case is being processed at our VERMONT SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response

[colours 3]

yahya45 - that's great... u r almost there... you will be done with all this very soon!

[kwala 3]

colours

is good to know about i-360 on here befor file it .your case will be fine just keep working and in 5 month or less u gona be approved .what kind of evidences did u send? thanks

[Yahya54 4]

I wasn’t know that VSC they work on Sunday my case was touched yesterday and today.. they are reviewing my RFE

[3bvsla 1]

yahya54, finally it's your turn to get a decision )) it took a while

[colours 3]

Good Luck yahya54!

TO share - the evidences I sent were marriage certificate, my personal statement/affidavit, letter from non-profit organization that helped me deal with the abuse, letter from doctor's office

The lawyer told me that was good basics to start with and if they needed anything else they would let us know and they did with the RFE. So now we are working on gathering all the evidence requested in the RFE. Most of it is the same as everybody else such as good moral character, good faith marriage, a few clarifications, etc. So right now we are busy preparing all the evidence we have. I am addressing everything mentioned in the RFE to make sure they are satisfied with everything they receive. The rest I'll have to wait and see the results. Hopefully something positive as I am dealing with a lot of grief right now and can't wait to be done with all this and move on. At times life feels sooo difficult but what can one do right?

Edited April 20, 2010 by colours

[colours 3]

BTW I checked for status updates today and they made update today showing that they mailed my EAD yesterday. Woohoo! Can't wait to start working so that I don't have to depend on anybody and can pay for therapy.

[colours 3]

TO share - I hope you are right about the approval. Can't wait to be done with everything...

[Mumay 1]

Pls.advise....a friend of mine came in here on K-1 visa,they got married and was able to filed the adjustment of status but not yet approved ...she just had her biometric done....after few months of living,her husband slowly abusing her...controlling her...calling names....sexual, verbal and mental abused but no police report had been filed.She leave her husband cause she could not take it anymore....and now living with another friend.Right now,once in a week,we had to bring her to a Psychologist at the National Crisis for women in our State ..coz she's so depressed..keep crying....we just had to help her..

My question...can she filed a VAWA?...how about that 1-485 that was been already filed ,do she need to continue it....maybe not to continue it coz it was under his husband petition...do she need to filed another one.....cant afford a lawyer coz she dont have a job....

Thank u....

[EWTN2009 0]

Pls.advise....a friend of mine came in here on K-1 visa,they got married and was able to filed the adjustment of status but not yet approved ...she just had her biometric done....after few months of living,her husband slowly abusing her...controlling her...calling names....sexual, verbal and mental abused but no police report had been filed.She leave her husband cause she could not take it anymore....and now living with another friend.Right now,once in a week,we had to bring her to a Psychologist at the National Crisis for women in our State ..coz she's so depressed..keep crying....we just had to help her..

My question...can she filed a VAWA?...how about that 1-485 that was been already filed ,do she need to continue it....maybe not to continue it coz it was under his husband petition...do she need to filed another one.....cant afford a lawyer coz she dont have a job....

Thank u....

Yes, she can file I-360. If they haven't gone to their first interview before an immigration office, MAKE SURE that she files I-360 within 30 days after interview date and notify to the local office where her current I-485 is filed with her husband to be withdrawn, so removal of proceedings do not start against her. She needs to move FAST!!!! PLEASE HELP HER NOW !!!! I know at this time she can not even think / care / or take any action on her immigration stuff, so please help her to move along!!!!!!!!!!! If she needs to work, she could file another I-485 and I-765 concurrently based on I-360 ( but obviously needs to pay the fee again) and she probably will get EAC (employment authorization card) while I-360 is being processed OR wait until I-360 is approved and then file I-485 for adjustment of the status and get green card, so she won't need EAC. But since I-360 are being approved faster now ( within 5 months) I would recommend to file I-360 and wait to be approved. Anyway, that's her decision.

[EWTN2009 0]

yahya54, finally it's your turn to get a decision )) it took a while

Hi 3bvsla!!!! That's great! So you're waiting for your interview now? You sent your previous I-485 ( filed with your spouse) and they waived the fee?

I'm sending you the best wishes and I hope your life weights lighter after this long suffering journey.

best wishes for you and everyone here....

[colours 3]

Mumay - very sorry to hear about your friend and it's disheartening to know how many people go through this.

First and foremost, your friend's safety and well being is the most important. Sounds very familiar and brings back ugly memories for me. I was probably crying uncontrollably for a very long time and still do sometimes when I have flashbacks. Many times felt suicidal too since had no desire to live.

This is what you need to do ASAP:

1. Safety of friend - assuming she is with you and may want to obtain restraining orders.

2. Talk to a lawyer - there are many lawyers that offer help "pro bono" (i.e. at no cost) and you can find them through the national crisis organization that you mentioned.

3. Document each and every single incident with dates/times and details - a very painful but important task (this part was extremely difficult for me and I would be shaking and crying when doing this).

4. Gather all the documents you will need - evidence, etc.

5. What to file - I-360, link it to existing I-485 and I-765 from husband. Do NOT share about the I-360 with the abusive spouse and keep it absolutely confidential.

This is what you need to prepare to submit:

1. Forms I-360, attach previous copy of or receipt of I-485 and I-765 that was filed by husband

2. Copy of passport, I-94, birth certificate, divorce decree if applicable

3. Copy of marriage certificate and husbands birth certificate, passport or anything that shows he is a USC

4. Personal affidavit with all the details of marriage (with details from before and after marriage to show good faith marriage) and abuse

5. Letters from witnesses of abuse and those who can confirm the marriage and that they know they were a couple

6. Photographs helpful (doesn't have to be an album, but a few enough to give an idea of a true relationship)

7. Letters from the psychologist, doctor, etc. with details about the nature of treatment/therapy, abuse, number of sessions, continuity, etc.

8. Anything that shows they were married and living together e.g. joint bank account, leases, mail, etc. (since my abusive spouse isolated me and was very controlling, I do not have any of it except for mail received at his place but it is still something and not having the other documents is part of the abuse for me).

9. Anything else you think may help the case

This should be good to get you started and if they need anything more they will let you know. Sometimes, people have to leave under horrible circumstances when they are abused so they may not always have all the documents and when you are so distressed you don't always think about these things as it's the last thing on your mind.

I hope this is helpful. I am sure others will chime in with more help if I have missed something. Definitely don't lose hope and encourage your friend to be strong and move on. It takes a very long time to heal and it is not an easy process. There is a lot of pain and suffering even if you are away from the abuser.

Good Luck! Let us know how things work out for your friend. Take care.

[colours 3]

Also, my understanding is that if there is already an I-485 filed by the spounse, you should be able to continue with that so be sure to have it linked with the VAWA petition. Unfortunately, my husband never filed for AOS and kept making excuses for a very long time as he never intended to file and wanted to control me in every way possible. This means I had to file an I-485 and I-765 and pay $1010 which I had to borrow. You can have the fee waived but I did not know about it when I filed. Besides I am not sure if I would have wanted the fee waiver to delay my processing. It's hard to come up with a lot of money when you are not working since you cannot work and are dependent on the abusive spouse. Even if you get away from the abusive spouse there are no papers to work. Just to be clear there is NO fee for I-360 when filing VAWA as it is waived.

[3bvsla 1]

Hi 3bvsla!!!! That's great! So you're waiting for your interview now? You sent your previous I-485 ( filed with your spouse) and they waived the fee?

I'm sending you the best wishes and I hope your life weights lighter after this long suffering journey.

best wishes for you and everyone here....

Hey EWTN2009,

I'm waiting on my biometrics appointment now. I don't have an interview date yet.

It was my first time filing for I-485. I filed for I-485 with a fee waiver to Vermont Service Center "Case Resolution Unit". It took them just about 3 weeks to respond me with NOA1. I guess fee was waived and I don't have to pay anything since it said 'fee previously collected". Weird. I've never paid the fee, but applied for a fee waiver.

We'll see how it goes.

ETWN2009, where do you live now? Are you planning on coming back to US?