VAWA

[GhanaMade88 0]

HONEST, according to this website http://www.ask.com/bar?q=vawa+adjustment+m...open_id%3D10837

you HAVE to wait for a visa number to be available before u can apply for adjustment since you were married to a lpr

[gina12 0]

Thanks a lot Ghana.

what I have to do next.

I sent my application on 10th March 2009 and got approved on 10th September. Almost 6 months.

wow that was really quick, im not sure about pr vawa...check the uscis website

I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants- 5 Months

Dear all,

I just read the above is that true????

Please help me, I cannot search for the status of my application online. Whenever I try this is the message I get.

Validation Error(s)

You must correct the following error(s) before proceeding:

Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283.

To view the status of a case, please enter the corresponding application receipt number. The 13-character application receipt number can be found on application notices you have received from the USCIS. It begins with three letters such as (EAC, WAC, LIN, or SRC). Dashes ("-") should be omitted when entering a receipt number. However, all other characters, including asterisks ("*"), can be included if listed on your notice as part of the receipt number.

I called the above number the other day, but they told me that my case has not been updated online. I filed my Vawa petition in May'09. I have the prima facie with the EAC number.

What should I do, Please help me....

Dear Gina,

Where you read that the I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants- 5 Months

I read that somewhere which is couple of years old web page but I am not sure.

I also heard that the VAWA processing going to be less as per the organization and it looks like its happening. my case and bethbeth is a good example for this and also as I mentioned in other social service organization they are seeing more approvals with less time. I don't know how much TRUE but I wish you all the best.

Hi Honest,

I read that on the timelines page on USCIS.gov.

[GhanaMade88 0]

HONEST, according to this website http://www.ask.com/bar?q=vawa+adjustment+m...open_id%3D10837

you HAVE to wait for a visa number to be available before u can apply for adjustment since you were married to a lpr

Ok i have done alot of research and it seems that it all depends on whether your lpr spouse had filed any petitions for you, if so the you can use that priority date for your adjustment and if he didnt then you will have to wait until a visa is available to you so every yr you have to file for renewal of ead and deferred action status until a visa is available to you...i would contac a lawyer or catholic charities for extra help

[gina12 0]

Thanks a lot Ghana.

what I have to do next.

I sent my application on 10th March 2009 and got approved on 10th September. Almost 6 months.

wow that was really quick, im not sure about pr vawa...check the uscis website

I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants- 5 Months

Dear all,

I just read the above is that true????

Please help me, I cannot search for the status of my application online. Whenever I try this is the message I get.

Validation Error(s)

You must correct the following error(s) before proceeding:

Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283.

To view the status of a case, please enter the corresponding application receipt number. The 13-character application receipt number can be found on application notices you have received from the USCIS. It begins with three letters such as (EAC, WAC, LIN, or SRC). Dashes ("-") should be omitted when entering a receipt number. However, all other characters, including asterisks ("*"), can be included if listed on your notice as part of the receipt number.

I called the above number the other day, but they told me that my case has not been updated online. I filed my Vawa petition in May'09. I have the prima facie with the EAC number.

What should I do, Please help me....

Dear Gina,

Where you read that the I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants- 5 Months

I read that somewhere which is couple of years old web page but I am not sure.

I also heard that the VAWA processing going to be less as per the organization and it looks like its happening. my case and bethbeth is a good example for this and also as I mentioned in other social service organization they are seeing more approvals with less time. I don't know how much TRUE but I wish you all the best.

Hi Honest,

I read that on the timelines page on USCIS.gov.

Dear all,

Seems like I am getting wary for no good reasons.

I filed for my vawa in May 2009, got a prima facie and an EAD that is valid for an year. I applied for SSN based on EAD, got the SSN that is valid for an year too, I also got a DL that is also valid for an year. Everything expires next year May.

Will I be able to renew my EAD, SSN, and Driver's licence, even if my VAWA is not decided upon by May next year? Please advice. I had to live in shelters for good 7 months. I don't want to end up back in shelters.I have had a very very miserable life eversince I married this person. It's only now that i am being able to breathe fresh air, because I am no more dependent on him. On the contrary my spouse still keeps hurting me in some or the other way. Can I get a divorce and be over with it once and for all.

[Honest 0]

HONEST, according to this website http://www.ask.com/bar?q=vawa+adjustment+m...open_id%3D10837

you HAVE to wait for a visa number to be available before u can apply for adjustment since you were married to a lpr

Ok i have done alot of research and it seems that it all depends on whether your lpr spouse had filed any petitions for you, if so the you can use that priority date for your adjustment and if he didnt then you will have to wait until a visa is available to you so every yr you have to file for renewal of ead and deferred action status until a visa is available to you...i would contac a lawyer or catholic charities for extra help

Dear EWTN, Ghana and Gina

Thank you very much for your reply and also researching for the information to help me.

Yes my spouse filed I-130 Jan this year and got EAC Reciept number. I also sent that Receipt number along with my I-360 VAWA application.

So Ghana you said I apply for EAD, Advance parole and I-485 together.

But I have to send the EAD application to vermont as my case comes under option © (14) deferred action.

I have to sent the Advance parole & AOS to Chicago Lock box. So, I don't know, what to do.

So how to renew your deferred action status and how long the current one is valid. Is there any fee for this to renew. I knew there is fee for EAD renewal.

Edited September 13, 2009 by Honest

[EWTN2009 0]

Forum Friends:

During all these months waiting for my approval, I've searched about VAWA process, I've been helped for some "angels" in this forum and I'm still learning about... PLEASE BEFORE YOU DECIDE TO SEND/REQUEST/DO ANY FURTHER STEP IN YOUR VAWA PROCESS GET ACURATE ADVICES FROM LEGAL SERVICES THAT REALLY KNOW ABOUT VAWA PROCESS. This sharing info is only for our reference and some of these postings could be old, changed or not longer valid. We're not experts in Laws, Policies or Practices within the Department of Homeland Security that support VAWA Immigration processes

Honest: I found this on USCIS website ( section: Humanitarian Benefits)

Q. What if the abusive US citizen/LPR did file a Form I-130 petition on behalf of the battered spouse which is either still pending or was withdrawn?

A. A self-petitioner who is the beneficiary of a Form I-130 petition filed by the abusive spouse will be able to transfer the priority date of the Form I-130 petition to the I-360 self-petition. This is extremely important for self-petitioners who must wait for a visa number as an earlier priority date will result in a shorter waiting time.

As far as I have read, this is the info that I got from other posting's members:

1. YES, YOU DO have to file a NEW EAD based on your approved I-360. The other one you filed with your ex-spouse back in Jan 2008 is not longer valid at all.

2. NO, YOU DO NOT have to pay again for your I-485, since your ex-spouse's aplication was already paid. My lawyer never told me this, indeed I think he doesn't even know about VAWA process. He requested me to pay I-485 and file it together with my I-360, which it's not even approved ... So, please don't do that mistake and save your money, you'll need it.

3. Your priority date for processing your I-485 would be your ex-spouse's date when you filed I-130 and I-485 together, so at least you have saved NINTEEN MONTHS (1 year and a half).

My understanding is you have your "pending" I-485 based on your I-130, so VERMONT MUST transfer your file (i-360) to the NATIONAL BENEFIT CENTER (where it should be your I-130 & I-485 at this time) and they will process your AOS without cost. This is one of the benefits for us, because we do not have money to pay this fee to immigration again. Regarding to the advance parole document, I still have no info, but as soon as I find something else I will contact you.

NOTE: Please find more info regarding to U Visas at www.nationalimmigrationproject.org, go to U Visa section.

gina 12: I also received my first EAD and got my Driver license valid for 1 year only. That's a normal process. Don't worry. You will be able to renew them next year if your I-360 is still pending. It happened to me, remember I've been waiting for 19 months and I renewed them with no problem. Please don't get stressed out. I understand without info you could get frustrated, but we're all here to share websites, info, experiences, etc, so please feel free to ask. I don't think you're gonna need to come back to shelters, all you have to do, is request renewal of I-765 ninety days before expires. For example, My EAD was going to expire on Octobre 2009 and I requested to my lawyer to renew it on June 2009 and I received my EAC (card) on July 2009. Also, LostinNJ requested his first EAD on July 2009 and got his EAC a month later. So that's the normal process and we both have still our I-360 pending. With your EAC you could renew your driver license. So, you could send your request for renewing I-765 around the end of february 2010 and you should get your EAC on time before your current EAC expires.

Anyway, Gabriela525 posted some info few weeks ago with Frequently asked Questions about getting divorce when we have a pending I-360. These are the answers:

Q. Is a victim eligible to self-petition under VAWA if the abuser became a LPR after the couple divorced, it has been less than 2 years since the termination of marriage and the divorce was connected to the abuse? The issue here is of the abuser becoming an LPR after the marriage.

A.No, because the victim would not have a qualifying relationship.

NOTE from ASISTA: The problem here is the divorce. Read INA § 204(a)(1)((ii)(I)(bb) & (II) closely: The abuser need not be an LPR during the abuse or the marriage (although the abuse must have taken place during the marriage)(I)(bb), BUT the applicant must be married to the abuser at time of filing (II)(aa)(AA) or have been a spouse of an LPR within the past 2 years (II)(aa)(CC). In the hypo, the applicant was divorced before the abuser became an LPR, so she meets neither qualification.

Q.Is a victim eligible to self-petition under VAWA if the abuse took place while the spouse was not an LPR, and then the abuser becomes an LPR after the spouses separate? The issue here is where the abuser abuses the victim before getting LPR status; the couple then separates (but doesn’t divorce). So the abuse happened during the marriage, but not while the abuser was an LPR. Is the victim VAWA-eligible?

A.If the self-petitioner can make the connection for VSC and argue that the abuse continues somehow, she may still be eligible.

NOTE from ASISTA: We don’t think there has to be ongoing abuse. Make the statutory construction arguments in the note above and let us know if you have problems. We will send a note to VSC supporting your statutory argument.

Q.Is a victim eligible to self-petition under VAWA if the abuser acquired LPR status after he and the petitioner stopped living together?

A. Possibly. It depends on a totality of circumstances.

NOTE from ASISTA: Continuing with the statutory analysis: The applicant must “have resided” with the spouse, not an LPR, see (II)(dd). We therefore think the statute permits this, as long as there was abuse during the marriage and one of the abuser’s LPR status conditions apply (see Q 11 note).

Q. Is there a way for us to verify with VSC before filing whether an abuser is a LPR, when we know the abuser has had a pending I-485?

A. No. VSC cannot verify an abuser’s status before the filing of the I-360. They can only do so in conjunction with a filed I-360. Provide ALL of the facts you have and VSC will look hard in their system. The more info that you provide, the better the likelihood that VSC can find someone in the system.

NOTE from ASISTA: The same privacy protections noted in Q 7 apply here. VSC can’t give out information on an individual’s immigration status without that person’s consent (we wouldn’t want them to do this to our clients, would we?). In our experience, however, VSC strives to discover the information and act accordingly. You can tell what it’s discovered by the preference category in which your client is placed upon approval. PRACTICE POINTER: Give as much detail as possible on where (what office) you think the abuser may have gained LPR or naturalized. The centralized data system is not notably comprehensive and VSC can’t check every local office.

I Hope this info will be helpful for you guys...... Take care........ ETWN

Edited September 13, 2009 by EWTN2009

[gina12 0]

Forum Friends:

During all these months waiting for my approval, I've searched about VAWA process, I've been helped for some "angels" in this forum and I'm still learning about... PLEASE BEFORE YOU DECIDE TO SEND/REQUEST/DO ANY FURTHER STEP IN YOUR VAWA PROCESS GET ACURATE ADVICES FROM LEGAL SERVICES THAT REALLY KNOW ABOUT VAWA PROCESS. This sharing info is only for our reference and some of these postings could be old, changed or not longer valid. We're not experts in Laws, Policies or Practices within the Department of Homeland Security that support VAWA Immigration processes

Honest: I found this on USCIS website ( section: Humanitarian Benefits)

Q. What if the abusive US citizen/LPR did file a Form I-130 petition on behalf of the battered spouse which is either still pending or was withdrawn?

A. A self-petitioner who is the beneficiary of a Form I-130 petition filed by the abusive spouse will be able to transfer the priority date of the Form I-130 petition to the I-360 self-petition. This is extremely important for self-petitioners who must wait for a visa number as an earlier priority date will result in a shorter waiting time.

As far as I have read, this is the info that I got from other posting's members:

1. YES, YOU DO have to file a NEW EAD based on your approved I-360. The other one you filed with your ex-spouse back in Jan 2008 is not longer valid at all.

2. NO, YOU DO NOT have to pay again for your I-485, since your ex-spouse's aplication was already paid. My lawyer never told me this, indeed I think he doesn't even know about VAWA process. He requested me to pay I-485 and file it together with my I-360, which it's not even approved ... So, please don't do that mistake and save your money, you'll need it.

3. Your priority date for processing your I-485 would be your ex-spouse's date when you filed I-130 and I-485 together, so at least you have saved NINTEEN MONTHS (1 year and a half).

My understanding is you have your "pending" I-485 based on your I-130, so VERMONT MUST transfer your file (i-360) to the NATIONAL BENEFIT CENTER (where it should be your I-130 & I-485 at this time) and they will process your AOS without cost. This is one of the benefits for us, because we do not have money to pay this fee to immigration again. Regarding to the advance parole document, I still have no info, but as soon as I find something else I will contact you.

NOTE: Please find more info regarding to U Visas at www.nationalimmigrationproject.org, go to U Visa section.

gina 12: I also received my first EAD and got my Driver license valid for 1 year only. That's a normal process. Don't worry. You will be able to renew them next year if your I-360 is still pending. It happened to me, remember I've been waiting for 19 months and I renewed them with no problem. Please don't get stressed out. I understand without info you could get frustrated, but we're all here to share websites, info, experiences, etc, so please feel free to ask. I don't think you're gonna need to come back to shelters, all you have to do, is request renewal of I-765 ninety days before expires. For example, My EAD was going to expire on Octobre 2009 and I requested to my lawyer to renew it on June 2009 and I received my EAC (card) on July 2009. Also, LostinNJ requested his first EAD on July 2009 and got his EAC a month later. So that's the normal process and we both have still our I-360 pending. With your EAC you could renew your driver license. So, you could send your request for renewing I-765 around the end of february 2010 and you should get your EAC on time before your current EAC expires.

Anyway, Gabriela525 posted some info few weeks ago with Frequently asked Questions about getting divorce when we have a pending I-360. These are the answers:

Q. Is a victim eligible to self-petition under VAWA if the abuser became a LPR after the couple divorced, it has been less than 2 years since the termination of marriage and the divorce was connected to the abuse? The issue here is of the abuser becoming an LPR after the marriage.

A.No, because the victim would not have a qualifying relationship.

NOTE from ASISTA: The problem here is the divorce. Read INA § 204(a)(1)((ii)(I)(bb) & (II) closely: The abuser need not be an LPR during the abuse or the marriage (although the abuse must have taken place during the marriage)(I)(bb), BUT the applicant must be married to the abuser at time of filing (II)(aa)(AA) or have been a spouse of an LPR within the past 2 years (II)(aa)(CC). In the hypo, the applicant was divorced before the abuser became an LPR, so she meets neither qualification.

Q.Is a victim eligible to self-petition under VAWA if the abuse took place while the spouse was not an LPR, and then the abuser becomes an LPR after the spouses separate? The issue here is where the abuser abuses the victim before getting LPR status; the couple then separates (but doesn’t divorce). So the abuse happened during the marriage, but not while the abuser was an LPR. Is the victim VAWA-eligible?

A.If the self-petitioner can make the connection for VSC and argue that the abuse continues somehow, she may still be eligible.

NOTE from ASISTA: We don’t think there has to be ongoing abuse. Make the statutory construction arguments in the note above and let us know if you have problems. We will send a note to VSC supporting your statutory argument.

Q.Is a victim eligible to self-petition under VAWA if the abuser acquired LPR status after he and the petitioner stopped living together?

A. Possibly. It depends on a totality of circumstances.

NOTE from ASISTA: Continuing with the statutory analysis: The applicant must “have resided” with the spouse, not an LPR, see (II)(dd). We therefore think the statute permits this, as long as there was abuse during the marriage and one of the abuser’s LPR status conditions apply (see Q 11 note).

Q. Is there a way for us to verify with VSC before filing whether an abuser is a LPR, when we know the abuser has had a pending I-485?

A. No. VSC cannot verify an abuser’s status before the filing of the I-360. They can only do so in conjunction with a filed I-360. Provide ALL of the facts you have and VSC will look hard in their system. The more info that you provide, the better the likelihood that VSC can find someone in the system.

NOTE from ASISTA: The same privacy protections noted in Q 7 apply here. VSC can’t give out information on an individual’s immigration status without that person’s consent (we wouldn’t want them to do this to our clients, would we?). In our experience, however, VSC strives to discover the information and act accordingly. You can tell what it’s discovered by the preference category in which your client is placed upon approval. PRACTICE POINTER: Give as much detail as possible on where (what office) you think the abuser may have gained LPR or naturalized. The centralized data system is not notably comprehensive and VSC can’t check every local office.

I Hope this info will be helpful for you guys...... Take care........ ETWN

Dear ETWN, thank you so much, I am somewhat relaxed now. Are you married to a USC, I have been learning that it is completely different if you are married to a USC

Thanks again....

[Yahya54 4]

my dear on line freind ihave qustion if some one can help plz

11\10\2008 i fill my vawa

11\18\2008 got RFE (good moreal )

12\20\ responed for RFE

1\15\2009 got my firest prima facie for 180 days (expier july20\2009)

3\20\2009 request for expdiat

4\15\toched

5\15\2009 got my divorc final

july 28 i sent request for updat alone with more evidenc (not requet for prima facie extiton) and i never heard any thing not even 2nd prima facie the last time was toched is augest 18 i ask my attroney and he says that they dont have to responed the only way to responed is when the ask for somthing

my question is you see my time line when i chak on line the say the massage when they RFE back in noveber the never say that we recived your evidenc and your case has been resumed like every body us is that normail

my secound is you thing its normail just like my attoreny says that they dont have to respond . as of now i dont have any thing my prima facie is been expier god knows whenim going to herd from them

i cant belive that never respond to me i have vary varey strong and good evidanc .dont you thing is wired so i should be worry or not

any replay will be apritcated

[CarlaM 0]

I had my interview on Sep 2nd. Sep 9th "Card Production Ordered"

[GhanaMade88 0]

I had my interview on Sep 2nd. Sep 9th "Card Production Ordered"

omgggg yayyyyy give us the details...when was ur vawa approved? :dance: :dance:

[Yahya54 4]

hello every body

you gays been quite her latlay!!!! whar are gays B)

[EWTN2009 0]

Hi Yahya54. From this end nothing to say. Just waiting, waiting, waiting................ 570 days has passed by and still waiting..........

hello every body

you gays been quite her latlay!!!! whar are gays B)

[Sandrila 1]

hello every body

you gays been quite her latlay!!!! whar are gays B)

gays=guys I guess

here to inquire or just start trouble?

[konjo 0]

OMG ... my case has been touched three times this week 9/15, 9/16 and today 9/17. What are they doing with it??? (I feel like I am going to hyperventilate)

[GhanaMade88 0]

OMG ... my case has been touched three times this week 9/15, 9/16 and today 9/17. What are they doing with it??? (I feel like I am going to hyperventilate)

when did u file?