VAWA

[Honest 0]

Dear Honest,

No, I cannot check my status online still. I called the uscis again and they said that I should wait for a month before they can update my status online.

I don't know, I am just hoping that there is no discrepancy in my case. I would highly appreciate if you could guide me a little bit and share your case with me.

Thanks

Dear Gina,

Wait for a month and keep checking it. After a month take a info pass and check in your local office, if you have time.

If your case filed by an attorney ask them to check it. check with your shelter house and they might gone through this kind of issues with USCIS.

They might have a good experience on USCIS. Generally this kind of mistakes happens very rarely I believe. So many of them might not know. Call USCIS and ask for status if you're not able to wait.

Let me know what you want to know about my case.

Edited September 22, 2009 by Honest

[Honest 0]

Hey guys!

Very helpful advices and information.

My status is: Request for Evidence

Filed I-360 September 2008

I saw they are reviewing cases of June 2008. Can't wait already for any answer.

Dear Diama,

Welcome to the Forum.

check the status by login through your account and see whether they touched your case recently.

Wish you ALL THE BEST to get the approval ASAP.

[Honest 0]

Dear Honest, I mean you can file I-485 petition now but they will not process it right away they will send you NOA, Receipt Number on it and when you check that number in USCIS web site it'll appear "Case Received and Pending" until a visa number available for your Receipt Date. If I was in your shoes I would go ahead and file it because you never know what to expect from USCIS they might process it shorter than you expect it, worst case scenario it'll be pending until a visa number available for you, but at least 2 years later filing fee increase will not effect you, now $1010 we don't know how much it'll be two years later:))

No they will not send you a letter or anything else when the visa number is available. You can follow it from State Department Visa Bulletin Page when you see -U- instead of date means Visa number finished and unavailable for that year and new cycle will start as I said September 1 of each year.

Dear YoungTurk,

Thank you so much for you reply. I was thinking the same and bit hesitate for $1010 but your comment made me strong to apply for I-485. I have to get EAD, then job and save money.Anyhow I can gather the documents in the meantime.

I have couple of questions.

1) Shall I apply for I-131 travel document and If I get it, shall I travel outside usa.

2) If I am not eligible for I-131 travel document, shall I apply for Tourist visa or any other possible visa to travel outside usa, I am thinking of student visa but it will be expensive for paying tution fee,etc.

3) what are the documents we need for applying I-485? any checklist you have in handy.

Edited September 22, 2009 by Honest

[Raduga 6]

Thank you, Honest!

hey Diama

im assuming you havnt got disction yet ?

i file late octouber 2008 and My status is: Request for Evidence

i dont know why but they did got my evidence 2 weeks after they ask for and they never updat my status

i thoght the new web sit for USCIS will give us mor info about our cases

Yeah i didn't get a decision yet.

I sent back RFE in February, they only posted on March 23 rd that they received .

[GhanaMade88 0]

Dear Honest, I mean you can file I-485 petition now but they will not process it right away they will send you NOA, Receipt Number on it and when you check that number in USCIS web site it'll appear "Case Received and Pending" until a visa number available for your Receipt Date. If I was in your shoes I would go ahead and file it because you never know what to expect from USCIS they might process it shorter than you expect it, worst case scenario it'll be pending until a visa number available for you, but at least 2 years later filing fee increase will not effect you, now $1010 we don't know how much it'll be two years later:))

No they will not send you a letter or anything else when the visa number is available. You can follow it from State Department Visa Bulletin Page when you see -U- instead of date means Visa number finished and unavailable for that year and new cycle will start as I said September 1 of each year.

Dear YoungTurk,

Thank you so much for you reply. I was thinking the same and bit hesitate for $1010 but your comment made me strong to apply for I-485. I have to get EAD, then job and save money.Anyhow I can gather the documents in the meantime.

I have couple of questions.

1) Shall I apply for I-131 travel document and If I get it, shall I travel outside usa.

2) If I am not eligible for I-131 travel document, shall I apply for Tourist visa or any other possible visa to travel outside usa, I am thinking of student visa but it will be expensive for paying tution fee,etc.

3) what are the documents we need for applying I-485? any checklist you have in handy.

I have one form of advice: DO NOT LEAVE THE COUNTRTYYYYYYYYYYY

[NArocks 13]

Dear Honest, I mean you can file I-485 petition now but they will not process it right away they will send you NOA, Receipt Number on it and when you check that number in USCIS web site it'll appear "Case Received and Pending" until a visa number available for your Receipt Date. If I was in your shoes I would go ahead and file it because you never know what to expect from USCIS they might process it shorter than you expect it, worst case scenario it'll be pending until a visa number available for you, but at least 2 years later filing fee increase will not effect you, now $1010 we don't know how much it'll be two years later:))

No they will not send you a letter or anything else when the visa number is available. You can follow it from State Department Visa Bulletin Page when you see -U- instead of date means Visa number finished and unavailable for that year and new cycle will start as I said September 1 of each year.

Dear YoungTurk,

Thank you so much for you reply. I was thinking the same and bit hesitate for $1010 but your comment made me strong to apply for I-485. I have to get EAD, then job and save money.Anyhow I can gather the documents in the meantime.

I have couple of questions.

1) Shall I apply for I-131 travel document and If I get it, shall I travel outside usa.

2) If I am not eligible for I-131 travel document, shall I apply for Tourist visa or any other possible visa to travel outside usa, I am thinking of student visa but it will be expensive for paying tution fee,etc.

3) what are the documents we need for applying I-485? any checklist you have in handy.

I have one form of advice: DO NOT LEAVE THE COUNTRTYYYYYYYYYYY

I second that..........

[YoungTurk 1]

Dear Honest, I mean you can file I-485 petition now but they will not process it right away they will send you NOA, Receipt Number on it and when you check that number in USCIS web site it'll appear "Case Received and Pending" until a visa number available for your Receipt Date. If I was in your shoes I would go ahead and file it because you never know what to expect from USCIS they might process it shorter than you expect it, worst case scenario it'll be pending until a visa number available for you, but at least 2 years later filing fee increase will not effect you, now $1010 we don't know how much it'll be two years later:))

No they will not send you a letter or anything else when the visa number is available. You can follow it from State Department Visa Bulletin Page when you see -U- instead of date means Visa number finished and unavailable for that year and new cycle will start as I said September 1 of each year.

Dear YoungTurk,

Thank you so much for you reply. I was thinking the same and bit hesitate for $1010 but your comment made me strong to apply for I-485. I have to get EAD, then job and save money.Anyhow I can gather the documents in the meantime.

I have couple of questions.

1) Shall I apply for I-131 travel document and If I get it, shall I travel outside usa.

2) If I am not eligible for I-131 travel document, shall I apply for Tourist visa or any other possible visa to travel outside usa, I am thinking of student visa but it will be expensive for paying tution fee,etc.

3) what are the documents we need for applying I-485? any checklist you have in handy.

1) Shall I apply for I-131 travel document and If I get it, shall I travel outside USA?

Well Advance Parole is always a risk and none of attorney will tell you " go ahead and leave the country with an advance parole" because it's a risk it's not a US Passport or Green Card. If you wanna take that risk and leave the country then go ahead and apply for it, but again there is no guaranty that they will let you in when you return. But from my perception if you have an Advance Parole in your hand and if you return back to the US before the expiration date on it then I don't think you would have any issue with it. Of course what I've so far said is, if you didn't pass your visa date before you got married, if you've stayed in the US with an expired visa then don't even think about it.

EWTN2009 has said the same thing in the past:

Please get very good advices before you leave. I have heard once you file for AOS you can not leave this country until it gets approved, but if you have an approved I-360 and your current visa and passport are not expired you could request an advance of parole to travel and be able to come back. Otherwise, you can not re-entry into USA even with an approved I-360. Once again, please make sure that you won't have any problem re-entering into this country.

2) If I am not eligible for I-131 travel document, shall I apply for Tourist visa or any other possible visa to travel outside USA, I am thinking of student visa but it will be expensive for paying tuition fee,etc.

I don't know anything about it, sorry:(

3) what are the documents we need for applying I-485? any checklist you have in handy.

I-485

G-325A

I-864W Intending Immigrant's Affidavit of Support Exemption (No Fee)

I-765 ------> option C(9)

Medical Exam --->you need to pay to have this done

you need to send all together with a check $930 plus a biometrics fee of $80; the fee total is $1,010 and You can send your AOS to Chicago.

[Honest 0]

I second that..........

Dear Ghana,NArocks & YoungTurk,

Thank you very much for your replies. I have no option to travel now to visit my parents back home in India.

As EWTN said shall I have a visa instead of Travel Document such as H1-B visa or Tourist Visa or Student visa and then travel.

My family recently lost 2 people and I really want to be with them atleast for couple of weeks. It really hurts me a lot. I been in this country already 3 years and 11 months and If I think about my situation I really felt very bad and its really frustrating you know.

Edited September 22, 2009 by Honest

[Raduga 6]

I lost my job today as was requested to show new work authorization. Old one is expired long time ago.

Does anyone know what benefits can i get while my vawa petition is pending? Does it effect the decision of my vawa (like help from government,unable to support myself) ?

[Honest 0]

I lost my job today as was requested to show new work authorization. Old one is expired long time ago.

Does anyone know what benefits can i get while my vawa petition is pending? Does it effect the decision of my vawa (like help from government,unable to support myself) ?

Dear Diama,

If you married to a US Citizen, you can apply for I-765 Employment Authorization under © (14)

You can contact Department of Economic Security or health deparment for public benefits (to get Medicaid, cash advance, food stamps.)

Upto my knowledge it won't affect on your VAWA decision. Hence you can provide those documents to support your VAWA case.

[Raduga 6]

Dear Diama,

If you married to a US Citizen, you can apply for I-765 Employment Authorization under © (14)

You can contact Department of Economic Security or health deparment for public benefits (to get Medicaid, cash advance, food stamps.)

Upto my knowledge it won't affect on your VAWA decision. Hence you can provide those documents to support your VAWA case.

Thank you for the answer.

I am still married to US Citizen and a week ago filed for divorce.

I don't really understand a lot in this whole process because I had a lawyer but now I can't afford one.

My lawyer just 2 months ago gave me a receipt number. I heard a lot about "deferred action". How can i check if I am put in this action?

I don't want to be annoying but seems that you know a lot, one more question: How can i give evidence of economic necessity? Is it bills in my name?

[Honest 0]

Thank you for the answer.

I am still married to US Citizen and a week ago filed for divorce.

You can apply for a new EAD and fill in question 16 with © (9)on the I-765 Form

I don't really understand a lot in this whole process because I had a lawyer but now I can't afford one.

Did you file your VAWA through an Attorney.

1) If you're then all the paper work regarding your VAWA goes to him.

2) If not you will get all the paperwork. You can extend your prima facie on you own and no need to spend money.

My lawyer just 2 months ago gave me a receipt number. I heard a lot about "deferred action". How can i check if I am put in this action?

I believe you are not in Deferred Action. I am in deferred action after I got the approval notice that I don't need to have any other visa to stay legally in this country as I married to a Green Card holder. You can check with your attorney or call USCIS Customer Service for more information.

I don't want to be annoying but seems that you know a lot, one more question:

How can i give evidence of economic necessity? Is it bills in my name?

Write an letter about your economic necessity such as your rent, utility bill, groceries, phone bill, car payment & insurance, transporation charges if you don't have car, if you have kids you can show the day care expense, laundry expense and start saving all the bills from now on and you can also say that you don't have job right now and show your previous/recent pay slips.

If you need more information call Department of Health / Economic Security.

You have to thank other forum members because I got all the information through them. ex: Gaberila, Ghana, EWTN, YoungTurk, etc

Edited September 23, 2009 by Honest

[Honest 0]

Hanah is the one who gave me the info to check with Department of Health for public benefits.

Gabriela and Ghana gave me the information about Deferred Action © (9) and © (14) for EAD. I-765 you can apply along with I-360 or anytime after you applied for VAWA, if you married to a US Citizen.

EWTN & Young Turk are another very good source of information.

[GhanaMade88 0]

Dear Diama,

If you married to a US Citizen, you can apply for I-765 Employment Authorization under © (14)

You can contact Department of Economic Security or health deparment for public benefits (to get Medicaid, cash advance, food stamps.)

Upto my knowledge it won't affect on your VAWA decision. Hence you can provide those documents to support your VAWA case.

Thank you for the answer.

I am still married to US Citizen and a week ago filed for divorce.

I don't really understand a lot in this whole process because I had a lawyer but now I can't afford one.

My lawyer just 2 months ago gave me a receipt number. I heard a lot about "deferred action". How can i check if I am put in this action?

I don't want to be annoying but seems that you know a lot, one more question: How can i give evidence of economic necessity? Is it bills in my name?

Hi diama!

since u are married to a us citizen, u can file for ur greencard and employment authorization while ur vawa is pending. as long as u have a copy of ur receipt for vawa. it costs $1010.00. u would use code c9 on ur ead if u file concurrently with i485. pls contact me if u have any more questions

[Raduga 6]

Thank you very much for the answers. You guys are very friendly. I called some numbers of government agencies regarding public benefits but frankly nobody could give me any normal info what to start from.

If someone knows what the first step for public benefits, please let me know?