Vawa application

[rogerVAWA 0]

Hi Musafir and others,

Can you let me know what evidence you sent to show abuse? I'm thinking of sending a VAWA application too. Mine is a case of extreme cruelty, not physical abuse. I only have text messages from my wife to show this. What else can I do?

[Langa 2]

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Thanks Deeplyhurted for your message.

I would like to let you know that my I-360 got approved and now I am scheduled for an interview in 2 weeks for my pending I-485. Could you please share your interview experience. What kind of questions they asked you and what kind of documents you took with you. Also, would you suggest taking a lawyer with me? What do they do with my I-94? My date of birth on my I-94 is incorrect but I filed my I-360 with the correct date of birth. I have my original birth certificate as well. Please advise! thanks in advance!

I had a similar case. I had initially filed with my husband (my application also included my child from a previous relationship) then changed to VAWA after the abuse occured. I went to the initial interview alone with my child and I told them I had filed for VAWA and asked if my child and I would use the pending I-485s and the IO said we would have to file new ones but turned out that they used the same I-485 for both adjustments after my I-360 was approved (my child was included in my approval as derivative child). It is very important to include your child or children as derivative child on your I-360 application inorder to be able to adjust their status under VAWA. In my case my child who was 7 at the time also witnessed the abuse and was able to write her own affidavit detailing in her own words what she saw happening.

Our interview did not last long at all maybe the most 10 minutes. I took all the evidence of the bonafide marriage and abuse i.e. police reports, etc and all other copies of documents I had filed and that includes marriage certificate, birth certificates, etc. All they asked me where same questions on the I-485 form and maybe one or two personal questions and that was it. They did not dwell on the abuse at all maybe because they had all the evidence in the file as I had provided them with extensive evidence. They took my 1-94 at the interview and asked to see our passports.

Well so you know, I did all the paperwork on my own from begining to end but for some reason i was afraid to go alone to the interview and ended up taking a lawyer with me just in case (don't ask me in case of what). I honestly couldn't tell you if the lawyer helped me or not. All I can say is she just sat there and said nothing. I paid her $500 to be with me at the interview. I was approved so it was all bitter sweet. Yes it hurt to pay $500 but after you get your green card you just forget about it. Thank God thats all I paid imagine if she had worked on my case from the beginning, how much I would have had to pay her?? So it is entirely up to you if you want to take a lawyer with you or not. One thing I now know with immigration is that the burden of proof if on you and if you have enough evidence and have not criminal history or other issues you should be fine.

Oh as far as I know all paperwork and that includes Employment authorization for VAWA application is processed at the Vermont center someone can correct me if I'm wrong. I know when i filed initially it was not the case because it was I-130 petition but my card expired before I adjusted my status under VAWA so I had to reapply for the EAD using the Vermont Center and had to attach my 1-360 approval so they could issue me with another Employment Authorization card. You know things change sometimes so its good to do more research and make sure the information i am giving you is correct. The whole process for me started off in 2005 and finally got my GC end of year 2006.

I hope my experience helps anyone else that is filing under VAWA. Good Luck and God Bless.