VAWA Questions

[jtwchop 0]

Hello there,

Really appreciate this forum. My fiance is applying for Permanent Residence through VAWA. She submitted request back in May 2008, got a receipt, and a prima facie determination shortly thereafter. Got extensions for the prima facie determination. Her last extension ran through September 2009. So at my urging, she has sent a request to Vermont Service Center asking for another extension. Kind of weird, cause she didn't have to request the other extensions they came automatically.

Anyhow, she had a RFE and produced her evidence and submitted to BCIS in November 2009. Nothing back from BCIS yet. Although, based on the case, and the purpose of VAWA, I think she is an example of why the law was enacted, and I expect approval.

When I met her I had no idea about any of this and certainly didn't understand the process. But, I fell into love with her, and I am very much trying to get a grasp of the process and how I can help her.

We want to get married, and I understand the we cannot until she has her VAWA (I-360) approved because she is presently her on a K1. Can we marry as soon as the VAWA application is approved? Will that expedite the process?

How long after this approval, and at what time, can she get a SSN? I am in the military, and she needs a SSN to be eligible for health benefits. All be it, she can use a temporary Foreign Identification Number (FIN) for six months I don't want that to expire and her to be without insurance. Also, when can she obtain a drivers license? I understand that a work authorization document will follow? How long will this typically take and does it lead to getting a SSN? How long, will it take to get a green card? Also, in her current status, can she fly on an airplane with TSA giving her a problem about her visa being expired? (her only id is her foreign passport)

Would really appreciate some answers. I feel so helpless, and I can't really get much help from the folks at the BCIS because their system is so tough to navigate.

[Bobby+Umit 161]

Hello there,

Really appreciate this forum. My fiance is applying for Permanent Residence through VAWA. She submitted request back in May 2008, got a receipt, and a prima facie determination shortly thereafter. Got extensions for the prima facie determination. Her last extension ran through September 2009. So at my urging, she has sent a request to Vermont Service Center asking for another extension. Kind of weird, cause she didn't have to request the other extensions they came automatically.

Anyhow, she had a RFE and produced her evidence and submitted to BCIS in November 2009. Nothing back from BCIS yet. Although, based on the case, and the purpose of VAWA, I think she is an example of why the law was enacted, and I expect approval.

When I met her I had no idea about any of this and certainly didn't understand the process. But, I fell into love with her, and I am very much trying to get a grasp of the process and how I can help her.

We want to get married, and I understand the we cannot until she has her VAWA (I-360) approved because she is presently her on a K1. Can we marry as soon as the VAWA application is approved? Will that expedite the process?

If she is granted residency on the VAWA - then you can get married. If you get married, as you understand it, before the VAWA is approved, she cannot continue the VAWA.

How long after this approval, and at what time, can she get a SSN?

Once she is approved, she can get employment authorization, which will allow her to get the SSN.

I am in the military, and she needs a SSN to be eligible for health benefits. All be it, she can use a temporary Foreign Identification Number (FIN) for six months I don't want that to expire and her to be without insurance. Also, when can she obtain a drivers license? I understand that a work authorization document will follow? How long will this typically take and does it lead to getting a SSN? How long, will it take to get a green card? Also, in her current status, can she fly on an airplane with TSA giving her a problem about her visa being expired? (her only id is her foreign passport)

She will need to get the VAWA approved first.

Would really appreciate some answers. I feel so helpless, and I can't really get much help from the folks at the BCIS because their system is so tough to navigate.

Read through this.

I would suggest a lawyer to help with this case.

[justashooter 430]

if her latest extension is thru sept 09 you need to do something quick, and find out if she has already missed the boat. see your CO for connection to special services that will advocate for you. they might not because you're not married, but they might on basis of your engagement. something is not right in this situation, and you need to find out how bad things are before committing any more of your emotional or financial capital.

[jtwchop 0]

if her latest extension is thru sept 09 you need to do something quick, and find out if she has already missed the boat. see your CO for connection to special services that will advocate for you. they might not because you're not married, but they might on basis of your engagement. something is not right in this situation, and you need to find out how bad things are before committing any more of your emotional or financial capital.

Thanks for the notes - She has an attorney, whom I don't trust, and whom she engaged long before she knew me, and he submitted a letter a couple of weeks back requesting an extension. His reasoning being, that her current extension has lapsed, and the previous extensions (of 150 days each) came automatically. Hopefully that will generate something.

On another note, does anyone know of insurance policies that are available to folks in this situation?

[Yahya54 4]

she cant married untill she get her vawa approved.....its normal that they give 2nd prima facie in some cases the just send the fierst one and more thing is vawa take forever to approve up to 15 month

[jtwchop 0]

she cant married untill she get her vawa approved.....its normal that they give 2nd prima facie in some cases the just send the fierst one and more thing is vawa take forever to approve up to 15 month

How do you know when your case is "touched"?

Also, do they make a prima facie determination just once or each time that they give you an extension? I guess I don't understand the process for this part...

Edited February 3, 2010 by jtwchop

[Yahya54 4]

'

After you get your Noa1 they will send you somthing in the mail, prima facie I got my about 3 weeks after I mailed it off. When you get that it will give you a reciept number. Go to www.USCIS.gov on the side you will see something that says check my status. you can put that account number in and it will tell you where you are in the system. This will only tell you the basic. If you want to know if it has been touched you need to make an account so when you sign in you will see your account... something like EAC#XXOXOXO/ email updates/ mobile updates/ last updated/ etc.... where it says last updated, if that date has changed since you last looked at it, It has been "touched" updated. Hope this helps.

VSC issu prima faci every 6 month 180days that just keep the case up to dat when the send 2nd prima facie that mean your case is not done yet the importand is the firest one some cases get three or tow prima faci its meann you have case pending with uscis

i hop that help

[jtwchop 0]

'

After you get your Noa1 they will send you somthing in the mail, prima facie I got my about 3 weeks after I mailed it off. When you get that it will give you a reciept number. Go to www.USCIS.gov on the side you will see something that says check my status. you can put that account number in and it will tell you where you are in the system. This will only tell you the basic. If you want to know if it has been touched you need to make an account so when you sign in you will see your account... something like EAC#XXOXOXO/ email updates/ mobile updates/ last updated/ etc.... where it says last updated, if that date has changed since you last looked at it, It has been "touched" updated. Hope this helps.

VSC issu prima faci every 6 month 180days that just keep the case up to dat when the send 2nd prima facie that mean your case is not done yet the importand is the firest one some cases get three or tow prima faci its meann you have case pending with uscis

i hop that help

Thanks everyone...I am very happy to report, that today, we rec'd word from BCIS that there was an update on her case: it has been approved!!

May 2008 to February 2009