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Shelsea Newbie

Shelsea   0

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Filed: AOS (pnd) Country: Brazil
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Hi everybody!

I am new here so I am not sure I am posting this right...

I am wondering if any of you guys can help me. I applied for VAWA, got prima facie and since I am the self-petitioning spouse of an US citizen, I also filed for I-485 and I-765 (a few months after I had filed I-360). Both the I-485 and I-765 were returned to me by the BCIS with a notation saying: "your application is based on an immigrant classification for which an immigrant visa is not immediately available". Did the BCIS make a mistake and did not see my category on my VAWA prima facie or has anything changed and one cannot file I-485 with I-360 anymore?

Any advice will be appreciated!

Happy holidays!!! :dancing:

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indian guy Explorer

indian guy   13

Posted
Filed: AOS (apr) Country: India
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no. USCIS is right, you filed WAVA only and when its pending then you filed I 485package. it would have been accepted if you would have filed concurrently. Visa will not be available unless WAVA is approved. The reason , WAVA has more catagories then Spousal abuse. ( religious worker, Doctor etc). not everyone's priority date are current, therefore once your FIled will be processed and then only they will accept your 485 package.

May 26th, 2009 : WAVA filed.

June 1st, 2009 : RFE issued Good moral: replied june 15th 2009

July,17 2009 : Prima facie approvel received.renewed again march 3, 2010

February 2, 2010 :I-765 filed, : denied

August 12,2010 :RFE issued on WAVA, more evidence needed.

sept 3rd 2010 : I-765 filed again. 9/15/2010:Filing receipt received.

Sept 15,2010 : REF answered with all evidences.9/17/2010:RFE recvd by USCIS.

Sept 19, 2010 : I 765 approved.

Sept 19,2010 : I360 touched. status changed to RFE Under review.

sept 20th 2010 : I 765 card production ordered, No Biometric, no picture etc.

sept 21 2010 : I 765 touched, still card in production.

Sept 22,2010 : I-765 touched, Card in production.

Sept 23, 2010 : I765, touched, Approval letter mailed. Card approved (???)

Sept 24,2010 : I 765 touched again. No change???

Sept 27, 2010 : EAD received.

october 3, 2010 : old expired EAD from last year touched (#######?)

October 5, 2010 : I 360 touched.

October 12,2010 : I 360 touched. Acceptance letter issued.???

Oct 13, 2010 : court date with IJ. I,m my own lawyer.

oct 13, 2010 : I 360 touched.

oct 14th2010 : I 360 touched

oct 15 2010 : I 360 touched.

OCt 20,1020 : I 360 approved.letter received.

oct 25 2010 : I 360 touched.

april 20 2011 : court date. I,m my own lawyer.I expedited my date: filed I 485, new date January 9th 2011, case terminated.

may 9th 2011 : I 485 interview.

MAy 25th 2011 : Card production ordered.

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Shelsea Newbie

Shelsea   0

Posted
Filed: AOS (pnd) Country: Brazil
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That's what I thought but then I spoke to an attorney who told me it was actually a mistake made by the BCIS and not filing concurrently does not take my right away to an immediate visa....so confusing!!!

Thanks for the reply!!

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