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Filed: AOS (pnd) Country: India
Timeline
Posted

Faith keeper to receive prima facie the individual must prove:

Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse's death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.

Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.

Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.

Is required to be a person of good moral character.

Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

Many people did not get prima facie and their cases were approved, others got prima facie and their cases were denied.

This explains that ppl who got prima facie it does not mean vawa will be approved...its initial judgement. it also explains ppl who renewed prima facies more than 4 times or more and at the end , USCIS denies application.. Thanks...

Filed: AOS (pnd) Country: New Zealand
Timeline
Posted

Hi faithkeeper:

I am sooo sorry to hear your story, that is true, US has 50 different states, different states have different privacy laws. In Washington state, people can order their relative's birth certificates from Vitalcheck.com.

I strongly recommand you think vawa from different ways, not just approved or denied, life need continue.

From the third party view, if people have to reapply their vawa, then find better evidences and just do it again. then find new friends and start new life, if you are happy, then your life will be shining, sure you will find new lover and new family. why stay put in Vawa and worried about it everyday? for example, you go to hospital, it is doctor's jobs to cure your disease, but no matter what you need keep happy mind by yourself, that is the point.

In other words, US is not that safety country to live, longtime economic recession and high unemployee rate made some crazy guys get mad. For me, I want to live in Hawaii later on, at least it is safety and peace, also close to Auckland.

One of my friend of mine graduated from UC Berkerley still got laid off from Microsoft company for no reason,just because his salary is too big,Using that money, Microsoft can hire three more engineers with the same experience levels from the third world countries. I think US is on the top of the pyramid, you got to have extrodinary skills to survive, not just with Master or Phd degrees. that is just my five years life experience in Seattle, maybe not right.

Filed: AOS (pnd) Country: New Zealand
Timeline
Posted

Hi my friends:

Donot give up no matter what, I figured out VSC has got too many cases piled up there, they will first give chances for those women with kids, also US government has very limited resource, they donot want to feed too many people who rely on government funding. Another thing is that "immigration reform" is a long journey, which has been mentioned since President Ronald reagan.

In the state, everything will be changed, I saw yahoo news that Mr Jab Bush will run for President in 2016, i am just a normal people, not any party member, since my state senator helped me for my vawa, I think Democratic party is more closing to middle and lower class people like my family. however, last year vawa approved rate is only 68%, which is at the same rate when Geroge Bush was president. Anyway, I hope everyone got their vawa approved and start their happy life in the state.

Our little suffer are not even worth to be mentioned when compared with Jesus's salvation. US is in God we trust, God will bless America and us.

Filed: Other Country: Brazil
Timeline
Posted (edited)

singledad you said "example of WHY would a PF not be issued, and then case approved? well if the alien could not establish good moral character requirement when filing Vawa or did not submit proof of bonafide marriage etc then Vawa Unit does not issue PF, but usually when adjudicating the case they ask proof of good moral character, if not submitted before, or proof of bonafide marriage and if the proof submitted is enough probably they will approve the case.

Edited by sandranj
Filed: AOS (pnd) Country: Philippines
Timeline
Posted

Hi Everyone! hope everybody will get their approvals soon.. I am just happy and blessed that they finally approved me of foodstamps when i ask for a state hearing bec. they denied me 3 times using prima facie it was such a big blessing i hope i wont be a public charge. And also i receive my social security number last week ii could apply now for work but i took an exam first for drive'rs license and god is sgood i pass the exam. So far i am still waiting for my vawa result i still have long way to go i filed Vawa Nov. 2012 i am trying to stay postive everyday as much as possible... I know everything has a reason so please do not give up! may we all continue to inspire and motivate each other, God bless everyone here in the forum esp. sandraj your a God's blessing to us! ?

Posted

Question regarding VAWA appeal. Now I'm filing I-290B appeal regarding I-360 sending all documents supporting that USCIS VSC did not follow law and check for $630 for filing fee. When my I-360 was denied few minutes later my I-485 was denied too. Now I have 33 days to deliver my appeal to VSC, do I have to send appeal on I-485 or not, and what happens when appeal gets approved, do I have to file I-485 all over again or file I-290B at that time (witch will be passed 33 day) or VSC will automatically "reactivate" my I-485 and approve it?

I don't know if I qualify for fee waiver and I don't wanna ask them for one, but adding all this money together is high amount. So far 75% of my life savings and my mothers where gone in attorney's fees and immigration filing fees. So I will rather spend $630 for appeal of I-485 then another $1070 for new application of I-485.

In moral standards they should reopen my I-485 if I prove that they unlawfully denied my I-360

I'm not attorney and this is not legal advice, this is just my personal opinion!

USCIS:

03/26/2008 Approved I-130
04/21/2011 Send I-360, I-765 and I-485 to Vermont Service Center
05/26/2011 Approved EAD
05/31/2011 Request for evidence for I-360
06/24/2011 Biometrics I-485
09/06/2011 Send responds for RFE of I-360
09/12/2011 Prima Facie approval for I-360
01/09/2012 Send E-mails to VSC asking what is going on with my case. (E-mail send to vsc.ncscfollowup@dhs.gov and to SCOPSSCATA@dhs.gov)
01/17/2012 Got responds from VSC email saying that they can't talk about my case over phone or e-mail.
02/26/2012 Approved extension of EAD
02/28/2012 Renewed Prima Facie (second one)
06/28/2012 Send letter to VSC to see what is going on with my case
08/28/2012 Renewed Prima Facie (third one)
09/18/2012 RFE
10/10/2012 Renewed Prima Facie (Fourth one)
10/31/2012 VSC received RFE respond
02/04/2013 Renewed Prima Facie (Sixte one)
04/17/2013 I-360 and I-485 got DENAID!

05/15/2013 Filed I-290B Notice of Appeal from denial of VAWA I-360 - APPEAL WAS DENIED

12/15/2014 Filed for second time I-360, I-485, I-765 and I-131

12/30/2014 RFE for Good Moral Character received

01/08/2015 FBI clairance and respond to RFE sent to VSC

02/12/2015 RFE I-131 asking if I was or I'm in removal proceedings

03/03/2015 Respond for I-131 RFE sent to VSC

04/02/2015 RFE for Bona Fide Marriage, proof of shared residents and request for more evidence regarding Abuse received

04/20/2015 I-765 and I-131 APPROVED.

06/25/2015 Respond to I-360 RFE sent to VSC

07/14/2015 I-360 application APPROVED!!!

ICE

04/29/2011 Went for appointment with ICE officer and got processed
06/01/2011 Turn my passport in and started to report to BI twice a month in BI office, ones a month via phone and once a month they come to my home
01/05/2012 Still don't have court date!
02/02/2012 Terminated removal proceedings.

Posted

One more question (sandranj may be able to answer this)

Can USCIS VSC deny I-360 with our sending first NOID (Notice of Intent to Deny)?

indianguyyyy found this appeal http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2006/JUN012006_20B9204.pdf

THANKS INDIANGUYYYY

In that appeal its say's following:

"We concur with the director's determination that the petitioner failed to establish that she entered into the marriage in good faith. Counsel's claims and the evidence submitted do not 0-vercome this basis for denial and the petition may not be approved. However, the case will be remanded because the director failed to issues a Notice of Intent to Deny (NOID).

The regulation at 8 C.F.R. 204.2©(3)(ii) states, in pertinent part:

Notice of intent to deny. If the preliminary decision on a properly filed self-petition is

adverse to the self-petition, the self-petitioner will be provided with written notice of this

fact and offered an opportunity to present additional information or arguments before a final

decision is rendered.

In this case, the director denied the petition without first issuing a NOID. Consequently, the case must be remanded for issuance of an NOID pursuant to the regulation at 8 C.F.R., 5 204.2©(3)(ii), which will give the petitioner a final opportunity to overcome the deficiencies of his/her case.

The case will be remanded for the purpose of the issuance of a new notice of intent to deny as well as a new final decision to both the petitioner and counsel. The new decision, if adverse to the petitioner, shall be certified to this office for review.

ORDER: The director's decision is withdrawn. The petition is remanded to the director for further action in accordance with this decision."

I'm not attorney and this is not legal advice, this is just my personal opinion!

USCIS:

03/26/2008 Approved I-130
04/21/2011 Send I-360, I-765 and I-485 to Vermont Service Center
05/26/2011 Approved EAD
05/31/2011 Request for evidence for I-360
06/24/2011 Biometrics I-485
09/06/2011 Send responds for RFE of I-360
09/12/2011 Prima Facie approval for I-360
01/09/2012 Send E-mails to VSC asking what is going on with my case. (E-mail send to vsc.ncscfollowup@dhs.gov and to SCOPSSCATA@dhs.gov)
01/17/2012 Got responds from VSC email saying that they can't talk about my case over phone or e-mail.
02/26/2012 Approved extension of EAD
02/28/2012 Renewed Prima Facie (second one)
06/28/2012 Send letter to VSC to see what is going on with my case
08/28/2012 Renewed Prima Facie (third one)
09/18/2012 RFE
10/10/2012 Renewed Prima Facie (Fourth one)
10/31/2012 VSC received RFE respond
02/04/2013 Renewed Prima Facie (Sixte one)
04/17/2013 I-360 and I-485 got DENAID!

05/15/2013 Filed I-290B Notice of Appeal from denial of VAWA I-360 - APPEAL WAS DENIED

12/15/2014 Filed for second time I-360, I-485, I-765 and I-131

12/30/2014 RFE for Good Moral Character received

01/08/2015 FBI clairance and respond to RFE sent to VSC

02/12/2015 RFE I-131 asking if I was or I'm in removal proceedings

03/03/2015 Respond for I-131 RFE sent to VSC

04/02/2015 RFE for Bona Fide Marriage, proof of shared residents and request for more evidence regarding Abuse received

04/20/2015 I-765 and I-131 APPROVED.

06/25/2015 Respond to I-360 RFE sent to VSC

07/14/2015 I-360 application APPROVED!!!

ICE

04/29/2011 Went for appointment with ICE officer and got processed
06/01/2011 Turn my passport in and started to report to BI twice a month in BI office, ones a month via phone and once a month they come to my home
01/05/2012 Still don't have court date!
02/02/2012 Terminated removal proceedings.

Posted

Faith keeper to receive prima facie the individual must prove:

Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse's death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.

Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.

Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.

Is required to be a person of good moral character.

Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

Many people did not get prima facie and their cases were approved, others got prima facie and their cases were denied.

Thanks Sandra wasnt sure if it determines the fate of the case or not!

Filed: Timeline
Posted

Nice; first stay on top, and file complaint at the same f.h.office if they're too slow comply with Judge's decision; then be ready when they finally credit your card retroactively - and you can't possibly eat it all...madness. btw, how did u get SSN?

Hi Everyone! hope everybody will get their approvals soon.. I am just happy and blessed that they finally approved me of foodstamps when i ask for a state hearing bec. they denied me 3 times using prima facie it was such a big blessing i hope i wont be a public charge. And also i receive my social security number last week ii could apply now for work but i took an exam first for drive'rs license and god is sgood i pass the exam. So far i am still waiting for my vawa result i still have long way to go i filed Vawa Nov. 2012 i am trying to stay postive everyday as much as possible... I know everything has a reason so please do not give up! may we all continue to inspire and motivate each other, God bless everyone here in the forum esp. sandraj your a God's blessing to us!

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

Nice; first stay on top, and file complaint at the same f.h.office if they're too slow comply with Judge's decision; then be ready when they finally credit your card retroactively - and you can't possibly eat it all...madness. btw, how did u get SSN?

.

I applied at social security office i showed my ead. I was ask to wait for 4-6 weeks to verify the document i gave them from uscis which is my ead but after 2 weeks they already send my SSN. I remeber there is also one person here in the forum who was also ask to wait 4-6 weeks until they verify the document she also got her ssn within 2 weeks.

Filed: Timeline
Posted

OMG OMG OMG I JUST GOT AN EMAIL SAYING MY i360 is APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I am shaking lol

04/24/2012 - VAWA I-360 Received by VSC

05/02/2012 - Receipt Notice Issued (received in hand on 5/08/2012)

05/03/2012 - 180-day Notice of Prima Facie Issued(received in hand on 5/08/2012)

10/02/2012 - Mailed request for renewal of Prima Facie

10/18/2012 - Received renewed 180-day notice of Prima Facie

10/26/2012 - Filed i-485 and i-765 for EAD with request to join them to my pending i-360

10/31/2012 - Receipt Notices Issued for i-485 and i-765, fees waived (received in hand on 11/05/2012)

11/02/2012 - Appointment notice issued for i-485 biometrics appointment on 11/27/2012

11/08/2012 - Biometrics notice received and returned with a request to reschedule.

11/15/2012 - i-765 Approved / Notice Mailed / Card Production Ordered

11/19/2012 - EAD Card Mailed / Approval Notice Paper Copy Received

11/23/2012 - EAD Card DELIVERED!11/30/2012 - SSN applied for - card received 7 days later!

12/14/2012 - Biometrics done (walked in a few days before my appointment, was a great experience!)

04/05/2013 - Third Prima Facie Received valid for 60 days

04/11/2013 - Sent additional evidence that was unavailable at time of filing, received by VSC on 4/15/2013.

04/18/2013 - Touched (acknowledgment of correspondence received by USCIS)

04/26/2013 - I360 APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

05/02/2013 - Received in mail approval notice (dated 4/24/2013 - a year to the day that i filed!) and notice of deferred action.

06/24/2013 - i-485 Transferred to NBC "to speed up processing"

07/03/2013 - RFE for medical

10/10/2013 - RFE response mailed, a few days late - praying that its still accepted!

10/17/2013 - Case updated to show 'RFE Response Review'... waiting on an interview date now i think!<p>

04/16/2014 - GC INTERVIEW!!!!! Felt it did not go well

05/02/2014 - green card approved!

(I am filing by myself without the help of an attorney)

 
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