Vawa part3

[gizq 2]

Gizq I was in a similar situation, but I didn't wait as long as you. My case was transferred in November or so, and my lawyer only just got the notice for interview. I didn't get an email or text message like when my I-360 was approved. I also didn't get a notice for biometrics so I was a bit confused. However I read on the USCIS website that there's a new policy where people with interviews get their fingerprints taken at the interview location also. So I guess I'll wait and see.

Since it's been so long it shold be about time to renew your EAD. Have you sent the form & attachments to VSC for renewal? That might be one way to get them back on your case.

Hello Believe, by miracle my case was transfer today... You right looks like after i sent my I765 to renew they finally take same consideration...

The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Do you know how long takes now?

[Hypnos 6,576]

Assuming they have transferred it your local office then you will probably receive an interview appointment within a couple of months, depending on the current workload of the office itself.

Edited May 14, 2013 by Hypnos

[aidy1 0]

Just wanted to post my timeline in this new thread if it helps somebody.

wow, this is suprising cos I have filed for vawa since September 2012 and got the 180days prima facie, I also had to apply for an extension cos it was going to expire and I still didn't hear from uscis. still waiting for them, my case status still says 'initial review'. you said you filed for I-485(green card) and I-765 EAD and requested for them to be joined to your pending I-360? really? even when your vawa had not been APPROVED? cos my attorney said I cant file for those two until my vawa gets approved, and that sucks cos its been hell living without a job for so many months now with bill coming in everymonth. and am so worried that even after im approved and I apply for I-485 and 765, it will still take like two or 3 months for the EAD to be approved, I don't think I can survive that long without a job

please if it's really possible to file for I-485 and I-765 while my vawa is still pending approval, let me know so I can take this up with my attorney.

thank you so much

[lank 16]

wow, this is suprising cos I have filed for vawa since September 2012 and got the 180days prima facie, I also had to apply for an extension cos it was going to expire and I still didn't hear from uscis. still waiting for them, my case status still says 'initial review'. you said you filed for I-485(green card) and I-765 EAD and requested for them to be joined to your pending I-360? really? even when your vawa had not been APPROVED? cos my attorney said I cant file for those two until my vawa gets approved, and that sucks cos its been hell living without a job for so many months now with bill coming in everymonth. and am so worried that even after im approved and I apply for I-485 and 765, it will still take like two or 3 months for the EAD to be approved, I don't think I can survive that long without a job

please if it's really possible to file for I-485 and I-765 while my vawa is still pending approval, let me know so I can take this up with my attorney.

thank you so much

aidy1 If you're married to us citizen you can file I-485 and I-765 while your I-360 is pending, otherwise if married to LPR you have to wait until I-360 gets approved.

[aidy1 0]

aidy1 If you're married to us citizen you can file I-485 and I-765 while your I-360 is pending, otherwise if married to LPR you have to wait until I-360 gets approved.

thanks for the reply lank, I was married to an abusive US citizen and that's why I filed vawa cos he even refused to continue with the i485, saying it will give me freedom and he didn't want that. so it was denied cos he refused to follow me to the interview, crazy long story, the EAD I got from the filing with him expired last year sept and when I filed for vawa and got the prima facie receipt my attorney said I cant apply for a renewal of the old EAD or I485 until my vawa is approved. so I lost my job last year cos my EAD expired.

right now my question Is, I got an extension for another 180days for the prima facie so can I file for EAD and i485 now that my vawa approval is still pending or is my attorney right?

thank you

[lank 16]

thanks for the reply lank, I was married to an abusive US citizen and that's why I filed vawa cos he even refused to continue with the i485, saying it will give me freedom and he didn't want that. so it was denied cos he refused to follow me to the interview, crazy long story, the EAD I got from the filing with him expired last year sept and when I filed for vawa and got the prima facie receipt my attorney said I cant apply for a renewal of the old EAD or I485 until my vawa is approved. so I lost my job last year cos my EAD expired.

right now my question Is, I got an extension for another 180days for the prima facie so can I file for EAD and i485 now that my vawa approval is still pending or is my attorney right?

thank you

Yes, you can file I-485 and EAD while your I-360 is pending. I know that some lawyers advise not to do it because if your vawa gets denied you will be in removal proceedings. But I know a lot of people do file for adjustment of status and employment authorization while their vawa is pending. It is totally up to, if you think your case is strong enough, you can file I-485 and I-765.

[howtosurvive 43]

If ur not in removal u can file for ead and aos concurrently while ur i360 is pending. U can ask for fee waiver if you can't afford to pay.

[aidy1 0]

Yes, you can file I-485 and EAD while your I-360 is pending. I know that some lawyers advise not to do it because if your vawa gets denied you will be in removal proceedings. But I know a lot of people do file for adjustment of status and employment authorization while their vawa is pending. It is totally up to, if you think your case is strong enough, you can file I-485 and I-765.

thanks again lank, thing is, I don't know how to conclude if my case is strong enough or not but I know I gave my attorney everything she requested for. so just to be on the safe side, I guess I will just wait for the approval and then file for both but probably request for EAD to be expedited. hopefully it will work out well cos the long wait is killing me.

[believe 46]

Believe, would you mind if i ask how long did you wait since you got approval notice in mail to the AOS interview notice? I just got an email saying my VAWA is approved in email couple days ago and still waiting for the official approval in mail, how long did it take you to receive the actually approval in mail since you first notified by email/text?

Apple2013 my I360 was approved in October last year, so it's been about 7 months. My lawyer got the notice in the mail about a week after that.

[believe 46]

Hello Believe, by miracle my case was transfer today... You right looks like after i sent my I765 to renew they finally take same consideration...

The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Do you know how long takes now?

That's great. Like Hypnos said it could take a few months (4 - 6 months) depending on how busy your local office is.

[Apple2013 2]

thanks again lank, thing is, I don't know how to conclude if my case is strong enough or not but I know I gave my attorney everything she requested for. so just to be on the safe side, I guess I will just wait for the approval and then file for both but probably request for EAD to be expedited. hopefully it will work out well cos the long wait is killing me.

If you already filed I-485 when you were with your husband and had an EAD, you only need to file a EAD renewal now (my lawyer used code 9 I believe). I don't think you need to file another I-485. After you have your VAWA approved, your pending I-485 will continue processing.

[aidy1 0]

If you already filed I-485 when you were with your husband and had an EAD, you only need to file a EAD renewal now (my lawyer used code 9 I believe). I don't think you need to file another I-485. After you have your VAWA approved, your pending I-485 will continue processing.

Hey thanks for your reply apple2013, yes I filed for I-485 with my 'husband' and even paid the fees but like I mentioned before, It was denied cos he kept hiding all the letters uscis sent to me and even refused to follow me to the interview so it was denied cos of 'no show' for the interview. it still hurts. I told my attorney about the renewal of my old EAD but she said the chances of approval is very slim infact she was almost certain it was gonna be denied cos the EAD was based on the old filing, so I lost my great job I loved so much.. so she said the best bet is to wait for vawa approval before filing for both EAD and I-485. I heard vawa takes 5months at most but mine has been 8months. I just hope they change the standard and let applicants have access to EAD so they can atleast work and pay their bills while waiting for them(uscis) to do their processing

[Sandra G. 5,047]

aidy1 your lawyer is bad my dear, he/her doesn't know the basics things about immigration Law such as that the alien is allowed to submit I-360 along with I-485 and I-765. You can submit I-485 and I-765 and get your work permit and you do not need to have your vawa approved for that.

Edited May 15, 2013 by sandranj

[Sandra G. 5,047]

ayid1 you filed I-485 in the past then you just need to file form I-765 to get EAD you don't have to file I-485 again ok. Vawa takes between 12/17months to be adjudicated, despite we have people here waiting 17/20months. .Do not expect any decision before December, because let's imagine they approve in September/October you have to wait at least 3 more months to attend the AOS interview, then you have at least 7/8months ahead,if you are damn lucky.The Law allows any individual to work with pending I-485 and I-765.It's a shame that your lawyer doesn't know the Law.

Edited May 15, 2013 by sandranj

[Czzr 13]

Sandra check your email please