Vawa part3

[anajnic 87]

Dont worry, theres nothing to really worry about.Let God BE IN THE MIDST AND DO HIS THING. You will be fine

[needhope 0]

thanks Sandra

this is very helpful!

I looked at the i-175 form and it seems the requirements for affidavits from friends etc are a bit different from i-360 . Is it more important to have a letter from a friend about bonafide marriage or about abuse? I have one friend that is willing to write, and she witnessed both, so what should she write about? can she write about both in one letter?

and I still dont know how to get the police report from home country right now and need more time for that, and am wondering if I can send what I have now and wait for RFE for that? or would they deny if it is not included? (I assume they will ask for RFE?)

[bambi5 2]

Thank you Anajnic for the quick reply. You really made me feel better.

[needhope 0]

Hi Sandra

I just saw your post for me about the divorce....unfortunately I will not be able to file based on divorce since the divorce is not final yet, and my Conditional GC expires in August. I do not have police report and restraining order against husband, this was emotional abuse. I only have the therapist letter

[howtosurvive 43]

I see USCIS wed site says 13 months is anyone application approved in this time frame? I hope I could be approve before the end of the year that would be 10 months. Let's keep praying.

At work sitting on the clock (no much work to get done)

[howtosurvive 43]

Any approval this week?

[Fruba 0]

Hello everyone! Im new to this forum and I've read MANY of the posts concerning VAWA and Derivative children. You all seem to caring and sweet. Im hoping someone can help me with my problem.

My mom received her I-360 Approval and was granted Deferred Action on 12-17-2012. (she received her work permit last month after I filed the I-765 on her behalf)

I was included as a derivative child in her petition. However I did not receive the I-360 approval or deferred action in MY NAME. (my lawyer wanted to charge $2,000 to obtain the approval with my name) I was advised that this was a relatively simple process and could just request in writing to the Vermont Service Center my approval. I've already mailed out one letter in FEB2013 and another in APRIL2013. So far, I've gotten no response.

Here's the thing, I contacted my previous lawyer and she did me the favor of mailing a request to see if the Vermont Center had anything pending for me. The Vermont Center confirmed that I am a derivative child BUT they don't show anything pending for me.

How do I obtain the I-360 as a derivative child with my name on the document? Does anyone else have/has this problem?

[howtosurvive 43]

Fruba I would believe as a beneficiary you will get the GC hence if you file i765 and i485 and send a copy of your mothers i360 you will get your ead and eventually your green card. Your mom is the one that self petition so it comes in her name. You should send in your i485 now because you need to attend the interview with your mom. Send in the copy of ur mom i360 with your package. USCIS has you info from the vawa petition.

[Sandra G. 5,057]

Bambi5 I never heard any lawyer asking to rescind an RFE. If I get an RFE to ask something that I already submitted I just submit all over again articulating how and why information already submitted is sufficient or persuasive ,but not asking to rescind an RFE issued. USCIS memorandum states " Request for evidence is made when an application/petition is lacking required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant's eligibility for the benefit sought".I heard cases that Uscis rescidend and RFE issued,because they made a mistake issuing the RFE and they were no longer requesting additional evidence.Good luck.

[Sandra G. 5,057]

needhope you can file form I-751 waiver based in extreme cruelty and divorce, if they do not ask the divorce decree it means they area adjudicating with base in extreme cruelty,if they ask the divorce decree they are considering just bonafide marriage.File form I-751 before expiration of your green card and when your divorce is finalized submit to Vawa Unit a copy od the divorce decree.You can submit form I-751 20/25 days days before expiration date of your green card, it means you have ahead at least 2 months,I believe you will be able to get the police clearance in 2 months.

Edited June 1, 2013 by sandranj

[Sandra G. 5,057]

Fruba are you under 21 years old? if yes then you qualify to file for adjustment of status on the basis of being the beneficiary of an approved Vawa petition for classification as a "derivative beneficiary".You will not receive a separate Vawa approval letter,your mom listed your name when filing out form I-360.

Edited June 1, 2013 by sandranj

[howtosurvive 43]

Grrrrr. I'm still up! Idk y my phone keep using hence instead of once. Lol this phone is smarter than itself! Too smart!!!

[howtosurvive 43]

This forum is too quiet

[Fruba 0]

@ howtosurvive and sandranj

Thank you for your quick response. When my mom filed her self petition I was under 21. This monday however I turn 23.

The I-360 approval is in my mothers name only and doesn't mention me, however the Vermont Service Center acknowledges that I am derivative child and I am included.

Do i need the I-360 in my name? and if so... How do I obtain it?

[needhope 0]

needhope you can file form I-751 waiver based in extreme cruelty and divorce, if they do not ask the divorce decree it means they area adjudicating with base in extreme cruelty,if they ask the divorce decree they are considering just bonafide marriage.File form I-751 before expiration of your green card and when your divorce is finalized submit to Vawa Unit a copy od the divorce decree.You can submit form I-751 20/25 days days before expiration date of your green card, it means you have ahead at least 2 months,I believe you will be able to get the police clearance in 2 months.

thank you sandra