Vawa part3

[Sandra G. 5,047]

Irara you can file I-485 and I-765 without having your vawa approved.If your spouse is an US Citizen then you use in the form I-765 category for employment C9,after approved you can use category C14 or C31 it will depend if they will approve deferred action or not.Tell your lawyer to send your I-485 and I-765 to Vermont with copy showing he filed I-360.I posted last week A Uscis memorandum about that,just go back a few days in this thread try to find the memorandum and give to your lawyer os ask to "blessme" to give you a copy that i posted here,she gave to her lawyer.

[Kittykitty1234 2]

Thank you much . I will do that.

Thank you !!!!!!

[missymd 5]

I was expecting my RFE this week which was sent on jan 31 according to my case status,but today l checked today my status say my RFE was sent yesterday feb 5,am just confused and anxious to know what they want.

[Sandra G. 5,047]

IRARA copy and paste this part of USCIs memorandum and send to your Lawyer, it explains very well regarding filing I-765 along with I-485 before Vawa approval.Do not give him just the link, copy and paste as well.He may understand you need to have a pending I-485 in order to file I-765 then explain you can submit right now I-485 and I-765 and of course your I-485 will be "pending" adjudication until decision of your Vawa.

"Filing Requirements. All VAWA self-petitioners desiring an+

EAD must file

Form I-765, Application for Employment Authorization, with the Vermont Service

Center (VSC). Self-petitioners requesting an EAD under 8 Code of Federal

Regulations (8 CFR) 274a.12©(9) because of an already pending Form I-485,

Application to Register Permanent Residence or Adjust Status, may concurrently file

the Form I-765 along with the Form I-360, Petition for Amerasian, Widow(er), or

Special Immigrant (VAWA self-petition) with the VSC. Additionally, eligible selfpetitioners

(i.e. immediate relatives or self-petitioners with an immigrant visa

currently available) may request an EAD under 8 CFR 274a.12©(9) by concurrently

filing the Form I-765 along with the Form I-485 and Form I-360."

http://www.uscis.gov/USCIS/Outreach/Feedback%20Opportunities/Draft%20Memorandum%20for%20Comment/VAWA-Authorized-EADs-PM.pdf

Edited February 6, 2013 by sandranj

[Kittykitty1234 2]

Sandranj,

I sent email to my lawyer and try calling him to ask if he found out about I765, but no answer.

I just sent another email with what you just posted for me.

Thank you for your help,

I will update my status soon.

Bless you all

[Kittykitty1234 2]

My lawyer just emailed me this..

Dear Ms. @@@:

I believe we can file I-485 and I-765 concurrently with I-360. I will prepare the applications. Just send me the information for;

-last 5 years of address and period

-last 5 years of employer, address, period

-your family register, showing your birth

Thank you.

I regret hiring this lawyer .......

[Sandra G. 5,047]

Irara if you can't afford to pay the Uscis fees tell him to submit form I-912 and then you don't have to pay the Uscis fees ok. Specify how much you are spending with rent,food,basic needs,transportation etc.He must submit forms I-485,I-765,I-912 and G325-A,I-864W, Waiver of Affidavit of Support.(used for vawa filers). The medical exam I-693 is valid just for 1 year. Vawa unit is taking 15/18months to adjudicate vawa case, you have the option not to submit form I-693 right now and then you will get an RFE later on to send them the medical exam or you can submit right now with all forms.Your lawyer never submitted form I-485 along with form I-765 for Vawa filers, then email him with capital letter saying:

"Mrs xxxxx PLEASE SUBMIT MY FORM I-485 ALONG WITH FORMS I-765,I-912 and G325-A and I-864W TO VERMONT CENTER. PLEASE DO NOT FORGET TO WRITE DOWN IN THE UPPER RIGHT SIDE OF THE ENVELOPE "VAWA UNIT" AND SUBMIT COPY OF MY PRIMA FACIE AS WELL, BECAUSE I OBTAINED INFORMATIONS THAT THE USCIS ADJUDICATORS IN VERMONT MUST SEE THAT THE I-485 IS CONNECTED WITH MY FORM I-360 IN ORDER TO ACCEPT AND ADJUDICATE MY PETITIONS THERE". I am submitting copy of my marriage certificate, copy of my birth certificate and respective translation, copy of previous divorce,copy of my children birth certificate, copy of my passport, 2 pictures style passport, proof of bonafide marriage(joint bank account, joint tax return, rental lease, car insurance, utilities bills, bills in name of both, pictures of my husband and I together, copy of my husband birth certificate. I will submit form I-693(medical exam)later on once the medical exam is valid just for one year and Vawa Unit is taking 15/18 months to adjudicate form I-360".

Form I-765 Section 6 line 3 write down please :

"I am facing economic hardship. I can't afford to pay any of my bills right now. I don't have a work authorization and consequently I can't work . I found myself in a situation where I have to pay for rent, food, utilities, clothing, basic needs etc, and I don't have any revenue or assets and no family in this country to help me.I have two children and I have to work to provide for myself and for my children".

I am spending with rent $xxxxxxx

food $xxxxxxx,

utilities $xxxxxxx

commuting cost $ xxxxxxx

children basic needs $xxxxxx

cell phone $ xxxxxxxx

Irara if you didn't have your name on the lease try to get a letter from the landlord stating you lived there from xxx to xxxxx.He just needs to submit I-765,I-485,I-912, I-864W and G325A and supporting documents.

Edited February 7, 2013 by sandranj

[Kittykitty1234 2]

I asked him to apply for fee waiver when i first consulted with him and he refused to apply it for me because he said its's too much work to get it.

Do i have submit all the things that you listed (birth certificate, proof of bonafide etc.which most of them i already sent with I-360) again when i file i485& I765?

I dont have my husband's birth certificate because his mom divorced with his biological father when he was 1yr old and he never seen him or doesnt even know his name.

I rushed to move out of the apartment that my husband and i lived together so i was not able to collect any evidence or information that i might need, at the time i didnt know anything about VAWA..

[Sandra G. 5,047]

Irara if you didn't collect any evidence of your relationship then probably your Vawa case will be denied, you MUST proof bonafide marriage and domestic violence, just proving violence is not enough, and they don't approve vawa cases without evidences of bonafide marriage and you prove that with commingling finances and commune residence. It doesn't matter you submitted everything to your Vawa case, you need to submit supporting documents to every single petition that you submit to UScis. You should find a lawyer willing to help you, because to say that he won't submit I-912 because is to much work for me he is not even a descent lawyer,just saying.

[Kittykitty1234 2]

Only thing i have with him was a joint account. Apt was on only my name because he had bad criminal records, we didnt have car insurance together because he didnt have a car or DL from 3DWIs we never filed taxes because he never worked... Most of utilities were under my stepfather's name because he had bad credit.. I only had few pictures with him which i sent all witn I-360...

Well... I dont know. I will do my best for myself.. What can i do..

[Bless_me 1]

Only thing i have with him was a joint account. Apt was on only my name because he had bad criminal records, we didnt have car insurance together because he didnt have a car or DL from 3DWIs we never filed taxes because he never worked... Most of utilities were under my stepfather's name because he had bad credit.. I only had few pictures with him which i sent all witn I-360...

Well... I dont know. I will do my best for myself.. What can i do..

irara, i think were the same i dont have enough proof of joint resisdence since i was only married for 4 months he filed divorce when he got out of jail i dont have utility bills because we live in his parents house and we dont file tax since i dont have ssn i cant work i am so worried..

[Bless_me 1]

sandraj, i dont have commingling finances and commune residence i only have restraining order adress of him matches my copy of noa for my biometric adress since he filed for divorce after he got out of jail were only married for 4 months.. im feeling hopeless now...

[Bless_me 1]

Irara this is the link for i-765 that sandraj gave to me

tell your lawyer to use category c9!!

http://www.immigrantjustice.org/sites/immigrantjustice.org/files/VAWA%20Frequently%20Asked%20Questions%202010%2011.pdf

Irara you can file I-485 and I-765 without having your vawa approved.If your spouse is an US Citizen then you use in the form I-765 category for employment C9,after approved you can use category C14 or C31 it will depend if they will approve deferred action or not.Tell your lawyer to send your I-485 and I-765 to Vermont with copy showing he filed I-360.I posted last week A Uscis memorandum about that,just go back a few days in this thread try to find the memorandum and give to your lawyer os ask to "blessme" to give you a copy that i posted here,she gave to her lawyer.

irara this is the link

http://www.immigrantjustice.org/sites/immigrantjustice.org/files/VAWA%20Frequently%20Asked%20Questions%202010%2011.pdf

Irara you can file I-485 and I-765 without having your vawa approved.If your spouse is an US Citizen then you use in the form I-765 category for employment C9,after approved you can use category C14 or C31 it will depend if they will approve deferred action or not.Tell your lawyer to send your I-485 and I-765 to Vermont with copy showing he filed I-360.I posted last week A Uscis memorandum about that,just go back a few days in this thread try to find the memorandum and give to your lawyer os ask to "blessme" to give you a copy that i posted here,she gave to her lawyer.

irara this is the link

http://www.immigrantjustice.org/sites/immigrantjustice.org/files/VAWA%20Frequently%20Asked%20Questions%202010%2011.pdf

[Kittykitty1234 2]

Thank you blessme. I have been married to him for about a year, lived with him 18months ( he moved into my apt 6months before the marriage.) he went jail a couple times while he was with me Cuz of DWI but he's lucky that didnt charge for possession of drugs.. My case is for metal abuse not so much of physical. He has been selling drugs at the apartment that we lived together. He did drugs and on drugs all the time. And when i tell him stop doing stuff like that causes the abusive reaction of him. Cussing at me, threaten me that he will call immigration and kill my dog, etc..

But i have not file divorce yet.

I have evaluation from a domestic violence counselor and also attended counseling for 3months.

I have letters from him from jail stating that he's sorry how he treated me and wants us to be together agin

And several affidavits from people witnessed he came to my work and threatened me that he will call the cops on me. And few of my friend and his friend stating about his drug habits.

No police report. One time a police came but they didnt do anything and just let hime leave the scene. So no physical case number.

His family later on threaten me that they will sue me for fraud marriage which doesnt make sense at all. We dated 2 years and lived together almost 2years. He refused to help me getting greencard because he said he doesnt trust me.

I had no problem staying here with F-1 visa when i was dating him and he proposed me because he wanted to support me and love me. He Ruined my life...

Ahhhh this whole process stresses me out a lot.

I iust wanna give up and go back to my home country.

[Bless_me 1]

he ruined my life too! I came here in a tourist visa i was granted twice of a 10 years tourist visa since i was 14 years old ive been visiting my relatives here in The US then 2009 after i graduated from college i came back here in US again have a vacation this time i met my husband we dated for 2 years and a half before got married then i went back home because i dont want to over stay my visa he visited me in mu country 2010 and then i visited him 2011 he said he was having a hard time being in a long distance relationship so he propose to me this year 2012 then got married june and after that he filed for my GC when i told him that i need to go home bec. i dont want to overstay my visa so i stayed with him he became controlling hurt me mentaly, physically then he was arrested after 3 months of marriage because of dometic violence we were supppse to have an interview together but he filed for divorce after he got out of jail and withrew the petition leaving me OUT OF STATUS! i am so depressed!!! until now im in a state of disbelief its so fast how he ruined my life i love him until now i cant move on! eventhough he hurt me so much!