Pending VAWA CASE

[yeth 0]

Hi good day everyone!

I NEED HELP!I have a VAWA pending application here in California just today i recieved the result of my renewal travel advance parole & Work permit. I got this combo document when i was with my abusive husband. the reason why it was denied because I didn't file an I-485 which is supposedly filed concurrently to my I-360 VAWA because i dont know i just filed it by myself. They sent me a form Notice of Appeal Motion. Since I am no longer working because of my expired work permit and i dont want to work as an illegal worker. I booked a flight one month ago and the date of my travel going back to my country is tomorrow. My problem is I have to go back to my country to get some cash from bank (time deposit account)because i don't have enough money in my pocket. I dont have family neither relatives here in CA. I gained friends but I dont want to ask financial support from them. So, I really don't have choice I am scared without having enough money to spend for the coming days if my stay here in CA will take longer to wait the result of my status.

My questions are:

1. Is it possible to wait the result of my VAWA I-360 in my country? Since I read in the forum here-- that she filed her self petition under VAWA when she's outside USA. So, is it possible in my case that I will wait the result when I am already outside US? I have a P.O Box address here in California that I used for my VAWA application and a friend of mine will check it twice a week.

2. If it is possible-- can I bring the result to the consulate or to the US embassy of my country Philippines?

3. How to do this? Please anybody help me.

4. What step to do to go back to California?

5. In the Notice of Appeal for Motion they only giving me 30days. Do I have to appeal it since I-485 is only applicable if I am inside US?

P.S

I got my prima facie case for 180 days and was expired last October 2012 i forgot to file an extension of it since i was really busy working that time and i overlooked it.

[Sandra G. 5,064]

yeth you said "the reason why it was denied because I didn't file an I-485 which is supposedly filed concurrently to my I-360 VAWA..."your assumption of the denial is completely wrong.The individual has the option to file form I-360 alone or concurrently with form I-485.We have here in the visa journey Vawa part 2 hundreds of people with approved I-360 and they filed form I-485 after approval of I-360. Your case was denied or because you could not prove bonafide marriage or because you could not prove that you were battered or suffered mental abuse, for no other reason at all.

You can file motion to reconsider, appeal to AAO or file a new I-360 but you must wait the decision INSIDE the USA. If you leave USA tomorrow then make plans to stay in your home Country because the chances for you to return is non existent.

[yeth 0]

Hi,

Thanks a lot for the reply. My I-360 is not denied it was my Travel doc/advance parole that denied because of not submitting the I-485. I have my prima facie, police report and restraining order granted in the court for three years. My question was is there any possiblity I can transfer my VAWA pending case to consulate in my country? How to do it? Since VAWA can be filed even if you are out of the US territory? I just learned it from the other site forum.

Thanks a lot for anyone who's trying to help me here.

God Blesses us all!

[Sandra G. 5,064]

I am sorry I did not read correct your post,my bad. First of all who has a pending vawa is not advised to travel abroad at all, not even with advance parole.The Uscis ombudsman wrote about that in one of his memorandum in 2012.People waiting adjudication abroad had to prove they left USA to avoid the USC husband's pattern of abuse, it's not your case.Your abuse is over.

Edited March 7, 2013 by sandranj