VAWA

[Imperium 81]

FOD will not be excuted until your VAWA application is decided. Like I wrote before, that memo requires them to exercise discretion in cases like yours.

I think because your name has been flagged in GEMS and DACS as well as NAILS, your background chech is taking longer.

You will not get WITHHOLDING granted because it requires much higher standard than asylum.

In short your case with the GEMS will be on hold until your VAWA is finalized. Don't push things as it could lead to serious consequences

[Ontarkie 14,383]

~~Post removed for hijacking~~

[harry66 2]

It is going on 2 years and the background check is still ongoing. What is going on? Does anyone know what I can do here? They have not responded to my letter to extend my prima facie which expired on the 13 of August 2013.

[Sandra G. 5,057]

Did Uscis inform you they are doing your background check? As far I know your vawa wasn't approved yet then they are not doing background check yet,because the rely in the good moral character documents you submitted to accept your vawa,the vawa approval is not conditioned to background check,once approved yes you may have some delay iregarding background check for your AOS case.

Edited November 20, 2013 by sandranj

[Back&Brighter 1]

It is going on 2 years and the background check is still ongoing. What is going on? Does anyone know what I can do here? They have not responded to my letter to extend my prima facie which expired on the 13 of August 2013.

As you waited long enough, I guess you can force them to respond using "WRIT OF MANDAMUS"

Explore that option...

[harry66 2]

They are not a court are they? I can't force them to anything if they are not a court system.

[harry66 2]

FOD will not be excuted until your VAWA application is decided. Like I wrote before, that memo requires them to exercise discretion in cases like yours.

I think because your name has been flagged in GEMS and DACS as well as NAILS, your background chech is taking longer.

You will not get WITHHOLDING granted because it requires much higher standard than asylum.

In short your case with the GEMS will be on hold until your VAWA is finalized. Don't push things as it could lead to serious consequences

What does all these mean (GEMS, DACS and NAILS) I am not sure if you are refering to me or not. Can you explain all these to me please.

[harry66 2]

To help you understand once I was married to Mis A thereafer I got married to Mrs. B who remains the present wife.

Ok ... This is the latest I received another RFE (2nd)... This one has nothing to do with the present wife. It hase 5 pages of information related to my former wife. I don't know why it matters but it seems to me that someone has a hard on for me. Basically, it says that I have to show that I shared residency with my former wife. They also have the dates all wrong on their. They only dedicated one line for the present with whom my vawa claim resides.

Some of the issues raised were:

1. I omitted an address in my biographical information with Ms A.

2. I reported that I have been working all the time without a break.

3. They also said that I can't be living in two state at any one point. ( I owned a business between two states).

4. They said I had a residential lease that shows just my signature. Note this is not the present wife

I got the VAWA with.

5. They want me to get all the police report affidavit from family, friends and people that know both of us when we were married.

This is crazy it had been 6 years now. How am going to pull this one off? Maybe from my magical hat. The only thing I can get is affidavit from people that knew and remembered both of us together.

I need to know what I need to do right now. I have till January to put all these things in order. Why is it they did not find or ask about all these

with my present VAWA? I withrew the application with Miss A. Instead of asking me about Mrs B they are focusing on Ms A with all kind of wrong

dates. They are digging too deep as if they are up to some fowl stuff. This is almost like re-living the past and are they trying to base the VAWA on all these two separate conditions? This is very confusing and convoluted.

[harry66 2]

FOD will not be excuted until your VAWA application is decided. Like I wrote before, that memo requires them to exercise discretion in cases like yours.

I think because your name has been flagged in GEMS and DACS as well as NAILS, your background chech is taking longer.

You will not get WITHHOLDING granted because it requires much higher standard than asylum.

In short your case with the GEMS will be on hold until your VAWA is finalized. Don't push things as it could lead to serious consequences

To help you understand once I was married to Mis A thereafer I got married to Mrs. B who remains the present wife.

Ok ... This is the latest I received another RFE (2nd)... This one has nothing to do with the present wife. It hase 5 pages of information related to my former wife. I don't know why it matters but it seems to me that someone has a hard on for me. Basically, it says that I have to show that I shared residency with my former wife. They also have the dates all wrong on their. They only dedicated one line for the present with whom my vawa claim resides.

Some of the issues raised were:

1. I omitted an address in my biographical information with Ms A.

2. I reported that I have been working all the time without a break.

3. They also said that I can't be living in two state at any one point. ( I owned a business between two states).

4. They said I had a residential lease that shows just my signature. Note this is not the present wife

I got the VAWA with.

5. They want me to get all the police report affidavit from family, friends and people that know both of us when we were married.

This is crazy it had been 6 years now. How am going to pull this one off? Maybe from my magical hat. The only thing I can get is affidavit from people that knew and remembered both of us together.

I need to know what I need to do right now. I have till January to put all these things in order. Why is it they did not find or ask about all these

with my present VAWA? I withrew the application with Miss A. Instead of asking me about Mrs B they are focusing on Ms A with all kind of wrong

dates. They are digging too deep as if they are up to some fowl stuff. This is almost like re-living the past and are they trying to base the VAWA on all these two separate conditions? This is very confusing and convoluted.

[Back&Brighter 1]

So what was happened with your first marriage?

Did you file AOS from first wife & what was the outcome?

Whats the gap between two marriages?

[Villanelle 4,122]

Im really not that familiar with your story except for seeing the occasional updating post, but I know its been going on a long time. You are clearly very frustrated by this recent RFE and feel like "someone has a hard on for me" or is purposely trying to make it difficult and I dont know if thats true or not. But I can tell you they are not asking for anything the are not allowed to be asking for. It may be unfair that someone is going through your file with a fine tooth comb and other files get combed through with a wide toothed comb but thats how it is.

So the question of how do you pull this off and what do you do now? You do what they ask and get it in order by the respond date.

You have to understand that everything you ever send to immigration is permanent and never goes away or gets deleted and it has to match up because everything you send and sign and say you do so saying its the truth when you say it. Its why some people have difficulties applying for legitimate K1 visas when they go back in the records and find the alien had applied for tourist visas years prior and claimed on the tourist visas various things in the attempt to gain it that werent true.

They seem to be looking at things you submitted with Ms A and checking it for accuracy and lies. Its very important that you show you did not submit false information with Ms A or attempt to file for a benefit with Ms A (it doesnt matter if you filed and then withdrew it) Just the fact that you submitted something with Ms A that was based on lies would be enough to show you have poor moral character and stop your VAWA. For all they know you and Ms A filled out shoddy paperwork together knowing it contained false info and then got cold feet and withdrew it thinking well its withdrawn and we wont be in trouble because we didnt actually do it and theres no record of it. Thats not true, once its signed and submitted you need to be prepared to stand by it and defend it, yes even 6 years later.

It is do-able, just tackle each issue in the RFE one at a time

[Brian1967## 119]

Capri

I have never heard of VAWA unit doing a full background check have you? Harry, the statements about bona fide marriage should have been sent in with the original paperwork..Did you maintain all copies, if so use the same statements if they need more try to find more, sometimes you can mail in 10 and they will want more. Harry did you do this paperwork by yourself? or did a lawyer do this to you? please slow down when you file all paperwork make sure you have all paperwork "sing" with everything you have mailed in. Otherwise like Capri says it not look good and you will be denied, some cases Harry, the applications are taking only 5 months (had a petition I prepared approved in 6 months:)) it happens like sandraj says there is no ryme or reason for the time lines and the VAWA unit is VERY backed up and the unit is VERY good at checking details of all of the cases, BE CAREFUL and slowdown when doing this stuff and DO NOT miss any court hearings dates or anything else to screw your file up even more, sorry for the blunt talk. Brian 1967##

[harry66 2]

Thanks all for adding 1 and 2 together to help me.

1. I am trying to locate Ms A now. Is that a good idea or not?

2. How can I prove common residency if they say that she didn't sign the old lease?

3. I will try to track the people we knew back then.

4. Is it ok to get a 5 years old police report at least that will show that I was at the house.

5. Is it possible to use a change of address form I submitted to the immigration too to show I was living there.

6. What about a letter from the church we went to?

7. I am also going to find a good lawyer too.

Does anyone know a good lawyer in Minnesota?

Thanks for now.

[harry66 2]

Oh well no luck with the new lawyer here. I need you guys input. For the first time I hear a lawyer say that I can't adjuct status with VAWA APPROVAL. He is saying that I am EWI therefore I can't adjust if the VAWA gets approved. I think he is wrong: VAWA actually absolves the EWI or re-entry ban if approved. Let me know what you guys think.

[harry66 2]

Capri

I have never heard of VAWA unit doing a full background check have you? Harry, the statements about bona fide marriage should have been sent in with the original paperwork..Did you maintain all copies, if so use the same statements if they need more try to find more, sometimes you can mail in 10 and they will want more. Harry did you do this paperwork by yourself? or did a lawyer do this to you? please slow down when you file all paperwork make sure you have all paperwork "sing" with everything you have mailed in. Otherwise like Capri says it not look good and you will be denied, some cases Harry, the applications are taking only 5 months (had a petition I prepared approved in 6 months:)) it happens like sandraj says there is no ryme or reason for the time lines and the VAWA unit is VERY backed up and the unit is VERY good at checking details of all of the cases, BE CAREFUL and slowdown when doing this stuff and DO NOT miss any court hearings dates or anything else to screw your file up even more, sorry for the blunt talk. Brian 1967##

I did send everything required .... It seems that he issue is with my previous marriage which was 6 years ago. They want to see the intent and make sure that I lived with her since I withdrew the application. They want me to get all these paper work after six years. I am also a INA 212(a)(9)b. I am not even sure if I can adjust status. They said EWI can not adjust status unless they are INA 212(a)(9)a. The lawyer I consulted says that 241(a)5 bars my relief since I have a intent/reinstatement of removal.

I only have BIA appeal for withholding since I missed the court date plus the VAWA RFE. I am yet to respond to the RFE. I haven't found any lawyer yet. The one I spoke to now makes things sound really bad for me. I have no clue what to do now.