Vawa part 4

[anajnic 87]

Anajnic, pray before you go in then take a deep breath and relax. Its almost the finish line, before you now it youll have the gc in your hands youll do good, god bless

Thank you

[finally26122012 20]

Hi sandranj,

Thanks for sharing this. I am already divorced but I hope it won't be a problem that my spouse filed for divorce first. My situation was such that I had to move to a different state and I was preoccupied with survival for months. Soon after I left my abusive spouse, she was already in a new relationship and it seems like she rushed for the divorce so that she could be "in the clear" again. In the meantime, I was out of the state, without any resources and basically trying to make it. These were my top priorities. The formalities around the divorce were not a priority for me at a time when I was trying to simply survive and seek therapist help. I recently went back to the town we lived together and went to the Court. I picked up the divorce degree, which says that I did not appear at the divorce hearings. I really did not want to see her again, I did not know when the hearings were anyway, and it didn't really matter to me - I knew we were going to be divorced, so, given that I was completely broke, I did not want to deal with any of that.

Your comment that it looks more credible if the victim of abuse files first seem correct - however, this would matter for the abuse, NOT for the good faith of the marriage. As far as I understood, they are not supposed/allowed to ask about the abuse at the interview. Who files for divorce first should have nothing to do with the good faith of the marriage.

Here is what I found:

"The 1990 act further assisted battered foreign nationals by making other changes to the INA joint

petition waiver provisions. It added language to the INA instructing the Attorney General to

establish by regulation “measures to protect the confidentiality of information concerning any

abused foreign national spouse or child." It also broadened the existing waiver based on

termination of a good faith marriage by eliminating the requirement for battered foreign nationals

to have been the ones terminating the marriage and for good cause. Thus, foreign nationals who

had entered into good faith marriages that subsequently terminated could apply for the waiver

regardless of who had terminated the marriage and for whatever reason. The House Judiciary

Committee report justified these changes as follows:

In many cases there are obstacles that prevent a battered alien spouse from initiating a

divorce, such as lack of resources to pay for a lawyer; ethnic or cultural prohibitions against

divorce…. Often, aliens are denied the waiver because they cannot satisfy the “good cause”

requirement under no-fault [divorce] laws."

[finally26122012 20]

hi good night to all who have interview just make sure you have all papers put together if you never sent in your medical make sure you take it with you to interview ok and make sure your birth paper is up to date has I did my interview on November 4, 2013 my interviewer was mean to me and said my birth paper looks got rfe on the 7th of November and respond by November 19, uscis received it on the 11-21-2013 I did infopass and it just made it to my intervier desk on 12-19-2013 so am waiting its tiring but life goes on just make sure you have everything documents just in case they ask as I did only my birthpaper that was the problem

[anajnic 87]

hi good night to all who have interview just make sure you have all papers put together if you never sent in your medical make sure you take it with you to interview ok and make sure your birth paper is up to date has I did my interview on November 4, 2013 my interviewer was mean to me and said my birth paper looks got rfe on the 7th of November and respond by November 19, uscis received it on the 11-21-2013 I did infopass and it just made it to my intervier desk on 12-19-2013 so am waiting its tiring but life goes on just make sure you have everything documents just in case they ask as I did only my birthpaper that was the problem

my birth paper is old, was that the problem or you just ddnt have yours?Gosh i can t get a new birth paper now at all

[finally26122012 20]

my birth paper is old, was that the problem or you just ddnt have yours?Gosh i can t get a new birth paper now at all

hi anajinic when I applied for the new updated birthpaper in 2007 they made a mistake with one letter in my name all my social passport everything I ever did from I was born had my correct spelling but the registar made a mistake when they print the updated one so in order for me to correct it I had to register and then my name did not appear on the line it should it appear on line 26 that says if name is added after birth so the immigration lady was saying seems like I was register when I was 30+ so they sent me rfe asking for school records my very first birthpaper with the correct spelling plus documents showing my mother name with mine '' you will be ok take your old birthpaper you will be fine the good lord is with and will be going with you;

[finally26122012 20]

my journey started on 9-19-2011 and it seems it will never end

[anajnic 87]

hi anajinic when I applied for the new updated birthpaper in 2007 they made a mistake with one letter in my name all my social passport everything I ever did from I was born had my correct spelling but the registar made a mistake when they print the updated one so in order for me to correct it I had to register and then my name did not appear on the line it should it appear on line 26 that says if name is added after birth so the immigration lady was saying seems like I was register when I was 30+ so they sent me rfe asking for school records my very first birthpaper with the correct spelling plus documents showing my mother name with mine '' you will be ok take your old birthpaper you will be fine the good lord is with and will be going with you;

Thanks so much for your response. Was worried there for a while. Thank God its working out for you too.

my journey started on 9-19-2011 and it seems it will never end

2011!!!!!!!!! thats indeed very longgggggg… ur journey is over now I pray.

[believe 46]

Anajnic remember to have copies of all the documents you take. Make a copy of your drivers license also in case you need to show proof of an updated address. Next, organize all your documents. The more organized you are, the easier you make the interview for the IO and yourself. I used the interview letter to guide me in arranging my folder, and I used tabs and paper protectors to separate my documents. E.g. - tab 1 - Proof of identification: Originals of passport, DL, and BC; followed by copies of the above-mentioned docs. Hope this helps.

It'll be ok. Use your nervous energy to prepare yourself, eat a good meal beforehand, arrive early, and don't forget to smile. You are a survivor and you are strong! Go with God.

[anajnic 87]

Anajnic remember to have copies of all the documents you take. Make a copy of your drivers license also in case you need to show proof of an updated address. Next, organize all your documents. The more organized you are, the easier you make the interview for the IO and yourself. I used the interview letter to guide me in arranging my folder, and I used tabs and paper protectors to separate my documents. E.g. - tab 1 - Proof of identification: Originals of passport, DL, and BC; followed by copies of the above-mentioned docs. Hope this helps.

It'll be ok. Use your nervous energy to prepare yourself, eat a good meal beforehand, arrive early, and don't forget to smile. You are a survivor and you are strong! Go with God.

Thanks Believe.I definitely trust and believe that God will be with me.

[John J 10]

Hypothetically, If I got all my paperwork together and sent them off now to Vermont how long would it be to get an EAD.

The reason for asking is that I don't have many choices. If I leave my wife then the family is going to be in turmoil she will most likely have to give up her job to look after the kids, that means losing the house. She'll probably move to her parents, where my two step sons already live.

If I got an EAD I could get a job on an evening/night shift and not see my wife very much at all.

My only other choice is to go home, I'm thinking June when my step daughters summer holidays begin, that way she can look after the kids while my wife gets herself sorted.

[islandinthesun1 1]

Oh deareast John, as it has been reiterated a million times already, it will take between 30 - 90days to get an ead. Hope this helps u to put things in perspective.

[John J 10]

Thanks. I know I'll get Ref'd on some things but its a chance to get EAD and then I'll get everything else in. I have nothing against me not to complete AOS. I don't go to Church but I'll start doing that in spring.

[piper2013 4]

John, you can file the I-360 along with I-485 (and apply this way for EAD). Without approved VAWA, however, you don't get an EAD. There is social help if you get a Prima Facie after you file under VAWA, but not employment - unless you are submitting the I-485 along (and the work permit application along with the I-485). But even then your VAWA needs to be approved first. Someone correct me if I'm wrong, but to work you need a pending I-485 with an approved I-360. The I-485 can't be pending without an approved I-360. I I don't know your current immigration status, but if you file I-360 and I-485 together, and if your I-360 gets denied, you may have a hard time afterwards.

Just filing under VAWA doesn't give you employment rights. Before you can work your I-360 needs to be approved. This may take anywhere between 3 months (if you are very lucky) and more than a year. The processing times for I-360 are posted on the USCIS website.

[anajnic 87]

John, you can file the I-360 along with I-485 (and apply this way for EAD). Without approved VAWA, however, you don't get an EAD. There is social help if you get a Prima Facie after you file under VAWA, but not employment - unless you are submitting the I-485 along (and the work permit application along with the I-485). But even then your VAWA needs to be approved first. Someone correct me if I'm wrong, but to work you need a pending I-485 with an approved I-360. The I-485 can't be pending without an approved I-360. I I don't know your current immigration status, but if you file I-360 and I-485 together, and if your I-360 gets denied, you may have a hard time afterwards.

Just filing under VAWA doesn't give you employment rights. Before you can work your I-360 needs to be approved. This may take anywhere between 3 months (if you are very lucky) and more than a year. The processing times for I-360 are posted on the USCIS website.

he needs pending I360 with Prima Facie along with of course the pending AOS.This is providing the wife is a US citizen. The I360 does not need to be approved if the wife is US citizen.

[Ben B 0]

Anajnic, when is your interview again?

Mine is not coming soon I guess... :-( so sad... I wander if my ex wife is doing something that will damage my case?!! So tired of this, hope all of us will be done soon with this!