Evidence for 1-485 Self-Petitioner (via VAWA)

[baldor21z 0]

Greetings,

I'm a long-time reader, first time writer. This website was very helpful during the filing of my VAWA case. I'm also a latin american male who recently got approval of a 1-360 form and I'm in the process of filing my 1-485 form.

I already divorced my abusive american spouse and have zero communication with her (I still have copies of her passport and birth certificate tho), I'm not employed but I had a job until October 2013 (my employment authorization is valid until March of this year) and I have no criminal record (thinking about getting a live scan and submit it on my application).

I would like to know what documents should I send with my 1-485 as a self-petitioner. Is the letter of approval of the 1-360 enough? Or do I need to submit my ex-wife's birth certificate, "affidavit of support." (I'm not in touch with her). I'm confused about what is the additional evidence required for a case like mine.

I'm not using a lawyer because I can barely afford the application fee of +1K so your help would be greatly appreciated.

AP

Edited January 3, 2014 by baldor21z

[Hypnos 6,578]

You can submit an I-912 (fee waiver request) along with your I-485 if you feel you meet the requirements to have the $1,070 fee waived.

Don't bother with a live scan, USCIS won't take your word for it and will give you a biometrics appointment so they can run your fingerprints through the FBI anyway, so it would be pointless.

Be sure to read the I-485 instructions carefully: http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf and submit your I-485, I-864W, G-325A, supporting documentation and an I-912 (if you choose to try a fee waiver) to the Vermont Service Centre, as noted on the instructions. Make sure you enclose a copy of your I-360 VAWA approval notice, also.

Additionally, you may want to post any further questions on the current VAWA thread: http://www.visajourney.com/forums/topic/435545-vawa-part-4/

Edited January 3, 2014 by Hypnos

[baldor21z 0]

Hypnos, thanks for the response.

Do I need to submit copies of the documents that proof my relationship with my American ex-wife? Should I attach the support docs used for my 1-360 approval? What confuses is that the 1-485 is requesting an affidavit of support and since I'm no longer married and I have no other relatives in the US, who should write this affidavit for me?

Thanks again

[Hypnos 6,578]

VAWA applicants aren't required to provide an I-864 affidavit of support, you just complete an I-864W ("waiver") which demonstrates that you aren't required to complete a full I-864.

You do not need to rehash your abuse case again to USCIS, since your I-360 was already approved. Generally, the I-485 is a formality once your I-360 has already been approved, and the interviewing officer is not permitted to go over any aspects of the abuse or question your veracity regarding it, when you actually go for your I-485 interview.

You should submit only the information that the I-485 asks for in the instructions. That's (1) documents showing your criminal history (if you have one), (2) a copy of your birth certificate, (3) a copy of your passport page showing a nonimmigrant visa if you've obtained such a visa within the past year, (4) two identical colour photos of you, (5) a sealed and completed I-693 medical examination, (6) a G-325A biographic information form, (7) I-864W, (8) a copy of your I-360 approval notice, (9) a cheque for $1,070 or an I-912 asking for a waiver of the fee.

Edited January 3, 2014 by Hypnos

[baldor21z 0]

Very helpful. Thank you!