Vawa Part 5

[bestgirlever 12]

Hi every one

I was looking at my papers today and I found on my approved VAWA a very strange thing.I was married to American citizen.I found that my priority date as stated on the VAWA approved application is July 2011(same date I applied with my abusive partner for green card ) although my VAWA was approved on August 2013.

Does this mean anything?should I expect my application to go faster than others bec of this priority date?Does this affect issue date on my green card to be earlier than normal issue date?Does any one has the same situation and can share their experiences.

Thank you all for your continuous support.

Mine too had 2012 as priority date. same date I filed my i-360..I filed my old i485 with my ex in 2011.. I don't know what it means though

[Hypnos 6,576]

The priority date on your I-360 only matters if you were married to an LPR, since you must wait for F2A to become current before you can file an I-485 based on an approved VAWA I-360 if you were married to an LPR; if you were married to a US citizen then a visa number is always available and so the priority date does not matter at all.

Edited February 16, 2014 by Hypnos

[bestgirlever 12]

Thanks-for clearing that up Hypnos

[mashaka911 5]

I have one more question please.

Is cheating counts as an abuse. I found a memory card with tons of different girls with my husband and his vacation trips he went without me. It was all different types of pictures. Naked girls on top of him etc.

[Hypnos 6,576]

It's not abuse, it just means he's an idiot.

[mashaka911 5]

I filled my Vawa and included those pictures I found and also a note from my psychiatrist I just hope it will be enough. I also had a situation when he had a knife trying to cut my throat but I did not have a police report but my friend who saw it wrote an affidavit. And also he gave me happiest b I have all notes from drs. Do u think it's is enough?

[hopeful12 1]

I have one more question please.

Is cheating counts as an abuse. I found a memory card with tons of different girls with my husband and his vacation trips he went without me. It was all different types of pictures. Naked girls on top of him etc.

Cheating is not considered an abuse

[Sandra G. 5,047]

mashaka911 considering what you described it seems your proof is very weak. I hope you submitted an amazing affidavit telling the abuse suffered, if you focused just in the cheating thing then forget about it, cheating is not abuse.

[mashaka911 5]

I have a 3yo from him I was stupid by not calling cops on him I was scared he will take baby away from me. I also included pictures with bruises on my armes from him. I am emotionally destroyed from him. I have 3 affidavits and a letter from my manager at work. Police clearance from fbi. I just pray it will go through. Online it says initial review but no prima facie yet they received my case January 30th.

[vawa111 2]

VAWA111 you can maintain your F-1 status and you should do that as a backup,but you don't need to go to school if you don't want, but in case of denial you would be without status, because there is guarantee of approval I would maintain F-1 status, but it's up to you.

Thank you Sandra,

How about the contradiction/ conflict of visa purpose. F1 is nonimmigrant visa and I 485 is application for becoming a permanent resident. Dont you think that reapplying for F1 will make me any problem in approval of I485?

Im sorry to ask you again but I have been reading about this and I have different answers so Im confused what to do.

Thank you

[saratoga 2]

Vawa 111,

What Sandranj is trying to tell you is that you should remain enrolled in School to keep your F1 Status as a back up. Being in Status or out of Status will not affect the outcome of your I-485 application . However because there is no guarantee that your application will be approved or because there is a possibility that you may not also pass your interview ,it will be wise to keep your Status. The reason to that is simple . If your I-485 were to be denied , you will be out of status and you may be in Removal proceeding . Now I know you don`t want to be in that situation. But if you keep your F-1 student status you will still be here legally with no fear of facing removal.
I am no lawyer , I am just giving you my opinion . Sandranj is better equipped to help you , I am just trying to explain you what she was trying to say.

[vawa111 2]

Vawa 111,

What Sandranj is trying to tell you is that you should remain enrolled in School to keep your F1 Status as a back up. Being in Status or out of Status will not affect the outcome of your I-485 application . However because there is no guarantee that your application will be approved or because there is a possibility that you may not also pass your interview ,it will be wise to keep your Status. The reason to that is simple . If your I-485 were to be denied , you will be out of status and you may be in Removal proceeding . Now I know you don`t want to be in that situation. But if you keep your F-1 student status you will still be here legally with no fear of facing removal.

I am no lawyer , I am just giving you my opinion . Sandranj is better equipped to help you , I am just trying to explain you what she was trying to say.

Thank you Saratoga, I did understand that. I just wanted to make sure that applying for F1 will not affect in any way the change of status decision. If there is just a small chance to affect the decision I would not continue the F1 visa. And change of status is my ultimate goal. I have been told by one lawyer: Drop school if you go to the interview and still in school they might deny your I 485 because of conflict of visa purposes. Then I was told by another lawyer exactly what SANDRA advice. So I came here for one more opinion or maybe somebody been through the same situation.You know how it is, we want to make sure we are doing the right thing.

Thank you

[saratoga 2]

Vawa111

Your comment is a bit confusing . Are you currently on a student Visa or are you applying for one ?

[saratoga 2]

If you are currently on a student Visa then you are not applying for one , you just need to remain enrolled at school to keep your F-1 status . However if you are not currently on an F-1 student Visa and if you want to have a student Visa that is call APPLYING for student Visa. I believe that the way you explained it to the first lawyer is what brought the confusion.

[vawa111 2]

Vawa111

Your comment is a bit confusing . Are you currently on a student Visa or are you applying for one ?

Saratoga, sorry I was not so clear.

I am currently enrolled in school and have F1 visa. I have applied for the visa 2012 and they approved it, but it expires may 2014.

Soon my program is ending, so if I want to keep the student status, my school has to reaaply for extension ( or maybe for new I20, I dont really know the procedure.)

But I know for sure the school has to prepare papers for me again and send them to USCIS for approval.