Vawa Part 5

[Sandra G. 5,047]

mamandtwokids NBC runs background check, and issue Request of evidence in case some document is missing or if they need more documents to show bonafide marriage,once they finish their work they will send your case to the local office for you to attend interview, but there are many people waiting since May 2013 until now,then your case is not far behind.

[piper2013 4]

Hi all, I have an update. Today I received my interview appointment - it will be in less than 2 weeks from now.

The interview date is exactly 4 months after my file was transferred from Vermont to the NBC. The online system has not changed - it still says that my I-485 application is being processed "at a USCIS office" (it doesn't say local office). My online account still has a "last updated" date of almost 4 months ago.

The appointment letter shows my file number (A-number). It does not show the receipt number (EAC number). I hope they have transferred all my documents successfully from the NBC to the local office and nothing will be missing.

I will keep you all updated.

[donehere 0]

Hi all, I have an update. Today I received my interview appointment - it will be in less than 2 weeks from now.

The interview date is exactly 4 months after my file was transferred from Vermont to the NBC. The online system has not changed - it still says that my I-485 application is being processed "at a USCIS office" (it doesn't say local office). My online account still has a "last updated" date of almost 4 months ago.

The appointment letter shows my file number (A-number). It does not show the receipt number (EAC number). I hope they have transferred all my documents successfully from the NBC to the local office and nothing will be missing.

I will keep you all updated.

Congrats Piper, Wish you all the best !! Mine is over 4 months since it transferred to NBC and no update yet.

[AT20000 38]

Thank you for your reply, your intentions are good and compassionate and I thank you for that . But ( no offense) I think you did not read my questions. I did not ask "what is the help available for me to leave my abusive husband?" or "How long will be the extension of my green card" but " is it true that it takes 60 days for USCIS to grant a waiver and send the receipt number?" and "once my green card expired how much time do I have to leave the country?"

I know that I need to get out of this abusive marriage for a long time, I have already reviewed all my options and established a strategy with DV victim advocates. And if I could have left securely before, like 100% of DV victims, I would have left long ago.

Now I am going to clarify a few points for the next victims of this epidemic DV problem in America ( about 4 women killed every day by their partner/spouse but, there is such a paranoia among USC with regard to family based immigration fraud that people tend to obliterate how many predators out there put their foreign born spouses through a true living hell.) now for next posters, I wish I could get answers to my questions, and to not discuss the whole abuses issue till our face turn blue. I already posted a long post on how to gather proofs for VAWA and/or cruelty but here is what I know from experience:

-1- It is wrong to say that ROC and leaving an abusive marriage are 2 separate issues. I read this over and over and it is just SO wrong. The 2 actually are closely tied! Immigration status comes from marriage & abusers ALWAYS use immigration, fear & finances as means to gain power & control over their victims. If victims keep on being told "your marriage has nothing to do with your ROC" they are in for a very bad surprise when they will try to put a VAWA file together after they took off from their home & requests for evidence from USCIS will hit their mailbox.

Abusive marriage & ROC under cruelty or VAWA is a chess game where victims have to gather and secure the proofs of a bona fide relationship and abuse ASAP, then cut their abusive spouse from the immigration process unbeknownst to them, prepare their way out well in advance (money on a secret bank account, documents in a safe at the bank, restraining order filed, their name removed form all joint accounts, everything they own packed as discretely as possible) and leave the house while their spouse is at work.

Running like a beheaded chicken only makes things worse because once you are out of your house, go try and get your documents back or any proof! Ain't gonna happen! Abusers are not all idiots and they will use everything to get their victim back under their control or rip them off in court to get back at them (and re-victimize them).

-2- DV victims after K1 visa and AOS with or without kids of their own and no US born kids are totally ineligible for the slightest subsides.

-3- Again, I understand that your intentions are good but it is extremely dangerous to make DV victims think that there is plenty of help out here! There probably are few associations blowing hot air but quite frankly, beside getting money from government for each victim they enlist, most of them DO nothing. Worse, they misguide victims and waste their time (how many of them have I heard spreading a wrong legal definition of abuse and making victim think that only physical abuse can be proven? It is appalling). Victims need to be heard, sure, but if nothing is done (accomplished, implemented) to get them out, what is the point? Truth is, there is very little help between the vast majority of do-nothing associations and a Police that could not care less unless you are hospitalized with several fractures, beaten to a pulp or shot. They don't take action (or worse, they take action against the actual victim :90% of women inmates in California are in jail for domestic violence related issues. The vast majority of the cases because after years of being beaten, they have defended themselves) because most of them are totally unable to give the right definition of domestic violence. Now yes there are some good programs but don't go think it is going to be easy to sort the good ones from the vast majority of con artists.

Shelters take you in for 30 days, cut you from all communication means:phone internet, etc or transportation (hence you cannot search for a job) and do not take your male kids after they turned 16. They apply a bunch of nonsensical measures of this kind that make anybody who is not single between 17 and 30 or single mom with ALL kids under 16, perfectly ineligible for help. Considering that no decent woman would throw their 17 years old son in the streets and let him fend for himself and sleep in a cardboard box under a bridge for 30 days and that the waiver+receipt process seems to take 60 days for USCIS to issue the extension, there is already a mathematical impossibility here (what do you do after the 30 days are over and you have no legal status, huh?).

-4- As for free legal resources available in these associations, same joke! First, good programs are EXTREMELY RARE and they only give general advice. Victims file by themselves and plead their case before the judge by themselves ( English Legal jargon is already difficult for English speakers so how cool is that for someone whose first language is not English?). Besides, help is extremely discriminatory (yep I actually wrote that). I committed the sin of not belonging to a "minority" = I received NO legal help for 2 years until a new program opened up lately (last November) and I am in the capital of biggest state of the US so I can only imagine what a sickening hurdle race it might be in the rural middle west...

Now that reality of the facts has been reestablished, I don't ASK USCIS to remove me from this situation, I know it is not their job, but I just wish they would AT LEAST be consistent with their VAWA/cruelty provisions and not MAINTAIN victims in situations of DV by making things more lengthy and difficult for DV victims than it is for the rest of the immigrants! it actually is not difficult to understand that no green card = no job and no housing = homelessness, so adding length to difficulty is adding insult to injury: It actually helps the abuser!

The option "battered spouse" has been created to thwart the trend of abusers who had realized that it is way easier and legally less dangerous to abuse and beat the cr** out of a foreign born wife (who is reduced to a sitting duck by a lengthy immigration process) than it is with a USC wife who would get immediate access to a bunch of help and kick their bu** in court. At taking such measures, it would not have cost much to push the reasoning up a notch and figure out that expediting the ROC process for DV victims instead of slowing it down would limit the length of time where the victim HAS to be in contact with her abuser (just so you know getting a hearing for a non controversial divorce here in California takes a least a year, more likely 2, above all in these cases and here again, no green card = no job = no lawyer = after being abused, you are being ripped off in family court! ). Hence an expedite process for the waiver & extension would just make complete sense.

So is there anyone with this "cruelty" process experience? I'd like to hear from you.

Kindly,

Ag

[AT20000 38]

AT2000 USCIS take 20/30days to mail the extension letter, there is no difference in the timeline if the alien pays Uscis fee or submit form I-912(fee waiver)

We have over 2.000 shelters for victims of DV across the Country.Second the National Network to End Violence on September 25, 2007 in JUST 24 hours 25,321 domestic violence victims found refuge in emergency shelters or transitional housing provided by local domestic violence programs, and 27,882 adults and children received non-residential services, including individual counseling, legal advocacy, and children’s support groups. If you fear for your life then seek refugee in a safe place.

Hi Sandranj,

Thank you for your reply.So according to you, the USCIS officer that answered me that:

waiver = 30 days

PLUS

extension letter = 30 days

Total 60 days before I can make any inquiry, has - as I thought it was the case - told me a perfect bs? Is that what I should understand?

PS I guess I don't have the same outlook on shelters/DV associations here in California.... One (My sister's house) has even done something to me that is just barely believable. DV victims and immigrant DV victims do not face the same challenges. But it is not the point here.

[belinda63 3,038]

1. You can file to ROC without a claim of abuse. You simply provide proof of a divorce (which I guess you aren't) and proof of having entered the marriage in good faith. You do not have to stay with the abuser to remove the conditions on your green card. ROC can be done by yourself with a divorce waiver. There are several threads here where the immigrant divorced the USC spouse and successfully removed conditions.

2. You can file for ROC no more than 90 days prior to the expiration of your green card. You should receive your receipt, which also acts as a one-year extension of your green card, prior to the expiration of your current green card.

3. There is help to allow you to leave an abusive situation. It may not be the help you like but it will permit you to get on your feet and not be abused at the same time. I don't know of any woman's shelter that holds you prisoner. All of the ones I have experience with permit you to come and go as you wish, except they may have a curfew.

4. You can file for a restraining order without the police. Check with the local courthouse. Usually if you can show abuse a temporary restraining order will be issued and a hearing will be held within a week. If the judge feels you have been abused they will extend the restraining order for one or two years.

5. Contact your local legal aid society. They usually provide attorneys free of charge for abused persons.

All you need is the receipt, this extends your green card for one year.

[godisgreat23 4]

godsisgreat despite many people received a letter mentioning the" ADDIT", they issued the GC without asking to renew fingerprints.You will receive your GC in a few days.

Thank you Sandranj! But will you please also tell me if the picture on GC is the one sent with 485 or there has to be one done at ASC??I am sorry if this is a lame question but there is very vague information available online. And some mouths say that it has to be at ASC ,and few mouths say it has to be the one send with 485 following measurement guidelines????Thank you for your help!!

@AT2000: I totally value your opinion about abuse and where you are coming from...But it`s very hard to act imperatively and promptly in such a situation of abuse.You are in a foreign country & you marry someone for love ,and he is all your world here, and then when somebody turns their back on you,and abuse you ,it leads to a period of denial that it actually is happening to me.This is a big problem.There are lot of USC men and women out there who have betrayed & tried to control their foreign spouses.Definitely they should add some spark to the processing of such issues.

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[djordan23 0]

HI people need help..after leaving my wife because she abuse me to that level that when I go to counsiling lady start cryin!!! After I leavemove frome house next day she go police and put restraining order on me telling ALL LIES over there!!! Is that hurt my VAWA ? What should I do!?thanks! GOD BLESS YOU

[optimisticchic 7]

congrat piper2013, you pay filing fees for I485?It seem if you pay filing fees the case is processed faster.

[Sandra G. 5,047]

djjordan I think you asked this question before huh?

[djordan23 0]

Yes in another group I think..sorry about that iam just scared court is coming and iam short with time!! Sorry one more time!

Yes in another group I think..sorry about that iam just scared court is coming and iam short with time!! Sorry one more time!

[Sandra G. 5,047]

AT2000 as I said before there is no difference in the timeline if the alien submits a fee waiver or pays the fees. All cases I submitted paying fees or filing I-912 the prima facie were issued in 20/30days.

[islandinthesun1 1]

Hi all, I have an update. Today I received my interview appointment - it will be in less than 2 weeks from now.

The interview date is exactly 4 months after my file was transferred from Vermont to the NBC. The online system has not changed - it still says that my I-485 application is being processed "at a USCIS office" (it doesn't say local office). My online account still has a "last updated" date of almost 4 months ago.

The appointment letter shows my file number (A-number). It does not show the receipt number (EAC number). I hope they have transferred all my documents successfully from the NBC to the local office and nothing will be missing.

I will keep you all updated.

Thx for the update. We can see from what you said that uscis does a very poor job at keeping our cases updated online.

Good luck and pls keep us posted

[Thisislife 31]

Hi Everyone is there anyone here or if you know someone who had or has a vawa interview experience (meaning kind of questions that are asked) at a consulate outside the US? Please let me know. It will be off great help. Sand rank can you help?

Thanks a ton

[Miangela 0]

Good morning everyone I have quick question I renewed my work permit last month and I was ask to go for my biometrics once more and now my case update says my case was transferred to an other office.did this happen to any of you?