Vawa Part 5

[blest.but.strest 50]

I have a question concerning I-485 and I-360. I have a pending I-485 due to the fact that we petitioned for AOS thru marriage with an I-130. My marriage went sour and I got abused, I am now going to file the I-360 with all the proof. I was told that it would be better for me to tell USCIS to hold my OLD I-485 when I get a i-360 receipt after I file my vawa instead of filing a new I-485. If that is true, how can I contact USCIS to let them know once I get my I-360 receipt?? infopass? if so,what do I tell them at the infopass appointment? please help

[Sandra G. 5,057]

best,but,strest if your spouse did not withdrew form I-864 then you will have AOS interview, if you have interview date then you must attend the interview and tell the adjudicator you filed Vawa(take prima facie with you),if your spouse withdrew the affidavit then you will receive soon a NTA,if you don';t have an AOS date yet then set up an appointment with infopass to let them know you have a pending Vawa.

Edited March 4, 2014 by sandranj

[blest.but.strest 50]

best,but,strest if your spouse did not withdrew form I-864 then you will have AOS interview, if you have interview date then you must attend the interview and tell the adjudicator you filed Vawa(take prima facie with you),if your spouse withdrew the affidavit then you will receive soon a NTA,if you don';t have an AOS date yet then set up an appointment with infopass to let them know you have a pending Vawa.

Thank you for such a prompt response Sandranj, you are very knowledgeable . Now after I get my I-360 receipt, I can book an infopass appointment online.

Once I get to my appointment and meet with the officer what do I tell the officer? that I have a I-360 vawa pending, I show my receipt and tell them to hold my I-485. Is there anything else I have to tell them?

will they give me a confirmation that my I-485 will be held?

Also can I bring a copy of the I-360 receipt or does it need to be the original?

[Sandra G. 5,057]

blest,but USCIS won't give you any confirmation that they will hold your I-485.Just the copy of your I-360 and the return receipt from USPS will be enough.Just tell them you have a form I-485 pending ,confirm with them if it's pending she maybe withdrew,and then tell them you filed I-360 and to put a copy of your I-360 in your file,

There is a memorandum from USCIS instructing the officers to hold form I-485 until adjudication of form I-360, but despite that i saw several cases that the officers did not put a hold, and the case was denied, once denied the alien receives the NTA(notice to appear) in Court and then the alien can/t miss the court date

Yes I have some knowledge, after 25 years working as an attorney,LOL.

[Sandra G. 5,057]

tdiva Ask them to put full name,Date of birth,place of birth and address,mention where am when and how they met you when they saw your husband,circumstances ,etc..before they Notarize send me to review and I tell if is good enough or if they have to fix it.Did you find th NIP institute phone number? They have social workers and psychologist ,make sure sure you get a psychologist ok

[Xayot 1]

Any guys here get approve for vawa case here ?

[Ben B 0]

Xayot, my I 360 was approved feew months ago!

[Sandra G. 5,057]

Two vawa cases I helped were approved,one last week and one this week, both aliens filed in December in 2013, it was fast.

Edited March 5, 2014 by sandranj

[Thiat32 0]

Hi everybody ,just got approved today.

Hey sandanj since my husband was a green card older how would I know when a visa number is available for me .can I apply for a working permit now.thanks

[Sandra G. 5,057]

thiat32 yes you can apply for a work permit. To see when you will have a current visa available check this out,as spouse of GC holder your category is F2A

http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-march-2014.html

Edited March 5, 2014 by sandranj

[MeEe 0]

hello everyone. i was wondering when can i apply for heath insurance? do i need to wait till i get prima facie? my work card is on the way, but i didn't get prima facie yet. i looked at the application and its asking what document you are here on, or something like that, and there's work permit there, but no prima facie. so am i good to go? thanks!

[Sandra G. 5,057]

MeEe if you are talking about Obama care? then you need to have a social security number to apply otherwise you won't be able to finish your application, and you don't have a green card yet then I believe they will not approve your application until you get your GC.I called the market place 3 times ,because 3 of my friends don't speak English wel,l and they asked to submit copy of their GC, all 3 sent their GC and they were approved, and got tax credit to purchase the plan.

Edited March 5, 2014 by sandranj

[MeEe 0]

yes, i do have social, so i can start filing it now right?

[MeEe 0]

oh sandra, and one more question. so i file for it, and im pretty sure i won't have to pay for it, but what happens once i get a job? will i need to let them know and start paying, or is it going to stay the same? not really immigration question, but maybe you know =)

[Sandra G. 5,057]

meEE if you think that in 2014 you will make less than $14.000 then you will qualify for a tax credit to buy your plan,around $350 to 430 per month, but if you will start working and making money, over $14.000 in 2014 then they will adjust the amount you have to pay in your next tax return.

For example if you are unemployed right now then they will give you a tax credit, but in 2/3 months you get a job and start making $3.000 per month for example, then you have to call them,because you won/t be able to have the tax credit anymore, and you will have to start paying your own insurance out of your pocket.