Vawa Part 5

[Thiat32 0]

Hey sandranj can I go ahead and file I 485 with I 765 my husband is a green card holder (I 360 is approved).thanks again

[Sandra G. 5,057]

That32 you you have to check the bulletin Visa published by the

Department of state to see if there is a current number available.I posted here in the thread this week the bulletin Visa .

[Ben B 0]

Piper, did they denie your first i485 based on i130? Have you beef to an interview for that?

[piper2013 4]

Ben B, no, they did not deny my first I-485 based on I-130. Instead, I wrote USCIS a letter saying that I wished to withdraw the I-485 application voluntarily. I had heard that it was better to withdraw than to be denied. After they received my letter withdrawing the I-485, they still invited me to an interview... In the meantime, they even sent me a work permit/advance parole card. I did not use these, because I knew that once they allowed me to withdraw, the work permit/advance parole document would become void.

I have no idea why they invited me to an interview back then (1.5 years ago). After all, they had received my withdrawal letter. At the interview back then, the officer opened my file and my withdrawal letter was on top. They had seen it. He said, "We received your letter of withdrawal." I confirmed my desire to withdraw. Basically, the "interview" back then was just me sitting there and telling them I wanted to stop the I-485 application voluntarily, because I had left my wife and had no intention to stay with her. The officer said that he understood and that they would honor my withdrawal of the application instead of denying it. After the "interview" they sent me a letter recognizing that I had withdrawn the I-485 based on her I-130.

By withdrawing the I-485 voluntarily I made sure that it was not denied. I had done research that when it comes to future visa applications, there are differences between denial and withdrawal of I-485. A denied Adjustment application is not really the best option, especially if you have other options (withdrawal). I didn't want to have a denial on my record.

4 months after I withdrew the initial I-485 (based on I-130) I submitted the I-360, starting the whole process from scratch. This time the difference was that I was free from her manipulative behavior and I was doing it entirely on my own. Another difference was that this time I decided to not risk it, so I first submitted the I-360 and waited for it to be approved before submitting the new I-485. My rational was that if I had submitted the I-360 together with the I-485, a denial of the I-360 would automatically mean a denial of the I-485 (which, as I explained above, I wanted to avoid). So I decided to take it in two steps instead of submitting the whole thing together. This way, I thought, if they denied the I-360, at least they wouldn't have denied the I-485. Again, I believe that it is a good idea to avoid denial of I-485 if possible, even if this means waiting a couple of extra months (if you don't do the I-360 and I-485 concurrently, it might take longer). That's why I submitted the I-485 only after the I-360 had already been approved. You know the rest.

Edited March 7, 2014 by piper2013

[Ben B 0]

Piper, thanks for sharing!

Congratulation on your approval!

[piper2013 4]

Thank you, Ben B! Good luck to you!

I can't emphasize enough the importance of doing as much research as possible on this process before people do it. It is a very complex process and one mistake (e.g., denial of I-485 instead of withdrawal) has the potential of sidetracking the whole thing, of complicating the bureaucratic process, and of making the misery longer. There are many other mistakes that people can make because the process is complex. Every case is different and people need to do their own research in order to decide what is best for them and how to prepare the application in the best way possible. Most lawyers have so many clients that I doubt they REALLY care about individual applications. It is the business of the person whose future depends on this to care, and this means doing a lot of research in order to minimize the chances of mistakes and all the complications and negative consequences that result from mistakes.

I found that what was best for me was doing a lot of reading on my own and using this forum (especially Sandra's knowledge, which she spreads so generously) in order to learn from the experiences of others. A lawyer would have cost me something like 3-5 thousand dollars in order to handle the whole thing. Also, I spoke with several lawyers at the beginning and I discovered that they didn't know enough about this. Not all immigration lawyers are knowledgeable enough about this. For example, Sandra knows more than most. What is really helpful is an experienced lawyer who specializes on VAWA. But these cost money which people in our situation don't really have. It's a very tough position to be in - not having money and needing specialized help. This is why what Sandra does is really extraordinary - she gives us this specialized help free of charge.

I personally decided that the best I could do was learn as much as I could about this entire process, follow this forum, and ask questions in order to inform myself better. This took a long time, but I have to say that I am very happy with the result.

Piper, thanks for sharing!
Congratulation on your approval!

[optimisticchic 7]

helo guys, I got letter from local office saying the receive service request that my case is beyond proceesing time and i should have interview in 30days from letter date. is this true? my online statys still say case is in NBC and my address changed. Please how is the letter from local office for those that haave interview already. does it said same thing. I am too happy. this is for 485.

[blest.but.strest 50]

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.

Excellent thanks for the info, one more question sandranj, does my infopass appointment have to be scheduled in my local home office, meaning the closest to my home zip code or can it be schedule in any city in the USA? To be more precise if my home zip code is in Florida can I make an infopass appointment in NYC and asked them to hold my i-485 and present the NYC office my i-360 receipt?

[Thisislife 31]

Hi Piper I did exactly what you did. My vawa was approved after 13 months and sadly I had to leave US before my vawa approval as I was in the hospital. But here I am now. I am at my NVC stage and hopefully will have an interview at the embassy in the next few months. I don't know what question will be asked by the IO. Also I don't know if my divorce was final or not. I just had the summons for my divorce hearing but nothing more. Can anyone help on how I can get an update on my divorce in the state of CA. I don't want to email my ex wife.

[blest.but.strest 50]

Hi Piper I did exactly what you did. My vawa was approved after 13 months and sadly I had to leave US before my vawa approval as I was in the hospital. But here I am now. I am at my NVC stage and hopefully will have an interview at the embassy in the next few months. I don't know what question will be asked by the IO. Also I don't know if my divorce was final or not. I just had the summons for my divorce hearing but nothing more. Can anyone help on how I can get an update on my divorce in the state of CA. I don't want to email my ex wife.

Congrats on the approval thisislife, To find out if your divorce is final, you will need to know what county of what state was the divorce case filed in. Once you have that you can access the clerk of court website for that county you can run a case lookup/search for your divorce case using your spouses first and last name. Once you find your divorce case online, the status of your case should be listed either as pending or closed(with the outcome). This information is normally public records and may be available to you online. If it's not online make the phone call and ask. Hope this helps

Edited March 8, 2014 by blest.but.strest

[blackpearl929 0]

hey everyone,

I have updates in regards of my case. Had my interview with my lawyer on te 19th of February. Had my fingerprints on the 20th of February and my Green Card on the 3rd of March!

After 849 days!! I finally got my residency here in the states!

[Sandra G. 5,057]

blest.but.strest in order to ask them to hold your I-485 you should do that with your local office, setting up appointment with infopass in other state is just ok to get some information about your I485, that is it, but besides that they won't change anything in your case.

[optimisticchic 7]

Saandra,please I send you PM. Thanks

[mamaandtwokids 0]

Hi l got a text message that my case has been transferred to my local uscis for interview.how long does this take?l also applied to renew my work permit l could not check my case online so l was waiting for fp appointment. Then today l check n l see that my ead was oedered for production yesterday without fingerprints.os this typical or?/

[Thisislife 31]

Congrats on the approval thisislife, To find out if your divorce is final, you will need to know what county of what state was the divorce case filed in. Once you have that you can access the clerk of court website for that county you can run a case lookup/search for your divorce case using your spouses first and last name. Once you find your divorce case online, the status of your case should be listed either as pending or closed(with the outcome). This information is normally public records and may be available to you online. If it's not online make the phone call and ask. Hope this helps

Thank you. I tried google the county website but it's not working but I will keep trying. Also can you give me an idea if I write a letter asking a friend to collect or check the status from county will that work? I can get it notarized from my home country. Please let me know.