VAWA, Part 6

[Sandra G. 5,043]

justiceseeker you will apply using category 319(A). The 2005 memorandum is fine.

[Angel66 4]

Hi there, I just have a question that is puzzling me. I've been in US since May 2014. I do not work am I still expected to submit a tax return? My VAWA is being processed. I have a tax number no ssn.

Thanks in advance.

[Sandra G. 5,043]

The minimum income required to file a tax return for Tax Year 2014 depend of your filling status,single minimum income requirement $10,150,married filing separately $3.950,if you made less than that and you have a child you may qualify for a refundable credit, but if you did not earn any income then you won't have any refundable credit.

[blest.but.strest 50]

I have an approved Vawa, a pending I-485, and an EAD valid until may. I have never been unlawfully present in the US but I was out of status for a while.

How hard or risky will it be for me to get Advance parole and get back into the USA?

Keep in mind I have used Advance parole a few years ago before my Vawa application without any problems.

[Hypnos 6,576]

How long was "a while"?

What status were out of (B-2, F-1, etc.)?

[Sandra G. 5,043]

I am very happy today because one of the VJ member that I helped with her VAWA was approved . Each case is unique, but her case had something special, she endured abuse for 7 years,now she has a chance to start a new life.She found me here in the VJ, but she is not an active VJ member.Her case took 4 months and two weeks.I started 2015 with lots of approval.LET'S PRAISE THE LORD!

Edited January 28, 2015 by sandranj

[Ana-stas 0]

Dear Sandra,

Can I please ask you a question again. Not sure if you remember ne as you help so many people every day.

My vawa has been pending for more then 2 years. Inquired ombudsman/congressman, sent an e-mail/letter to VSC/inforpass. Nothing seems to work. I get the same response from my congressman since March, 2014 that my case is undergoing security checks. Ombudsman's representative sent my case to uscis headquaters on September, 2014 and asked me to give them 60 days to adjusticate my case. I do have a lawyer who says she can do nothing except Writ of Mandamus. The deal is that she wants too much money and I can not afford it right now. I paid her $7K for filing vawa, $1+K for divorce and some other fees. So my question is if it is possible to file writ of mandamus myself. And any other way to request VSC to adjusticate my case. The deal is that my case was really "strong" (hospital record, 2 police reports, 2 restrainting orders (he pleaded guilty), divorce (extreme cruelty) and many more.

[Hypnos 6,576]

You can file a writ of mandamus yourself, but it is far from straightforward.

[blest.but.strest 50]

How long was "a while"?

What status were out of (B-2, F-1, etc.)?

It's a little complicated so I will send you a message. Thanks Hypnos

[justiceseeker 1]

justiceseeker you will apply using category 319(A). The 2005 memorandum is fine.

Thanks for your answer.I was out of status from time my previous I-485 was denied because my spouse refused to come to interview till time I got my green card based on VAWA.This was almost 3 years.Will this will affect me when I apply for citizenship?are they going to ask any questions regarding this?If yes,what should be my answer?

Also I worked without authorization for a year during same period.Will this affect my naturalization?are they going to ask any questions regarding this?If yes,what should be my answer?

[Sandra G. 5,043]

Justice seeker you got your GC already, that being said everything you have done in the past does not matter anymore.Always answer the truth.

Edited January 28, 2015 by sandranj

[Sandra G. 5,043]

Ana Stas a petition for a writ of mandamus is VERY COMPLICATED.I would contact the USCIS ombudsman again.Did you "threat" them with a Notice of Intention to file for a Writ of Mandamus? if not then You can write a letter to USCIS "“Notice of Intention to file for a Writ of Mandamus", and you should submit with copies to Vermont, Secretary of the Department of Homeland Security, Director of USCIS, Director of FBI,United States Attorney General, Local Office and USCIS Onbudsman.

[Sandra G. 5,043]

One more VAWA approved today,,no RFE,no commingling finances. She is a VJ member,but not active in the VAWA thread. This week 3 VAWAs approved, and all of them are VJ members. Remind you that I do not charge for VAWA cases and AOS through VAWA. I do my best to help,but unfortunately I can't help everyone.This week 6 people asked me to help filing VAWA( VJ members).

Edited January 30, 2015 by sandranj

[Angel66 4]

Congratulations to you and to all of them. I'm praying mine is straight forward. I've sent my police check and proof of divorce to my attorney, she is not around to receive it, now post office sending it back to me, which is going to cause me more delay.

I'm a bit worried as my case is of emotional abuse, I have not had a report done or seen a therapist but I provided all info of text messages and emails sent by my husband. Also witnesses gave supporting letters to what they saw.

I contacted one place to receive a service but they do not provide reports. USCIS have not asked for any further info so hoping they are happy with what I have sent. Is it normal for them to request RFE and then ask for something different after?

Many Thanks

[Sandra G. 5,043]

Angel 66 USCIS can issue an RFE anytime before adjudicating. I just saw two cases of mental abused approved without psychological evaluation.I hope they approve yours without asking for psychological evaluation.When did you submit your case? Usually the service submit RFE regarding abuse and or bonafide marriage when they get the case to adjudicate,it may take 3/4 months.

Edited January 30, 2015 by sandranj