VAWA, Part 6

[Sandra G. 5,046]

Houston 8 just showing a psychological evaluation done is not enough, you should show to USCIS that you attend therapy, because of that many people got RFE issued by USCIS asking the psychologist to specify how many therapy sessions the alien attended.If you get an evaluation stating in DETAILS the abuse suffered and having a diagnosis of major depression or post traumatic disorder due to the abuse suffered then you have 50% of the chance to have your case approved and another 50% you have to prove a bonafide marriage.

Just to explain to you that having a property together or having a child together these things do not prove bonafide marriage.USCIS considers the reason why the person entered into a marriage. Some people commingled finances after the marriage just to show USCIS a bonafide marriage, USCIS will consider of course having commingling finances,but what they pay attention and IN DETAILS are the reasons why the person got married to a US Citizen or GC holder.

I saw many people with kids that had the Adjustment of Status denied. You got married to 3 women in 5 years and for sure USCIS will look very close your case. Do not get me wrong I am not accusing you of not having a bonafide marriage,I am an attorney and I rationalize considering facts, but it's up to you to submit proof enough to USCIS in order to overcome any doubt about the reason why you got married.

We had here in Visa Journey 2 guys (one from Niger and another from Ivory Coast),they posted about their cases in the Vawa Thread, both were married for long time, one 4 years and the other one married for 6 years, both had properties with their spouses, and both had the VAWA denied because USCIS considered that they did not have a bonafide marriage, one of them was married twice before getting married to the third wife, and the another married once before. They were able to prove abuse but not bonafide marriage.

You said you have the possibility to apply for some kind the work visa then explore the option because I believe you will have a problem to explain and to proof the reason why you entered into marriage. Why do I think that? well after over 25 years working as an attorney and dealing with AOS I learned a bit. If you ask me what are my chances of having my case approved? I would say 50%.

[Jawaree 717]

jawaree he does not need any certification because he will file VAWA, just U filers need certification from the police or from the prosecutor, VAWA filers do not need that ok.The length of a marriage is not important, I had a VAWA case approved based in mental abuse and the alien was married just for 6 days.

Thanks SandraJ I learned something new

[houston8 3]

Thank you very much Sandranj and everyone else for your contributions. I agree the major problems are my previous marriages. I plan to get work based green card instead.

Edited August 23, 2015 by houston8

[luoboy 0]

Hi Sandra and congratulations to all new approvals. On December I filed an appeal but have not heard about unless that the appeal was received on December 18. My work permit runs out in October 02.Is it possible to renew it pending the appeal. If not, Is it possible to file a new application while the 1360 appeal is still pending.

I also tried to appeal the AOS that was denied too after the 1360 was denied. But the AOS was sent back because I had forgotten to sign it.I didn't send the AOS appeal back since I opted to wait for the I360 appeal.Your answer is well appreciated Sandra.

[KC201307 0]

Hi Sandranj hope you had a good vacation in Canada together with your birthday too. Please very quick question, I got an approval notice of i-360 what's the next step. Thank you as I wait for the reply.all the members in the house your feedback are welcome too. Thank you

[Sandra G. 5,046]

if you never file a I-485 before then you should file these forms

A cover letter.

I-485

G325A

-I864W

-I765

I-131

G 1145

I-912 If you cannot pay USCIS fees, and write down in the form you are asking to waive fees from form I-485, I-765 and I-131

With form I485 SUBMIT:

• Form I-485

• 2 passport pictures

• Copy of my foreign birth certificate

• Copy of passport pages containing passport identity

• Form I-693 Medical Exam

• Form I864W

• Copy of marriage certificate

• Copy of my divorce decree (if you are divorced)

• Copy of Form I-94 (front & back

• A copy of approval notice for I-360

• G1145

• Copy of previous divorce, if you were married before

I-765, Application for Employment Authorization includes:

• Form I-765 Application for Employment Authorization

• 2 passport pictures

• Copy of my birth certificate and translation

• Copy of passport pages containing passport identity

• Copy of marriage certificate

• Copy of Form I-94 (front & back)

I-131 Application for Travel Document

• Form I-131 Application for Travel Document

• Copy of Passport with nonimmigrant visa

• Copy of Form I-797 Notice of Action (Approval Notice)

• Copy of Electronic Form I-94

• Two (2) Passport size photos

• Copy of Marriage Certificate

[KC201307 0]

Hi Sandranj, thank you so much for your time you have devoted to all vj members. I forget to let you know all the forms(i765,i360 and i485)was petitioned together but I just received the approval notice of i360,do you know when I should expect my EAD.Thank you.

[Sandra G. 5,046]

LUOBOY how did you get you work permit if your VAWA was denied and you do not have a pending I-485?

Edited August 25, 2015 by sandranj

[luoboy 0]

LUOBOY how did you get you work permit if your VAWA was denied and you do not have a pending I-485?

Sandra the first time my Vawa was denied was because they thought I had abandoned the case. The case was reopened through a service motion after they realized their mistake since I had mailed the RFE packet on deadline day. In it I had included a I-765 AND I-485 application. Then the second denial was because in the RFE packet they could only find passport photos and yet I sent a huge packet including all the needed paperwork. But 3 months after the first denial I was still issued a work permit due to the pending AOS.

In the second denial the AOS denial notice too was sent. So I decided to appeal both the I-360 and I-485.The Vawa I-290b was received on December 18.While the AOS I-290b was mailed back for lack of signature. I decided to wait for the Vawa appeal but have not yet heard anything and my work permit is expiring in October. In the state of Georgia where I live now one has to have a work permit to get a license meaning my driver's license is expiring too. I am a cab driver so I need my license.

So my question is that is it possible to apply for another work permit or renew it if I sign the AOS appeal forms. Another one is it possible to submit a new VAWA application while I have a pending appeal. And the last one is how is it possible for me to expedite my VAWA appeal. Since it's been 8 months since I filed it.

[Sandra G. 5,046]

Luoboy If you submit now an appeal they probably will treat as a motion to reopen or reconsider, just when your case change to motion to reopen you can submit I-765 to renew your EAD.

VAWA appeal can take one year to be adjudicated, that being said they will not expedite your case.

If you want to file a new VAWA you should cancel your appeal, do not file VAWA with the appeal pending.

Edited August 26, 2015 by sandranj

[Lafayettestrong 0]

Anybody went to a psychologist or psychatrist in Louisiana State? I am looking for one and ive called a lot of people and i couldnt find a single one who has experience in domestic violence and abuse. I found some but theydont have experience in that.

[Motherof3 3]

Hey VJ members I just wanna update you guys on the status of my Case. I had my Interview this morning, It lasted less than 10 minutes (waited for like 20 mins) and at the end the Officer Informed me that my Case Is still pending and I will receive a notice In a the mail with a decision. Less than an hour later I received an email Notifying me that my Card has been Ordered for Production. Yayyyyyyyyyy ??????????????????????????????????? I have been Approved as a Permanent Resident. To God be the glory....this has been a journey that I'll forever cherish. A big thank you to Sandranj....special thanks to my fellow VJ members who have been there for me throughout this process. Continue to do the good work It pays off.......Good luck to all the waiting members....victory Is a must!!!!!!

[Sandra G. 5,046]

Congratulations mother of 3.Praise the Lord.

[*Forever*Always* 9]

Hey VJ members I just wanna update you guys on the status of my Case. I had my Interview this morning, It lasted less than 10 minutes (waited for like 20 mins) and at the end the Officer Informed me that my Case Is still pending and I will receive a notice In a the mail with a decision. Less than an hour later I received an email Notifying me that my Card has been Ordered for Production. Yayyyyyyyyyy ??????????????????????????????????? I have been Approved as a Permanent Resident. To God be the glory....this has been a journey that I'll forever cherish. A big thank you to Sandranj....special thanks to my fellow VJ members who have been there for me throughout this process. Continue to do the good work It pays off.......Good luck to all the waiting members....victory Is a must!!!!!!

Congrats! Enjoy your new freedom!

[coolbeans 2]

Congratualtiona Mother of 3 what a blessing