VAWA, Part 7

[Adella2016 20]

You were right, I tried to say the same to my attorney. So now I have to go to USCIS, and beg them to extend somehow my work permit, because I ll not have my job and become a homeless. I am so sad, my VAWA was approved, but it means nothing if you dont have work permit etc. I am so in stress again and again. 2 years like in the hell. I hope soon it llbe over and i can fly home to see my parents after 5 years!

Adella2016

Thats incorrect. I got a different receipt number for each application I-360. I-485 and I-765. You get one Alien number which will be referenced on each application, that is like your ID. Each application is processed at a different time there each one as its own receipt number.

[Sandra G. 5,047]

Adella2016 Vermont won't give you any information. Did you have your I-485 denied or they just canceled the interview?

If your AOS is pending you don't have to do anything, once VAWA is approved USCIS will put the files together. Vermont will not give you information regarding your I-360 and/or I-485.

Edited September 26, 2016 by sandranj

[Adella2016 20]

In my case is a mess. My attorney died 8 months ago, and I dont know whats going on in my case.

I filled I 485 after I got married, And after that interview was canceled, and I dont know whats happening with I 485 after. They hold it or throw it away. Now since my VAWA was approved, I have to fill out again I 485 and pay again about 1000 doll for that? I filled all forms for my attorney, but now I realize that he didnt send any. Just I 360.

Adella2016 Vermont won't give you any information. Did you have your I-485 denied or they just canceled the interview?

If your AOS is pending you don't have to do anything, once VAWA is approved USCIS will put the files together. Vermont will not give you information regarding your I-360 and/or I-485.

[patienceisvirtue 8]

@Sandraj thank you for your replied.

The letter was received today and stated this:

1. i797- the i360 was approved and that I can start filling out the i485. If I would like the visa outside the US I may file a i824.

2. Initial Grant of Deferred action: do 1 of the following

1. fill out i-765 pursuant to 8 CFR sec 274a. 12 c WITH THIS OFFICE. If you still qualify, deferred action will be extended at the time of your application for employment is approved.
2. request in writing for an extension of deferred action

What does this mean? Do I need to file i765 again and pay fees now?

I have already filled out the i-765 at the time of i360, filing fees were waived and the status right now is as such below:

On March 24, 2016, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization , Receipt Number EACxxxxx. We mailed you a notice describing how we will process your case.

[patienceisvirtue 8]

Also when re-filing can I use my maiden name since my divorce is almost final and I DO NOT have any legal identity with my married last name on it. I have the marriage cert - I will get my divorce finalized at the end of Oct.

How long is the process if I return to Canada and file for with i824? I am jobless and out of money.

@Sandraj thank you for your replied.

The letter was received today and stated this:

1. i797- the i360 was approved and that I can start filling out the i485. If I would like the visa outside the US I may file a i824.

2. Initial Grant of Deferred action: do 1 of the following

1. fill out i-765 pursuant to 8 CFR sec 274a. 12 c WITH THIS OFFICE. If you still qualify, deferred action will be extended at the time of your application for employment is approved.
2. request in writing for an extension of deferred action

What does this mean? Do I need to file i765 again and pay fees now?

I have already filled out the i-765 at the time of i360, filing fees were waived and the status right now is as such below:

On March 24, 2016, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization , Receipt Number EACxxxxx. We mailed you a notice describing how we will process your case.

[laughingcow1 2]

Hello Sandra, I'm in the process of renewing my EAD. I have my current EAD based on I-130/I-485 application (the Receipt number begins with MSC). Then I filed vawa self-petition based on abuse. Now I have a i-360/I-485 pending. My question is which USCIS office should I send my EAD renewal application to? Should i send it to Vermont Service Center where my i-360 was filed, or should I send it to the Chicago Lockbox where my I-485 was originally filed? Below is the USCIS instruction on EAD filing:

©(9), an alien with a pending or approved VAWA self- petition and you have a pending Form I-485 that was filed with the Vermont Service Center based on this petition.

©(9) AND you filed your Form I-485 with the USCIS Chicago Lockbox facility, and your Receipt Number begins with “MSC.” You must include a copy of the I-797C, Notice of Action, which shows your Form I-485 was accepted;

I was thinking that my I-485 should have been transferred to Vermont Service Center in conjunction to the adjudication of my vawa case. So I need to send the EAD renewal application to Vermont?

[Sandra G. 5,047]

Patienceisavirtue It seems that you did not file your EAD using category C 9, but using category C 31 or C 14, that being said you can file now form I-765 using category ( c ) ( 9 ) ( ) or to wait for the EAD approval following the category that you chose when filing I-765.

I had two cases that the VAWA filers decided to file form I-824 and it took almost one year from the I-360 approval until the interview date.

After your divorce is final you can ask to change your name.

Edited September 27, 2016 by sandranj

[Sandra G. 5,047]

Laughingcow1 you have to renew with Vermont, and you should submit a copy of your EAD, plus all other documents needed to renew the EAD.

[patienceisvirtue 8]

Thank you Sandra!

Your help and guidance is appreciated. I've filled out another i765 under 12© and i486 along with i-912( fee waiver). I've not worked and have been living at relatives and friends places and I have no more funds for filing.

Do you think my file will take longer if they waive the fees? Also what wording would I use indicating my financial hardship?

[patienceisvirtue 8]

Hello everyone just wanted to share the below- it's been very stressful not working - most of us are in the same boat and I thank the Lord for this website because it definitely helps me and gives me hope. Sandra God bless your heart for years and years of providing advice to users.

"Be strong and courageous. Do not fear or be in dread of them, for it is the LORD your God who goes with you. He will not leave you or forsake you".

(Deuteronomy 31:6)

"Fear not, for I am with you; be not dismayed, for I am your God; I will strengthen you, I will help you, I will uphold you with my righteous right hand".

(Isaiah 41:10 )

Hello everyone just wanted to share the below- it's been very stressful not working - most of us are in the same boat and I thank the Lord for this website because it definitely helps me and gives me hope. Sandra God bless your heart for years and years of providing advice to users.

"Be strong and courageous. Do not fear or be in dread of them, for it is the LORD your God who goes with you. He will not leave you or forsake you".

(Deuteronomy 31:6)

"Fear not, for I am with you; be not dismayed, for I am your God; I will strengthen you, I will help you, I will uphold you with my righteous right hand".

(Isaiah 41:10 )

[patienceisvirtue 8]

If I already filed an i485 (previously denied) filed in Sept 2015 - do I have to complete the below again? I have a copy of the medical exam

! Filing fee and biometric services fee

! Form I-693, Record of Applicant’s Medical Examination

Form G-325A, with one photo attached

[Sandra G. 5,047]

you said: I've filled out another i765 under 12© and i486 along with i-912( fee waiver)". I-486 doesn't exist, category for I-765 should be C 9,

If you just submitted I-485 and I-765 then you made a huge mess in your case because the correct forms to submit for AOS are I-485, I-864W, G325A, I-765, I-131 (optional) I-912(to waive the fees), G1145, if your medical exam was done less than one year ago you don't have to file a new one.

If your I-485 was denied then you have to fill out all forms that I mentioned above. Visa Journey has step by step how to file for AOS, please find the respective post and follow the instructions.

[patienceisvirtue 8]

Thank you Sandra

When I filed i360 with i765 - I filed with C 31. They are now telling me to file with 12c 14.

I have not yet sent anything to them as of yet. I am working on all my docs right now. If you have the link with the instructions please paste. If not I will search. God bless you!

[Sandra G. 5,047]

If you will file I-485 then file the I-765 with category C 9. The category you should use is written in the I-765 instruction form.

Category C31 is to file work permit after VAWA approval without having deferred action, the category C14 is used after VAWA approval if you have deferred action, people use category C 31 or C14 when they do not have a pending AOS or they are not planning to file the AOS now, but I assume you want your GC soon then file I-485 and I-765 using category C 9.

Edited September 28, 2016 by sandranj

[patienceisvirtue 8]

Thank you Sandra - no AOS filed or pending as of yet.

My medical did expire so I am redoing that.

They waived the i765 the first time themselves- this time I'm asking them to waive the fees for i765 and i485 - do you think it will cause further delays?

With deferred action can I get public benefits?