VAWA, Part 7

[Godblessme 26]

Hi, Sandra

I am married to a permanent resident for less than a year. We are separated because I have been suffering from both mental and physical abuse from him. He got arrested once and I forgave him, but he has never changed.

I learned about VAWA application from my neighbor. Right now I am collecting the documents for the application. I am confused about a few things:

1. I came to the US about 11 months ago. Do I need to get proof about good moral character from my own country due to the short stay in the US?

2. Since Oct,2015, the USCIS has the new date called "Dates for filling family-sponsored visa applications" which is much earlier than the priority date. Applicants can get EAD through this application. If my filing date was current, could I file 485 with my 360 together so that I can work?

Thank you.

[Sandra G. 5,047]

"Dates for filing applications" chart may be used ONLY when USCIS has additional visa numbers available,otherwise you must use the final action date chart.

If you don't have a strong vawa case and your vawa is denied you will be removed from the U.S if you have a pending AOS.

Yep you need police clearance from your home Country.

Edited October 24, 2016 by sandranj

[miloy001 26]

Will USCIS search for abusive spouse's citizenship proof if there are no ways to obtain such documents? Thanks,

[Strongstaystrong 0]

Sandra, thank you so much for your help. B t w, if I accepted a temporary green card after my divorce; will that be illegal. It was processed before the divorce though

[Sandra G. 5,047]

strongstaystrong If you received the green before the divorce was finalized then you will not have any problem to file the I-751 waiver.

[Geoheaven 6]

Hey Sandra. Let me give u a lay down on my case so far.

I filed for vawa and i485 in Dec 2014. Vawa was approved Jul 2015. Case status say went to local office oct 2015. After my lawyer made numerous email with no answer I went to local office on May 10 2016 and they said they got the case file just 2 week prior to my visit and I should be schedule for a interview within 90 days.90 days after still nothing so my lawyer send another email. We got a letter requesting my medical by Oct 19 2016. We send it September 29 2016.

I have a few questions now.

1. I have a advance parole and need to go to my country to apply for my kids passport my ticket is booked for next week and ill need to be there for 2 weeks do u think I should risk it?

2. Does this mean I won't have a interview?

3. Is there a chance they might deny my application without interviewing me?

Edited October 26, 2016 by Geoheaven

[patienceisvirtue 8]

Hello all-- my work permit came in! Hallelujah!

I filed for i360 and i765 first and it was approved on sept 23 (i360) and i765 on oct 7th.

I filed my i485 on Oct 6 and got a receipt #. What are the next steps ? My divorce was final last week and I filed my i485 before the divorce. Will this hinder my case? My ex husband is a USC - how long will my green card take?

[prayandbelieve 27]

patienceisvirtue: Would you mind sharing when you submitted your i-360 application? I filed mine in May and still waiting on their decision. Before on USCIS website, it said the processing time was 5 months. I recently checked and they said last case processed was in March. Looks like they have backlogs.

[patienceisvirtue 8]

I filed March 24- approved in sept 23. Keep praying and be patient. Only onOct 7 did my i765 get approved.

I filed i485 now so hopefully God willing I will here something.

My husband filed for divorce and now he's getting an RFE for the previous i130 he filed.

[patienceisvirtue 8]

http://www.asistahelp.org/en/access_the_clearinghouse/vawa/

Hi all- very useful link.

http://www.immigrantjustice.org/sites/immigrantjustice.org/files/VAWA%20Frequently%20Asked%20Questions%202010%2011.pdf

Also very useful document - when filing your forms

[prayandbelieve 27]

patienceisvirtue: Thank you for your response!

[Sandra G. 5,047]

mILOI001 if your husband acquired Citizenship through naturalization then USCIS will be able to search for his status, but if he was born in the U.S you should try to get a copy of his birth certificate (Vital Records) because I saw MANY cases os spouses of U.S citizens that USCIS couldn't find about the abusers status.

[Sandra G. 5,047]

patienceisavirtue USCIS takes 4-6 months to set up the AOS interview.

[Wifetexas 3]

Hello Sandra. I was reading your post for one week and I decided to text you. You doing great job. Last august 2015 my husband applied for me I130 , I485, I765, I131. He was abusing me physically ( i never called police but i have pictures of my face after that happened), he was threatening me with immigration, didn't let me to go out without his permission, I wasn't able to have friends or even ask him where he is at. Anyway i had I485 interview 2 weeks ago. He went in Mexico and i was with lawyer on interview and he told officer that mu husband is in Mexico and they reschedule interview. I left house and i want to apply for VAWA.

Yesterday i was on mu first therapy with psychologist. She is really expansive but I am planning to go and have 4 more therapy. I got the new lawyer for this case. She told me to send a letter to immigration and cancel my I485 and apply for VAWA. When VAWA is gonna. E approved she said then i can apply for new I485. But if i cancel now I'll lose my EAD. What you think it's the best for me to do? And what is the reason to cancel this application? Maybe because I already showed up by myself and they rescheduled or something? Thank you.

[Sandra G. 5,047]

Wifetexas you have a bad attorney. You don't have to cancel the I-485, you can file VAWA and when you receive the VAWA receipt you have to ask USCIS to hold the I-485 until final adjudication of the VAWA.Usually, USCIS holds the I-485 until final decision of the VAWA, in case they deny then you file a new one asap. I don't understand why you didn't mention to the officer that you are being abused and you would file VAWA. You better find a good attorney because your attorney has no clue about VAWA.

Did you ask your psychologist if she knows how to draft a psychological evaluation and if she is willing to draft one for you? because most of the psychologists they don't know how to draft a psychological evaluation.