VAWA, Part 7

[thegodfather007 3]

@thegodfather007 I submitted my I360 in July2015 & had my I485 interviews scheduled for October 2015 since my ex didn't withdraw. So I went for my interview with an attorney & the IO asked if I was still with my husband, to which I said no we were no longer together. She was really nice & offered to hold on to my i485 until a decision was made on the I360. I got approved February 2016 for my I360. No need to take the medical. The IO did say to me they will let me know if I needed to submitted a new medical, which the sent the request for in Oct of this year. You can check my post about my timeline. I posted it last week

Thank you for the info....

[AnastasiaE 13]

Hey everyone! So my ead is about to expire at the end of March and I doubt I'm gonna have my interview before that. So...question. Do I need to pay for the renewal? I filed under deferred action category.

Thanks in advance for the help!

[Sandra93 8]

Hi Guys,

I am new here. I am starting my VAWA journey and I am obviously stressed out as many of us here. I have a lawyer who is helping me with putting all of my evidence and documents together. We actually already sent my packet (I-360, I-765 and I-485) on November 23rd and it was sent back because one of the forms was expired... ugh. Can you imagine my frustration? Anyways, I am going to fix it tomorrow and send it again and hopefully it will go better from there. My problem is that my Employent Authorizaton expires on January 14th. My lawyer said that even if you send I-765 along with your I-360, I-360 has to be approved first in order to receive a permit from I-765. I have been reading this thread over and over again and it seems to me that many of you receive your EAD cards sooner than VAWA approval. So what's the correct information? My lawyer put C(9) category in my I-765.

I will appreciate any information and answers!

Thanks,

Sandra

[Sandra93 8]

I'm sorry, I made a mistake in my previous post. My lawyer put a category c(31) on my I-765. Should we change it to c(9) tomorrow before we send it back so that way I could get my EAD while waiting for my VAWA to be approved?

I have never applied for AOS before. This is the first time I am submitting I-485.

Thanks again and great to know that the main support of this forum has the same name as mine!

Sandra

[mariposa2 24]

Hello @Sandra93, you VAWA doesn't have to be approved for you to get your work authorization. I already got mine, it took around 60 days and my VAWA still pending.

I am not an expert but the category you be c9 if you are applying under VAWA and have an adjustment of status pending. It was what my lawyer told me and everything went well.

I hope this help.

Hello @Sandra93, you VAWA doesn't have to be approved for you to get your work authorization. I already got mine, it took around 60 days and my VAWA still pending.

I am not an expert but the category you be c9 if you are applying under VAWA and have an adjustment of status pending. It was what my lawyer told me and everything went well.

I hope this help.

[Sandra G. 5,047]

Sandra93 your attorney doesn't understand anything about VAWA. To submit an expired form is unacceptable and to put the wrong category I am not going to say what I think about it.

You said my attorney is helping me to gather evidences but I already submitted the forms, the evidences you must submit along with your case.

You are now submitting the I765 with the right category then you have to pay because you were sending the form separated from the adjustment of status, if you can't pay then you have to submit form I 912. If your attorney says that he submitted already the I912 he must submit again,regarding form I765, once your I765 will be submitted after your I485 forms.

Edited December 20, 2016 by sandranj

[Sandra93 8]

We did submit all the evidence with the forms. When we sent it on November 23rd, the forms we sent were: G-28, I-360, I-765, I-485, I-131, G-325A, I-693 and I-912 along with all the appropriate evidence. Form I-360 was expired (my attorney's assistant was preparing the form with me) that's why the whole packet was sent back. I want to now take advantage of it and change the category on my I-765 from c(31) to c(9) since we are applying concurrently for

I-360 and I-485. My understanding also was that we are missing a form I-864W in order to be able to get the permit while VAWA is pending.

Is this correct now?

Thank you so much,

Sandra

[Sandra G. 5,047]

I 131 is to get advance parole, the AP allows you to travel abroad, you must file a new I912 to waive the fees regarding forms I765 and I131 if you want to file for advanced parole.

[Sandra93 8]

Sandranj,

That was not my question.

I understand that I-131 is Advance Parole and I-912 is to waive the fees. My whole packet was sent back meaning nothing was filed yet and no fees were waived because as soon as they realized the I-360 was expired, they just sent EVERYTHING back to update the I-360.

My question however is, if I file concurrently I-360 and I-485 (even though I have never filed I-485 before) and put a category c(9) on my I-765, will they give me an EAD before VAWA is aprroved?

Thanks again,

Sandra

[gramercy 141]

Sandranj,

That was not my question.

I understand that I-131 is Advance Parole and I-912 is to waive the fees. My whole packet was sent back meaning nothing was filed yet and no fees were waived because as soon as they realized the I-360 was expired, they just sent EVERYTHING back to update the I-360.

My question however is, if I file concurrently I-360 and I-485 (even though I have never filed I-485 before) and put a category c(9) on my I-765, will they give me an EAD before VAWA is aprroved?

Thanks again,

Sandra

Hello Sandra93

Based on people's experiences and consultations with attorneys the EAD will be issued within approximately 3 months after filing which also means it's always issued while VAWA petition is pending as it can take several months for VAWA to be approved.

Edited December 20, 2016 by gramercy

[Desert Storm 10]

Sandranj,

That was not my question.

I understand that I-131 is Advance Parole and I-912 is to waive the fees. My whole packet was sent back meaning nothing was filed yet and no fees were waived because as soon as they realized the I-360 was expired, they just sent EVERYTHING back to update the I-360.

My question however is, if I file concurrently I-360 and I-485 (even though I have never filed I-485 before) and put a category c(9) on my I-765, will they give me an EAD before VAWA is aprroved?

Thanks again,

Sandra

Yes you are right. If you file i485 concurrently with i360 then if you use C(9) then you will get EAD before VAWA is approved.

However I do not understand when you said i-360 was expired. Does i-360 expire

[Sandra G. 5,047]

Sandra93 I had misread your post, you made a reference about the form I-864W and for some reason, I thought you said I-131, my bad.

Yes if you file I-485 and I-765 and put category ( C ) ( 9 ) your EAD will be issued before Vawa adjudication.

Edited December 20, 2016 by sandranj

[Sandra93 8]

Great, thanks guys. I am going to my lawyers office today and I will tell her I want to change that category to c(9).

Thanks for your advice,

Sandra

[Desert Storm 10]

@sandranj Do you know when the new charter will be updated to indicate the updated processing times for VSC. I see that it usually happens on 15th or 16th of each month. Curious to see if it made any progress and hoping it comes back to 5months processing time.

[Sandra G. 5,047]

Desert storm they update the charter each two months.