previously denied i-485/i130/i765

[patienceisvirtue 8]

Hello - I came on a B1 work Visa (Aug 2015), Denied after RFE was insufficient (spouse did not cooperate to provide necessary docs -Feb 2016). Husband abandoned me in Feb 2016 & faced sexual abuse, emotional, mental abuse and economic abuse since marriage. I was forced to leave the marital home and I moved to GA and now filing under VAWA with help of an attorney. B1 visa expired in Feb 2016 and Feb 2016 was when I got the notice of denial for my previous files.

March 23 2016- mailed out i-360, i-765

Proof i sent was police report, spouse has criminal record of domestic violence,

When can I send it i-485? Attorney says to wait until i-360 gets approved first then apply for i-485.

Questions - how long does it take USCIS to provide i-797

In the future can I ever change my last name back to my maiden name?

I have not filed for divorce since husband already said he will? will this affect my case?

Edited April 8, 2016 by patienceisvirtue

[newacct 688]

If your husband is a US citizen, you should be able to file I-360 and I-485 concurrently. Not sure why your attorney says to wait.

Divorce won't affect it.

[patienceisvirtue 8]

Thank you - so this means i can even file for the i-485 now while I wait for the Receipt Notice, NOA, etc?

Are there any benefits if I've only been in the US for a year? I cannot work because there is no EAD as of yet and husband already kicked me out and removed me from his bank account, took my debit card away and I have nothing.

Also husband is US citizen - but I did not have his US citizenship certificate (only a photocopy of his passport because the documents are still at the house and I have no way of going back there).

Edited April 8, 2016 by patienceisvirtue

[newacct 688]

Well since I-360 is filed, you would wait for the receipt and file I-485 with a copy of the receipt.

[EM_Vandaveer 2,417]

The reason lawyers usually advise to file a stand alone I-360: if a concurrent filing is denied, most likely removal proceedings will start. This is less likely when a stand alone I-360 is denied.

[Sandra G. 5,057]

Emvandeever what you said does not apply to her case, she had the AOS DENIED before,then if her l360 is denied she will be removed from tje Usa even if she didn't submit a new l485,then it doesn't make any difference if she submits the l485 now, at least submitting now she can get the work permit.

[EM_Vandaveer 2,417]

You're right sandranj, I did not think about that. It's weird, she has a lawyer and the lawyer did not catch that...

[EM_Vandaveer 2,417]

Once you have the NOA1 for your I-360, file a copy of that with your I-485. With that, you can file an I-765, you should then get an EAD in about 90 days.

[patienceisvirtue 8]

thanks everyone! this really helps. Previously i765/i485 and i130 was denied because RFE was not sufficient and my husband was not cooperative in submitting the required documents. After getting kicked out I have filed via VAWA (i360 and i765) filed together.

I just need to work - nothing so far in the mail. I am praying that I hear something.

[EM_Vandaveer 2,417]

thanks everyone! this really helps. Previously i765/i485 and i130 was denied because RFE was not sufficient and my husband was not cooperative in submitting the required documents. After getting kicked out I have filed via VAWA (i360 and i765) filed together.

I just need to work - nothing so far in the mail. I am praying that I hear something.

Can you even file an I-765 with a standalone I-360? I'd play safe and file an I-765 with the I-485 as well.

[Hypnos 6,578]

A standalone approved I-360 through VAWA will sometimes come with a period of deferred action from USCIS, and this will render you eligible to obtain an EAD using an I-765 for that period.

Sometimes people are not able to immediately file an I-485 to go with their approved I-360 (or did not concurrently file) for varying reasons.

[patienceisvirtue 8]

I am reading on the USCIS website that i should have filed the i360 standalone then the USCIS approves it then I should have filed for the i765 and i485. Will they deny my i360 and i765 because i filed them together? Its 3 weeks today since it was my package was signed for at VSC.

How long will it take for me to hear back about EAD or an approved i360? Whats next?

[Hypnos 6,578]

You may wish to post here: http://www.visajourney.com/forums/topic/579084-vawa-part-7/

[EM_Vandaveer 2,417]

You need to file an I-485 & I-765. Attach a copy of the NOA1 (Receipt Notice) for your I-360 with your filing. That is the fastest way for you to get an EAD. (About 90 days from filing.)

[Sandra G. 5,057]

Patiencevirtue probably you misunderstandood USCIS web site, Uscis mentions the person can file l485 after VAWA approval, it doesn't mean you cannot file concurrently with l360.