VAWA, Part 8

[Ms.Green 30]

6 hours ago, alexndillon2125 said:

 

i was advised to post this here for some advice and to get in touch with sandranj because you may be able to help me out... i have sent you a pm. Any advice is greatly appreciated! Thankyou

I read your story and I'm really sorry for your situation. The good thing is you can apply for a green card under VAWA. You can apply for VAWA even if you are divorced, but not later than two years after the divorce is finalized.

 

Gather up all the evidence of the abuse, legitimate marriage, his citizenship and your good moral character. Start writing your statement in detail, including how you met, when you first came to visit him, how you fell in love, when he proposed, when the abuse started and that that was the reason you left, to save yourself and the child. Documents, pictures, texts email conversations everything.

 

It's a long process, but you have time and we will help you advising what the best options are. Most of us here have went through abusive relationships and are currently going through the application processes.

 

Unfortunately I don't think you will be able to live here until the VAWA petition get's approved, which can take anywhere from 6 months, to years. But I do assume you have enough evidence so it might be under a year. You can file concurrently the AOS but it will not get approved until the petition is approved. I am not a lawyer and therefore I might be wrong, but I don't think you should come back to the US to file the paperwork. 

 

Anyway, until Sandra responds I hope this will give you some peace of mind and you are not alone. Keep us posted!

[Ms.Green 30]

12 minutes ago, Ms.Green said:

I read your story and I'm really sorry for your situation. The good thing is you can apply for a green card under VAWA. You can apply for VAWA even if you are divorced, but not later than two years after the divorce is finalized.

 

Gather up all the evidence of the abuse, legitimate marriage, his citizenship and your good moral character. Start writing your statement in detail, including how you met, when you first came to visit him, how you fell in love, when he proposed, when the abuse started and that that was the reason you left, to save yourself and the child. Documents, pictures, texts email conversations everything.

 

It's a long process, but you have time and we will help you advising what the best options are. Most of us here have went through abusive relationships and are currently going through the application processes.

 

Unfortunately I don't think you will be able to live here until the VAWA petition get's approved, which can take anywhere from 6 months, to years. But I do assume you have enough evidence so it might be under a year. You can file concurrently the AOS but it will not get approved until the petition is approved. I am not a lawyer and therefore I might be wrong, but I don't think you should come back to the US to file the paperwork. 

 

Anyway, until Sandra responds I hope this will give you some peace of mind and you are not alone. Keep us posted!

And just FIY I do not know if there is a difference when you abandon your LPR and anyway, I just hope Sandra can advise you with facts. This is just my opinion after going through VAWA.

[MsSara 2]

12 hours ago, Sandra93 said:

For some of you who sent your applications around December 21st - Mine was sent on December 20th through Express Mail and I am still waiting on my receipts so you guys are not alone. It seems like there is a delay due to Christmas/New Years Season. I am sure they will be coming any day now ☺

I am still waiting too, mine was received December 21st, but no response yet. Please let me know if you have any news, I will too.

[Teacher063 0]

12 hours ago, gramercy said:

Did you at least get a receipt notice?

 

Yes i got receipt and work permit 

but i read someone they have prima facie? But i dont have it yet

 

ps they ask for rfe bona fide and i respond back already

[Teacher063 0]

Same time with i360 on may 2016

[Ontarkie 14,225]

~~One post and it's reply moved to the Speculation thread. Please stick to this topic and not side track it with 'what ifs'.~~

[gramercy 141]

6 hours ago, Teacher063 said:

Yes i got receipt and work permit 

but i read someone they have prima facie? But i dont have it yet

 

ps they ask for rfe bona fide and i respond back already

 

I haven't come across someone here who received their work permit before prima facie; if you're concerned perhaps you should send a message to Sandranj and/or schedule infoppass to ask.

In my opinion you shouldn't worry too much since there is correspondence regarding your case, but it'd be good to know for sure.

 

Edited January 28, 2017 by gramercy

[Milestone2017 53]

My lawyer said we need not appear on the interview schedule because he would just need to write to cis to put my 485 on hold. This is the 1st time Ive heard of that. Almost everybody Ive hear said you must attend. I feel the same too. But he said if we attend and and my husband doesnt show up the officer and the higher officers may proceed with the interview and might decide it could be a sham marriage. I can prove it's not sham. But my lawyer says it's ok not to show up. He said he has had experience of this already. He just sent a letter. Guys, what's your take please. 

Edited January 28, 2017 by Milestone2017

[Sandra G. 5,047]

VAWA & AOS (merged)  You can file VAWA, there is no problem at all. You have  to prove that you left the U.S fleeing from abuse and you will be able to file VAWA abroad or in the U.S.

Edited January 29, 2017 by sandranj

[Sandra G. 5,047]

On 1/28/2017 at 9:54 AM, Milestone2017 said:

My lawyer said we need not appear on the interview schedule because he would just need to write to cis to put my 485 on hold. This is the 1st time Ive heard of that. Almost everybody Ive hear said you must attend. I feel the same too. But he said if we attend and and my husband doesnt show up the officer and the higher officers may proceed with the interview and might decide it could be a sham marriage. I can prove it's not sham. But my lawyer says it's ok not to show up. He said he has had experience of this already. He just sent a letter. Guys, what's your take please. 

 

You must  attend the interview and you can ask the IO to out your AOS on hold, if you do not show up USCIS will deny your AOS.

 

If your husband doesn't show up the officer will not proceed with the interview, he can put the AOS on hold until final adjudication of the I-360 or deny the AOS

[Sandra G. 5,047]

18 hours ago, sandranj said:

You must  attend the interview and you can ask the IO to put your AOS on hold, if you do not show up USCIS will deny your AOS.

 

If your husband doesn't show up the officer will not proceed with the interview, he can put the AOS on hold until final adjudication of the I-360 or deny the AOS

 

[thegodfather007 3]

Hello Sandra , thanks for all the help...

 

I went to my i-485 interview thinking i'll just ask the officer to pls put on hold till vawa is approved. Officer asked why is the petitioner not here? and i answered we're currently separated due to physical/sexual abuse , i gave her a copy of protection order that i filed against my spouse and a few pictures to prove the abuse suffered , next thing she started typing on her computer and continued with the interview by asking me to state my names , dob, other simple questions and then she started with the yes and no questions etc. i quickly said i'll love if she could pls put this petition on hold because i have filed vawa etc , then again she said she could see on her system that i filed vawa and that they received it in april last year and that no worries this would be merged with your vawa! she then said i'm about to conclude this interview but there wont be any decision today because they'll have to review and mail me their decision and also asked if i have any question for her , i said No, she asked are you sure sir , i replied again No question. She escorted me out of the building but soon as i got to my car i received the electronic email response from uscis about an update/activity on my case , i tracked it on the app and its changed to "interview completed but we're now reviewing your case" i quickly tracked the vawa too and its changed about the same minute to "request for more evidence has been mailed" then again after a few minutes the i-485 changed to "case was reopened" when i got the rfe from vawa its asking for proof of good moral conduct .   I have gathered all the proof and mailing it out to them asap.

 

What do you from experience observe in my case?  do you think its all looking good and no reason to panic ? why does the i-485 say case was reopened ? Your reply would be really appreciated thanks !

 

Edited January 31, 2017 by thegodfather007

[rsj 0]

Hi everyone,

I filed 485 based on 130 before. Should I click yes in item 7 part 4 on form 360 and explain in part 15? Tnx. 

[miloy001 26]

11 hours ago, rsj said:

Hi everyone,

I filed 485 based on 130 before. Should I click yes in item 7 part 4 on form 360 and explain in part 15? Tnx. 

The question is: Is an application for adjustment of status attached to this petition?

So, Check Yes if you file a new I485 concurrently with VAWA I-360, otherwise check NO. Your previous I485 is not attached to THIS I-360.

[Sandra G. 5,047]

thegodfather hi.I  don't  understand why your case was reopened, as far I Know your AOS was never denied.

 

if you got the RFE just for god moral character this is good news if your VAWA was filed over 4 months ago.