VAWA, Part 8

[Hopeful diva 99]

24 minutes ago, Totoro_J said:

Hello everybody,

 

I've been suffering hard time that I never ever had before in my life.

 

I met my wife 2 years ago at her family's party. We keep contact via Facetime and Internet for nearly a year when I return to my country. March-2016 I go back to US on B2 visa and marry her 2 months after arrival.

Our marriage was very happy at the beginning with great support from her family and friends. We moved in from May-2016, she also file I-130 and I-485 for me in Jun-2016.

 

Things change since she quit her job, start isolating me with her family member, mental abuse, preventing me from seeking help from friends and her family member. Physical abuse me but I did not call the police since I did not want to see her in jail. She moved out after 6 months, she also closed our join bank account without letting me know, preventing me from deposing my paycheck.

 

She refused to cooperate with me on the AOS Internet that already scheduled on early April-2017.

 

I was very stress and have to go to see counseling professional to get treatment for my mental health.

 

I filed I-360 with my personal statement, her grand mother and some other family  member's statement to witness her abused me frequently. over 120 pages contain pictures, bank statements, good moral.

I-360 received on early April-2017 without any Prima Facie, just a single receipt notice.

 

To day, I went to AOS interview alone. IO asked "where is your wife", I said "she refused to go" and interview begins.

 

IO asked several questions relating to our marriage, look at my I-485 and my wife's I-130. I also told IO that I am abused by my wife and I am filed I-360 form 2 months ago and it's still pending at Vermont Service Center. (I also bring a copy of my I-360, but IO did not take a look at that). She tell me she only adjudicate based what's on her hand right now and for other things, "talk to your attorney" she said.

 

After continue asking about my current status (job, who I live with...) finally, she tell me she have to deny my current I-485, even she known I have a pending I-360 and any of my request to hold my current I-485 was rejected.

 

My concern:

 

- I will be out of status from today, I am going to file another I-485 based on VAWA to maintain my legal status, so where should I send my package to? Chicago Lockbox or Vermont Center?

- I've heard from other cases, IO approved the request to hold current I-485 in abeyance until I-360 is decided upon, but my case, IO refused, is it normal or IO did not know anything about VAWA?

- USCIS did not send the receipt notice of my I-360 to my current address, they sent both of notice to my attorney's office.

- My case status of I-360 changed to "Name was updated", they also change my name with a suffix after my full name on the receipt, is it normal? (Never ever heard about this on other cases before)

 

Thank you reading this.

You're going to have to file the new i485 at Vermont. 

I heard it's up to the IO in charge of the case to hold the i485 in abeyance. Some IO agree to put on hold, some refuse and deny on the spot.

if you have a lawyer on file, your receipts will always go to your lawyer 

 

[lydie21 9]

Here are the documents i submitted with my i360. I hope i that i will not get anymore rfe's:

- marriage certificate, wedding and engagement pictures,  wedding invitation 

-my birth certificate, our chid's birth certificate,  i-94, passport, non-immigrant visa, i-130 approval, i-485 denial based on his withdrawal, his A-number,  his ssn

-jointly filed tax return, car insurance with both of our names on it. 

- 2  dv incident police reports, order of protection,  Hospital record showing my  depression diagnosis, medication record for depression, family violence court document against him, letter from shelter, letter from a certified dv program that I'm attending 

 - my 16-page affidavit, 2 more affidavits from family and friend, background check.

[lydie21 9]

1 hour ago, Totoro_J said:

Hello everybody,

 

I've been suffering hard time that I never ever had before in my life.

 

I met my wife 2 years ago at her family's party. We keep contact via Facetime and Internet for nearly a year when I return to my country. March-2016 I go back to US on B2 visa and marry her 2 months after arrival.

Our marriage was very happy at the beginning with great support from her family and friends. We moved in from May-2016, she also file I-130 and I-485 for me in Jun-2016.

 

Things change since she quit her job, start isolating me with her family member, mental abuse, preventing me from seeking help from friends and her family member. Physical abuse me but I did not call the police since I did not want to see her in jail. She moved out after 6 months, she also closed our join bank account without letting me know, preventing me from deposing my paycheck.

 

She refused to cooperate with me on the AOS Internet that already scheduled on early April-2017.

 

I was very stress and have to go to see counseling professional to get treatment for my mental health.

 

I filed I-360 with my personal statement, her grand mother and some other family  member's statement to witness her abused me frequently. over 120 pages contain pictures, bank statements, good moral.

I-360 received on early April-2017 without any Prima Facie, just a single receipt notice.

 

To day, I went to AOS interview alone. IO asked "where is your wife", I said "she refused to go" and interview begins.

 

IO asked several questions relating to our marriage, look at my I-485 and my wife's I-130. I also told IO that I am abused by my wife and I am filed I-360 form 2 months ago and it's still pending at Vermont Service Center. (I also bring a copy of my I-360, but IO did not take a look at that). She tell me she only adjudicate based what's on her hand right now and for other things, "talk to your attorney" she said.

 

After continue asking about my current status (job, who I live with...) finally, she tell me she have to deny my current I-485, even she known I have a pending I-360 and any of my request to hold my current I-485 was rejected.

 

My concern:

 

- I will be out of status from today, I am going to file another I-485 based on VAWA to maintain my legal status, so where should I send my package to? Chicago Lockbox or Vermont Center?

- I've heard from other cases, IO approved the request to hold current I-485 in abeyance until I-360 is decided upon, but my case, IO refused, is it normal or IO did not know anything about VAWA?

- USCIS did not send the receipt notice of my I-360 to my current address, they sent both of notice to my attorney's office.

- My case status of I-360 changed to "Name was updated", they also change my name with a suffix after my full name on the receipt, is it normal? (Never ever heard about this on other cases before)

 

Thank you reading this.

To be able to work again,   Assuming that your wife is a usc, File i765 along with your i485 by using category c9. That way you can receive  ead wile i360 is pending

[Hopeful diva 99]

8 hours ago, lydie21 said:

Here are the documents i submitted with my i360. I hope i that i will not get anymore rfe's:

- marriage certificate, wedding and engagement pictures,  wedding invitation 

-my birth certificate, our chid's birth certificate,  i-94, passport, non-immigrant visa, i-130 approval, i-485 denial based on his withdrawal, his A-number,  his ssn

-jointly filed tax return, car insurance with both of our names on it. 

- 2  dv incident police reports, order of protection,  Hospital record showing my  depression diagnosis, medication record for depression, family violence court document against him, letter from shelter, letter from a certified dv program that I'm attending 

 - my 16-page affidavit, 2 more affidavits from family and friend, background check.

👏🏼👏🏼 you have so much evidence  with regards to abuse. I can already see your VAWA being approved. 

Edited May 24, 2017 by Hopeful diva

[Sandra G. 5,057]

12 hours ago, Totoro_J said:

Hello everybody,

 

I've been suffering hard time that I never ever had before in my life.

 

I met my wife 2 years ago at her family's party. We keep contact via Facetime and Internet for nearly a year when I return to my country. March-2016 I go back to US on B2 visa and marry her 2 months after arrival.

Our marriage was very happy at the beginning with great support from her family and friends. We moved in from May-2016, she also file I-130 and I-485 for me in Jun-2016.

 

Things change since she quit her job, start isolating me with her family member, mental abuse, preventing me from seeking help from friends and her family member. Physical abuse me but I did not call the police since I did not want to see her in jail. She moved out after 6 months, she also closed our join bank account without letting me know, preventing me from deposing my paycheck.

 

She refused to cooperate with me on the AOS Internet that already scheduled on early April-2017.

 

I was very stress and have to go to see counseling professional to get treatment for my mental health.

 

I filed I-360 with my personal statement, her grand mother and some other family  member's statement to witness her abused me frequently. over 120 pages contain pictures, bank statements, good moral.

I-360 received on early April-2017 without any Prima Facie, just a single receipt notice.

 

To day, I went to AOS interview alone. IO asked "where is your wife", I said "she refused to go" and interview begins.

 

IO asked several questions relating to our marriage, look at my I-485 and my wife's I-130. I also told IO that I am abused by my wife and I am filed I-360 form 2 months ago and it's still pending at Vermont Service Center. (I also bring a copy of my I-360, but IO did not take a look at that). She tell me she only adjudicate based what's on her hand right now and for other things, "talk to your attorney" she said.

 

After continue asking about my current status (job, who I live with...) finally, she tell me she have to deny my current I-485, even she known I have a pending I-360 and any of my request to hold my current I-485 was rejected.

 

My concern:

 

- I will be out of status from today, I am going to file another I-485 based on VAWA to maintain my legal status, so where should I send my package to? Chicago Lockbox or Vermont Center?

- I've heard from other cases, IO approved the request to hold current I-485 in abeyance until I-360 is decided upon, but my case, IO refused, is it normal or IO did not know anything about VAWA?

- USCIS did not send the receipt notice of my I-360 to my current address, they sent both of notice to my attorney's office.

- My case status of I-360 changed to "Name was updated", they also change my name with a suffix after my full name on the receipt, is it normal? (Never ever heard about this on other cases before)

 

Thank you reading this.

All IO received a memorandum from USCIS advising them to put on hold the AOS until final adjudication of the VAWA petition, but some officers just ignore the memorandum.

 

 Submit your AOS to Vermont and you must submit again ALL  documents showing a bonafide marriage, I797 showing your VAWA is pending, a copy of your spouse birth certificate or U.S passport, a copy of your passport and birth certificate, with respective translation,divorce decree if you are divorced, and previous divorce decree if you and your spouse were divorced before as well etc.

 

As soon you get the AOS receipt then submit a copy to your local office asking the IO not to issue a NTA (Notice to Appear in Court ) and explain that you filed a new AOS based on your VAWA petition.

[Sandra G. 5,057]

Some immigration news. USCIS in 2012 created some new rules to adjudicate VAWA/AOS and yesterday they affirmed part of the rules in how to proceed regarding VAWA and AOS based in VAWA.

-NVC is taking 30/45 to ship the case to the local office. NBC accepts just  250 VAWA cases per week from the VSC.They do not work with a quota, but second USCIS they created this rule for consistent case flow.

-Vermont may take 60 days to issue the Prima Facie Determination, if you did not  you receive in 60 days then send a letter to VSC requesting  "supervisory review".

 

-If after 45 days that you submit VAWA you did not receive the prima facie then send a letter to VSC requiring the prima facie. Prima facie is used to apply for public benefits.

 

-Keep always with you a copy of your I-797 showing that you filed a Vawa Petition, in case you meet the ICE agents, especially those in the  LA area. There are reports of people often seeing ICE on the streets.

 

-In case you are detained by ICE  DO NOT sign any document about the voluntary departure, even if they tell that they will deport you and you will not see your kids anymore. Ask to make a phone call and ask your family or friends to find an immigration lawyer for you.

 

-DO NOT  lie to the ICE agents!!!!

 

-Do not panic. If you did not submit your VAWA petition yet talk to the ICE agent that you will file a VAWA petition asap, if the officer is adamant that you will be deported DEMAND TO SEE AN IMMIGRATION JUDGE. You will be in jail for a few days/weeks, and in the meantime hire an attorney to help you filing VAWA and releasing you from prison.

 

 

-When you are requiring a fee waiver write down in the cover letter that you are requesting a few waiver because the folks working in the mail room might reject your petition if they do not see the money order or the check attached with your application.

 

-USCIS will waive their fees for those receiving a means-tested benefit or if the household income is 150% or below of the poverty guidelines, or if the person can demonstrate financial hardship. 

-If you did not submit the form G1145 to receive updates about your case, even if you have an attorney you can  ask online for USCIS to send you updates about your VAWA/AOS

https://egov.uscis.gov/casestatus/disclaimer.d

 

-When attending the AOS do not speak when the IO is reviewing some documents. If you want to show some documents to the IO ask permission first to handle the document. Dress properly, do not use short, revealing or tight clothing

 

-If you were arrested you should get a Court Certified Disposition (s) to submit with your VAWA, of each incident that you had  in the past.-You must send a notarized letter to Vermont informing your new address in your I-360 petition. When the cases are with NBC they do not search to see if the file has the form AR11 and usually they submit the mails to your old address. USCIS is messy regarding updating address then after 10 days that you submitted the AR 11 and the letter to VSC go to infopass to confirm if they changed your address 

 

-If you have a pending AOS filed when you were living with your husband, then file form AR11 if you moved to a different place, and submit a letter to your USCIS  field asking to request your I-485 until final adjudication of  the self-petition I-360. 

 

                                                                              “REQUEST TO HOLD IN ABEYANCE 

                                                                                         FORM I-485

 

TO: USCIS

A# XXXX

 

 

May 23.2017.

 

My husband xxxxx filed Form I-130 and I-485 on my behalf on xxxxxx (copy attached).During our marriage, I was subjected to domestic violence(and extreme cruelty-mental abuse). I filed form I-360(VAWA) on XXXXX (copy attached). I, respectfully, request that the Service holds my adjustment application in abeyance pending the approval of my I360 petition.

 

Sincerely,

 

——————————————————

Signature

 

-If you have kids living abroad and want to bring them here then you can submit form I-824 along with I-360 and I-485, if you are not filing the I-485 yet then wait to file form I-824 with your I-485.

 

-All documents written in a foreign language must be translated, NOT BY you, and the person has to sign a  certificate of translator’s competence, the documents doesn't need to be translated by a Certified translator

 

                                                                              Certificate of Translator’s Competence

 

I, (translator’s name), hereby certify that the above is an accurate translation of the original in (foreign language) and that I am competent in both English and (foreign language) to render such a translation.

—————————————————

Date 

—————————————————

Signature

 

 

 

 

 

 

 

 

Edited May 24, 2017 by sandranj

[Hopeful diva 99]

Hi @sandranj, does the court certified disposition only pertain to arrests made within 3 years before filing for vawa? Or is this in general for any arrests that one may have had in the past regardless of how many years ago it occurred?

[Mnmnm 11]

@sandranj 

With pending AOS, I shouldn't wait for an interview and write them a letter to hold I-485? 

 

Edited May 24, 2017 by Mnmnm

[Sandra G. 5,057]

59 minutes ago, Hopeful diva said:

Hi @sandranj, does the court certified disposition only pertain to arrests made within 3 years before filing for vawa? Or is this in general for any arrests that one may have had in the past regardless of how many years ago it occurred?

All arrests the person had, regardless  when it occurred. 

[Roms2017 115]

2 hours ago, sandranj said:

Some immigration news. USCIS in 2012 created some new rules to adjudicate VAWA/AOS and yesterday they affirmed part of the rules in how to proceed regarding VAWA and AOS based in VAWA.

-NVC is taking 30/45 to ship the case to the local office. NBC accepts just  250 VAWA cases per week from the VSC.They do not work with a quota, but second USCIS they created this rule for consistent case flow.

-Vermont may take 60 days to issue the Prima Facie Determination, if you did not  you receive in 60 days then send a letter to VSC requesting  "supervisory review".

 

-If after 45 days that you submit VAWA you did not receive the prima facie then send a letter to VSC requiring the prima facie. Prima facie is used to apply for public benefits.

 

-Keep always with you a copy of your I-797 showing that you filed a Vawa Petition, in case you meet the ICE agents, especially those in the  LA area. There are reports of people often seeing ICE on the streets.

 

-In case you are detained by ICE  DO NOT sign any document about the voluntary departure, even if they tell that they will deport you and you will not see your kids anymore. Ask to make a phone call and ask your family or friends to find an immigration lawyer for you.

 

-DO NOT  lie to the ICE agents!!!!

 

-Do not panic. If you did not submit your VAWA petition yet talk to the ICE agent that you will file a VAWA petition asap, if the officer is adamant that you will be deported DEMAND TO SEE AN IMMIGRATION JUDGE. You will be in jail for a few days/weeks, and in the meantime hire an attorney to help you filing VAWA and releasing you from prison.

 

 

-When you are requiring a fee waiver write down in the cover letter that you are requesting a few waiver because the folks working in the mail room might reject your petition if they do not see the money order or the check attached with your application.

 

-USCIS will waive their fees for those receiving a means-tested benefit or if the household income is 150% or below of the poverty guidelines, or if the person can demonstrate financial hardship. 

-If you did not submit the form G1145 to receive updates about your case, even if you have an attorney you can  ask online for USCIS to send you updates about your VAWA/AOS

https://egov.uscis.gov/casestatus/disclaimer.d

 

-When attending the AOS do not speak when the IO is reviewing some documents. If you want to show some documents to the IO ask permission first to handle the document. Dress properly, do not use short, revealing or tight clothing

 

-If you were arrested you should get a Court Certified Disposition (s) to submit with your VAWA, of each incident that you had  in the past.-You must send a notarized letter to Vermont informing your new address in your I-360 petition. When the cases are with NBC they do not search to see if the file has the form AR11 and usually they submit the mails to your old address. USCIS is messy regarding updating address then after 10 days that you submitted the AR 11 and the letter to VSC go to infopass to confirm if they changed your address 

 

-If you have a pending AOS filed when you were living with your husband, then file form AR11 if you moved to a different place, and submit a letter to your USCIS  field asking to request your I-485 until final adjudication of  the self-petition I-360. 

 

                                                                              “REQUEST TO HOLD IN ABEYANCE 

                                                                                         FORM I-485

 

TO: USCIS

A# XXXX

 

 

May 23.2017.

 

My husband xxxxx filed Form I-130 and I-485 on my behalf on xxxxxx (copy attached).During our marriage, I was subjected to domestic violence(and extreme cruelty-mental abuse). I filed form I-360(VAWA) on XXXXX (copy attached). I, respectfully, request that the Service holds my adjustment application in abeyance pending the approval of my I360 petition.

 

Sincerely,

 

——————————————————

Signature

 

-If you have kids living abroad and want to bring them here then you can submit form I-824 along with I-360 and I-485, if you are not filing the I-485 yet then wait to file form I-824 with your I-485.

 

-All documents written in a foreign language must be translated, NOT BY you, and the person has to sign a  certificate of translator’s competence, the documents doesn't need to be translated by a Certified translator

 

                                                                              Certificate of Translator’s Competence

 

I, (translator’s name), hereby certify that the above is an accurate translation of the original in (foreign language) and that I am competent in both English and (foreign language) to render such a translation.

—————————————————

Date 

—————————————————

Signature

 

 

 

 

 

 

 

 

Hi Sandra,

Thank you for the Information

[Tortmaster 75]

Guys any EAD news? Mine was received April 6, biometricd May 4, no news yet.

[gramercy 141]

33 minutes ago, Tortmaster said:

Guys any EAD news? Mine was received April 6, biometricd May 4, no news yet.

That's normal dear, it takes about 90 days for the EAD. 48 days are not worrisome at all. but if you do need to expedite it for any emergency send a written request to USCIS with supporting documents.

[sadness1 8]

 

I-360 (2016) 

Received abril 1.

April 07 initial RFE to stablish prima facie. (responded June 16)

Prima facie junio 28.

October 3 RFE to prove good moral character. (responded dec 12)

February 24 approval. (2017)

 

i-485 (2017) 

Received date march 24.

I-765 (2017) 

Received date march 28.

I-485 Biometrics notice date april 14.

(Done may 1)

I-485 April 24 case was transfered to a new office NBC.

I-765 may 2 new card is being produced.

I-765 may 4 we mailed your new card.

I-765 may 11 EAD in hand. (44 days total from received date)

Apply for ssn may 12, ssn arrived may 22.

[Over come 50]

18 minutes ago, sadness1 said:

 

I-360 (2016) 

Received abril 1.

April 07 initial RFE to stablish prima facie. (responded June 16)

Prima facie junio 28.

October 3 RFE to prove good moral character. (responded dec 12)

February 24 approval. (2017)

 

i-485 (2017) 

Received date march 24.

I-765 (2017) 

Received date march 28.

I-485 Biometrics notice date april 14.

(Done may 1)

I-485 April 24 case was transfered to a new office NBC.

I-765 may 2 new card is being produced.

I-765 may 4 we mailed your new card.

I-765 may 11 EAD in hand. (44 days total from received date)

Apply for ssn may 12, ssn arrived may 22.

Congratulations 🎉 am here waiting on my EAD.

[luoboy 0]

7 hours ago, sandranj said:

Some immigration news. USCIS in 2012 created some new rules to adjudicate VAWA/AOS and yesterday they affirmed part of the rules in how to proceed regarding VAWA and AOS based in VAWA.

-NVC is taking 30/45 to ship the case to the local office. NBC accepts just  250 VAWA cases per week from the VSC.They do not work with a quota, but second USCIS they created this rule for consistent case flow.

-Vermont may take 60 days to issue the Prima Facie Determination, if you did not  you receive in 60 days then send a letter to VSC requesting  "supervisory review".

 

-If after 45 days that you submit VAWA you did not receive the prima facie then send a letter to VSC requiring the prima facie. Prima facie is used to apply for public benefits.

 

-Keep always with you a copy of your I-797 showing that you filed a Vawa Petition, in case you meet the ICE agents, especially those in the  LA area. There are reports of people often seeing ICE on the streets.

 

-In case you are detained by ICE  DO NOT sign any document about the voluntary departure, even if they tell that they will deport you and you will not see your kids anymore. Ask to make a phone call and ask your family or friends to find an immigration lawyer for you.

 

-DO NOT  lie to the ICE agents!!!!

 

-Do not panic. If you did not submit your VAWA petition yet talk to the ICE agent that you will file a VAWA petition asap, if the officer is adamant that you will be deported DEMAND TO SEE AN IMMIGRATION JUDGE. You will be in jail for a few days/weeks, and in the meantime hire an attorney to help you filing VAWA and releasing you from prison.

 

 

-When you are requiring a fee waiver write down in the cover letter that you are requesting a few waiver because the folks working in the mail room might reject your petition if they do not see the money order or the check attached with your application.

 

-USCIS will waive their fees for those receiving a means-tested benefit or if the household income is 150% or below of the poverty guidelines, or if the person can demonstrate financial hardship. 

-If you did not submit the form G1145 to receive updates about your case, even if you have an attorney you can  ask online for USCIS to send you updates about your VAWA/AOS

https://egov.uscis.gov/casestatus/disclaimer.d

 

-When attending the AOS do not speak when the IO is reviewing some documents. If you want to show some documents to the IO ask permission first to handle the document. Dress properly, do not use short, revealing or tight clothing

 

-If you were arrested you should get a Court Certified Disposition (s) to submit with your VAWA, of each incident that you had  in the past.-You must send a notarized letter to Vermont informing your new address in your I-360 petition. When the cases are with NBC they do not search to see if the file has the form AR11 and usually they submit the mails to your old address. USCIS is messy regarding updating address then after 10 days that you submitted the AR 11 and the letter to VSC go to infopass to confirm if they changed your address 

 

-If you have a pending AOS filed when you were living with your husband, then file form AR11 if you moved to a different place, and submit a letter to your USCIS  field asking to request your I-485 until final adjudication of  the self-petition I-360. 

 

                                                                              “REQUEST TO HOLD IN ABEYANCE 

                                                                                         FORM I-485

 

TO: USCIS

A# XXXX

 

 

May 23.2017.

 

My husband xxxxx filed Form I-130 and I-485 on my behalf on xxxxxx (copy attached).During our marriage, I was subjected to domestic violence(and extreme cruelty-mental abuse). I filed form I-360(VAWA) on XXXXX (copy attached). I, respectfully, request that the Service holds my adjustment application in abeyance pending the approval of my I360 petition.

 

Sincerely,

 

——————————————————

Signature

 

-If you have kids living abroad and want to bring them here then you can submit form I-824 along with I-360 and I-485, if you are not filing the I-485 yet then wait to file form I-824 with your I-485.

 

-All documents written in a foreign language must be translated, NOT BY you, and the person has to sign a  certificate of translator’s competence, the documents doesn't need to be translated by a Certified translator

 

                                                                              Certificate of Translator’s Competence

 

I, (translator’s name), hereby certify that the above is an accurate translation of the original in (foreign language) and that I am competent in both English and (foreign language) to render such a translation.

—————————————————

Date 

—————————————————

Signature

 

 

 

 

 

 

 

 

Nice piece of information.The lawyers suggesting to stick to the VAWA application are insisting on the court dispositions.