VAWA, Part 8

[Ms.Green 30]

11 hours ago, MsSara said:

Hi, Ms Green

 

I see you filed I-485 and I-765 on a different date (12/06/2016) from I-360.

....Do you mind sharing withy me why?..

....Is your husband USC?  or LPR?

....Why didn't you file concurrently?

....Do you have receipt of notice for both  I-485 and I-765

 

Am asking you this because I filed only I-360 (have receipt of notice), am LPR spouse, the legal team helping me told I cant file  I-360, I-485, I-765 concurrently, but when I asked immigration attorney she said to me that they were supposed to file I-360 and I-765 same time, the wait for vawa approval to adjust status. Am thinking of filing I-765 by myself now a month after filing I-360.

 

I-360 filed - 10/21/2016

I-360 Prima Facie - 11/07/2016

 

I-485 filed - 12/06/2016

I-765 filed - 12/06/2016

Hey, yeah, of course. I did not file concurrently because my attorney told me that I had to pay the fees. Well I had no money so I asked to only file the VAWA. Well as time went by I started reading about the fee waiver for the AOS and EAD. I knew I could prove financial hardship so I asked my attorney to file the AOS and EAD with a fee waiver. 

 

I think it's a bit more difficult with a spouse that is LPR. Mine was a USC.

[Sandra G. 5,057]

berryseed it seems you couldn't prove a bonafide marriage, then you can try again but you need to overcome that decision otherwise they will deny again when filing I-360/I-485.

 

A sham marriage is when the person got married to gain immigration benefits, nothing else. A bonafide marriage the person has the intent to have a life together. In your case, you did not satisfy USCIS that you lived together with your husband during the period that you told them and they denied because you could not prove commune residence.This time get affidavits from friends and family stating that you lived together with your husband, they should mention if they visited you and saw your husband there (when,where,how many times), and gather more proof that you lived together.

Edited February 2, 2017 by sandranj

[Kool76 1]

Any updates for the vawa petitioners of April 2016. M very stressed out.  

[thegodfather007 3]

On 2/1/2017 at 5:29 PM, Hopeful diva said:

What did you submit for good moral character? Is a state background check sufficient? Or do they ask for more according to the RFE you recieved? 

I came into the country with a K1 visa , so in my case they specified exactly what they needed (police clearance from that country)....

[Pinkrlion 2,724]

Let me know if I need to start my own thread for this question.  Sister n law is married, had a GC, left and returned home to get away from physical abuse so she abandoned GC.  I do not believe she ROC.  She has returned to US on H1 and would like to reinstate her GC is this possible?  Also, they never divorced.

Edited February 3, 2017 by Pinkrlion

[PEANUTBUTTER28 13]

Miss Sandra, I will talk to my lawyer about this and if she insist that I cannot renew it, can I renew it my self? 

 

What are the requirements? I mean do I need to submit everything like the first time I applied for EAD? 

 

Thank yoo

[MsSara 2]

On Thursday, February 02, 2017 at 11:32 AM, sandranj said:

NSARA  Do you have a visa number available? because you cannot file form I-485 without a visa number available this is because your husband is  GC holder .

 

YOU can file I-765 but you will not receive a work permit until your VAWA is approved

My visa number will be available in March.

My priority date will be earlier than the Final Action Date in March which I thought gives me the chance to adjust status and apply for EAD.

Please advice

[Sandra G. 5,057]

Pinkrealion  she could apply for a returning resident (SB-1) visa, but once she entered with H1B  after not maintaining her status then her situation became very difficult.She needs to see an attorney figure out what she needs to do ok.

[sovereigntytogod 1]

Hello &everybody,

I have seen how much you help out and I truly admire you're efforts. May God protect and Bless you. I just wanted to briefly ask you for your advice. I filed for vawa and it got denied because I couldn't prove bona fide marriage after two RFE's probably because I've been in removal proceedings for over 4 years and during my marriage. So I chose to reapply rather than to appeal I filed i360 and I-485 and EAD(c9) concurrently first week after applying on October 2016 I got receipt notice for all of the applications couple weeks later I received prima facie for i360 and then a week later I received  fingerprint appointment for I-485 and EAD. So briefly my question is does being in removal proceedings delay or prevent USCIS from approving EAD?  if it does what can I do to terminate my proceedings?

 please advise if possible.

 

Thank you, 

 

Best regards 

[Sandra93 8]

MsSara, nothing on my end yet. I am getting impatient... 

[Sandra G. 5,057]

Sovereignto God adjudicate means "to maKe an official decision".

 

You can file I-485 along with I-360 but immigration will not be able to adjudicate(decide) your case because your removal is open.

 

To close the removal you need to have a petition signed by you and by USCIS attorney asking the Judge to close the removal ou terminated the removal.

 

Immigration will not issue you WORK PERMIT if your removal is still open ok.

 

Many people prefer to have the case decided by USCIS than with the Immigration Court. It's up to you.

Edited February 5, 2017 by sandranj

[Sandra93 8]

Sandranj,

Maybe you know why the NOA's are not coming through for some of us? My application was sent through Express Mail on December 20th and as of today (February 4th) I still have not received my Notice of Action... that's 45 days. Now I know someone mentioned that I-912 adds a bit time to the initial processing and I had I-912 in my packet but come on, 45 days? 

[lyn1234 4]

On 1/19/2017 at 2:06 PM, Peru1234 said:

Lawyer lied to me,,, after spoken to Secretary, she provided me mail tracking number and Vermont center got my package on December 31 !!! He never mailed it on November 28 like he told me but December 29!!!??

 

On 1/19/2017 at 2:06 PM, Peru1234 said:

Lawyer lied to me,,, after spoken to Secretary, she provided me mail tracking number and Vermont center got my package on December 31 !!! He never mailed it on November 28 like he told me but December 29!!!??

That lawyer is not serious. Why did he lie? I know it's stressful to keep waiting but hang in there. It will get the receipt soon.

 

2 hours ago, Sandra93 said:

Sandranj,

Maybe you know why the NOA's are not coming through for some of us? My application was sent through Express Mail on December 20th and as of today (February 4th) I still have not received my Notice of Action... that's 45 days. Now I know someone mentioned that I-912 adds a bit time to the initial processing and I had I-912 in my packet but come on, 45 days? 

sandra93, I am sorry that you're still waiting. They received mine on 12/21/16, I received receipts on 1/14/17, received fingerprint appt on 2/3/17 and today 2/4/17, I received a prima determination. I hope you receive your NOAs soon. 

[Sandra93 8]

Lyn1234,

Did you submit I-360 only or did you submit I-485 and I-765 at the same time?

[lyn1234 4]

1 minute ago, Sandra93 said:

Lyn1234,

Did you submit I-360 only or did you submit I-485 and I-765 at the same time?

Sandra93, I submitted I360, 1485, etc..