VAWA, Part 8

[Never_Give_Up 6]

27 minutes ago, Elena martinez said:

Hello I have a question regarding my i360..on October 12.2016 the vermont service center recieved my i360 and waived my fee..I also included my i485 along with it..since I am married to a us citizen and he had previously petitioned for me back in 2012..my i485 was denied..I thought you could apply for both i360 and i485 at the same time?..I have so far only received my i797 receipt notice back in November 2016..its been about 8 months and have not received a prima facie notice or any other notices..no finger prints no nothing..has any body else has had a similar case to mine?I did all the paperwork by myself since I cannot afford a lawyer..also what are my chances of getting approved..I have no criminal record..I included restrainnig orders..anger management papers when my husband had to do the classes..police reports form 2012..will it not validate since the abuse recorded was from 2011 and 2012?also I had spoke to a lawyer and she had told me I could also fix my status since I have a 4 year old with a disability is that true??what are my chances of getting approved since I also included my child medical records with my petition..

 

I really do think that it is truly unfair to keep people waiting for so long, while kept in limbo and unable to move forward with their lives. Each month, it feels as though the processing times are getting longer and longer. This time last year, the processing times were showing as 5 months on the USCIS website, but now many are waiting over a year without hearing anything back. As a community, I am starting to think that it would be wise for us to get in touch with our local Congressmen and Senators to draw attention to how long this process is taking, and the effect that such a long process has on those who are seeking relief under the VAWA bill. It can't hurt, and maybe they will be able to push for some policy changes. Any thoughts?

[Ms.Green 30]

26 minutes ago, Never_Give_Up said:

I really do think that it is truly unfair to keep people waiting for so long, while kept in limbo and unable to move forward with their lives. Each month, it feels as though the processing times are getting longer and longer. This time last year, the processing times were showing as 5 months on the USCIS website, but now many are waiting over a year without hearing anything back. As a community, I am starting to think that it would be wise for us to get in touch with our local Congressmen and Senators to draw attention to how long this process is taking, and the effect that such a long process has on those who are seeking relief under the VAWA bill. It can't hurt, and maybe they will be able to push for some policy changes. Any thoughts?

While I agree that the wait time is just getting longer and longer, I like to think that we should be patient and remember that there are more people who wait even longer. Imagine all the refugees running away from war, victims of crime, or sex trafficking. I recently met a 13 year old girl that was sold by her parents and then used for child porn. I am more happy to wait longer if it means that people like that get a chance in life before me.

 

In regards to changing the situation, I don't think contacting politicians will change anything anytime soon. To make changes nation wide, will take at least 5 years. Plus keep in mind that there has been an increase in immigration cases due to President Trumps election. People are scared, therefore try applying for anything they can. The one thing all of us can do is fight back by getting involved. I personally started volunteering A LOT during any kind of elections. Since I cannot vote, I thought, I'll at least help elect the people that will make decisions that will affect me and all of us. By getting involved through volunteering you do meet quite a bit of influential people. If we talk about our situations and how difficult it is, something might start happening. But remember Immigration reforms are nation wide, so the White House makes all the decisions. 

 

I say lets all stay strong and not forget what we had to endure. That way help others escape and prevent it from happening to someone else.

 

Sending lots of love to everyone and will go and be paranoid in some corner until tomorrow.

[Elena martinez 0]

4 minutes ago, Ms.Green said:

Hi Elena,

 

Good thing you filed for VAWA. They will not deny it, they might just ask for more proof if anything is missing which is normal if you did it on your own. If you provide sufficient evidence to their requests they will approve it. You can always write a letter to Vermont Service Center asking for an update, but do not expect to hear back, since it has only been 9 months. Some people wait for 2, I've even seen 3 years.

 

Try resubmitting the i485 and i765 along with a copy of the receipt notice from i360. You are not receiving any biometrics or interviews because the i485 was denied. 

 

I've heard that you can apply for a visa having a child with disabilities, but I am not sure that will be easier than just applying for VAWA. 

 

I applied for VAWA first and got my receipt along with the prima facie on the 25th of October, 2016. Then I had to wait, since I had no money to pay my attorney and then just ended up borrowing some money to pay for the AOS and EAD and filed everything at the end of December (I really needed a job, could barely feed myself). Then in February I received my EAD and am still waiting on my VAWA case. Have heard nothing in regards to it.

 

I submitted a police report, 911 call transcripts, restraining order, divorce paperwork, pictures of us, me with his family, him with mine, bruises, text and email conversations, him admitting to the abuse in an email, FBI clearance, I even did a hair drug test, cause in the divorce paperwork he mentioned that I am an addict (figured since he said I'm a drug addict I'll just add that in there to prove that I am not), mail that I received to our address, affidavits testifying of the abuse and that we resided together. I am still gathering more paperwork just in case. I got affidavits from my parents that he would visit them and that they helped him financially, that he tried to extort them after I left, affidavits from friends that had to get him out of jail for vandalism in my country, psychological evaluation (I tried killing myself back in June 2016). Just everything I can think of, so I would not be terrified when I receive and RFE or INTENT TO DENY.

 

I hope this helps.

I have not recieved any rfe request either.when I filed the 1360 I included in the package my i485 along with it,I included my receipt notice from my i130 which I thought that's what I had to do..but they returned my i485 with a note that said "please resubmit your i485 with a copy of an i797 approval notice establishing that you are a beneficiary of a pending or approved immigrant visa petition which would make a visa immediately available to you or that you are otherwise eligible to adjust status to that of a lawful permanent resident".I'm so confused I thought the i797 for the i130 would be enough..and  ever since then I haven't tried submitting the i1485 since I thought I now needed to wait to get approved for the vawa first..I didn't knw I could submit it with my i360 notice of receipt..well that's good news..I will try rwsubmitting the i485 along with the vawa receipt notice..so you were able to send it later in December? Will I need a lawyer to resubmit it as well? Since I take care of my disabled child 24/7 I can't work and have no money for the fees..is there a few waiver for the ead and aos?do you advice me doing it on my own?or should I just wait for my vawa to get approved?

 

I only submitted my police clearance report ,pictures of me and him,our kids,my sons dr. Letters.restraining orders police reports from abuse and him damaging my belongings..I didn't submit no affidavit reports from friends or family members although I have many witnesses of his abuse towards me..I didn't want to bother people with my problems by asking them to write me letters also because I stopped talking to all my friends and family members cause my husband wouldn't let me out the house and didn't want me socialising with anybody..I also included reports of when he got locked up for having firearms in our room..which I hope it helps since he ended doing time for that and is now on felony probation..sorry to hear about the situations he put you through..i went trough pretty much the same with my husband..suicidal thoughts and all as well..the letter I wrote describingof how everything went with the abuse was about 7 pages long..I took me about a month to gather everything I was in a rush to get my application mailed in..although I should of sent in more info and affidavits..I just hope it helps..and regarding the visa through my child i don't want to risk it since I have no way of paying a lawyer..thanks for you help!and best of lucks:)

[Ms.Green 30]

2 minutes ago, Elena martinez said:

I have not recieved any rfe request either.when I filed the 1360 I included in the package my i485 along with it,I included my receipt notice from my i130 which I thought that's what I had to do..but they returned my i485 with a note that said "please resubmit your i485 with a copy of an i797 approval notice establishing that you are a beneficiary of a pending or approved immigrant visa petition which would make a visa immediately available to you or that you are otherwise eligible to adjust status to that of a lawful permanent resident".I'm so confused I thought the i797 for the i130 would be enough..and  ever since then I haven't tried submitting the i1485 since I thought I now needed to wait to get approved for the vawa first..I didn't knw I could submit it with my i360 notice of receipt..well that's good news..I will try rwsubmitting the i485 along with the vawa receipt notice..so you were able to send it later in December? Will I need a lawyer to resubmit it as well? Since I take care of my disabled child 24/7 I can't work and have no money for the fees..is there a few waiver for the ead and aos?do you advice me doing it on my own?or should I just wait for my vawa to get approved?

 

I only submitted my police clearance report ,pictures of me and him,our kids,my sons dr. Letters.restraining orders police reports from abuse and him damaging my belongings..I didn't submit no affidavit reports from friends or family members although I have many witnesses of his abuse towards me..I didn't want to bother people with my problems by asking them to write me letters also because I stopped talking to all my friends and family members cause my husband wouldn't let me out the house and didn't want me socialising with anybody..I also included reports of when he got locked up for having firearms in our room..which I hope it helps since he ended doing time for that and is now on felony probation..sorry to hear about the situations he put you through..i went trough pretty much the same with my husband..suicidal thoughts and all as well..the letter I wrote describingof how everything went with the abuse was about 7 pages long..I took me about a month to gather everything I was in a rush to get my application mailed in..although I should of sent in more info and affidavits..I just hope it helps..and regarding the visa through my child i don't want to risk it since I have no way of paying a lawyer..thanks for you help!and best of lucks:)

You can get the fees waived. Just make sure, when submitting the AOS and EAD forms include the fee waiver form for each separately. Include a copy of your receipt notice with the i485 (not needed for i765), and mark that you are applying for a work permit under section c9 which will allow you to receive the card in hand after about 90 days. 

 

If you do not work, I would recommend doing it on your own. I hired an attorney, cause I felt like a 2 year old, did not know where I am or what is happening. No shelters would help me, did not know about public attorneys. I mean I was clueless. Money was the biggest reason why I did not file earlier. Do not make the same mistake. I am still paying people back.

 

I think you have a strong case and do not worry about the VAWA, they accepted it and t just means that they will 

a) simply approve it

b) request for evidence (which is perfectly fine)

 

I just recommend take you time, write to sandranj and all will be fine. I feel you have more proof than most of us here.

[Elena martinez 0]

1 hour ago, Ms.Green said:

You can get the fees waived. Just make sure, when submitting the AOS and EAD forms include the fee waiver form for each separately. Include a copy of your receipt notice with the i485 (not needed for i765), and mark that you are applying for a work permit under section c9 which will allow you to receive the card in hand after about 90 days. 

 

If you do not work, I would recommend doing it on your own. I hired an attorney, cause I felt like a 2 year old, did not know where I am or what is happening. No shelters would help me, did not know about public attorneys. I mean I was clueless. Money was the biggest reason why I did not file earlier. Do not make the same mistake. I am still paying people back.

 

I think you have a strong case and do not worry about the VAWA, they accepted it and t just means that they will 

a) simply approve it

b) request for evidence (which is perfectly fine)

 

I just recommend take you time, write to sandranj and all will be fine. I feel you have more proof than most of us here.

So I can send my i797 vawa notice along with the i485 and ead and a fee waiver for both and they won't sent it back? what other paperwork do I have to send along with that..also when I was a minor I was driving my parents vehicle and had some friends in my car who told me to stop by at a target and with out knowing they broke into a car and stole a stereo..I got tooken into juvenile hall for a few hours and waited until my mother picked me up..I didn't get arrested there and there but the police went to my house free weeks later since they had gotten my plates and they arrested me..but the case was dismissed and only got juvenille probation for a few months and a fine? But it was dropped to a misdemeanor..will that affect my i485?although that incident happened back in 2009 when I was a minor..but ever since then I haven't gotten in trouble with the law..but I'm scared they might point it out..do I have to provide any paperwork from that incident in the i485 packet?since they do ask if you ever been arrested and stuff..although when I got my police clearance report it didn't come out? Also when they ask if you ever got government assistance? I'm receiving food stamps for my oldest son and s.s.i for my youngest..the only assistance  I have got from the goverment has been emergency medical and a government free phone for myself? Will all that also affect it?and do I need to explain that in the i485 packet?and I feel like my case is not as strong since I didn't provide any affidavits..and yes Its really stressful having to do the process on our own with out any money with any legal help..but we must not give up and try our best..

Edited July 12, 2017 by Elena martinez

[Sandra G. 5,057]

18 hours ago, ILvisajourney said:

Hello everyone

 

I have question.

 

I have separated from the abuser since 2016, and filed vawa sept. 2016, but not divorced yet.(because he refused to divorced)

 

 

I have met a new BF and have a new relationship with my new BF since 2017, now pregnant. 

 

my questions is, if I'm have baby with the new BF after separated from abuser while vawa pending, will that effect my I-360 or I-485 approval?

 

Thanks for your time!

 

 

If he refuses for file for divorce you should  file tho.

 

Having a child before vawa approval will not be a  prpblemt, but if you get married before vawa approval your Vawa will be denied .

 

[Sandra G. 5,057]

16 hours ago, Elena martinez said:

Hello I have a question regarding my i360..on October 12.2016 the vermont service center recieved my i360 and waived my fee..I also included my i485 along with it..since I am married to a us citizen and he had previously petitioned for me back in 2012..my i485 was denied..I thought you could apply for both i360 and i485 at the same time?..I have so far only received my i797 receipt notice back in November 2016..its been about 8 months and have not received a prima facie notice or any other notices..no finger prints no nothing..has any body else has had a similar case to mine?I did all the paperwork by myself since I cannot afford a lawyer..also what are my chances of getting approved..I have no criminal record..I included restrainnig orders..anger management papers when my husband had to do the classes..police reports form 2012..will it not validate since the abuse recorded was from 2011 and 2012?also I had spoke to a lawyer and she had told me I could also fix my status since I have a 4 year old with a disability is that true??what are my chances of getting approved since I also included my child medical records with my petition..

 

Uscis doesn't issue Pima facie to all cases. Once you  filed AOS you should at least get fhe fingerprints letter. 

 

Your vawa will not be approved because your child has some disability.  It does exist a  law regariding this, to get a GC because of the child disability.  I saw one case last yours last year.

 

It  seems you  have enouth proof of the abuse.

[Elena martinez 0]

@sandranj thank you very much for your response..so I can actually submit my i485 while my i360 is pending?in married to a citizen..what would I have to include in the i485 packet? I probably would need a lawyer if I were to try to apply trough my child right?

[Sandra G. 5,057]

19 hours ago, Never_Give_Up said:

I really do think that it is truly unfair to keep people waiting for so long, while kept in limbo and unable to move forward with their lives. Each month, it feels as though the processing times are getting longer and longer. This time last year, the processing times were showing as 5 months on the USCIS website, but now many are waiting over a year without hearing anything back. As a community, I am starting to think that it would be wise for us to get in touch with our local Congressmen and Senators to draw attention to how long this process is taking, and the effect that such a long process has on those who are seeking relief under the VAWA bill. It can't hurt, and maybe they will be able to push for some policy changes. Any thoughts?

 

 

 

 

I understand that you feel aggravated with the waiting time, but until 2012 VAWA used to take 2 years to be adjudicated, now it takes 7/9 months. Nobody will be homeless or hungry in this Country because we have shelters for victims of domestic violence. What America is doing to help the victims of domestic violence is remarkable, because most Countries in the worlds do not have any Law to protect the survivors. We have here thousands of human trafficking cases per year and the VAWA unit adjudicates all their cases.

 

We should cherish each moment in this Country despite all adversities.

Edited July 12, 2017 by sandranj

[Sandra G. 5,057]

19 hours ago, Elena martinez said:

I have not recieved any rfe request either.when I filed the 1360 I included in the package my i485 along with it,I included my receipt notice from my i130 which I thought that's what I had to do..but they returned my i485 with a note that said "please resubmit your i485 with a copy of an i797 approval notice establishing that you are a beneficiary of a pending or approved immigrant visa petition which would make a visa immediately available to you or that you are otherwise eligible to adjust status to that of a lawful permanent resident".I'm so confused I thought the i797 for the i130 would be enough..and  ever since then I haven't tried submitting the i1485 since I thought I now needed to wait to get approved for the vawa first..I didn't knw I could submit it with my i360 notice of receipt..well that's good news..I will try rwsubmitting the i485 along with the vawa receipt notice..so you were able to send it later in December? Will I need a lawyer to resubmit it as well? Since I take care of my disabled child 24/7 I can't work and have no money for the fees..is there a few waiver for the ead and aos?do you advice me doing it on my own?or should I just wait for my vawa to get approved?

 

I only submitted my police clearance report ,pictures of me and him,our kids,my sons dr. Letters.restraining orders police reports from abuse and him damaging my belongings..I didn't submit no affidavit reports from friends or family members although I have many witnesses of his abuse towards me..I didn't want to bother people with my problems by asking them to write me letters also because I stopped talking to all my friends and family members cause my husband wouldn't let me out the house and didn't want me socialising with anybody..I also included reports of when he got locked up for having firearms in our room..which I hope it helps since he ended doing time for that and is now on felony probation..sorry to hear about the situations he put you through..i went trough pretty much the same with my husband..suicidal thoughts and all as well..the letter I wrote describingof how everything went with the abuse was about 7 pages long..I took me about a month to gather everything I was in a rush to get my application mailed in..although I should of sent in more info and affidavits..I just hope it helps..and regarding the visa through my child i don't want to risk it since I have no way of paying a lawyer..thanks for you help!and best of lucks:)

 

You can file form I-912 and you don't have to pay USCIS fees. You don't need an attorney to submit the AOS but if an attorney filed your I-360 you should inform the professional that you will file for AOS.

 

It's up t you if you want to file now or to wait.If your case is not a strong case then wait, but considering what you posted here it seems your case is strong.

[Sandra G. 5,057]

18 hours ago, Elena martinez said:

So I can send my i797 vawa notice along with the i485 and ead and a fee waiver for both and they won't sent it back? what other paperwork do I have to send along with that..also when I was a minor I was driving my parents vehicle and had some friends in my car who told me to stop by at a target and with out knowing they broke into a car and stole a stereo..I got tooken into juvenile hall for a few hours and waited until my mother picked me up..I didn't get arrested there and there but the police went to my house free weeks later since they had gotten my plates and they arrested me..but the case was dismissed and only got juvenille probation for a few months and a fine? But it was dropped to a misdemeanor..will that affect my i485?although that incident happened back in 2009 when I was a minor..but ever since then I haven't gotten in trouble with the law..but I'm scared they might point it out..do I have to provide any paperwork from that incident in the i485 packet?since they do ask if you ever been arrested and stuff..although when I got my police clearance report it didn't come out? Also when they ask if you ever got government assistance? I'm receiving food stamps for my oldest son and s.s.i for my youngest..the only assistance  I have got from the goverment has been emergency medical and a government free phone for myself? Will all that also affect it?and do I need to explain that in the i485 packet?and I feel like my case is not as strong since I didn't provide any affidavits..and yes Its really stressful having to do the process on our own with out any money with any legal help..but we must not give up and try our best..

 

You need to get a  court disposition certified regarding your arrest to submit along with form I-485. 

 

If your husband is a  US CITIZEN you can file forms I-485, G325A, I-864W, I-765, I-131(optional) I-912, plus documents such as a copy of your birth certificate and translation, copy of your marriage certificate, copy of the divorce decree (if any), copy of your child's birth certificate, copy of your passport, copy of his U.S birth certificate  or  a copy of the certificate of  naturalization, if he is naturalized, 4 passport pictures, I-797 regarding your VAWA petition, and submit form G1145  as well. The medical exam you can submit later on later on.

 

If USCIS decides that they need more proof of a bonafide marriage or abuse they will issue an RFE and you will have 87 days to gather all documents necessary to submit to answer the RFE. You are not receiving public benefits for yourself but for your kids, don't worry about it. You should inform your attorney that you will file for adjustment of status.You have to submit to VSC .  If you decide to file for AOS  and your VAWA is denied l you will be removed from the US.

 

Regarding applying for a green card because your child is disabled you need an attorney, it's a very complicated Law and I saw two cases in 20 years, many people do not know about it.

Edited July 12, 2017 by sandranj

[Faith38 37]

Sandranj, I want say thank you over the years for helping me when I was at my lowest point in my life. I filed for my citizenship and waiting for my interview next week. I just want to say hang in there guys everything will get better from here on this is a very good forum , I have remarry to a wonderful man it's like night and day . I wish everyone a speedy process.

[woody007 2]

On 7/10/2017 at 4:07 PM, Goodluck2017 said:

Has your AOS interview been scheduled already?

I Already file for AOS

wait for priority date o interview 

 

[woody007 2]

1 hour ago, Faith38 said:

Sandranj, I want say thank you over the years for helping me when I was at my lowest point in my life. I filed for my citizenship and waiting for my interview next week. I just want to say hang in there guys everything will get better from here on this is a very good forum , I have remarry to a wonderful man it's like night and day . I wish everyone a speedy process.

When you file for citizenship. The document is the same as regular?

please advise document they need?

[Elena martinez 0]

@sandranj oh wow that's a whole lot of petitions I need to file for my i485.when I attempted to apply for the i485 along with i360 I didn't include any of those applications in the packet..thats maybe why they didn't accept my i485 and they sent it back..also for my birth certificate I never got it translated..where can I go get it translated?would that be an issue if I sent it in Spanish?and regarding the process through my child i rather not mesa with that unless that's my last option since I do not have a lawyer..I did my i360 process on my own since I cannot afford to hire one..I think I will also wait to see if I get approved for my i360 I do not want to risk getting into deportation removal.