VAWA, Part 8

[Kool76 1]

@sadness1

Yes i received the Prima Facie...I got two rfe one before prima facie and one after that i replied to both 

[Tortmaster 75]

3 hours ago, sandranj said:

Totmaster the time that you lived together is "the time That you lived together",if he is incarcerated you are not living together.

 

You said when he leaves he will come home.I am not following you, did you file a Vawa petition? because VAWA was create for victims of abuse  to  flee from abuse and gain status in the U.S, and not just to receive a green card. You can file VAWA when still living with him, but USCIS might deny your GC if he is living with you when you attend the AOS interview based in VAWA.

Thank you Sandra. He has been incacerated since November, do I need to send a correction to USCIS? I explained in the affidavit that he is in jail but that question tripped me up, all his stuff is in our place still and he was living there before he went to jail, i know he will have nowhere else to go when he gets out. Believe me, i am not trying to stay with him, his own mother wrote an affidavit for me explaining the abuse my daughter and I have suffered. Once i can get work I will find my own place. Thank you for all your help

[resignedtoinswhim 8]

SandraNJ,

I am putting together my N400 application based on LPR by reason of I-360, if abusive spouse naturalizes after approval of Form I-360. I haven't found naturalization thread specific to I-360. I have following questions:

 

1. Do I need to submit marriage certificate to the abusive spouse? Or only Divorce decree. Any other document that I need to submit specific to I-360 case? I am including approval letter for I-360. (I have no other marriages)

 

2. I am custodial parent, the child lives me and I receive child support. Should I still submit Custody and child support order?  (Doc checklist require only for non custodial)

 

3. I have not traveled out of the country in past 3 years and have paid my taxes and nothing owed my me. Do I still submit past 3 years of tax returns?

 

4. Document checklist do not mention my birth certificate and copy of passport. Should I still include my birth certificate and copy of passport with the application?

 

Would appreciate if you can clarify these. Thanks.

[Sandra G. 5,047]

Totomaster what you  want to do  may have serious implications against you, You mentioned that  he abused his daughter too, how on earth  are you going to allow him to return  home after  he abused his child?  He doesn't have a place to go... well screw him...who cares? If the social services finds out that  you  put  your  child in danger  then you  are screwed . YOU are responsible  for your daughter safety!.

 

Second  it will not seat well with USCIS that you will allow him to return  home after he spent jail timebecause he battered  his ex gf. He has his mother to go, he is adult and we have homeless  shelters,you  should be concern about your  daughter safety  not about this scumbag. 

Edited January 12, 2017 by sandranj

[Sandra G. 5,047]

resignestowhim you asked me through pm the question regarding naturalization and yesterday I answered you. As stated by USCIS you need to submit proof  that  your spouse/former spouse has been a U.S Citizen for the last 3 years

https://www.uscis.gov/sites/default/files/files/article/attachments.pdf

 

If you are the custodian parent you don't have to submit  the child support order but submit the custodian order.

 

Yes submit the IRS transcripts from the past  3 years.  

[sadness1 8]

On 1/12/2017 at 11:02 AM, Kool76 said:

@sadness1

Yes i received the Prima Facie...I got two rfe one before prima facie and one after that i replied to both 

What did they ask you on your second rfe?

[Kool76 1]

37 minutes ago, sadness1 said:

What did they ask you on your second rfe?

They asked for shared residence

[Tortmaster 75]

Thanks Sandra.

The anxiety is already killing me and I know i'm only starting. So I submitted my I-360 only on January 5 2016. Nothing yet. If I get a prima facie can I then apply for an EAD or do I have to wait for the actual I-360  approval?

[genius2003_3 0]

Hello guys, I'm new to the Forum i have been reading a lot of your post about VAWA, here is a Little about me I am from Peru i came to the states on J1 no 2 years restriction.

I met  my wife still ( i haven't file for divorce ). we met on 2014 and we got married on JAN 2015 we moved in together because at the time she was living 3 hours from Dallas. everything went well, until she didn't want to work and she always dropped jobs (10 total) using excuses like  I'm tired until i find out that she owed 15000 on child support.... she started to treat really bad and hit me couples times and verbally attack me like words i am a US citizen you're not from here, making fun of my accent.  i got one witness  and he told to go the police but i dint go because  she threaded that if i go to the Police she was going call USCIS and tell them i was here illegally ( we filed for AOS).

I filled taxes it was myself as a head of household because we were raising her daughter so i have to claim baby girl and my self since all 2015 she didn't work. i gave her all my money taxes pretty much and she tired to use my credit to get a loan they called me and i said no that was not me.

 

We  ended up going to the interview everything well ok.  but she came back for something and that is the moment that she withdraw my I-130 that day of the interview she wait for almost 3 months changed the address of the I-130 to somewhere else. so i don't suspect anything. She move out with all my stuff and i never saw her again. So now i am on removal proceedings.  i got a lawyer i have all the I-360 package but we are waiting on my FOIA we want to know what she said on the interview...... my questions is to everybody, Sandranl that  i need to work my EAD is expired and my extension was denied because of what she did. can i get my EAD while i am waiting for my I-360? can i file for I-485 and I-765 with that form evidence of financial hardship  simultaneously. if i can when do i do that ? after the prima facial,  i really want to keep working i hope everybody help me with your comments and suggestions.

 

Thank you

[gramercy 141]

genius2003_3

You said your spouse is a US citizen, so you may file the forms concurrently  (I-360, I-485, I-765 &  I-131)  you don't need to wait for the prima facie to file, but it will take time.

Edited January 15, 2017 by gramercy

[genius2003_3 0]

Gramercy yes she is a US citizen, can i use the same withdrawn applications ( I-131, I-485)  or i will be a new one also i dont have the money to pay for the I-485 there is any way that the few can be waived? what about the I-765?

[genius2003_3 0]

i just realize that I-131 has a fee as well can i use I-912 on both applications I-485,I-131 thank you 

[Sandra G. 5,047]

Genius2003 you  are in removal proceedings then USCIS CANNOT adjudicate  your AOS,you  must have the removal administratively closed or terminated. You can have the VAWA approved but USCIS won't be able to adjudicate your  adjustment  of status or even issue you the work permit.  TALK to your  attorney  to have the  AOS  adjudicated by USCIS not by the immigration judge.

[genius2003_3 0]

Sandra what do you mean adjudicated? Im sorry but this is a new world for me? i will talk to him and ask him to adjudicated my AOS 

 

in another words i cannot file simultaneously I-485,I-130 and I- 765 just because i am on removal proceedings?

[genius2003_3 0]

what will be the different if the ask the Judge instead of USCIS?