VAWA, Part 8

[Villanelle 4,122]

18 hours ago, Pinkrlion said:

Collecting documents for all of this evidence is a daily chore.  Geesh!!!

 

Question:  for the I-912, we are getting a letter from WIC, and submitting copies of 2016 W-2's.  Should we send anything else as evidence?

 Did you read all the instructions? I know its kind of confusing! You can check off one or more basis for the fee waiver request. They each have different things required to be submitted as proof.

 

Now you mention WIC- and thats a tricky one. Technically WIC is a means tested program- so since she gets that, it would be item 1 part one, and section 4. As long as you have a letter that meets the guidelines in the instructions you 'should' be fine. (The fee waiver stuff is a bit silly, it never says WILL be approved, but rather SHOULD. I guess they dont like to make promises!) You probably noticed that WIC isnt listed in any of the forms where they list out other means tested benefits like medicaid/snap etc. This is (probably) because WIC has a broad income allowance. I believe it goes up to 185%.

 

On the fee waiver form the next section you could qualify under is if you are below 150%. So right there is the contradiction. You can get WIC and be earning more then 150%, From my limited understanding of the topic USCIS has been SILENT on the issue. They are 'covered' by stating things like I said before 'should be approved- no guarantees'. 

 

Now theres nothing from stopping you from filling out the fee waiver form with more then one basis. If she gets both WIC and her income is under 150% you can do both sections. But I believe the under 150 section requires more then just W2s, you need the tax return. Check the instructions because I am not entirely sure whats needed for it. 

 

If you WIC lists the income (and its under 150) you can just check off the means tested basis. That only needs the letter but you can also include the W2s if you want. Its only if you check off the under 150 basis also that you need to gather more stuff. Does that make sense? Basically its ok to send extra things for each basis, but once you select the basis you must send the minimum docs for it. So be deliberate in what you choose. 

[Hopeful diva 99]

57 minutes ago, Sandra93 said:

I don't think she's eligible to apply for a new EAD until she has a new I-485 pending.

 

The previous one was denied because her husband withdrew his affidavit of support. We get our EAD's based on pending AOS. She has to have a pending AOS to be able to get EAD.

True! 

[gramercy 141]

2 hours ago, Sandra93 said:

I don't think she's eligible to apply for a new EAD until she has a new I-485 pending.

 

The previous one was denied because her husband withdrew his affidavit of support. We get our EAD's based on pending AOS. She has to have a pending AOS to be able to get EAD.

The member knows that she's submitting both

Edited April 4, 2017 by gramercy

[sadness1 8]

5 hours ago, sandranj said:

USCIS is adjudicating VAWA petitions  received in July 2016. Last week 4 people that I helped went to infopass and they found out that their VAWA cases were approved a few months ago, one person went to the AOS interview and she didn't know that her case was approved, two others had their cases already with the NBC.It seems that USCIS is screwing up big time.

 

Set up an appointment with infopass to inquire about your case and contact your congress person as well.

Hello guys! Just wondering how long is it taking for the EAD to arrive from received date (filed on march after i-360 approval which was on feb.)

and how long after EAD received to AOS interview? (Again, file after i-360 approval on feb)

or how do i check this info myself thank you!

[Cameron.xyz 10]

3 hours ago, Sandra93 said:

I don't think she's eligible to apply for a new EAD until she has a new I-485 pending.

 

The previous one was denied because her husband withdrew his affidavit of support. We get our EAD's based on pending AOS. She has to have a pending AOS to be able to get EAD.

Hi, thank you all! Everything's been insightful.  Like how I've always felt, with this VAWA I feel like a driftwood thrown into the ocean and hit by waves left and right. So thank you for all the info. Just to double check, Here's what I need to submit? (Because my husband is an American citizen.)

 

I-765, I-131, I-485, I-864 together with I-912 

 

And since I listed one minor in my 1-360 I will need to submit a separate I-485 for her? 

[Sandra G. 5,057]

1 hour ago, Cameron.xyz said:

Hi, thank you all! Everything's been insightful.  Like how I've always felt, with this VAWA I feel like a driftwood thrown into the ocean and hit by waves left and right. So thank you for all the info. Just to double check, Here's what I need to submit? (Because my husband is an American citizen.)

 

I-765, I-131, I-485, I-864 together with I-912 

 

And since I listed one minor in my 1-360 I will need to submit a separate I-485 for her? 

 

 

You have to submit I-864W NOT I-864, G325A and file G1145 to receive updates of your case. You should list your daughter in your I-360 and when the I-360 is approved then she has to submit I-485, I-864W and G325A and I-693 to pay the USCIS fees or to file I-912, you can wait to submit your  I-693 now .

 

If you don't have a police report or hospital record stating the abuse or you are not in a shelter then you need to submit a psychological evaluation ok.

 

Keep in mind that in case of  AOS denial you will be removed from the U.S

Edited April 4, 2017 by sandranj

[Amaya1022 0]

52 minutes ago, sandranj said:

You have to submit I-864W NOT I-864, G325A and file G1145 to receive updates of your case. You should list your daughter in your I-360 and when the I-360 is approved then she has to submit I-485, I-864W and G325A and I-693 to pay the USCIS fees or to file I-912, you can wait to submit your  I-693 now .

 

If you don't have a police report or hospital record stating the abuse or you are not in a shelter then you need to submit a psychological evaluation ok.

 

Keep in mind that in case of  AOS denial you will be removed from the U.S

Sandra I don't have a police report or a hospital I do have a family court stay away order and also a letter from social services stating the abuse do you think that will be enough? 

[Pinkrlion 2,724]

6 hours ago, Damara said:

 Did you read all the instructions? I know its kind of confusing! You can check off one or more basis for the fee waiver request. They each have different things required to be submitted as proof.

 

Now you mention WIC- and thats a tricky one. Technically WIC is a means tested program- so since she gets that, it would be item 1 part one, and section 4. As long as you have a letter that meets the guidelines in the instructions you 'should' be fine. (The fee waiver stuff is a bit silly, it never says WILL be approved, but rather SHOULD. I guess they dont like to make promises!) You probably noticed that WIC isnt listed in any of the forms where they list out other means tested benefits like medicaid/snap etc. This is (probably) because WIC has a broad income allowance. I believe it goes up to 185%.

 

On the fee waiver form the next section you could qualify under is if you are below 150%. So right there is the contradiction. You can get WIC and be earning more then 150%, From my limited understanding of the topic USCIS has been SILENT on the issue. They are 'covered' by stating things like I said before 'should be approved- no guarantees'. 

 

Now theres nothing from stopping you from filling out the fee waiver form with more then one basis. If she gets both WIC and her income is under 150% you can do both sections. But I believe the under 150 section requires more then just W2s, you need the tax return. Check the instructions because I am not entirely sure whats needed for it. 

 

If you WIC lists the income (and its under 150) you can just check off the means tested basis. That only needs the letter but you can also include the W2s if you want. Its only if you check off the under 150 basis also that you need to gather more stuff. Does that make sense? Basically its ok to send extra things for each basis, but once you select the basis you must send the minimum docs for it. So be deliberate in what you choose. 

Thanks this helped immensely. 

[Sandra G. 5,057]

2 hours ago, Amaya1022 said:

Sandra I don't have a police report or a hospital I do have a family court stay away order and also a letter from social services stating the abuse do you think that will be enough? 

1

If the restraining order is still valid then you will be fine, if it's expired you may have a problem, well  it depends on what the social services wrote in the papers.

[rayofhope 34]

 

Quick update in my case . I had sent prima facie renewal letter to vsc and today got a notification from them that they had received my correspondence and it is under initial review and if they need something they will let me know and i.e. for my biometrics . Now I have confusion whether they are preparing to send me a RFE and 5 months and 24 days. Does anyone has got this kind of Initial Review and what does it mean. Please help me out as I am so scared

 

Edited April 5, 2017 by rayofhope
Timeline - 5 months and 24 days

[gramercy 141]

10 minutes ago, rayofhope said:

 

Quick update in my case . I had sent prima facie renewal letter to vsc and today got a notification from them that they had received my correspondence and it is under initial review and if they need something they will let me know and i.e. for my biometrics . Now I have confusion whether they are preparing to send me a RFE and 5 months and 24 days. Does anyone has got this kind of Initial Review and what does it mean. Please help me out as I am so scared

 

It just means the document you sent has been received and added to your file for review.

I had the same status update when I sent a document a couple of months ago (for a different matter though)

[Amaya1022 0]

40 minutes ago, sandranj said:

If the restraining order is still valid then you will be fine, if it's expired you may have a problem, well  it depends on what the social services wrote in the papers.

It's still valid for another year and they basically said that there was abuse let me see if I can take a picture and send it to you ? 

[rayofhope 34]

2 minutes ago, gramercy said:

just means the document you sent has been received and added to your file for review.

I had the same status update when I sent a document a couple of months ago (for a different matter though)

Thx Gramercy but i am worried as it says they will send me notice for biometrics but my biometrics is already done 4 months back will they again take finger

prints. this is the first notification i have received since filing and finger print was taken.

 

[gramercy 141]

1 minute ago, rayofhope said:

Thx Gramercy but i am worried as it says they will send me notice for biometrics but my biometrics is already done 4 months back will they again take finger

prints. this is the first notification i have received since filing and finger print was taken.

 

Not sure what you mean!

You did biometrics for I-485 and that's done and over with!  so why are you worried????

This update is for I-360 regarding your prima facie renewal request 

[Cameron.xyz 10]

5 hours ago, sandranj said:

You have to submit I-864W NOT I-864, G325A and file G1145 to receive updates of your case. You should list your daughter in your I-360 and when the I-360 is approved then she has to submit I-485, I-864W and G325A and I-693 to pay the USCIS fees or to file I-912, you can wait to submit your  I-693 now .

 

If you don't have a police report or hospital record stating the abuse or you are not in a shelter then you need to submit a psychological evaluation ok.

 

Keep in mind that in case of  AOS denial you will be removed from the U.S

Hi Sandra, thank you. Yes, I submitted hospital records and psychological evaluation. But still, I  feel a lot of uncertainty. Because we have a child too and if I get deported like what happens to the child. I mean, just a lot of things i am afraid of.