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SUicidaL-3876

It's 2017.I been waiting on i-360 (VAWA) decision for almost 2 years

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Filed: Other Country: Canada
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On 11/4/2017 at 8:34 AM, Rp1 said:

Hi there how are you? Did you get your i360 approved yet? Please tell me you heard something and what was the RFE about?

 

My concurrently filing 360 485 765 131 has been pending 8 mos now only because there's an error on uscis side with my case, in mid July I found out they mix me and my twin files up. I made an info pass went in spoke to a supervisor who said they fixed it towards the end of August it still wasn't fix. I contacted my Congress office 8/23, 8/24 they emailed Vermont. 8/25 I got update they mail me a RFE after 6 mos for additional info on 360 we pause your case until we hear from you. I got notice  2 wks later it was some basic info they needed and i did have a new A# so they correct their error. I contacted my Congress office that I got an update.10/11 Congress emailed me that they contacted Vermont again since more than 30 days passed and they didn't update them on my case since 8/29 (I thought it was done since I got a new A#) 10/17 they received my info and will start work on my case again and will mail me desicion soon. 10/27 Congress email me that Vermont now called her to say they see their administrative error and how our files got mixed up and that it will take 2 wks to correct our files, the officer did clarify we had different A# now. She said she will emailed them in 2wks to make sure it's done. Mind you my sis been USC since 2014 how they made that error I don't know it's just ppl there not doing their jobs. Yesterday I called customer service to ask since they recieved my RFE when should I r ecieve an update on my case I told her all that transpired with my case she was shock and said it's crazy and why I haven't got my decision yet on 765 it's been way too long so she put in another request to tell tell them they need to make a desicion as she called out the A# is still my sis I told her I got a new one on my last notice she asked me for it and that an officer called and clarified we now had differ #s. She put in the request my new a# and let them know it was change and they need to fix it in the system. This all what I've been through but I have Congress actively on it and my case is moving along not the way I want it too but it's moving. I'm going to hear an update this month. An officer told me I should of already have permit since June early July my FBI check came back on 6/8.

They make errors all the time, its ridiculous. They mailed my RFE to the wrong address  . Even my attorneys copy was sent to the wrong address. The worst part is that they didn't bother to resend it after we told them. We had to trace where it was sent because these RFEs have deadlines. We wasted like 30 days. They needed tax transcripts. I am still within the 60 days since submission, but i don't think they will respond in a timely manner. I expect to  contact the congressman after the 60 days are up. 

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2 hours ago, SUicidaL-3876 said:

They make errors all the time, its ridiculous. They mailed my RFE to the wrong address  . Even my attorneys copy was sent to the wrong address. The worst part is that they didn't bother to resend it after we told them. We had to trace where it was sent because these RFEs have deadlines. We wasted like 30 days. They needed tax transcripts. I am still within the 60 days since submission, but i don't think they will respond in a timely manner. I expect to  contact the congressman after the 60 days are up. 

Yes they and I still don't understand why your lawyer only filed a stand alone 360 most of these lawyer don't really know what to do. Since you've been waiting that long your lawyer should of send in your work permit application with a copy of 360 receipt notice it's free once you have a pending underlying petition. I remembered you said they say if it don't get approve something about removal but that's not true so many ppl file diff petitions 485 360 140 etc and don't get a removal when someone gets denoied they can refile the next immigration is not that complex as some tjink it is (my friend got deny in Sept she concurrently filed 360 485 765 only bc she was not in the 2yrs after divorce and she did not get removal notice) some one on this forum applied same way in July and just got permit approved recently so while you wait for 360 have your lawyer send in 765 so you can work ssn etc.

 

I figured the RFE was updated info they needed alot of time passed. Oh k so even if you sent RFE a desicion is not made right away.  When I got mine notice in mid Sept they gave me 87 days by Nov 20th. They received my RFE on 10/17 and say they will start to work on my case again bc they paused it until they here from me and am still waiting for a desicion. Don't wait just contact your Congress office and you don't need your lawyer for that it doesn't matter if you respond to uscis. I have a legal rep but I did all the nitty gritty on my case. I pray you here soon 

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  • 3 months later...
Filed: AOS (pnd) Country: Costa Rica
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On 6/30/2017 at 6:17 PM, Rp1 said:

I don't know if you know this but an alone 360 can take over 2yrs to be approve but you should of hear early this year. it could be they want new fingerprints since they only good for 15mos

I360 taking over 2 years to get approaved ? I’ve been waiting for 20months 😓 this is  one hella stressful route. 

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Hi, it can as you see you've been waiting 20mos and yeah it can be stressful. Did you file an i360 only and under what catergory on the from you filed? 

 

My friend who had filed i130 under marriage had to switch to the i360 because the wife left him before the 2yrs up on the conditional green card and yes he had his GC but it's over 3yrs since it did this and every year they give him a 1yr extension on his GC. November I helped him wrote a letter to VSC to ask them what's going on with his case he got his interview letter 2 wks later for Dec 21 up to now still have not make that decision yet, he went in last week to ask what's up and they just give him another extension because the one had was expiring next week. The officer told him there's no red flag everything looks good just that alot of rules changed up since Trump so they're backlogged in approving they have too go by the new guidelines. Since my friend got his interview his 360 was approved it's just the AOS now once they sent his case to field office 360 is already approved. See depends on what happening with your filing it can take time.

 

It's not just 360 other applications is going through a backlogged. They going through paperwork with fine teeth comb.

 

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Filed: Other Country: Canada
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On 2/17/2018 at 4:30 AM, Rp1 said:

Hi, it can as you see you've been waiting 20mos and yeah it can be stressful. Did you file an i360 only and under what catergory on the from you filed? 

 

My friend who had filed i130 under marriage had to switch to the i360 because the wife left him before the 2yrs up on the conditional green card and yes he had his GC but it's over 3yrs since it did this and every year they give him a 1yr extension on his GC. November I helped him wrote a letter to VSC to ask them what's going on with his case he got his interview letter 2 wks later for Dec 21 up to now still have not make that decision yet, he went in last week to ask what's up and they just give him another extension because the one had was expiring next week. The officer told him there's no red flag everything looks good just that alot of rules changed up since Trump so they're backlogged in approving they have too go by the new guidelines. Since my friend got his interview his 360 was approved it's just the AOS now once they sent his case to field office 360 is already approved. See depends on what happening with your filing it can take time.

 

It's not just 360 other applications is going through a backlogged. They going through paperwork with fine teeth comb.

 

when you wrote the letter to VSC , did you address it to someone specifically at VSC like a supervisor?

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No you cannot address to someone directly no one knows their case worker at USCIS until an interview if they do get one, even when you get an interview the worker is handed your case the day of or the day before. I'm talking when the case is at the field office. At the service center we have case workers but we don't know them.

 

When you address your letter at the top you put your full name, address, case #, form you filed i360 etc. Then you start with

 

Dear USCIS VSC

 Write your letter. Keep it short and very detailed - what the date the form was filed or recieved, the last time you heard from them and what was that about. Say that your inquiring about your case because it has been such and such time. You can type it up then sign. If you have a lawyer or legal rep they have to do it otherwise they will write back and say to have them do it. If not just mentioned in the letter that you do not have a lawyer or legal representative you filed the forms yourself. That's what I did for for my friend. Good luck!

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  • 1 month later...

Hi everyone. I filed for vawa i360 since last year may and I filed my work permit and Green card in November. I just received my work permit last week.now I'm nervous thinking If that means my 1360 will be approved easily. I came here under k1 visa and got married within the 90days. Suddenly my wife became very abusive and totally changed, it was clear she was trying to get rid of me. I woke up one morning to find out she went to get married to someone culturally not court(I have the video evidence) I also have evidence of very abusive txt messages and threats and I already got a temporary restrain order but she came to the court and agreed not to threaten or cross my path anymore so the case was dropped.i have cable bill in our name and even a joint bank account and all the pictures and affidavit of support we had together..these are my evidence but so far i hvnt spoken to a psychologist or been in shelter..do I still hv a case or my chances are very very small.? Please help tnx.

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Hello guys, please I need your help. I had a pending i485 that was filed by my husband by my soon to be ex- husband who has now deserted me. I have filed my VAWA application based on the pending i485 but just received a notice that the pending i485 has been denied. I haven’t received the notice but I suspect he probably withdrew his sponsorship. I have a pending VAWA that has been received and I have even received a prima facie approval. 

Should I appeal the denied i485 or should I just file a new one with the Vermont office. He is a USC. Thanks for your help.

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16 minutes ago, Goldenvessel said:

Hello guys, please I need your help. I had a pending i485 that was filed by my husband by my soon to be ex- husband who has now deserted me. I have filed my VAWA application based on the pending i485 but just received a notice that the pending i485 has been denied. I haven’t received the notice but I suspect he probably withdrew his sponsorship. I have a pending VAWA that has been received and I have even received a prima facie approval. 

Should I appeal the denied i485 or should I just file a new one with the Vermont office. He is a USC. Thanks for your help.

You should find out of why it was denied before trying to appeal or refile. Even beyond that, if you are no longer together and getting divorced then there's no point trying to appeal the decision as the existing I-485 is properly denied. Your VAWA case can proceed still, but the existing I-485 based on the marriage would no longer be a viable path.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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17 minutes ago, geowrian said:

You should find out of why it was denied before trying to appeal or refile. Even beyond that, if you are no longer together and getting divorced then there's no point trying to appeal the decision as the existing I-485 is properly denied. Your VAWA case can proceed still, but the existing I-485 based on the marriage would no longer be a viable path.

Thanks a lot @geowrian for your advice. I will wait for the notice and immediately proceed to file a VAWA based i485. I’m guessing I may also need to attach the i485 denial notice to this new VAWA based i485?

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  • 1 month later...
Filed: Other Country: Canada
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On 3/26/2018 at 12:17 PM, Dpo said:

Hi everyone. I filed for vawa i360 since last year may and I filed my work permit and Green card in November. I just received my work permit last week.now I'm nervous thinking If that means my 1360 will be approved easily. I came here under k1 visa and got married within the 90days. Suddenly my wife became very abusive and totally changed, it was clear she was trying to get rid of me. I woke up one morning to find out she went to get married to someone culturally not court(I have the video evidence) I also have evidence of very abusive txt messages and threats and I already got a temporary restrain order but she came to the court and agreed not to threaten or cross my path anymore so the case was dropped.i have cable bill in our name and even a joint bank account and all the pictures and affidavit of support we had together..these are my evidence but so far i hvnt spoken to a psychologist or been in shelter..do I still hv a case or my chances are very very small.? Please help tnx.

I think you have a chance. I will advice you to get a lawyer tho. 

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  • 4 weeks later...

Hi ,I fillling my case vawa I-360,I have one kid with my ex ,I divorced with my ex on mar-2018 .

 

I-360 

received date :Jan-8-2018

untill Jun-7-2018 not any information 

 

I-485 & I-765

received date :Mar-27-2018 

finger print date :may-4-2018 

untill jun-7-2018 not yet get EAD card 

 

 

on Jan-2018,Received date is Jan-8-2018 ,I let my attorney filling I-485 and I-765, he said if denie I-360 uscis will be auto move me out of America , actually that is not true ,he not professional,he told me will be 3 month I-360 will be know results,just let me waiting  result after filling I-485 and I -765, 

 

i was was online check I-360 process time need 15-22 month ,feb-1-2018 I request my attorney filling I-485 and I-765, he do that ,but he very not professional, one month not any news , and then USCIS return all document to him , told me not any reason apply I-485 ,he submit again , I got receipt on mar-27-2018 ,finger print on may-4-2018 

 

my attorney so terrible,I asked him can I remarry ,he said yes 

 

later I was online found waiting I-360 can not marry ,if marry ,this I-360 need cancel ,I asked him again ,he change his email ,he said during waiting I-360 can not marry 

 

so terrible attorney 

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Filed: Other Country: Canada
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On 6/7/2018 at 11:10 PM, Claudia16049 said:

Hi ,I fillling my case vawa I-360,I have one kid with my ex ,I divorced with my ex on mar-2018 .

 

I-360 

received date :Jan-8-2018

untill Jun-7-2018 not any information 

 

I-485 & I-765

received date :Mar-27-2018 

finger print date :may-4-2018 

untill jun-7-2018 not yet get EAD card 

 

 

on Jan-2018,Received date is Jan-8-2018 ,I let my attorney filling I-485 and I-765, he said if denie I-360 uscis will be auto move me out of America , actually that is not true ,he not professional,he told me will be 3 month I-360 will be know results,just let me waiting  result after filling I-485 and I -765, 

 

i was was online check I-360 process time need 15-22 month ,feb-1-2018 I request my attorney filling I-485 and I-765, he do that ,but he very not professional, one month not any news , and then USCIS return all document to him , told me not any reason apply I-485 ,he submit again , I got receipt on mar-27-2018 ,finger print on may-4-2018 

 

my attorney so terrible,I asked him can I remarry ,he said yes 

 

later I was online found waiting I-360 can not marry ,if marry ,this I-360 need cancel ,I asked him again ,he change his email ,he said during waiting I-360 can not marry 

 

so terrible attorney 

 

From what i know you can marry again. In fact you can have 2 separate petitions filed with USCIS. One for i-360 and another one based on your new marriage. Whichever one gives you a green card the fastest is up to you. And If your new marriage ends up being abusive you can file another i-360 (not a problem). 

 

It is true that if you file i-360, i-485, i-765 together and  for some reason your  i-360 ends up being denied. You will automatically be placed in removal proceedings. This is why most attorneys file i-360 first, wait for it to get approved and the file i-485 and i-765. You should know if your i-360 gets denied, you can file for an appeal. This will prevent you from being placed in removal and the best thing with  i-360 petitions you can appeal as many times as you want. 

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18 hours ago, SUicidaL-3876 said:

 

From what i know you can marry again. In fact you can have 2 separate petitions filed with USCIS. One for i-360 and another one based on your new marriage. Whichever one gives you a green card the fastest is up to you. And If your new marriage ends up being abusive you can file another i-360 (not a problem). 

 

It is true that if you file i-360, i-485, i-765 together and  for some reason your  i-360 ends up being denied. You will automatically be placed in removal proceedings. This is why most attorneys file i-360 first, wait for it to get approved and the file i-485 and i-765. You should know if your i-360 gets denied, you can file for an appeal. This will prevent you from being placed in removal and the best thing with  i-360 petitions you can appeal as many times as you want. 

https://www.uscis.gov/humanitarian/battered-spouse-children-parents/questions-and-answers-battered-spouses-children-and-parents-under-violence-against-women-act-vawa

 

Your Form I-360 will be denied if you re-marry prior to the approval of the Form I-360. Remarriage after the Form I-360 has been approved will not affect the validity of the petition.

Hihttps://www.uscis.gov/humanitarian/battered-spouse-children-parents/questions-and-answers-battered-spouses-children-and-parents-under-violence-against-women-act-vawa

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