VAWA FORUM

[bsbsbs 0]

Hi All ,

 

Filed i 360, i485, i 765 (c 31)category by mistake ,together October 2016 received prima facie after that now 3 months no updates. should i again file in new category of (c 9)

as AOS is pending but others say it will again start from day 1 ,,

Is there anyone who can update me on this.Help me

 

[Ms.Green 30]

It should not delay the processing. You can use c31 or c9 category for VAWA as far as I am aware.

 

Have you received your receipts for all the forms? Is the spouse a US citizen or an LPR? Are you in removal proceedings? 

Edited February 2, 2017 by Ms.Green

[bsbsbs 0]

Thx for responding . My husband is USC i received all receipts . I had filed for my son i 765 under c9 and he received in a month as his was first time ead but mine was second time as in 2014 i had already got ead once under i 485 pending but my husband didn't go to the interview so i had to be back to Sri Lanka so this time i came again and filed for vawa. now as i had given wrong category while it was i 485 pending i should have given c9 instead of c 31 unknowingly .its now 3.5 months dont know wat to do

[Ms.Green 30]

56 minutes ago, bsbsbs said:

Thx for responding . My husband is USC i received all receipts . I had filed for my son i 765 under c9 and he received in a month as his was first time ead but mine was second time as in 2014 i had already got ead once under i 485 pending but my husband didn't go to the interview so i had to be back to Sri Lanka so this time i came again and filed for vawa. now as i had given wrong category while it was i 485 pending i should have given c9 instead of c 31 unknowingly .its now 3.5 months dont know wat to do

Ok, got it. well you need to call the National Customer Service Center @ 800-375-5283 . The C31 will not make a difference and should not delay any kind of processing. You need to call the number and ask to file a service request because you have not received you biometrics appointment. They will take down your information and you will have a response on to why it's been delayed. When you know that, you will be able to figure out what next steps you need to take. I think this might be delayed because your previous AOS was denied. But I'm not an attorney and can't advise you on anything. Try going on to VAWA part 8 thread and asking there, people might be able to help you more. But do call the phone number and they will give you more insight to your situation. And keep us posted! Best of luck!

[Ontarkie 14,236]

~~Duplicate thread removed. Please do not Post more then once for the same topic.~~

[Villanelle 4,122]

If you file an I-765 solely on the basis of an approved VAWA I-360 then you must use eligibility code C-31 and file the application directly with the Vermont Service Center.
If you file an I-765 concurrently with, or subsequent to, an I-485 (to adjust status) then you must use the eligibility code C-9 and file the application with the Chicago Lockbox.

 

So the c31 category is for when you have an approved 360. They will not process yoour EAD until the VAWA is approved if you filed with c31. (prima facie is not an approval). 

 

I also believe they will not change the category from c31 to c9 if you call them and ask. You usually have to send a new 765 with c9. So you can wait for the 360 approval and then EAD or submit a new 765 c9 now. 

[Ms.Green 30]

25 minutes ago, Damara said:

If you file an I-765 solely on the basis of an approved VAWA I-360 then you must use eligibility code C-31 and file the application directly with the Vermont Service Center.
If you file an I-765 concurrently with, or subsequent to, an I-485 (to adjust status) then you must use the eligibility code C-9 and file the application with the Chicago Lockbox.

 

So the c31 category is for when you have an approved 360. They will not process yoour EAD until the VAWA is approved if you filed with c31. (prima facie is not an approval). 

 

I also believe they will not change the category from c31 to c9 if you call them and ask. You usually have to send a new 765 with c9. So you can wait for the 360 approval and then EAD or submit a new 765 c9 now. 

Why can't you file everything with Vermont? 

[Villanelle 4,122]

Hmm I dont know why you cant file it all at Vermont. I know when you look at the instructions for the 765 it refers you to look online for where to file. They have different addresses depending on what category you file with. Perhaps you can still file it at Vermont if you are going to use C9? (thats really a question for Sandra- she would know if VSC would accept it or reject it). 

 

The first 2 lines of my post are actually quoted from another member in a former thread about the topic. I shouldve formatted it to show the source but with the changes to the forum I had trouble linking it properly, so I just left it in plain text. 

I assume theres some kind of logic as to how USCIS decides where to ask people to send things to. 

 

I think the main issue for the OP here is that she used C31- so they will not give her EAD until her 360 is approved. She needs to send it in under C9. I suggest she posts in the main VAWA thread and ask (Sandra or others) where should send it just to be sure its going to the right place and will be worked on asap since she appears to need it urgently. 

[CantWaitNoMore 6]

Hi guys! I filed I 360, 485 concurrently in Vermont in March 2017. I360 approved in September 2017 and transferred October 2017 to the San Diego field office. Since then no action has been taken on my case. Is someone else in a similar situation ??? Why does it take soooooooo long

[TBoneTX 45,364]

Old thread is now closed to further comment.  Join the "VAWA, Part 11" thread instead.