VAWA

[HabibiAlexis 0]

I have an approved I-360 petition. I'm gathering all the documents to file for my I-485 and I-765. I am a bit confused because on the I-797 Notice of Action it states that I can apply under code c(14) if I got deferred action. The only thing is that I believe I only had 15 months from the date my petition was approved. Or I have the category c(31) as well. Which one would better correspond to my situation and what is the difference between the 2?

[Sandra G. 5,048]

On 7/5/2017 at 3:25 PM, HabibiAlexis said:

I have an approved I-360 petition. I'm gathering all the documents to file for my I-485 and I-765. I am a bit confused because on the I-797 Notice of Action it states that I can apply under code c(14) if I got deferred action. The only thing is that I believe I only had 15 months from the date my petition was approved. Or I have the category c(31) as well. Which one would better correspond to my situation and what is the difference between the 2?

 

You are filing form I-485  and  I-765  then file form I-765 using category C 9. 

 

C14 is used by green card holder's spouses because they do not have a visa number available therefore they can't file for adjustment of status and I-765,  and in order to work they file form I765 and use category C14.

[HabibiAlexis 0]

My petition has already been approved I no longer qualify for c(9). A visa is already open so I can adjust any time. What I'm confused about is that in the i797 it says I can file under c (14) but c (31) also refers to me.

[Sandra G. 5,048]

On 7/7/2017 at 1:56 PM, HabibiAlexis said:

My petition has already been approved I no longer qualify for c(9). A visa is already open so I can adjust any time. What I'm confused about is that in the i797 it says I can file under c (14) but c (31) also refers to me.

You qualify to file l765 category  C9. Read please what I wrote above because you  are repeating  yourself  again . FORGET about category  C14 and 31 if your spouse is a US Citizen . I am an attorney. 

[HabibiAlexis 0]

On 7/10/2017 at 3:32 AM, sandranj said:

You qualify to file l765 category  C9. Read please what I wrote above because you  are repeating  yourself  again . FORGET about category  C14 and 31 if your spouse is a US Citizen . I am an attorney. 

He is not a US citizen he is only a resident. We are no longer married and I have this petition based off of VAWA

[Sandra G. 5,048]

5 hours ago, HabibiAlexis said:

He is not a US citizen he is only a resident. We are no longer married and I have this petition based off of VAWA

If he is NOT a  US Citizen then you CAN'T 't file I-485 and I-765 (category C9) ,you can file just if a visa number is currently available for you.  I said that you can file category C9 because you posted you filed I-485. How did you file I-485 if a visa number is not available for you yet?

[HabibiAlexis 0]

13 hours ago, sandranj said:

If he is NOT a  US Citizen then you CAN'T 't file I-485 and I-765 (category C9) ,you can file just if a visa number is currently available for you.  I said that you can file category C9 because you posted you filed I-485. How did you file I-485 if a visa number is not available for you yet?

I have not filed I-485 yet. I am gathe ring all the evidence I need to file. I just wanted to make sure I had the right category. Since I am no longer protected from deferred action after the I-360 I am going to file under category c(31)

[Sandra G. 5,048]

10 hours ago, HabibiAlexis said:

I have not filed I-485 yet. I am gathe ring all the evidence I need to file. I just wanted to make sure I had the right category. Since I am no longer protected from deferred action after the I-360 I am going to file under category c(31)

1

If you have a current visa number available then you file I-485 and I-765 category C9. If you do not have a visa number available then the form I-765  category should be C31.