VAWA, Part 9

[Cameron.xyz 10]

I got biometrics notice today.... does any body here know when I am done with the biometrics when is it the work authorization going to arrive?

[Pinkrlion 2,724]

16 minutes ago, Cameron.xyz said:

I got biometrics notice today.... does any body here know when I am done with the biometrics when is it the work authorization going to arrive?

Another 60 days once your fingerprints clear background checks.

[miloy001 26]

1 hour ago, Cameron.xyz said:

I got biometrics notice today.... does any body here know when I am done with the biometrics when is it the work authorization going to arrive?

Look at the biometrics notice, it may say for AOS + EAD, or just for AOS. For I-360 petitioners, some even get EAD before the biometrics appointment.

[Godblessme 26]

I need some advice regarding the divorce. If any of you went through the divorce process, did you indicate the domestic violence or abuse that your spouse has done to you in the divorce documents? 

[miloy001 26]

1 hour ago, Godblessme said:

I need some advice regarding the divorce. If any of you went through the divorce process, did you indicate the domestic violence or abuse that your spouse has done to you in the divorce documents? 

For VAWA purpose, you do not have to include DV in the decree, and the lawyer/judge may not want to include DV description in the divorce decree. However, if you file VAWA I-360 after divorce, the divorce must be related to the DV or abuse. In Oregon, Judge will grant the divorce if the victim of the DV wants to divorce, by the state law.

If you have a restraining order that is a good evidence for abuse.

Edited January 15, 2018 by miloy001

[Sandra G. 5,057]

7 hours ago, miloy001 said:

For VAWA purpose, you do not have to include DV in the decree, and the lawyer/judge may not want to include DV description in the divorce decree. However, if you file VAWA I-360 after divorce, the divorce must be related to the DV or abuse. In Oregon, Judge will grant the divorce if the victim of the DV wants to divorce, by the state law.

If you have a restraining order that is a good evidence for abuse.

YOU said if the  person files  Vawa after  the  divorce, the divorce must be related to domestic  violence, your  information is not correct.  There is no mention in the Vawa  Law about grounds  for divorce to have VAWA approved. 

[Sandra G. 5,057]

On 1/13/2018 at 8:06 PM, Peppermint said:

if abuser is LPR, does it have any influence on case? Can it cause delay?

To adjudicate Vawa the timeline is the same if you  were married  to a U.S citizen,but to file AOS you need to wait a visa  number becomes  available to file  adjustment  of status.

 

[another_anxious_2 0]

18 hours ago, iwillsurvive said:

It currently takes about 13-15 months for I-360 to be adjudicated. If you receive an RFE, add a few months to that. After approval, your I-485 is sent to the NBC, which takes 30-60 days. They then send it to your local field office. Processing times vary and can be anywhere up to 9/10 months (you can look up your field office). So everything can take over two years if there are RFE’s and you live by a busy field

office. 

Thank you !

19 hours ago, miloy001 said:

It may depend on the field office processing timeline. However, people in this forum reported from 3 - 9 months from transferring to NBC to interview. As I understand NBC will process background check, which may vary from case to case.

Thanks

[miloy001 26]

2 hours ago, sandranj said:

YOU said if the  person files  Vawa after  the  divorce, the divorce must be related to domestic  violence, your  information is not correct.  There is no mention in the Vawa  Law about grounds  for divorce to have VAWA approved. 

I read the following USCIS' Question and Answere, which clearly says that (my previous post was based on this Q&A):

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

 

Your marriage to your abusive spouse was terminated within the 2 years prior to filing of the petition, and there is a connection between the termination of the marriage and the battery or extreme cruelty. 

 

 

Edited January 15, 2018 by miloy001

[Sandra G. 5,057]

4 minutes ago, miloy001 said:

I read the following USCIS' Question and Answere, which clearly says that, my previous post was based on this Q&A:

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

 

Your marriage to your abusive spouse was terminated within the 2 years prior to filing of the petition, and there is a connection between the termination of the marriage and the battery or extreme cruelty. 

 

 

It's  obvious  that the termination  of the marriage should  be because  the person suffered  abuse. People cannot file Vawa just because they  are incompatible .

 

It doesn't  mean the divorce  decree must  state abuse. You misunderstood  the  text. When reading  the Uscis website  you must  interpret what they posted  following  of what it states the VAWA  Law as well. Vawa Law does not require  divorce  based on abuse, after  or before filing  Vawa petition.

[Ilo 105]

1 hour ago, miloy001 said:

I read the following USCIS' Question and Answere, which clearly says that (my previous post was based on this Q&A):

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

 

Your marriage to your abusive spouse was terminated within the 2 years prior to filing of the petition, and there is a connection between the termination of the marriage and the battery or extreme cruelty. 

 

 

I was going to say same thing as Ms Sandra, divorce decree must not state abuse, it's not the  interpretation of what is written here.

[miloy001 26]

38 minutes ago, sandranj said:

It's  obvious  that the termination  of the marriage should  be because  the person suffered  abuse. People cannot file Vawa just because they  are incompatible .

 

It doesn't  mean the divorce  decree must  state abuse. You misunderstood  the  text. When reading  the Uscis website  you must  interpret what they posted  following  of what it states the VAWA  Law as well. Vawa Law does not require  divorce  based on abuse, after  or before filing  Vawa petition.

 I respect to you and your posts. You helped many victims. I just want to point out in the USCIS's Q&A, it clearly said:

 

Your marriage to your abusive spouse was terminated within the 2 years prior to filing of the petition, and there is a connection between the termination of the marriage and the battery or extreme cruelty. 

 

Which others can read and it is under:

Q. Do I Have to Remain Married to My Abusive Spouse Until my Form I-360 is Approved?

 

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

 

 

[miloy001 26]

11 minutes ago, Ilo said:

I was going to say same thing as Ms Sandra, divorce decree must not state abuse, it's not the  interpretation of what is written here.

I did not say "divorce decree must state abuse". This is my previous post:

 

For VAWA purpose, you do not have to include DV in the decree, and the lawyer/judge may not want to include DV description in the divorce decree. However, if you file VAWA I-360 after divorce, the divorce must be related to the DV or abuse. In Oregon, Judge will grant the divorce if the victim of the DV wants to divorce, by the state law.

If you have a restraining order that is a good evidence for abuse.

 

 

If one file VAWA I-360 after divorce, one better demonstrates that there is a connection between the divorce and abuse, based on the USCIS's Q&A.

Edited January 15, 2018 by miloy001

[Ilo 105]

2 hours ago, miloy001 said:

I did not say "divorce decree must state abuse". This is my previous post:

 

For VAWA purpose, you do not have to include DV in the decree, and the lawyer/judge may not want to include DV description in the divorce decree. However, if you file VAWA I-360 after divorce, the divorce must be related to the DV or abuse. In Oregon, Judge will grant the divorce if the victim of the DV wants to divorce, by the state law.

If you have a restraining order that is a good evidence for abuse.

 

 

If one file VAWA I-360 after divorce, one better demonstrates that there is a connection between the divorce and abuse, based on the USCIS's Q&A.

Ok, I get you.

[Apolo 314]

Good evening everyone can someone please help me or advice me if they had a similar situation?

I have filed for my VAWA in September of 2015 

09/01/2015

We received your case and waived the filing fee for your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

 

 

And on January 5 of 2017, i received the following update.

On January 5, 2017, we received your correspondence for Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. We are reviewing your correspondence, and will mail you a notice if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

Corresponding back and forward with my lawyer even made an info pass to go and see if they can tell me why is my case is taking so long they couldn't tell me anything why is my case is taking so long!!

After that, i have made an attempt to contact USCIS ombudsman regarding my case and I receive the following update:

• 10/24/2017
  

  On October 24, 2017, your inquiry about why your case is taking longer than our processing time, referral number SR-----------VSC, was completed.

• 10/24/2017
  

  On October 24, 2017, we sent a response to your inquiry about why your case is taking longer than our processing time, referral number SR--------------VSC.

• 10/24/2017
  

  On October 24, 2017, your inquiry about why your case is taking longer than our processing time, referral number SR--------------VSC, was assigned to an officer for the response.

 

 

 

 

 

 

 

 

 

 

 

 

And on the right side of the website, i have this update but it was like that since January 2017 

Next Steps

• 

  We will assign your case to an officer.   We will review your case and mail you our decision. If we need more information, we will notify you.  

   

   

• Can someone please advice me or tell me what can I do to see why is my case taking so long and what can I do. I mean i live in fear every day that I will be deported and get constantly harassed and threatened by my abuse,r how he is going to deport me how he has friends within the USCIS and if i don't do what he ask im geting deported that he alredy started the removal procedure and soon I will get deported and the USCIS will see that he was the victum and that im an imigrant and noone gives a about people like me and how after all that he will chace me like a dog and ll that. Please if anyone knows what can I do or how to see if im really getting deported because according to him everything will be over soon and he has been taking care of whatever he needed to do to get me deported.