VAWA, Part 9

[Sandra G. 5,057]

On 3/8/2018 at 1:37 PM, ApprovedVawa said:

Hello Ms @sandranj  please I do have a person question to dm u. I tried but your messages are full. Please it is a serious question. Thank you and God bless

I deleted all messages now.You can send me a pm ok.

[Sandra G. 5,057]

On 3/8/2018 at 11:23 AM, ApprovedVawa said:

Hello Sandra and Friends, please I would like to ask a question. Last 2 years my 1st spouse filed i130 and i485 for me and it was denied, now I am filling vawa with my 2nd spouse. Pls would they go and review my old case that my 1st spouse filed for me. Thank you

 

Yes they will review the I-130. If you remarried soon after your divorce was final you might have some problem to prove a bonafide marriage.

[Sandra G. 5,057]

On 3/7/2018 at 2:18 PM, NICOLA2017 said:

So it's official to say vawa taking 16 months or more now .... when I just applied I heard 6 months ...then 12 months now 16 months ...no wonder the lawyers telling us to wait for approval before filing divorce cause there is a 2 year time frame I was told .crazy waiting though 

 

The information received is not correct.Please read bellow. I highlighted in red.

 

Do I Have to Remain Married to My Abusive Spouse Until my Form I-360 is Approved?
A. Effective October 28, 2000, you may file a Form I-360 if you are still married to your abusive spouse or, in certain circumstances, if you are not still married to your abusive spouse. If you are not still married to your abusive spouse when you file Form I-360, you must meet one of the following exceptions:

•  You believed you were legally married to your abusive spouse but the marriage is not legitimate solely because of the bigamy of your abusive spouse.
• Your abusive spouse died within 2 years of filing the petition.
• Your abusive spouse lost or renounce his citizenship or lawful resident status due to an incident of domestic violence
• 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. 

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

[Sandra G. 5,057]

On 3/6/2018 at 10:34 AM, Miracle28 said:

Does anyone know if the receipt notice is what matters date wise for the i360 or is it the action notice?

Like my receipt notice would be December 21st 2016 but action notice mid January 2017.

 

Receipt notice.

[Sandra G. 5,057]

On 3/6/2018 at 8:46 PM, staypositive said:

Hi guys. I am on my second prima facie notice. I want to apply for Medicaid. Will that make me a public charge? I am in NY. Thanks for your answers.

You can apply for medicaid, it's not considered oublic charge for Vawa petitioners, but some States do not approve Medicaid if the person is not a green card holder for at least 5 years.

[NICOLA2017 82]

5 minutes ago, sandranj said:

The information received is not correct.Please read bellow. I highlighted in red.

 

Do I Have to Remain Married to My Abusive Spouse Until my Form I-360 is Approved?
A. Effective October 28, 2000, you may file a Form I-360 if you are still married to your abusive spouse or, in certain circumstances, if you are not still married to your abusive spouse. If you are not still married to your abusive spouse when you file Form I-360, you must meet one of the following exceptions:

•  You believed you were legally married to your abusive spouse but the marriage is not legitimate solely because of the bigamy of your abusive spouse.
• Your abusive spouse died within 2 years of filing the petition.
• Your abusive spouse lost or renounce his citizenship or lawful resident status due to an incident of domestic violence
• 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. 

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

Thanks very much ...she crazy though...

[Sandra G. 5,057]

On 3/4/2018 at 10:08 PM, Mnmnm said:

Hi Sandra

Hope you’re doing fine

 

ive a question. I’m living in a room for rent in someone’s house and before I moved in it was with a contract. This month they suddenly decided that they won’t be signing any receipt and asked me to pay them under the table in cash. Will that cause a problem with my AOS? 

Thank you for your time 

 

 

 

 

 

It will not cause a problem with your AOS, but they want you pay  in cash because they will not declare in their tax return the money received. If  they will not give you a receipt how would you prove that you are paying the rent?

Edited March 12, 2018 by sandranj

[Roms2017 115]

19 minutes ago, sandranj said:

You don't  have to be married to file or refile VAWA. The person has  only 2 years time limit after a divorce  to file for a VAWA self-petition.

Sandranj thanks for the information.

I appreciate

[Sandra G. 5,057]

On 3/3/2018 at 8:27 PM, Veronika691 said:

Good day, Sandra, thank you for all you do for people like me. Sorry to be so annoying and bother you again, but

I have a few more questions, please.

 

After marriage to us citizen, I got ssi, ead and even date of interview in March 2016. But it never happened -  my husband started to abuse me and we did not show up together to the interview. My paralegal asked IO to hold my i-485 cause I was going to file i-360.

Then my lawyer filed i-360, ead and advance parole, but not i-485, which was frozen.

My i-360 was approved in February 27 2017 (right after that - in March 2017 I got a new EAD),  got notice of approval in April 24 2017, and then my lawyer asked uscis to reopen my frozen i-485.

Till now I'm waiting, uscis never updated my account on website. Last October they sent to my lawyer a letter - not rfe - to send new medical records, that we did. I made inquires, called them, went twice for info pass, but did not hear from them nothing but wait.

 

Could you explain me something - was my lawyer right to hold my i-485 and not submitting it with my vawa case? Maybe I have to submit it now?  Did she make it right to ask uscis to reopen my i-485 after vawa was approved? Or they would automatically start working again with my i-485 without her request ?  Could medical records be a factor that stopped working uscis on my case? And what time line for my i-485 is right, if my vawa was approved in February 27, 2017 (only after that - on March 8 - I got renewed EAD) and my notice date is April 24, 2017? Or maybe it could be another date as my timeline, like the day my lawyer sent request to reopen my i485?. I checked the site that states that in December 31 uscis had finished working with cases up to February 20, 2017. So my timeline suppose to be now.

I'll go to info pass next week and want to be ready to talk with IO . Thank you again 

 

If your AOS was put on hold then the AOS is  still valid and  there is no need to submit a new I-485.

 

You keep saying your atorney asked to reopen the I-485, she would ask to  reopen the AOS just if the AOS was denied.When the I-485 is still open the lawyer doesn't have to ask  USCIS to consider the pending I-485, USCIS will do this automatically ok.

[Kleenex12 107]

23 hours ago, gramercy said:

@Miracle28

I recieved two PF valid for 180 days each. 

The last 3 PF docs were 60 days each so basically I have to renew every other month!

 

Omg,We will keep praying!hopefully you hear something soon,what month did you filed Please Sandra have you ever had any client with 5th prima Facie?

[gramercy 141]

4 minutes ago, Kleenex12 said:

Omg,We will keep praying!hopefully you hear something soon,what month did you filed Please Sandra have you ever had any client with 5th prima Facie?

Yes please keep me in prayers please it's always appreciated.

VSC recieved my case on 11/30/2016.

[Kleenex12 107]

1 minute ago, gramercy said:

Yes please keep me in prayers please it's always appreciated.

VSC recieved my case on 11/30/2016.

Don’t worry you will hear something soon!🙏🙏🙏

[FocusedFemale 60]

Hi Everyone, below is my timeline so far:
 
25 July 2016: Submitted EAD renewal application 
 
2   Aug 2106: Filed for divorce 
 
16 Aug 2016: Abusive spouse withdrew petition, email notifications. 
 
23 Aug 2016: Decision  Notice in mail, with option to appeal or leave country.
 
14 Sep 2106: Mailed I360, I485, I765
 
19 Sep 2016: Receipt notice- I360 fee waived 
 
23 Sep 2016: Receipt in mail, along with     original documents for I485, I765 (insufficient fees). I thought the single I912 was good for all the applications.
 
27 Sep 2016: Prima Facie letter 
 
15 Oct 2016: EAD expired, last day at work 

 20 Oct 2016: Decision notice - declined EAD (filed before divorce).
 
19 Jan 2017: resubmitted I485, I765, I131, with new medical results and respective fee waiver forms.
 
23 Jan 2017: Fees waived on all applications (saw this after I received physical notice with receipt numbers)
 
02 Feb 2017: Receipt notices in mail. 
 
01 March 2017: We ordered your new card

03 March 2017: Notice received in mail

06 March 2017: We mailed your new card.

08 March 2017: Card received.

25 March 2017: Notice of Action - Biometrics 

01 April 2017: Biometrics appointment letter received in mail. 

Since then, I have sent applications for Prima Facie extension. 

 

Nov 2017 : RFE, Good moral character, background check from country. I wasn’t in the US 3yrs when I filed VAWA.

 

Jan 10, 2018: Sent RFE response, along with Prima Facie Extension application. (I didn’t think to apply for EAD renewal at the time...not good...I didn’t understand it wasn’t based on a valid Prima Facie, but a pending I-485)

 

Jan 11, 2018: Notice Of RFE receipt

 

Feb 20, 2018: Realized my mistake with my EAD, quickly sent in application, with letter asking it be expedited. 

 

Feb 20, 2018: Contacted Senator’s Office for assistance. 

 

Feb 28, 2018: Update On I-360 case....”Initial Review”. It said they received correspondence. I suppose they were contacted by the Senator’s office....because I already received notice when I responded to RFE for background check. Plus, the I-360 wouldn’t update because of the receiving my EAD renewal application, right? 

Feb 28, 2018: All my documents expired. I am now out of a job...no one to blame but myself. I just pray I get my new EAD soon. 

 

Mar 10, 2018: Notice: Fees waived for I-765

 

Mar 12, 2018: I-360 Petition Approval Notice!!! (Official approval date Feb 1, 2018).

 

Praise be to God!!!! 

 

I will update whenever I receive something else. I hope my timeline helps someone, as much as the information I've researched online, as helped me. 

 

Contact your Senator’s office. I really think it helped. 
 

[Kleenex12 107]

8 minutes ago, FocusedFemale said:

Hi Everyone, below is my timeline so far:
 
25 July 2016: Submitted EAD renewal application 
 
2   Aug 2106: Filed for divorce 
 
16 Aug 2016: Abusive spouse withdrew petition, email notifications. 
 
23 Aug 2016: Decision  Notice in mail, with option to appeal or leave country.
 
14 Sep 2106: Mailed I360, I485, I765
 
19 Sep 2016: Receipt notice- I360 fee waived 
 
23 Sep 2016: Receipt in mail, along with     original documents for I485, I765 (insufficient fees). I thought the single I912 was good for all the applications.
 
27 Sep 2016: Prima Facie letter 
 
15 Oct 2016: EAD expired, last day at work 

 20 Oct 2016: Decision notice - declined EAD (filed before divorce).
 
19 Jan 2017: resubmitted I485, I765, I131, with new medical results and respective fee waiver forms.
 
23 Jan 2017: Fees waived on all applications (saw this after I received physical notice with receipt numbers)
 
02 Feb 2017: Receipt notices in mail. 
 
01 March 2017: We ordered your new card

03 March 2017: Notice received in mail

06 March 2017: We mailed your new card.

08 March 2017: Card received.

25 March 2017: Notice of Action - Biometrics 

01 April 2017: Biometrics appointment letter received in mail. 

Since then, I have sent applications for Prima Facie extension. 

 

Nov 2017 : RFE, Good moral character, background check from country. I wasn’t in the US 3yrs when I filed VAWA.

 

Jan 10, 2018: Sent RFE response, along with Prima Facie Extension application. (I didn’t think to apply for EAD renewal at the time...not good...I didn’t understand it wasn’t based on a valid Prima Facie, but a pending I-485)

 

Jan 11, 2018: Notice Of RFE receipt

 

Feb 20, 2018: Realized my mistake with my EAD, quickly sent in application, with letter asking it be expedited. 

 

Feb 20, 2018: Contacted Senator’s Office for assistance. 

 

Feb 28, 2018: Update On I-360 case....”Initial Review”. It said they received correspondence. I suppose they were contacted by the Senator’s office....because I already received notice when I responded to RFE for background check. Plus, the I-360 wouldn’t update because of the receiving my EAD renewal application, right? 

Feb 28, 2018: All my documents expired. I am now out of a job...no one to blame but myself. I just pray I get my new EAD soon. 

 

Mar 10, 2018: Notice: Fees waived for I-765

 

Mar 12, 2018: I-360 Petition Approval Notice!!! (Official approval date Feb 1, 2018).

 

Praise be to God!!!! 

 

I will update whenever I receive something else. I hope my timeline helps someone, as much as the information I've researched online, as helped me. 

 

Contact your Senator’s office. I really think it helped. 
 

Congratulations dear!

[Veronika691 4]

Hello, friends, may somebody know, do I have to be divorced when I'll got for AOS interview after approved Vawa case?  I'm so busy with finally getting GC, don't have energy, time and money to apply for divorce. Could they ask in interview why I'm still married? Do I have to start applying for divorce before interview?