VAWA, Part 9

[Bronzegoddess 2]

I guess there hasn't been any recent approvals. God help us

[MommyJ 3]

Please advise,

 

I have EAD from I-360 approved, it is expired in December.

I filed I-485 in August, so I just sent I-765 to extend my EAD and I-131 with I-797 of my AOS.

 

They sent I-765 and I-131 back to me. On the paper said I need to pay $575 and $410.

I thought both are no fee if my AOS is pending.

What should I do? 

[gramercy 141]

2 hours ago, Mnmnm said:

Additionally 
if husband is USC, than I can file 1485 and i765 with i360 in VSC. What if USCIS put i485 on hold until VAWA approved,how do I get my EAD then? 
Thank you 

 

@sandranj

please advise

thank you for your time 

1- If your spouse is a USC you are eligible to apply for AOS (I-485)

2- You may only obtain an EAD (I-765) choosing category C9, if you file it concurrently with AOS, and you shall receive it within 90 days

 

Note: it's rewarding to get AOS+EAD as you wait for VAWA approval, but if it's denied you may be subjected to removal proceedings.

 

[gramercy 141]

1 hour ago, MommyJ said:

Please advise,

 

I have EAD from I-360 approved, it is expired in December.

I filed I-485 in August, so I just sent I-765 to extend my EAD and I-131 with I-797 of my AOS.

 

They sent I-765 and I-131 back to me. On the paper said I need to pay $575 and $410.

I thought both are no fee if my AOS is pending.

What should I do? 

I thought like you in the past, it turned out that:

There are no renewal fees if you initially paid the fees to get your EAD, but if the fees were waived the first time you're expected to pay fees for renewal or submit a new I-912 waiver request if you Qualify.

[MommyJ 3]

3 minutes ago, gramercy said:

I thought like you in the past, it turned out that:

There are no renewal fees if you initially paid the fees to get your EAD, but if the fees were waived the first time you're expected to pay fees for renewal or submit a new I-912 waiver request if you Qualify.

 

My I-485 is fee waived, I thought either under c31 or c9 both are no fee.

So looks like I need to send another I-912 along with I-765 renewal.

 

Thank you for sharing,

[Sandra G. 5,057]

4 hours ago, Mnmnm said:

Additionally 
if husband is USC, than I can file 1485 and i765 with i360 in VSC. What if USCIS put i485 on hold until VAWA approved,how do I get my EAD then? 
Thank you 

 

@sandranj

please advise

thank you for your time 

 

She got work permit before with category C31  but now she is filing I-765 using category  C9 then she has to pay the fees because it's not a renewal. If she can't afford  to pay the  USCIS fees then she can file form I-912.

 

[Mnmnm 11]

3 hours ago, gramercy said:

1- If your spouse is a USC you are eligible to apply for AOS (I-485)

2- You may only obtain an EAD (I-765) choosing category C9, if you file it concurrently with AOS, and you shall receive it within 90 days

 

Note: it's rewarding to get AOS+EAD as you wait for VAWA approval, but if it's denied you may be subjected to removal proceedings.

 

Thank you for your reply 

if you request to put previously filed w/ spouse i485 ON HOLD, is the VAWA applicant still subjected for removal proceedings if VAWA denied? 

[Mnmnm 11]

54 minutes ago, sandranj said:

She got work permit before with category C31  but now she is filing I-765 using category  C9 then she has to pay the fees because it's not a renewal. If she can't afford  to pay the  USCIS fees then she can file form I-912.

 

Hi

I had work permit i765 before on C9 when filed i485 w/ spouse. I485 is on hold and work permit has marriage name on it. Name changed back to maiden name during divorce, so that makes my work permit invalid? How do I make this right? 

Thank you for your time @sandranj

[rayofhope 34]

8 hours ago, sandranj said:

You said "...He pushed me and my right eye was hurt and got red and he threw coffee on me while sitting with him on dining table so i got burnt mark on my neck tummy chin pics are 2 yrs old when i was in my country my throat vocal chords were swollen and I was not able to speak for 3 months.... Considering what you said the abuse occurred OUTSIDE OF THE U.S. You can file for a self-petition just if the abuse happened in the U.S. There is an exemption for spouses abused abroad if the abuser is an employee of the U.S Government and while living abroad subjected the victim to battery or extreme cruelty or if the abuser is a member of the U.S military living abroad as well.

 

Sorry didn’t mention this all abuse happened in US and was scared to call cops for help as my husband intimidated that if i call them he is gonna withdrew his petition so was helpless and had no insurance so couldn’t get any medical help then flee back to home country

[ILvisajourney 5]

Hi everyone

 

My vawa update: RFE mailed 9/22 .  Request for Additional Evidence Was Mailed

 

my case was filed Sept 2016, prima facie notice received soon after filing. no update for more than a year, until recently first RFE was issued, have not got RFE mail yet.......

 

I was lose patience after being waited more than one year , so I asked my congressman to inquiry on my behalf on 9/7/2017,  my congressman replied: USCIS reviewed the case and said my inquiry privacy act release form signature was different from the application signature. they can not disclose any info to the congressman . Before I want to ask congressman inquiry on my behalf again , USCIS issued RFE

 

actually I have prepared 60 days to gather enough docs for vawa filing. 

personal statement ,9 pages

marriage certificate

marriage and vocations photos , also my wound and injury photos

affidavit from friends,  notarized

VAWA mental evaluation from professional counselors

good moral characters letter from employer and police clearance letter

joint home lease and insurance, phone bill ,tax return

 

I have no idea what additional evidence they will ask for,  bona fide marriage?  or abuser birth certificate?(the only thing that I don't have)

 

let see what's in the mail.

 

Edited September 26, 2017 by ILvisajourney

[gramercy 141]

7 hours ago, Mnmnm said:

Thank you for your reply 

if you request to put previously filed w/ spouse i485 ON HOLD, is the VAWA applicant still subjected for removal proceedings if VAWA denied? 

Unfortunately that is possible but it's a lengthy process and one can appeal or re-apply for vawa again (within two years from divorce) 

Don't stress over "what if"... Cuz it shall be approved if you have a valid case.

You can still obtain your EAD under c9,

 

I'm not sure how the name change is processed but surely Sandra knows also check previous threads since others stated they had done it.

[Sandra G. 5,057]

7 hours ago, rayofhope said:

Sorry didn’t mention this all abuse happened in US and was scared to call cops for help as my husband intimidated that if i call them he is gonna withdrew his petition so was helpless and had no insurance so couldn’t get any medical help then flee back to home country

 

If you are in the U.S you should attend 5/7 therapy sessions, and if you have a diagnose of depression and/or PTSD you have a VAWA case.BEFORE  you start the therapy tell the psychologist or counselor that you will need a psychological evaluation when you end all therapy sessions.The professional must write about your background, the onset of problems, abuse in details, tests performed(BAI and BDI at lest) diagnose, treatment plan and referral.Usually, a good evaluation has 9/15 pages.

 

Gather affidavits from family and friends.They must write down full name, date, and place of birth, current address and sworn and notarize the affidavit.They should mention when they met you, what they know about the courtship if they attended the wedding, if not why not, if they visited your husband and you, when and what they noticed about the couple interaction etc. You should write a great affidavit (9/13 pages), take your time to describe the Courtship. Vawa petition does not apply the same standards for adjudication as are applicabe in  family based spousal petitioning process. It's possible to have a VAWA approved without any document showing commingling finances because USCIS knows that the victims of domestic violence don't have an ordinary marriage like others and they accept "secondary evidence" instead "primary evidence" to show a bonafide marriage.

 

[Sandra G. 5,057]

10 hours ago, Mnmnm said:

Hi

I had work permit i765 before on C9 when filed i485 w/ spouse. I485 is on hold and work permit has marriage name on it. Name changed back to maiden name during divorce, so that makes my work permit invalid? How do I make this right? 

Thank you for your time @sandranj

 

What is a replacement EAD application?

An application for a replacement EAD is filed if a card has been lost, stolen, or mutilated, or when the previously issued card contains erroneous information, such as a misspelled name or name change.

Persons applying for replacement documents can present the receipt for the Form I-765 as evidence of employment eligibility but must produce a valid card within 90 days of showing the receipt.

 

https://my.uscis.gov/helpcenter/article/what-is-a-replacement-ead-application

 

You need to write a  letter to USCIS explaining  that your name changed 

Fill out new form I-765

Pay USCIS fee,if you can't afford file form I-92

Copy of divorce decree showing you changed your name

Two passport photos

 Copy of your original EAD card

Copy of your passport photo page and visa

Copy of your I-94

[Sandra G. 5,057]

21 hours ago, Caveman said:

Hi everyone. 

 

I literally just had my AOS interview after the approval of my VAWA. The interview lasted 10 minutes and the officer was courteous at all times. I was asked the yes or no questions and a few questions regarding where I lived and when we split up and things like that. I was NOT given a decision on the spot and I was told that they had all the information they needed at this time. They gave me a paper stating that they have 3 months to make a decision and that if I don't hear back from them at that point, I should make an infopass. 

 

I am EXTREMELY nervous and I have no idea what to think. I am so afraid if it being denied that I don't know what to do. My attorney said she could tell I was nervous on my interview but that I shouldn't worry too much. 

 

Can anyone please provide some insight or explain if this is the standard procedure. I've read so many things that I can't even put my thoughts together anymore. 

 

 

 

When the immigration is new in his/her job position they can't  give a decision on the spot, a supervisor has to review the case. Usually after 7/15 days they approve the GC.

[Mnmnm 11]

3 hours ago, sandranj said:

What is a replacement EAD application?

An application for a replacement EAD is filed if a card has been lost, stolen, or mutilated, or when the previously issued card contains erroneous information, such as a misspelled name or name change.

Persons applying for replacement documents can present the receipt for the Form I-765 as evidence of employment eligibility but must produce a valid card within 90 days of showing the receipt.

 

https://my.uscis.gov/helpcenter/article/what-is-a-replacement-ead-application

 

You need to write a  letter to USCIS explaining  that your name changed 

Fill out new form I-765

Pay USCIS fee,if you can't afford file form I-92

Copy of divorce decree showing you changed your name

Two passport photos

 Copy of your original EAD card

Copy of your passport photo page and visa

Copy of your I-94

I very much appreciate your help @sandranj

where do I mail these at?

Thank you for your time.