VAWA, Part 9

[sunkissed1 6]

On 10/31/2017 at 9:54 AM, Hopeful diva said:

Yes I saw that on the USCIS website too. It clearly says that it is transferable. 

 

On 10/31/2017 at 9:24 AM, miloy001 said:

This is what on USCIS's Q&A:

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• My abusive husband/wife filed an I-130 on my behalf. What happens to my application now?

  You can transfer the priority date established for the I-130 to the I-360 self-petition application. It is important to understand that this results in a shorter waiting time if you are waiting for a visa number.
  ---------------

  There are a few VAWA I-360 cases that can be approved on the initial review/adjudication. If your VAWA I-360 was approved in 4.5 months, you should be  one of the lucky slef-petitioners.

   

 

It is so sad because the lawyer I went to talk to in the past, just told me to abundone my I-130 and not pursue it even though the was a visa available at the time. He never mentioned I could attach. And I let it go to waste 

[sunkissed1 6]

On 10/31/2017 at 11:09 AM, 81soalk said:

Guys Im happy I got approved today for the 360.  I filed last year early september 2016 and got an rfe and mailed october 11.  I want to thank everyone on this forum.  Finally some happiness after the nightmare I went through.  

 

Now  to start the i485 and 912 waiver, im a student full time and pay my own tuition, I will like to get it waive.  What other form do I need to send?.  Thanks in advance.

Congratulations!! Make sure you go out and celebrate. ((((Hugs)))))

[miloy001 26]

14 hours ago, sunkissed1 said:

 

It is so sad because the lawyer I went to talk to in the past, just told me to abundone my I-130 and not pursue it even though the was a visa available at the time. He never mentioned I could attach. And I let it go to waste 

Not a big deal. Transferring priority date won't speed up your I-360 processing, nor will it affect on the approval of I-360.

If your spouse is a LPR, transferring priority date from your I-130 to your I-360 may allow you to file I-485/I765 earlier. You will be allowed to use the priority date on the I-130, instead of the date that you filed I-360 to check if an immigration visa is available.

 

Please see Sandranj 's reply regarding tranferring PD a few pages back for more information.

Edited November 4, 2017 by miloy001

[sunkissed1 6]

4 minutes ago, miloy001 said:

Not a big deal. Transferring priority date won't speed up your I-360 processing, nor will it affect on the approval of I-360.

If your spouse is a LPR, transferring priority date from your I-130 to your I-360 may allow you to file I-485/I765 earlier. You will be allowed to use the priority date on the I-130, instead of the date that you filed I-360 to check if an immigration visa is available.

 

Please see Sandranj 's reply regarding tranferring PD a few pages back for more information.

I know it doesn't have an impact on the VAWA itself. He was an LPR when he filed in 2011 but is a citizen now. 

[justiceseeker 1]

@sandranj

Thank you for your response. Something weird happened .some one called from USCIS saying that they are cancelling my interview date and they are going to reschedule my interview after a month without giving any reasons.Should I be worried?is this normal?what can I do to keep my old appointment?I did not receive any official letter from them.my online status is showing again waiting to schedule interview after I already I had an interview..I heard horrible stories that people received cancellation letters then they did not show up for interview and their application was denied.I do not know what to do?????????????

[Hopeful diva 99]

5 hours ago, justiceseeker said:

@sandranj

Thank you for your response. Something weird happened .some one called from USCIS saying that they are cancelling my interview date and they are going to reschedule my interview after a month without giving any reasons.Should I be worried?is this normal?what can I do to keep my old appointment?I did not receive any official letter from them.my online status is showing again waiting to schedule interview after I already I had an interview..I heard horrible stories that people received cancellation letters then they did not show up for interview and their application was denied.I do not know what to do?????????????

Uscis does not call people to inform them of appointment or interview change. If you do not get an official notice mailed to you or an update on your status online, do yourself a favor and attend your interview as scheduled. 

[Sandra G. 5,075]

On 11/3/2017 at 2:32 PM, rayofhope said:

Can someone advice i had asked for decree from my home country court and also my first husband but he said as its 17 years old so they tried for month to look for it but were not able to find as its not like US that they keep recoed of everything..so he can give an affidavit that he got divorced and got 2 martiage will that work? divorce gappened in 2001 .

also i got psychological eva from Lmft but doctor is Phd will that help for my .Rfe also got dome pics of abuse and foctor report that he pushed my son so he got a hairline fracture and gad developed tumor so getting his surgery 

Will these docs work to satisfy rfe.

thanks in advance for any advice

 

 You should prove that repeated attempts were made to obtain the divorce decree   and ask the  Court a written statement  attesting to the fact that no record exists or can be located. Plus ask your ex husband to give you an affidavit stating when you got married  to him and when and where the divorce  happened. 

 

The psychological evaluation will help if the professional described the onset of probems, abuse in details, tests performed (BAI, BDI), diagnose, referral, treatment plan.A generic evaluation stating you were abused several times by your husband will not be taken into consideration, if the psychologist did not mention , when,how and where happened etc.

 

Did you file the VAWA considering abuse against you or against your child?.

 

          ·

[Sandra G. 5,075]

On 11/2/2017 at 6:47 PM, nuka987 said:

Thank you miloy. I have EAD from my I 130 that will expire in January and I'm still waiting to see if the officer will agree to put my I 485 on hold until vawa is adjudicated.. I have the interview in 2 weeks so based on that I'll see if I have to file a new I 765 or just renew the old one. In my situation I guess photos are not required  then?

 

If the AOS is denied your EAD wll be considered  null and void,   then you have to file a new AOS,I-765 and submit passaport pictures.

[Sandra G. 5,075]

On 11/4/2017 at 1:14 AM, sunkissed1 said:

 

It is so sad because the lawyer I went to talk to in the past, just told me to abundone my I-130 and not pursue it even though the was a visa available at the time. He never mentioned I could attach. And I let it go to waste 

 

A visa number is available just if your husband is a U.S Citizen. You wasted your time not transfering the I-130 to I-360 petition just  if your husband/ex husband is a Green card holder.

[nuka987 0]

29 minutes ago, sandranj said:

If the AOS is denied your EAD wll be considered  null and void,   then you have to file a new AOS,I-765 and submit passaport pictures.

Thank you Sandra! The friends affidavits are okay if written  by hand or they should be typed? Thank you again 

[Sandra G. 5,075]

41 minutes ago, nuka987 said:

Thank you Sandra! The friends affidavits are okay if written  by hand or they should be typed? Thank you again 

It's better to type. If they are in the U.S the affidavita must notarized. The person must tell when,where and how he/she met you. She/he should tell about your Courtship, if he/she attended the weeding,if not, why not.If she visited in your home, what did she notive about the couple interaction etc..If the person knows about the abuse,how did she find out?.

[justiceseeker 1]

14 hours ago, Hopeful diva said:

Uscis does not call people to inform them of appointment or interview change. If you do not get an official notice mailed to you or an update on your status online, do yourself a favor and attend your interview as scheduled. 

As I mentioned,my online status was showing that uscis scheduled me for interview.after this call,I checked the site and it was changed to we are going to schedule you for the interview which confirm that schedule was already cancelled.so why they cancelled this appointment?do I have to go to the old appointment to be on safe side and take my chances although they cancelled the appointment?will i have to wait another 10 months for a new appointment?

[rayofhope 34]

2 hours ago, sandranj said:

 You should prove that repeated attempts were made to obtain the divorce decree   and ask the  Court a written statement  attesting to the fact that no record exists or can be located. Plus ask your ex husband to give you an affidavit stating when you got married  to him and when and where the divorce  happened. 

 

The psychological evaluation will help if the professional described the onset of probems, abuse in details, tests performed (BAI, BDI), diagnose, referral, treatment plan.A generic evaluation stating you were abused several times by your husband will not be taken into consideration, if the psychologist did not mention , when,how and where happened etc.

 

Did you file the VAWA considering abuse against you or against your child?.

 

          ·

Yes they were trying for last two months he will give an affidavit about our marriage divorce and his second marriage with date and place also i got my judgement copy from court saying decree attached but the decree is missing in it i got it translated in English and had sent the translation copy of judgement but forgot tosend the original in foreign language so uscis thought its out of court settlement so they asked for decree now im gonna send both original in foreign lang and translated with my first husband affidavit is it enough and yes abuse was with me and my son but as his surgery is diagnosed now and had filed an year back so filed my petition and he is the derivative but i have the copy of surgeon for his surgery due next month dic said that as nobody-noticed and that is why tumor developed . Also doc has taken my interview after therapy sesdions about how my past with my parents was jow i came US  then got married and when actually abuse started . Will this work as im worried now im going through lot as my son is suffering because of me..

 

 

 

 

 

[MsVi2 50]

On 11/5/2017 at 8:44 AM, sandranj said:

It's better to type. If they are in the U.S the affidavita must notarized. The person must tell when,where and how he/she met you. She/he should tell about your Courtship, if he/she attended the weeding,if not, why not.If she visited in your home, what did she notive about the couple interaction etc..If the person knows about the abuse,how did she find out?.

If they weren't notarized will you get an RFE for it? Is it worth sending notarized copies before they send an RFE? The volunteer attorneys who helped me did not tell me they needed to be notarized at any point in the process.  They were so sloppy! 

[Sandra G. 5,075]

Many pe

1 hour ago, MsVi2 said:

If they weren't notarized will you get an RFE for it? Is it worth sending notarized copies before they send an RFE? The volunteer attorneys who helped me did not tell me they needed to be notarized at any point in the process.  They were so sloppy! 

 

 

Many people here contacted me because they gor RFE  and they didn't know  the affiants should notarized the affidavits, and USCIS said in all  RFE that  said that  the proof submitted were not enough  and the affidavits were not notarized, that being said  they not take into consideration affidavits not notarized.

Edited November 6, 2017 by sandranj