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Miguel Rodriguez

Married with US Citizen Child Filed for Divorce AOS Denied

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On 7/22/2018 at 12:22 PM, TM92 said:

OP slightly clarified, but can provide more specifics if he wishes: date of POE for 3rd B2 visit, max stay allowed by CBP, date of AOS filing.

Looks like OP has decided to go the VAWA route.

I entered the USA on 07/01/17 with a I-94 good to date of 12/31/2017.

 

During the AOS process I did obtain I-797 with the following:

 

1131 Application for travel document

Notice Type: Approval Notice Valid from 02/01/2018 to 01/31/2019

 

Based on this, am I still legal despite the AOS denial on July 11?

 

I'm almost done with the VAWA forms. Plan on mailing them out this week.

 

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Filed: AOS (pnd) Country: El Salvador
Timeline
12 minutes ago, Miguel Rodriguez said:

I entered the USA on 07/01/17 with a I-94 good to date of 12/31/2017.

 

During the AOS process I did obtain I-797 with the following:

 

1131 Application for travel document

Notice Type: Approval Notice Valid from 02/01/2018 to 01/31/2019

 

Based on this, am I still legal despite the AOS denial on July 11?

 

I'm almost done with the VAWA forms. Plan on mailing them out this week.

AOS applicants don't have legal status but do have "authorized stay" allowed by the US Attorney General. So currently you don't have that either, but you will rectify this when you submit the VAWA forms (your proof will be the I-797C receipt for the I-485 that USCIS will send as a response). Any AOS EAD or AP that you received is no longer valid. But they are free to apply for with the new I-485.

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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2 minutes ago, TM92 said:

AOS applicants don't have legal status but do have "authorized stay" allowed by the US Attorney General. So currently you don't have that either, but you will rectify this when you submit the VAWA forms (your proof will be the I-797C receipt for the I-485 that USCIS will send as a response). Any AOS EAD or AP that you received is no longer valid. But they are free to apply for with the new I-485.

Thanks. I have a friend preparing all this with me. A lot of ppwk.

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On 7/23/2018 at 3:53 PM, TM92 said:

@Miguel Rodriguez, I forgot to mention: also file the following with the 4 forms above for a new free AOS EAD/AP combo card:

  • I-765 EAD
  • I-131 AP

I have I-140 also but can't seem to find why I did this one. Do you think I need to? This is my last step. Got them all done. Next is the evidence.

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Filed: AOS (pnd) Country: El Salvador
Timeline
26 minutes ago, Miguel Rodriguez said:

I have I-140 also but can't seem to find why I did this one. Do you think I need to?

Usually a potential employer submits a I-140 petition unless you are a highly qualified alien worker.

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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  • 2 months later...

Hello to all. I filed for VAWA finally. I sent out the papers October 15th 2018. I mailed i360, i765, i485, i912 and g1145. I did it all myself and even had them checked by an attorney who reassured me that I am a good candidate to get approved. I am awaiting the Notice of Action so I can have proof and my Deferred Action notice. 

 

Thank you all for your input here. I'll keep my post updated as soon as I get something from USCIS. I have my prayers all on the table. 

Edited by Miguel Rodriguez
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Filed: Citizen (apr) Country: Ecuador
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12 hours ago, Miguel Rodriguez said:

I'll keep my post updated

Thanks in advance for continuing to do so.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Here is my update for everyone in my situation.

 

Docs mailed    - 11/15/18

Received          - 11/18/18

I797 Notice     - 11/02/18

I797 Received - 11/08/18

 

What is next, Priority Date?

 

Thank you all.

Edited by Miguel Rodriguez
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Filed: Timeline
Quote

 

Did you send the 864W? 

 

As I posted before you need to join the VAWA thread here- read through it as well as the previous parts. 

VAWA is rarely discussed outside of that thread so you will get the best advice, support, and answers to your questions in that thread. 

 

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37 minutes ago, Damara said:

Did you send the 864W? 

 

As I posted before you need to join the VAWA thread here- read through it as well as the previous parts. 

VAWA is rarely discussed outside of that thread so you will get the best advice, support, and answers to your questions in that thread. 

 

Yes, I filed 360 485 765 864 912.

 

Thank you for your update. 

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Filed: Timeline

The 864W is different from the 864 (just form 864 with no W, theres also an 864A form, neither of which apply to you and should not be used)

The VAWA thread is massive but its worth reading what you can. Start at the end of part 10. Also lots of good info in parts 3 and 4. Pay attention to posts by sandranj. 

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