VAWA, Part 11

[iwillsurvive 254]

1 hour ago, Kleenex12 said:

hello @sandranj and @iwillsurvive please i need your help so my lawyer filed for my first EAD priority date august 30th 2018,then she filed my adjustment of status together with another EAD again and travel document priority date october 25th 2018,i’m so confused why she filed for another EAD and will this second EAD delay my first one??and when do you think my case will be transferred to another office?when can i start counting?thanks

I think you are confusing a few things here. 

 

Form I-485 is the only form that will give a petitioner a priority date and only in the case that the spouse was a permanent resident (not a US citizen). 

 

Form I-765 and I-131 do not have a priority date. Do you mean receipt date? 

 

Which category was the first I-765 filed under and which category was the second one filed under?

[Kleenex12 107]

Just now, iwillsurvive said:

I think you are confusing a few things here. 

 

Form I-485 is the only form that will give a petitioner a priority date and only in the case that the spouse was a permanent resident (not a US citizen). 

 

Form I-765 and I-131 do not have a priority date. Do you mean receipt date? 

 

Which category was the first I-765 filed under and which category was the second one filed under?

first ly she filed i-765 which was on the 30 th of august after my vawa was approved,then later on in october when my visa number was current since my ex husband was a permanent resident so i was eligible to file for adjustment of status which she did file on october 25th together with another 1-765 again with a travel document so right now i have two different case numbers under form 1-765 and two different dates

[iwillsurvive 254]

15 minutes ago, Kleenex12 said:

first ly she filed i-765 which was on the 30 th of august after my vawa was approved,then later on in october when my visa number was current since my ex husband was a permanent resident so i was eligible to file for adjustment of status which she did file on october 25th together with another 1-765 again with a travel document so right now i have two different case numbers under form 1-765 and two different dates

Okay that makes sense but still, in order to help you I need to know what category the I-765 was filed under the first and the second time. 

 

I am assuming that the first time was filed under c31 since you had a pending I-360 and when your I-485 PD became current she filed under C9? If that’s the case, then everything is good and you can just wait for the one filed under C9. 

But if she filed both under C9 then that’s confusing. 

[Kleenex12 107]

24 minutes ago, iwillsurvive said:

Okay that makes sense but still, in order to help you I need to know what category the I-765 was filed under the first and the second time. 

 

I am assuming that the first time was filed under c31 since you had a pending I-360 and when your I-485 PD became current she filed under C9? If that’s the case, then everything is good and you can just wait for the one filed under C9. 

But if she filed both under C9 then that’s confusing. 

the fish one was C14,then this second one is C09P

[iwillsurvive 254]

12 minutes ago, Kleenex12 said:

the fish one was C14,then this second one is C09P

Well then that makes perfect sense. You will follow the one filed under C09 since you will get that one first. This takes 3-5 months currently. 

C14 is based on deferred action which you will only be granted upon I-360 approval, so that will take much longer. 

[Kleenex12 107]

Just now, iwillsurvive said:

Well then that makes perfect sense. You will follow the one filed under C09 since you will get that one first. This takes 3-5 months currently. 

C14 is based on deferred action which you will only be granted upon I-360 approval, so that will take much longer. 

the thing is my vawa has been approved in july that’s why she filed that EAD in august 

[iwillsurvive 254]

1 hour ago, Kleenex12 said:

the thing is my vawa has been approved in july that’s why she filed that EAD in august 

Sounds like you need to ask your attorney her reasons for why she sent a 2nd I-765 under a different category. We can only speculate here. She is the only one that can answer why she did it. 

[Kleenex12 107]

4 minutes ago, iwillsurvive said:

Sounds like you need to ask your attorney her reasons for why she sent a 2nd I-765 under a different category. We can only speculate here. She is the only one that can answer why she did it. 

ok thanks alot!

[Luckynumber3 3]

I want to file divorce from my abusive ex husband. Will this affect my pending Vawa? Am a April 2018 filer. We been separated since Last year and I no longer live in the same state as him

[iwillsurvive 254]

16 minutes ago, Luckynumber3 said:

I want to file divorce from my abusive ex husband. Will this affect my pending Vawa? Am a April 2018 filer. We been separated since Last year and I no longer live in the same state as him

No it does not affect your VAWA. VAWA can be filed up to 2 years after a divorce is final. 

[Luckynumber3 3]

1 hour ago, iwillsurvive said:

No it does not affect your VAWA. VAWA can be filed up to 2 years after a divorce is final. 

Thank you so much! 

[Jan88 0]

Hi everyone

I am new here. I have been divorced from my ex-husband for half a year. A few days after we got married, because of the quarrel, he made a divorce. We haven't had time to move in and live together. But we have a baby for 9 months.He still had mental abuse to me for a long time. I have a report from a psychiatrist. Can I apply for VAWA if there is no proof of living together?

Thank you !

Edited November 16, 2018 by Jan88

[iwillsurvive 254]

1 hour ago, Jan88 said:

Hi everyone

I am new here. I have been divorced from my ex-husband for half a year. A few days after we got married, because of the quarrel, he made a divorce. We haven't had time to move in and live together. But we have a baby for 9 months.He still had mental abuse to me for a long time. I have a report from a psychiatrist. Can I apply for VAWA if there is no proof of living together?

Thank you !

No, one of the requirements to be eligible for VAWA is having lived together. 

You can look in the U Visa section of this forum to see if you qualify. 

You are not eligible for VAWA if you did not live with your abuser. 

[Hopemama 37]

@Hanna Buias I remembered, you once mentioned about asking the ombusman to represent us to contact with VSC. Will we only contact ombusman after our case fall outside normal processing time? Can they ask if our case is still in normal timeframe? How to write to them? And how can you find the ombusman?

[Waittrain 17]

My I 751 abuse waiver approved today.

 

I applied in July 2017.

 

Thank you so much @sandranj @Damara and many other folks who helped me through this process. 

 

God bless you all!