VAWA, Part 11

[iwillsurvive 254]

4 hours ago, ILvisajourney said:

I have got my AOS appointment notice today, my i-360 was approved last dec.

 

looks like field office send me a family based format appointment notice and checklist. not for vawa. because the notice said  need appear with petitioner, but am self-petitioner.

but i will be there myself only

 

sandranj,  I am not sure if you can help me answer this?

 

 I have divorced after I-360 approved,  but i can't find original marriage certificate. can I only bring  divorce judgement instead of marriage certificate,  does this the matter to my interview???

 

 

 

In the notice asked to Bring ORIGINAL and copies of 

 

ID

EAD card

Certified court dispositions

Travel Documents entered USA

birth certificate  for Beneficiary, petitioner and ALL children

marriage certificate

If applying for LPR based on marriage to USC or LPR, please priovide supporting evidence of bona fides such as:

  wedding or family photos

  proof of joint residence

  bank statements and credit card statement

  proof of medical, dental, life insurance

 

There is no such thing as a VAWA based interview. All I-485 interviews are the same and I believe all notices look the same too. 

Obviously you will appear by yourself or with an attorney, not with your ex-spouse. 

 

They want originals for all copies you have sent to them, including your birth certificate, marriage certificate and divorce certificate.

If you can’t find the original marriage certificate, I would order one really fast. How did you submit a copy of it if you don’t have it?

Also take all official notices that have ever been sent to you by USCIS. 

Take your passport and all previous ones with entry stamps or visas to the US. 

Prepare a sheet with all changes that have occurred since filing I-485 (I.e. all new addresses, work history, marital status, etc. )

[Par.Hast 4]

4 hours ago, Military said:

Do no despair, since 2017 Feb, both my USCIS and DHS accounts were we stuck on "we have scheduled your interview" any update that I recieved was through my Attorney who called a dedicated VAWA hotline available exlusively to Attorneys. I only received an update at 6am on Wednesday morning "card in production" ==> see more details below.

Thanks for checking in, I tried to post last night but fell asleep after driving back to FL, from NC. See my experience below.

@gramercy My Experience was similar to yours. My interview was scheduled for 10:30, I got there at 9:45, was allowed to sit inside but I was checked in and sent upstairs at 10:15. There were only like five persons ahead of me, and they seemed to be coming back out very quickly, I thought this was either a good or bad sign. I got called in about 11am, went in was told to remain standing, then the officer swore me in. I asked him if I could place my folders on his desk and he smiled and asked what are those, I told him I brought all of the documents that I thought he might need because I wanted to make his job more easier. He smiled and said thank you, he asked me if I get approved today if I want the GC to be sent to my lawyer, I told him my address, he asked me for the updated address, I gave him, he had a bit of difficulty getting my weird street name correct, so I offered a paper that I had pre-printed with my A# and all changes in addresses, jobs, school, etc since I submitted the application.

 

He made a light joke and then said I seemed very prepared. He asked if I had a copy of my arrest disposition, I presented it. He then laughed and said I am going to ask you some questions that may sound stupid, asked a few questions from the I-485 and some he just straight up "Nah I am not going to ask that" he then asked for my updated medical, asked where I worked, I told him and then he asked where I went to Law School and I answered. Then he said "that is it, do you have any questions for me? By the way, thank you for coming so prepared, you can save most of those documents for your N400 IF you get approved.

I told him, I would like to travel soon and before I could finish, he said I cannot tell you today if you are approved, what I can tell you is that I see no reasons why I will not. I will review the file a bit more, and I will probably decide by the end of the day. 

 

At 6 am yesterday, I received an email that they have taken action on my case, I logged in and checked and it "card in production" I am so elated guys. This has been a long journey. I got Married in the last week of June 2016, lived with my spouse until the first week of October, (like about a month after my initial I-485 was filed we separated). Finally, hopefully, I will get my GC in time to go home for Christmas. Thank you to each and every member of this forum who has been supported as I was on this journey. For my fellow VJers that have been waiting for a while, keep the faith. With a marriage that lasted about three months and with all the anti-immigrant talking that was going on it was tough at times to keep the faith. However, soon I will be put this all behind me and focus on school. Hang in their guys, more VAWA and GC approvals are coming this and next month; I believe a wonderful Christmas present is in store. I will post an update again when I receive my GC.

 

 -------
TIME-LINE

Sept 2016 Filed i485 i765 I-130 and I-131 based on marriage
First Interview Date Dec 2016, rescheduled for Jan 2017, rescheduled for March 2017
Filed VAWA Feb 2017, 
Did not attend interview (that was based on marriage) Lawyer called and mailed a letter asking them to hold file (I sent a letter too)
March 2017, received a response that VSC had jurisdiction over my case (lawyer told me this meant I-485 was held)
NO RFE
Approval June 24 
Interview Notice Dated October 20th (Lawyer emailed me today) ==> No update on I-485 online
Interview on November 27
Card in Production November 28

Congratulations!

 

I would appreciate if you answer my questions;

What forms did you file for your VAWA? Did you submit another I-485 and/or I-765?

If you had work permit from marriage based petition, what happened to your EAD card? 

 

 

[Sandra G. 5,048]

19 hours ago, Aburi2018 said:

@Psquare  I filed for asylum and I was in removal proceedings.I was attending the hearings. few years after,I  got married .After I divorced my attorney put the asylum on hold and then I filed for Vawa and I also have a pending 1485.Today I got the  mail scheduling me with deportation officer and it says reason for appointment is for order of recognizance compliance.It asked me to bring my I 94 and any valid ID for this appointment.

You MUST  attend the appointment. DO NOT GO WITHOUT YOUR ATTORNEY!!!! .He will explain and prove  that you have a VAWA case and AOS pending.

[shayona 83]

On 11/28/2018 at 2:09 PM, Hanna Bui said:

My attoney filed my EAD C31 along I485, I131 with my abuser USC, but i had received EAD C09 after 4 months getting receipts from USCIS. 

It's my experience. I am not sure for your case. Hope you will get your EAD soon. 

Hi @Hanna Bui and @Mnmnm

 

You guys have never filed for greencard (I-485) by your USC spouse before applying for VAWA ? I am wondering, on this VAWA thread everyone says if we file VAWA under C-31 category then EAD will only get issued after VAWA approval. If you have filed vawa under C-31 category then how can you have been issued EAD before vawa approval ? I am really wondering about it !!!

[Hanna Bui 32]

9 minutes ago, shayona said:

Hi @Hanna Bui and @Mnmnm

 

You guys have never filed for greencard (I-485) by your USC spouse before applying for VAWA ? I am wondering, on this VAWA thread everyone says if we file VAWA under C-31 category then EAD will only get issued after VAWA approval. If you have filed vawa under C-31 category then how can you have been issued EAD before vawa approval ? I am really wondering about it !!!

I filed I-485 before applying vawa  after marriage but it was denied and didn't receive EAD. Then i had filed wava along a new I-485, I-765 marked C31. 

[iwillsurvive 254]

27 minutes ago, shayona said:

Hi @Hanna Bui and @Mnmnm

 

You guys have never filed for greencard (I-485) by your USC spouse before applying for VAWA ? I am wondering, on this VAWA thread everyone says if we file VAWA under C-31 category then EAD will only get issued after VAWA approval. If you have filed vawa under C-31 category then how can you have been issued EAD before vawa approval ? I am really wondering about it !!!

You don’t need to have a previously filed I-485 by your spouse.

You can file a I-485 along with your I-360, which qualifies you to file I-765 under C09, meaning your EAD will get issued while waiting for VAWA approval. 

If you choose not to file I-485, then I-765 has to be filed under C31 and EAD gets issued upon VAWA approval. 

Some people choose not to file I-485 along with I-360 because when VAWA gets denied, you are immediately put in removal proceedings, which will not happen if you don’t have a pending I-485. So if some people don’t have a strong VAWA case, they might choose to do this. 

If you have a strong VAWA case, it is less of a risk to file I-485 at the same time and it will speed up the AOS process after VAWA approval. 

[Blunt 167]

29 minutes ago, iwillsurvive said:

You don’t need to have a previously filed I-485 by your spouse.

You can file a I-485 along with your I-360, which qualifies you to file I-765 under C09, meaning your EAD will get issued while waiting for VAWA approval. 

If you choose not to file I-485, then I-765 has to be filed under C31 and EAD gets issued upon VAWA approval. 

Some people choose not to file I-485 along with I-360 because when VAWA gets denied, you are immediately put in removal proceedings, which will not happen if you don’t have a pending I-485. So if some people don’t have a strong VAWA case, they might choose to do this. 

If you have a strong VAWA case, it is less of a risk to file I-485 at the same time and it will speed up the AOS process after VAWA approval. 

What differentiates a strong vawa case and a weak vawa case ...this is my first time of hearing this 

[Hopemama 37]

1 hour ago, Psquare said:

What differentiates a strong vawa case and a weak vawa case ...this is my first time of hearing this 

There is no clear definition for a strong or weak case. It is up to the USCIS officers. Some attorneys, including my current, told me that physical abuse with police report, hospital report of injury are strong. But from what I learnt here, and from my own story, mental abuse is hurt as much as being hitted. 

And there is people here approved from mental abuse.

I think the point is if you could take the risk of being denied and put in deporting list--> c09 here you go. Or if you could afford to live without income for more than a year in USA during pending time--> c31 is a safe way.

On the good side, I read some thread above people was denied then they take actions (I don't remember the terms) and they got approval. 

Edited November 30, 2018 by Hopemama

[Blunt 167]

41 minutes ago, Hopemama said:

There is no clear definition for a strong or weak case. It is up to the USCIS officers. Some attorneys, including my current, told me that physical abuse with police report, hospital report of injury are strong. But from what I learnt here, and from my own story, mental abuse is hurt as much as being hitted. 

And there is people here approved from mental abuse.

I think the point is if you could take the risk of being denied and put in deporting list--> c09 here you go. Or if you could afford to live without income for more than a year in USA during pending time--> c31 is a safe way.

On the good side, I read some thread above people was denied then they take actions (I don't remember the terms) and they got approval. 

Cause it’s strange to me when she said strong vawa case and weak vawa case.like me my wife threw fork and landed on my face I was calling 911..she said when am done she will call ICE and tell them am illegal ..please tell me how I Can call the cops when she threatened me with that even before that day she has been telling me she gonna withdraw her petition and Make sure I get deported that even if I insisted that she should go to the interview with me that she’s gonna screw the interview up so tell me how to differentiate strong vawa case like that ..she has all the power in her hands ...cause she’s citizen  am not even a green card holder so it’s hard to call the cops ...

[Sandra G. 5,048]

2 hours ago, Psquare said:

What differentiates a strong vawa case and a weak vawa case ...this is my first time of hearing this 

WEAK case is when you don't have documents to prove bonafide marriage and/or abuse. if you don't have a police report or a restraining order, or a psychological evaluation then your case is weak, how can you prove abuse without one of the documents that I  mentioned above? 

[Blunt 167]

13 minutes ago, sandranj said:

WEAK case is when you don't have documents to prove bonafide marriage and/or abuse. if you don't have a police report or a restraining order, or a psychological evaluation then your case is weak, how can you prove abuse without one of the documents that I  mentioned above? 

Well in my case I am undergoing the psychological evaluation at a psychotherapist...I explained what am facing how I can’t  eat and I Dnt sleep for months now cause I am depressed..the diagnose me for depression and called the pharmacy to go and take my drugs everything is free..even the drugs that they prescribed for me is named ZOLOFT(sertraline) and She told me that the more am taking the medication that I will get better over time...they diagnosed me of so many thing s including anxiety and and always forgetting myself ...so that’s the drugs they told me to use ...everything is free...so they said I will need so many therapy sessions before they can stop so that they must be assured that am better before I can stop the therapy...I hope with that I have strong case ..I have my abusive wife birth certificate,I have marriage certificate,hotel receipt of our names on it , joint bank account running for like 9 months ,a room rent receipt that we pay 500$ monthly, tenancy agreement between me and her and the landlord , both of our names are on the receipt,wedding anniversary card from my sister from Canada,and her threatening messages on Facebook that she’s gonna get me deported , she injured me with fork and the mark is still there ...I hope my case is not weak cause I Dnt want to file this vawa and get denied it’s gonna be a pain ...I am going to do the police clearance for GMC from here and my home country ...then get affidavits from three of people who knows about the abuse ...the only thing I Dnt have is police report or restraining order ...if vawa is not stopped by December 7 I hope with all those things I listed I am qualified ...and I have over 300 pictures together including her sisters and friends and marriage pics of just me and her ...I hope I am good to go ...hope they won’t be requesting for restraining order ???? Cause am scared again with this strong and weak vawa case 

[Ylx 81]

Hi everyone. Yesterday i got my prima facie. Receipt notice of my package was octuber 15 2018.

Octuber 17 2018 denied my fee waiver. And return i485 and i765. .

Octuber 19 notice to do biometric..

November 5 The money order and the forms was send

November 9. Biometric appointment

 

My question is how much time should i wait to receive my EAD under c09?. and average if they request and RFE how much after of the prima facie is approve they will issue this document ? Thx

 

[CantWaitNoMore 6]

Hello guys! 

My day has come and I’m scared as hell.

here is my timeline

march 6, 2017 submitted 360,485,765

march 14 USCIS receive them

sept 6, 2017 ...360 approved(very lucky)

Nov 27 2018 interview notice 

interview date: Dec 20th 2018... 

wish everyone good luck in this long journey... Please keep me in your prayer guys!!!

[Gogetter18 283]

5 minutes ago, CantWaitNoMore said:

Hello guys! 

My day has come and I’m scared as hell.

here is my timeline

march 6, 2017 submitted 360,485,765

march 14 USCIS receive them

sept 6, 2017 ...360 approved(very lucky)

Nov 27 2018 interview notice 

interview date: Dec 20th 2018... 

wish everyone good luck in this long journey... Please keep me in your prayer guys!!!

@CantWaitNoMore Big congratulations to you!!!!! That is such awesome news!!! God is great!! That was super fast too 🙂

Can you please share your timeline? Thanks.

Wishing you an instant approval at your GC interview 🙂

[Ilo 105]

1 hour ago, Ylx said:

Hi everyone. Yesterday i got my prima facie. Receipt notice of my package was octuber 15 2018.

Octuber 17 2018 denied my fee waiver. And return i485 and i765. .

Octuber 19 notice to do biometric..

November 5 The money order and the forms was send

November 9. Biometric appointment

 

My question is how much time should i wait to receive my EAD under c09?. and average if they request and RFE how much after of the prima facie is approve they will issue this document ? Thx

 

You should receive your EAD within 3-5months, vawa takes 16 to 21months to be approved, it's a long wait, all you need is patience.😊

Edited November 30, 2018 by Ilo