VAWA, Part 11

[iwillsurvive 254]

2 hours ago, aquila said:

So does that mean once you've an approved 360, you can be scheduled for 485 interview anytime? Please correct me if misunderstanding the whole process.

Thanks

It means that your local office’s processing times apply to you. You can use your VAWA approval date and count from there. You can find your local office’s processing times here:

https://egov.uscis.gov/processing-times/

 

Local offices in big cities (esp. along the east and west coast) tend to take close to 12 months currently. Some smaller cities have 6+months for processing times. 

[Milestone2017 53]

11 hours ago, Valerie899 said:

I think I read somewhere its category IB6 if you applied on the states and IB1 if you applied overseas. 

Thank you!

[hope1303 0]

Hi every one !

    I need your help with my EAD card under the VAWA case . 

    My soon to be husband is us citizen . We are

doing divorce now . I received I-797 notice of my VAWA case receipts . And finget print notice . 

     1. How to apply EAD card by myself ?  My attorney summited my case in July . But she chosen the c31 on my I-765, she said I can not choose c9 . 

    Do I need to write a letter to Vermont center to ask them withdraw I-765 the one my attorney filed ? Or I just send a new I-765 with fees ? Can I have fed waiver on it ?

    I need EAD card to work . I have no income .and my children and i don’t have insurance. I need go to work . 

  2. I have three children are live with me in the USA . Two older children is 14& 10 years old . Youngest is three months old and he is us citizen . 

   Can I apply I -485, I -765 .  For my two big children now ? Do I need to send my receipts with them ? My attorney said need to wait My I-360 approve first then can send my children ‘s applications to the immigration office . If I can send them now , is it okay justdo it by my self not go throw my attorney?  I asked her so many times she said I can’t and told me to wait . 

  3 how divorce paper effect to

VAWA case?    It is no fault divorce in my state where I live . My divorce attorney said it would not put my soon to be ex husband abused me in the divorce paper . 

  4. Do I need take  finger print letter with me when I go to do finger print? I don’t have that letter ,my Immigration attorney has it and she did not give

me that letter or even the copy of it yet . I asked her to send me copy of scanned it to email me , but she does not do it yet . My finger print date is 14 th September. 

 

      Help me if you know how to do these things on my case please . Thanks very much in advance . Wish all filters are at here got approved. May God bless all

ot you ! 

 

 

    

[Florecita_Bella 16]

Hello everyone!

Someone who can please help me with this information:
I am preparing I-485 and I-765 (c9); Before sending it I would like to know:
1. What is the address that I-485 has to send?
2. Is it true that if a small mistake is made, for example, a misspelled name, some question is forgotten or the wrong Alien number is placed Would they deny I-485 or would they not issue I-765 until the I-360 is approved?
Thanks for your help!

Edited September 3, 2018 by Florecita_Bella

[Milestone2017 53]

11 minutes ago, Florecita_Bella said:

Hello everyone!

Someone who can please help me with this information:
I am preparing I-485 and I-765 (c9); Before sending it I would like to know:
1. What is the address that I-485 has to send?
2. Is it true that if a small mistake is made, for example, a misspelled name, some question is forgotten or the wrong Alien number is placed Would they deny I-485 or would they not issue I-765 until the I-360 is approved?
Thanks for your help!

1.) I sent mine to VSC.

2.) They usually send RFE to give the chance to correct your errors. But proofread at least 10x times so u can save time. 

[Florecita_Bella 16]

22 minutes ago, Milestone2017 said:

1.) I sent mine to VSC.

2.) They usually send RFE to give the chance to correct your errors. But proofread at least 10x times so u can save time. 

In the event that they send an RFE:
1. USCIS would not issue I-765 until said RFE is not answered? o Will USCIS begin the process of issuing I-765 once the I-485 is received (filed) independently after which an RFE application can be issued?
Please forgive my ignorance, Thanks for answering!

Edited September 3, 2018 by Florecita_Bella

[Dodgertown 27]

17 hours ago, Damara said:

It seems anyone can file online unless you are doing a fee waiver and something else, I forget- but checking box E and saying other with the ina code you referred to above should be allowed to file online. I know of some people on here who did the n400 based on the vawa but they all filed in mail cause online wasnt out yet. Dont know anyone doing this currently on VJ..

I did see a lot of mention online about recommending to send a statement with your n400 saying how you were eligible and to include specific memos (if you want the memo links) So it seems USCIS is having some difficulty knowing how to accept these still. If you mail- you would mail based on where you live- theres no special instruction to send to Vermont. You may just have to wait and see if you get the packet back (so I guess an electronic rejection?) or if it takes a bit but gets accepted. 

 

Thanks Damara. Yes, I have yet to see a person who filed N-400 online based on approved VAWA, but I also never heard that "we" must send the N-400 application to VSC for adjudication. If I remember correctly only I-485 was required to be sent to VSC. Anyways, I will send a letter to Vermont tomorrow and ask for clarification. 

 

And thanks for mentioning 319(a) policy memo. I forgot to include it during initial filing, but thanks God there is an option to upload the evidence online. Will do this asap. 

[Milestone2017 53]

7 minutes ago, Florecita_Bella said:

In the event that they send an RFE:
1. USCIS would not issue I-765 until said RFE is not answered? o Will USCIS begin the process of issuing I-765 once the I-485 is received (filed) even after an RFE application is issued?
Please forgive my ignorance, Thanks for answering!

You file 765 and 485 concurrently. If you have rfe in any of these, they will restart the processing of 765 the moment they receive your response. 

[iwillsurvive 254]

12 hours ago, hope1303 said:

Hi every one !

    I need your help with my EAD card under the VAWA case . 

    My soon to be husband is us citizen . We are

doing divorce now . I received I-797 notice of my VAWA case receipts . And finget print notice . 

     1. How to apply EAD card by myself ?  My attorney summited my case in July . But she chosen the c31 on my I-765, she said I can not choose c9 . 

    Do I need to write a letter to Vermont center to ask them withdraw I-765 the one my attorney filed ? Or I just send a new I-765 with fees ? Can I have fed waiver on it ?

    I need EAD card to work . I have no income .and my children and i don’t have insurance. I need go to work . 

  2. I have three children are live with me in the USA . Two older children is 14& 10 years old . Youngest is three months old and he is us citizen . 

   Can I apply I -485, I -765 .  For my two big children now ? Do I need to send my receipts with them ? My attorney said need to wait My I-360 approve first then can send my children ‘s applications to the immigration office . If I can send them now , is it okay justdo it by my self not go throw my attorney?  I asked her so many times she said I can’t and told me to wait . 

  3 how divorce paper effect to

VAWA case?    It is no fault divorce in my state where I live . My divorce attorney said it would not put my soon to be ex husband abused me in the divorce paper . 

  4. Do I need take  finger print letter with me when I go to do finger print? I don’t have that letter ,my Immigration attorney has it and she did not give

me that letter or even the copy of it yet . I asked her to send me copy of scanned it to email me , but she does not do it yet . My finger print date is 14 th September. 

 

      Help me if you know how to do these things on my case please . Thanks very much in advance . Wish all filters are at here got approved. May God bless all

ot you ! 

 

 

    

1. Did you file I-485? If you did, then your lawyer is wrong and you can him/her send form I-765 category C9 with a letter asking to dismiss the other I-765 under cat. C31. Unless you want to drop your lawyer completely, I do not suggest going behind their back to file things on your own. You pay your lawyer, so they have to do as you ask. If you didn’t file I-485 however, your lawyer did the right thing by filing under cat. 31.

If you need insurance, you can receive Medicaid for you and your children with Prima Facie. If you did not receive Prima Facie, you can send a letter to USCIS requesting it. 

 

2. @sandranj posted this answer on page 45 in this thread. I think a lot of questions can be answered if you read through all the VAWA threads. 

“If you didn’t submit the AOS yet then file form l824 for your daughter along with your AOS.

If you submitted your AOS you still can file l824 for your daughter but in both cases USCIS will take action in her case just AFTER  your green card is approved.”

 

3. Divorce doesn’t affect VAWA at all. 

 

4. Yes, you need the appointment letter to take to the biometrics appointment as proof that you got invited to have the biometrics done. Otherwise anybody can just walk in. Just ask your attorney to send you the original. You pay her/him, they work for you, so just be firm. 

[iwillsurvive 254]

2 hours ago, Dodgertown said:

Thanks Damara. Yes, I have yet to see a person who filed N-400 online based on approved VAWA, but I also never heard that "we" must send the N-400 application to VSC for adjudication. If I remember correctly only I-485 was required to be sent to VSC. Anyways, I will send a letter to Vermont tomorrow and ask for clarification. 

 

And thanks for mentioning 319(a) policy memo. I forgot to include it during initial filing, but thanks God there is an option to upload the evidence online. Will do this asap. 

No service center adjudicates N-400 applications. Just look at the processing times page. The information you were given by the officer is wrong. It is correct that you filed with your local office. It doesn’t matter that you got your GC through VAWA. Vermont is no longer responsible. It is your local office. 

[Villanelle 4,121]

2 hours ago, Dodgertown said:

Thanks Damara. Yes, I have yet to see a person who filed N-400 online based on approved VAWA, but I also never heard that "we" must send the N-400 application to VSC for adjudication. If I remember correctly only I-485 was required to be sent to VSC. Anyways, I will send a letter to Vermont tomorrow and ask for clarification. 

 

And thanks for mentioning 319(a) policy memo. I forgot to include it during initial filing, but thanks God there is an option to upload the evidence online. Will do this asap. 

Heres the links I mentioned if you need them-

https://www.uscis.gov/sites/default/files/files/pressrelease/PolMem89.pdf

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2005/sec319a012705.pdf

 

[iwillsurvive 254]

16 minutes ago, Damara said:

Heres the links I mentioned if you need them-

https://www.uscis.gov/sites/default/files/files/pressrelease/PolMem89.pdf

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2005/sec319a012705.pdf

 

I have read in this forum that in order to qualify for filing N-400 after 3 years, you cannot remarry in that time. However neither of the above posted memorandums mention that you can’t get married and not qualify to file after 3 years. Do you know if you can remarry and still file N-400 after 3 years?

[Villanelle 4,121]

2 hours ago, iwillsurvive said:

I have read in this forum that in order to qualify for filing N-400 after 3 years, you cannot remarry in that time. However neither of the above posted memorandums mention that you can’t get married and not qualify to file after 3 years. Do you know if you can remarry and still file N-400 after 3 years?

It is my understanding that remarriage has no impact. What does impact it is if your abuser was a USC or LPR.

N-400 filing at 3yrs is for 360 approved based on USC. You have to wait until 5yrs if approved based on LPR. (if the LPR has since become a USC oddly their citizenship allows you to file for citizenship as abused USC spouse. You can apply as soon as they are a USC for 3yrs OR you can file 5yrs from the date you became an LPR.

I do not know why there is conflicting information online about remarriage and the n-400 if you were VAWA. Some can just be people repeating outdated info I guess. And then theres people who never heard of VAWA but will make absolute statements to you cant naturalize at 3yrs if you divorced. Its always best to check with a reputable immigration attny like Sandra because things change fast in immigration. She will probably post an answer to you- whatever she says is correct   

[iwillsurvive 254]

2 minutes ago, Damara said:

It is my understanding that remarriage has no impact. What does impact it is if your abuser was a USC or LPR.

N-400 filing at 3yrs is for 360 approved based on USC. You have to wait until 5yrs if approved based on LPR. (if the LPR has since become a USC oddly their citizenship allows you to file for citizenship as abused USC spouse. You can apply as soon as they are a USC for 3yrs OR you can file 5yrs from the date you became an LPR.

I do not know why there is conflicting information online about remarriage and the n-400 if you were VAWA. Some can just be people repeating outdated info I guess. And then theres people who never heard of VAWA but will make absolute statements to you cant naturalize at 3yrs if you divorced. Its always best to check with a reputable immigration attny like Sandra because things change fast in immigration. She will probably post an answer to you- whatever she says is correct   

Great, that’s what I thought too. I wasn’t able to find any official information that stated anything about remarrying. Thank you!

[Hanna Bui 32]

On 9/3/2018 at 10:58 AM, iwillsurvive said:

1. Did you file I-485? If you did, then your lawyer is wrong and you can him/her send form I-765 category C9 with a letter asking to dismiss the other I-765 under cat. C31. Unless you want to drop your lawyer completely, I do not suggest going behind their back to file things on your own. You pay your lawyer, so they have to do as you ask. If you didn’t file I-485 however, your lawyer did the right thing by filing under cat. 31.

If you need insurance, you can receive Medicaid for you and your children with Prima Facie. If you did not receive Prima Facie, you can send a letter to USCIS requesting it. 

 

2. @sandranj posted this answer on page 45 in this thread. I think a lot of questions can be answered if you read through all the VAWA threads. 

“If you didn’t submit the AOS yet then file form l824 for your daughter along with your AOS.

If you submitted your AOS you still can file l824 for your daughter but in both cases USCIS will take action in her case just AFTER  your green card is approved.”

 

3. Divorce doesn’t affect VAWA at all. 

 

4. Yes, you need the appointment letter to take to the biometrics appointment as proof that you got invited to have the biometrics done. Otherwise anybody can just walk in. Just ask your attorney to send you the original. You pay her/him, they work for you, so just be firm. 

My lawyer filled my VAWA, I485, I765, I131 together, I765 And renew EAD on C31 for the both. But i reveived my 1st EAD C9 (my VAWA wasn't approved), the 2nd EAD C31 with appoved vawa.

 

USCIS is too messy, i still don't undersatand their working to all applications differently.

Thank you for your time to us.