VAWA, Part 11

[Sandra G. 5,057]

17 hours ago, xoxox said:

Hi Everyone.                                                                       Please someone experience with vawa .. I have question , it's long story but I will try be quick .. My sister she had pervious I 485 I 130 I 765 her husband USA citizen he filed for her and he refused to go with her to interview and he told her that he feel sick and he is not going anywhere she went to interview by herself to asked them there if they can reschedule her interview they said to reschedule send us evidence from doctor and reasons to reschedule interview so they put I 485 on hold still pending but her husband refused to give her any paper from doctor as evidence to reschedule .. They are divorced Now .. She filed i 360 vawa her husband abuse her and she suffered a lot and acutely she had strong case ..  Durning the time  waiting for i 360 decision she send new application to renew her work permit I 765  they received the case and it's says finger print review completed that's based on pervious I 485 . She had hope that after vawa approved she can transfer her I 130 to I 360 .. recently she got her c 31 But she didn't receive approval letter yet !    

What to do Now

1- Can she file New I 485 I 765 Now ? Without withdrawal pervious I 485 I 765 ?                                                                    

 

 2- Does USCIS transfer I 130 to I 360 automatic ?           

3-How long it takes to get approval letter after receiving c31 card ?

 

 

If her I-485 is pending SHE SHOULD NOT to file a new I-485. The I-360 is a self petition, they do not transfer the I-130 to I-360, they are two complete different petitions. It does exist a priority date in cases where the abused person is married to a green card holder then USCIS consider the time when the I-130 was filed.

 

She should get the approval letter within 10 days, but some poeple posted here they took 60days to receive the approval letter.

Edited September 22, 2018 by sandranj

[ahmad- 56]

Hello guys, I am sure you all know that VAWA is scheduled to be reauthorized on Sept 30th 2018.  

 

If its not reauthorized that means no one can file vawa again.... but what about if a application gets denied? what would that person do ?

 

Any one can give any input ?

 

Thanks

[xoxox 72]

20 hours ago, Damara said:

@Kleenex12 The information about the EAD extension is on USCIS.com . They have also been sending out notices to people (even people it didnt apply to but not everyone who it applies to will get/has gotten a notice) If you meet the criteria above you have the auto 180 day extension and your employer should accept it. 

The processing time I quoted is currently the 'estimated wait time' users on VJ are reporting getting their EADs. VJ has pretty big forums. Theres a section for everything and one section is tracking EADs/NOA/Approvals/how long till interview etc. So the VJ estimated wait is based on whats actually occurring for people around the US - not an official source but accurate nonetheless.

 

@xoxoxPlease do not post the same question again right away. You have to give people time to answer. For most if they dont know the answer they will just skip it rather then flooding the already long thread with I dont know answers or speculation. If your question falls back 3-5 pages with no answer then ask again because it might have gotten overlooked.

Anyway I think most people are skipping your question because it doesnt make any sense. When you file and  get approved the 360 thats your "base" form to make you eligible to adjust/file 485. Similarly the 130 is a "base" form as it establishes a qualifying relationship. You one have one base form and its the 360. Forget the 130. 

Does your sister have an attny or is she filing on her own? As long as the exhusband does not withdraw the support he agreed to when they filed the 485(first one) together then USCIS can hold it until your 360 is approved. You usually go and tell them you filed for VAWA and ask them to hold it. It seems the local office did hold the 485 waiting for them to reschedule- and for a very long time it seems since she was able to file for and get approved 360. So she should have a valid 485 on hold and does not need to file/pay again. USCIS will automatically (it can take a while to move stuff around) but they should automatically match up all your files after the 360 approval and get it where its gotta be - the next thing you should be looking for is the approval (obviously) and then watch online for it to get to interview waiting to be scheduled. Someone here might be able to give you a timeline of what to expect after 360 approval  or read back through some of the VAWA thread as I know its been posted.

 

Also if she has a c09 EAD and filed to renew it and got a renewal c09 EAD and then also got a c31 EAD card, she really should send the c31 card back to Vermont. You are only suppose to have one EAD - the 'c' codes make them different in their system.  If she filed her renewal and didnt get the new card then I still believe the right thing to do is to send the c31 one back as the c09 one has an auto 180 day extension and is probably still valid. Since she had c09 first she needs to stick with it or formally have it end/expire and begin using a new category EAD. I hope this wasnt confusing.

 

Thank you so Much Damara , I am appreciate  .. Sorry I thought My question it Might have been overlooked : )  .. Your answer is very clear .. Actually yes she has good lawyer but the problem is some lawyers they don't have enough experience with vawa He said we Need to File New I 485 I 765 and we don't have to withdrawal the pervious one  he said also USCIS they have all information and after she file new 485 on interview date for New 485 the officer will Much all information from her A Number and he has to explain the circumstances .. Don't know  !! She Been told also from other attorney just for second opinion he said that she can renew her work permit even after divorce because they will transfer her I 130 to I 360 automatic .. The thing is she didn't receive c 9 so far .. What is strange on c 31 card they used the same photo  picture which it's already on c 9 card when she made her fingerprint the first time , they used the same one !! 

Edited September 22, 2018 by xoxox

[xoxox 72]

19 hours ago, MJM2001 said:

1. She can't file a new 485 while one is pending and same with 765.

2. They don't transfer. They are separate petitions.

3. No one knows. Wait for a bit then ask USCIS

Thank you so Much ..  her situation is confusing and Complicated .. I don't know what the best thing to do for this case !

[xoxox 72]

9 hours ago, sandranj said:

If her I-485 is pending SHE SHOULD NOT to file a new I-485. The I-360 is a self petition, they do not transfer the I-130 to I-360, they are two complete different petitions. It does exist a priority date in cases where the abused person is married to a green card holder then USCIS consider the time when the I-130 was filed.

 

She should get the approval letter within 10 days, but some poeple posted here they took 60days to receive the approval letter.

Thank you very Much Sandra .. Really I am appreciate your help .. You guys are the best ..you have alot experience ,  I am so happy that you answer My question ..  please Sandra Could you please give Me advise what to Do ? Because her attorney said we have to file New I 485 765 Not Necessary withdrawal pervious  485  765 Because its the same A Number is it wrong if we do that ? .. Or could you please tell Me what is Our options ?   Thank you a lot again Sandra .

[SUicidaL-3876 48]

On 9/21/2018 at 5:43 PM, Pinkrlion said:

Filed EAD renewal on 8/28, still nothing.

Update us when you hear something. I filed mine on the same date.  

[rayofhope 34]

Hi All... immigrants using public benefits will get their green card denied .... posted on dhs website ... someone said it wont affect vawa person is it true as i used a year food stamp and cash for my son and now medical only .........,   Pls clarify 🙏🏿🙏🏿🙏🏿🙏🏿

[FocusedFemale 60]

11 minutes ago, rayofhope said:

Hi All... immigrants using public benefits will get their green card denied .... posted on dhs website ... someone said it wont affect vawa person is it true as i used a year food stamp and cash for my son and now medical only .........,   Pls clarify 🙏🏿🙏🏿🙏🏿🙏🏿

Hi, I read it said if we accepted food and college tuition it’s okay, but not cash. I accepted both cash and food stamps for over 6 months. My green card was approved, and I have it in my hands. At the interview, the lady mentioned that she I said I had, and I answered yes. She made a note and moved on. She spent no time on the matter. If you don’t have a job and you’re still on it at the time of your interview, that’s where I think the problem comes in, because you will be a public charge. I might’ve gotten approved because I stopped taking food stamps and cash, as soon as I got a job. She did ask me about my current jobs (I have two). They want to see that you’re trying. If you can work, you should do so. If not, then I wish you all the best, and pray they won’t hold it against you, or use it to judge your future. 

[Roms2017 115]

On 9/21/2018 at 9:01 PM, xoxox said:

Hi Everyone.                                                                       Please someone experience with vawa .. I have question , it's long story but I will try be quick .. My sister she had pervious I 485 I 130 I 765 her husband USA citizen he filed for her and he refused to go with her to interview and he told her that he feel sick and he is not going anywhere she went to interview by herself to asked them there if they can reschedule her interview they said to reschedule send us evidence from doctor and reasons to reschedule interview so they put I 485 on hold still pending but her husband refused to give her any paper from doctor as evidence to reschedule .. They are divorced Now .. She filed i 360 vawa her husband abuse her and she suffered a lot and acutely she had strong case ..  Durning the time  waiting for i 360 decision she send new application to renew her work permit I 765  they received the case and it's says finger print review completed that's based on pervious I 485 . She had hope that after vawa approved she can transfer her I 130 to I 360 .. recently she got her c 31 But she didn't receive approval letter yet !    

What to do Now

1- Can she file New I 485 I 765 Now ? Without withdrawal pervious I 485 I 765 ?                                                                    

 

 2- Does USCIS transfer I 130 to I 360 automatic ?           

3-How long it takes to get approval letter after receiving c31 card ?

I  think i have a same problem too

We never went to my interview on January 2016 due to abuse, so Feb 2017 i filed for vawa with all the FORMS without withdraw the previews petition i didn't know that i was supposed to withdraw it first, just recently my I 360 was approved  July 2018 and August 6 they transferred my I 485 to another office then August 9th my local office received the new I 485 base on vawa.

Now do i have to withdraw the first I 485

That my abuser submitted ? I beleive it's still pending, now i am confused

So please any advise will be appreciated

[Roms2017 115]

2 minutes ago, Roms2017 said:

I  think i have a same problem too

We never went to my interview on January 2016 due to abuse, so Feb 2017 i filed for vawa with all the FORMS without withdraw the previews petition i didn't know that i was supposed to withdraw it first, just recently my I 360 was approved  July 2018 and August 6 they transferred my I 485 to another office then August 9th my local office received the new I 485 base on vawa.

Now do i have to withdraw the first I 485

That my abuser submitted ? I beleive it's still pending, now i am confused

So please any advise will be appreciated

  think i have a same problem too

We never went to my interview on January 2016 due to abuse, so Feb 2017 i filed for vawa with all the FORMS without withdraw the previews petition i didn't know that i was supposed to withdraw it first, just recently my I 360 was approved  July 2018 and August 6 they transferred my I 485 to another office then August 9th my local office received the new I 485 base on vawa.

Now do i have to withdraw the first I 485

That my abuser submitted ? I beleive it's still pending, now i am confused

So please any advise will be appreciated

[rayofhope 34]

31 minutes ago, FocusedFemale said:

Hi, I read it said if we accepted food and college tuition it’s okay, but not cash. I accepted both cash and food stamps for over 6 months. My green card was approved, and I have it in my hands. At the interview, the lady mentioned that she I said I had, and I answered yes. She made a note and moved on. She spent no time on the matter. If you don’t have a job and you’re still on it at the time of your interview, that’s where I think the problem comes in, because you will be a public charge. I might’ve gotten approved because I stopped taking food stamps and cash, as soon as I got a job. She did ask me about my current jobs (I have two). They want to see that you’re trying. If you can work, you should do so. If not, then I wish you all the best, and pray they won’t hold it against you, or use it to judge your future. 

Thx... i read it mow ... i stopped taking in nov 2017 it was only a year started working june 2017 so only medical now ..🙏🏿🙏🏿

[FocusedFemale 60]

21 minutes ago, rayofhope said:

Thx... i read it mow ... i stopped taking in nov 2017 it was only a year started working june 2017 so only medical now ..🙏🏿🙏🏿

If they ask about it, explain your situation, and be apologetic. If they don’t ask for an explanation, don’t offer one. Take proof of employment when attending interview, just in case. 

[xoxox 72]

1 hour ago, Roms2017 said:

  think i have a same problem too

We never went to my interview on January 2016 due to abuse, so Feb 2017 i filed for vawa with all the FORMS without withdraw the previews petition i didn't know that i was supposed to withdraw it first, just recently my I 360 was approved  July 2018 and August 6 they transferred my I 485 to another office then August 9th my local office received the new I 485 base on vawa.

Now do i have to withdraw the first I 485

That my abuser submitted ? I beleive it's still pending, now i am confused

So please any advise will be appreciated

That's the same problem .. I think there's other people have the same problem too , people who have pervious pending 485 or them case on hold and wait for vawa decision  .. I don't know if the law has explicit paragraph Regarding this subject or not .. I think we both have to wait for @ Sandra answer and Darama .. Wait to see what what's our options .. What all paper and application you submitted for New I 485 ? i 765 w 864 I 693  receipt notice I 360  Marriage Certification / divorce degree and copy of your abuser Passport  ? Did you receive approval notice I 360 yet ? Are you sure your pervious I 485 still pending because I think a question when you fill up any form I 485 which it ask you if you had /have case pending before what was your answer ? Thanks.

[rayofhope 34]

2 hours ago, rayofhope said:

Thx... i read it mow ... i stopped taking in nov 2017 it was only a year started working june 2017 so only medical now ..🙏🏿🙏🏿

 

2 hours ago, rayofhope said:

Thx... i read it mow ... i stopped taking in nov 2017 it was only a year started working june 2017 so only medical now ..🙏🏿🙏🏿

This is the excerpt from proposed rule who have to file affidavit declaration of self sufficiency but we do not have to give dtstement ss we are exempted 👏🏻👏🏻 God is great do to my understanding it doesn’t applies on us...

correct me if im wrong...

below is the rule proposed
No. (I-360 and adjustment) Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, Pub. L. 100-202
Exempt. Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, Pub. L. 100-202
 
IW-6 Spouses, widows or widowers
 
Yes. INA 212(a)(4)(A)
 
Exempt. 8 CFR 204.2 and 71 FR 35732.
Immediate Relative VAWA applicant, including spouses and children198
No. INA 212(a)(4)(E)
Exempt. INA 212(a)(4)(E)
First Preference VAWA
B-16 Unmarried sons/daughters of U.S. citizens, self-petitioning
B-17 Children of B-16
No. INA 212(a)(4)(C)(i)
Exempt. INA 212(a)(4)(C)(i)
Second Preference VAWA applicant, including spouses and children199
No. INA 212(a)(4)(C)(i)
Exempt. INA 212(a)(4)(C)(i)
        

[Roms2017 115]

15 minutes ago, xoxox said:

That's the same problem .. I think there's other people have the same problem too , people who have pervious pending 485 or them case on hold and wait for vawa decision  .. I don't know if the law has explicit paragraph Regarding this subject or not .. I think we both have to wait for @ Sandra answer and Darama .. Wait to see what what's our options .. What all paper and application you submitted for New I 485 ? i 765 w 864 I 693  receipt notice I 360  Marriage Certification / divorce degree and copy of your abuser Passport  ? Did you receive approval notice I 360 yet ? Are you sure your pervious I 485 still pending because I think a question when you fill up any form I 485 which it ask you if you had /have case pending before what was your answer ? Thanks.

Yeah i submitted everythings and i got approve on July 2018 and i received the approval notice one week after .

Case pending the answer was yes