VAWA, Part 11

[Kleenex12 107]

12 hours ago, sandranj said:

If it's written that your depression is caused by the abuse suffered then part of abuse claim you can prove in your VAWA petition,but you still have to tell your story and convice USCIS that you were abused.If the depression is not connected with the abuse suffered then you can't prove abuse.It depends on what the psychologist wrote in your evaluation.

Please @sandranj and @iwillsurvive I need ur help urgently I just received my biometrics appointment and my country’s passport expired and I don’t have any other identification since I don’t have any other means to go get a new one will they accept my expired passport?thankss

[iwillsurvive 254]

9 minutes ago, Kleenex12 said:

Please @sandranj and @iwillsurvive I need ur help urgently I just received my biometrics appointment and my country’s passport expired and I don’t have any other identification since I don’t have any other means to go get a new one will they accept my expired passport?thankss

You can most likely get an expedited passport. Just call your consulate and see what they can do. 

Do you have any other valid ID’s from your home country? Driver’s license, ID card, etc? 

[iwillsurvive 254]

1 hour ago, NiceGuyXLE said:

Good morning, i just received a phone call from my lawyer and he is telling me that he called to find out more info about my vawa and they told him that they are looking for divorce decree, we are not divorced and the lawyer is telling me that i should start the process to get divorced, will this in someway affect my vawa !?

Thanks 

Your lawyer is lying. Nobody can simply call about VAWA cases. Information is not given out over the phone to anyone because USCIS has no way to prove that the person on the phone is really the petitioner or the petitioner’s lawyer. For all they know it could be the abuser calling. They will only give information in person during an InfoPass appointment or via mail to the mailing address you provided. 

 

You do not need to be divorced to get approved for VAWA. You should file for divorce before I-485 because USCIS might question that you are really leaving your abuser. 

[iwillsurvive 254]

1 hour ago, MGJ_NY said:

Hi @iwillsurvive! So my lawyer told me that she already received the receipt notices and she didn’t even inform me until I asked her about it this morning. My receipt notice says that the received date is September 11 and the notice date is Septmeber 20. Does that mean the new policy memo will affect my case?

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

 

The policy went into effect on 9/11, so since your receipt date is 9/11, the policy will apply to you. But that just means that they now have the right not to ask for an RFE but they still can if they want to. 

[Kleenex12 107]

10 minutes ago, iwillsurvive said:

You can most likely get an expedited passport. Just call your consulate and see what they can do. 

Do you have any other valid ID’s from your home country? Driver’s license, ID card, etc? 

No I don’t have,all this while my lawyer has been using my expired passport because I didn’t have a means to go a passport and my country is mess up you do passport you might take two years to have it 

[MGJ_NY 106]

7 minutes ago, iwillsurvive said:

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

 

The policy went into effect on 9/11, so since your receipt date is 9/11, the policy will apply to you. But that just means that they now have the right not to ask for an RFE but they still can if they want to. 

Do you think I should just wait for them to issue and RFE for me to send the lacking documents or I should just send it right away? My lawyer has not really been so helpful, she just told me that they will just issue an RFE and I dont have to worry about it being denied. I have told her to send it earlier before but she has been taking my case for granted. It’s so frustrating. 

[Ilo 105]

2 hours ago, staypositive said:

Hi guys, quick question. I am moving and would like to change my address with USCIS. To my understanding it is not possible to change it online since I am a VAWA filer, correct? Would I have to send a letter to VSC in order to change my address and then do an InfoPass? That's how I remember some posts from VJ, but not 100% sure. I'd appreciate if someone could remind me of the process. Thank you! Have a blessed day everyone! 

I suggest you set up a mail forwarding with usps at The same time so you don't miss out on any thing. I MOVED last year and sent change of address to Vermont but they never replied back, I sent them three letters as follow up just to know if it was ever changed, the last letter I sent after 3months of the original request, then finally I received a mail from the supervisor confirming she just updated my address, she also noted that my second prima facie was sent to my old address over a month ago and I missed it. I moved again and sent change request to Vermont July this year, till now no responds but however I did set up mail forwarding with USPS and I was able to get my RFE they sent me in August even though it was mailed to my old address. I would suggest you do same while you also follow up to make sure they effect the change.

[Double 40]

38 minutes ago, MGJ_NY said:

Do you think I should just wait for them to issue and RFE for me to send the lacking documents or I should just send it right away? My lawyer has not really been so helpful, she just told me that they will just issue an RFE and I dont have to worry about it being denied. I have told her to send it earlier before but she has been taking my case for granted. It’s so frustrating. 

Always communicate your frustrations with your lawyer. I wish I had done that earlier. If there’s no understanding, hire a different one. Make your expectations known, aren’t you paying for the service?

[Double 40]

2 hours ago, NiceGuyXLE said:

the lawyer is telling me that i should start the process to get divorced, will this in someway affect my vawa !?

Thanks 

Did you mistakenly check the box “divorced” on your forms? Just a second thought. Why would they ask if you didn’t say so. I advise that you review copies of submitted forms. 

 

Otherwise, everyone is right about not needing a divorce decree.

[Ilo 105]

51 minutes ago, MGJ_NY said:

Do you think I should just wait for them to issue and RFE for me to send the lacking documents or I should just send it right away? My lawyer has not really been so helpful, she just told me that they will just issue an RFE and I dont have to worry about it being denied. I have told her to send it earlier before but she has been taking my case for granted. It’s so frustrating. 

If your lawyer was been calculating enough he or she should have known that sending the documents on 7th which was a weekend, USCIS will definitely received it while the new rule already kicked in, there was no need for the rush with such a time frame.

I would suggest you get the missing documents and wait for them or better still communicate with your lawyer. 

 

Edited September 27, 2018 by Ilo

[MGJ_NY 106]

7 minutes ago, Double said:

Always communicate your frustrations with your lawyer. I wish I had done that earlier. If there’s no understanding, hire a different one. Make your expectations known, aren’t you paying for the service?

We already have discussed about my frustrations and other issues but I don’t think she’s very knowledgeable with VAWA. I can’t hire another lawyer because I paid for her services which was my savings for college. I even asked her if I could use financial aid for scholl but said she’s not sure and will have to look into it. I have learned more from reading in this forum than from my lawyer. 

[Double 40]

1 hour ago, Kleenex12 said:

Please @sandranj and @iwillsurvive I need ur help urgently I just received my biometrics appointment and my country’s passport expired and I don’t have any other identification since I don’t have any other means to go get a new one will they accept my expired passport?thankss

Yes, they will. I used my expired passport at my biometrics appointment on 8/2018 in Texas. They only looked at the datapage showing my name and photo. No mention of expiry date since 12/2017. Although I went prepared with other documents like birth certificate, school ID, debit card, expired drivers license and everything else that has my name on it, but they didn’t ask. 

Good luck!! 

Edited September 27, 2018 by Double

[Kleenex12 107]

1 minute ago, Double said:

Yes, they will. I use my expired passport at ny biometrics appointment on 8/2018 in Texas. They only looked at the datapage showing my name and photo. No mention of expiry date since 12/2017. Although I went prepared with other documents like birth certificate, school ID, debit card, expired drivers license and everything else that has my name on it, but they didn’t ask. 

Good luck!! 

Thanks so very much,I was freaking out already!thanks a lot,feel abit relieve now!

[Double 40]

This thread is AMAZING!

All the questions I have are always answered before I even post them; change of address, obtaining benefits, timelines, everything! I spent 2017 chasing my old lawyer for information that’s readily available here. Made painful mistakes due to ignorance and lack of information. 

 

I guess I’m just being emotional this morning.

I’m really grateful!! 💕💕

Edited September 27, 2018 by Double

[MGJ_NY 106]

3 minutes ago, Ilo said:

If your lawyer was been calculating enough he or she should have known that sending the documents on 7th which was a weekend, USCIS will definitely received it while the new rule already kicked in, there was no need for the rush with such a time frame.

I would suggest you get the missing documents and wait for them or better still communicate with your lawyer. 

 

She sent the VAWA packet on the 7th because i was pressuring her to do so. So here’s my complicated story: @Double @Ilo @iwillsurvive

 

 I had my I485 interview last July 18, 2018. My lawyer accompanied me in Federal Plaza, NY so we could have my I485 held in abeyance while we are gathering documents for VAWA. We were the last people in the room. We were there at 1:00 for a 2:00pm appointment, got called at almost 6:00pm. Assuming the officer that we were assigned to was already tired or stressed out for the day, she said that “I have nothing to do with this case because your husband is not here so I’m just going to put a no-show note” and that’s it, may lawyer didn’t even say anything, she just asked for her name. The day after that, we sent a letter to USCIS stating our experience during interview and asked to hold my I485 but we didn’t get Any response until now, so we don’t know how many days am i given to file the VAWA (she said “no news is good news”), that’s why I have been calling and sending her email everyday since after the interview and asking updates, she always told that the affidavit  will be done by “next week” , weeks have past and it’s already September and I just lost it and told her we need to send it immediately so we could make it before the new policy memo kicks in. I’ve been asking her what’s going to happen if i Dont make it before Sept. 11, she said they will just issue an RFE. I just gave up asking her questions cause she doesn’t even know what she’s doing. She didn’t even inform me they already got the receipts until i emailed her this morning. This forum has really been helpful to me with gathering info about VAWA, if not I’d still probably be waiting for nothing.