what application type or filing category 15 years old child needs to choose on the I485 based on VAWA Self petitioner

[hope1303 0]

Hi, every one here!

   

 I need some help with how to fill the I-485 and I864W based on my VAWA case for my children .  

 My abusive ex-husband was a U.S citizen. My attorney helped me to filed VAWA  in the July 2018 . but there are so many mistakes she made on my i360 and i 485 , i 765.  

 

Question 1 . can I send USCIS the corrected part of the Form i360 and i485 ?

       for example .my attorney  did chosen the wrong answers on form i360, page number 4, part 4, item 7;  page number 14, part 10, item 9, and time 11 etc. can i corrected these questions and only send corrected page of I36O , and i485 ( a lot of questions she answered wrong , also some  informations of  my children and me were missed , I gave her  all documents and tole her the right answers.) how to fix these mistakes that she made on my forms?  

   I am going to apply new I-765 with category C9 , and ask close the one she applied for me with category c31. 

 

Question 2. what application type of filing category that my children need to choose on their I485? My i360,i485  are pending now. Am i eligible apply my children at same time with me? they are 15 and 10 , they are living with me in the USA. 

  .a. Family-based

1a.Immediate relative of a U.S. citizen, Form I-130

 b.Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories, Form I-130

c.Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen, Form I-129F (K-1/K-2 Nonimmigrant)

d.Widow or widower of a U.S. citizen, Form I-360

e.VAWA self-petitioner, Form I-360 ? ( is this one ?)

 

or Other eligibility : Child of   VAWA Self-petitioner , based on abusive USC Spouse  ?

 

Question 3.what application type of filing category that my children need to choose on their I864w, if need one? 

part 2. Reason for Exemption

I am EXEMPT from filing Form I-864, Affidavit of Support Under Section 213A of the INA, because:

1. 1.a.  I have earned (or can be credited with) 40 quarters (credits) of coverage under the Social Security Act (SSA). (Attach SSA earnings statements. Do not count any quarters during which you received a means-tested public benefit.)

2. 1.b.  I am under 18 years of age, unmarried, immigrating as the child of a U.S. citizen, and will automatically become a U.S. citizen under the Child Citizenship Act of 2000 upon my admission to the United States.

3. 1.c.  I am filing for an immigrant visa or adjustment of status as a self-petitioning widow(er) using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

4. 1.d.  I am filing for an immigrant visa or adjustment of status as a battered spouse or child using Form I-360.  DO i choose this one for my children?       Thanks for your time and help!

[TM92 527]

3 hours ago, hope1303 said:

Question 2. what application type of filing category that my children need to choose on their I485? My i360,i485  are pending now. Am i eligible apply my children at same time with me? they are 15 and 10 , they are living with me in the USA. 

  .a. Family-based

1a.Immediate relative of a U.S. citizen, Form I-130

 b.Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories, Form I-130

c.Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen, Form I-129F (K-1/K-2 Nonimmigrant)

d.Widow or widower of a U.S. citizen, Form I-360

e.VAWA self-petitioner, Form I-360 ? ( is this one ?)

 

or Other eligibility : Child of   VAWA Self-petitioner , based on abusive USC Spouse  ?

I could not find anything definitive, but IMO use the following: Other eligibility: "Immediate relative of a VAWA self-petitioner, eligible under INA Sec. 245(a)"

3 hours ago, hope1303 said:

Question 3.what application type of filing category that my children need to choose on their I864w, if need one? 

part 2. Reason for Exemption

I am EXEMPT from filing Form I-864, Affidavit of Support Under Section 213A of the INA, because:

1. 1.a.  I have earned (or can be credited with) 40 quarters (credits) of coverage under the Social Security Act (SSA). (Attach SSA earnings statements. Do not count any quarters during which you received a means-tested public benefit.)

2. 1.b.  I am under 18 years of age, unmarried, immigrating as the child of a U.S. citizen, and will automatically become a U.S. citizen under the Child Citizenship Act of 2000 upon my admission to the United States.

3. 1.c.  I am filing for an immigrant visa or adjustment of status as a self-petitioning widow(er) using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

4. 1.d.  I am filing for an immigrant visa or adjustment of status as a battered spouse or child using Form I-360.  DO i choose this one for my children?

Again nothing definitive, but box 1.d. seems closest. You can clarify using Part 6: fill as Page 2, Part 2, Item 1.d. and "I am filing for adjustment of status as an immediate relative (child) of a VAWA self-petitioner, eligible under INA Sec. 245(a)."

 

You have probably already read this link and section "What to Submit (Derivative Applicants)" under "Family Members." Maybe @sandranj can provide some definitive info.

Edited October 7, 2018 by TM92

[hope1303 0]

10 minutes ago, TM92 said:

I could not find anything definitive, but IMO use the following: Other eligibility: "Immediate relative of a VAWA self-petitioner, eligible under INA Sec. 245(a)"

Again nothing definitive, but box 1.d. seems closest. You can clarify using Part 6: fill as Page 2, Part 2, Item 1.d. and "I am filing for adjustment of status as an immediate relative (child) of a VAWA self-petitioner, eligible under INA Sec. 245(a)."

 

You have probably already read this link and section "What to Submit (Derivative Applicants)" under "Family Members." Maybe @sandranj can provide some definitive info.

Thanks very much to Tm92.

I am going to read the link you share with me . thanks again!