VAWA Pending, Married Again.

[Rangm021 11]

Hello Everyone! I myself have gone through the AOS Process and am currently in the lengthy process of removing conditions.  My application was sent to CSC, so it'll definitely take a while.  My question today is actually in regards to a coworker.  She's rather confused since her lawyer gave her incorrect information, and is now looking for any advice on how to proceed.

 

She got married many years ago, and ended up divorcing and submitting an adjustment of status petition under the VAWA provision, since she had ended an abusive relationship.  Her status has been pending for quite some time.  A few months, ago, she had to leave her job for a total of three months because the lawyer whom was assisting her with the entire process failed to submit the renewal EAD documents on time.  When the documents arrived at USCIS, they rejected them because they were "lacking payment".  This resulted in her having to resubmit the EAD renewal application and being out of work for three months while waiting for the "Application Received" letter.  She received the letter and is still waiting for her EAD document to arrived. 

 

My friend met a guy who works in our same building. They eventually began to date and live together.  He proposed to her, and after speaking to her lawyer, she was advised to not marry until her petition was adjudicated.  A few weeks later, when checking in with the lawyer's office regarding her EAD document, the topic of the engagement showed up, and she was advised by  another individual in the office that she could definitely get married without it affecting her VAWA petition.  Based on what I've read, that is incorrect information.  She has been married since September and isn't quite sure what to do.

 

Will her VAWA petition automatically get denied?  If so, is she able to apply for AOS through the I-130 and I-485?  In the event that she is able to go this route, what kind of additional information should she submit along with her application package?  My AOS was pretty straightforward, so I'm sure she'll need to submit other documents related to her petition?

 

Thanks in advance for your suggestions and advice, and I hope you all have a wonderful day!

[Pinkrlion 2,724]

If she is currently married to someone other than abusive spouse and her VAWA has not been approved, she is no longer eligible for VAWA.

Edited November 24, 2018 by Pinkrlion

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes, form AOS, from W, S, & T Visa~~

[TM92 527]

1 hour ago, Rangm021 said:

Will her VAWA petition automatically get denied?  If so, is she able to apply for AOS through the I-130 and I-485?

Which visa did she use to enter the US? For example, if it was a B-1/B-2 then she can file a new AOS.

[JFH 12,190]

If she came on a K-1 she cannot adjust status based on marriage to the new husband. 

[Rangm021 11]

17 minutes ago, TM92 said:

Which visa did she use to enter the US? For example, if it was a B-1/B-2 then she can file a new AOS.

 

15 minutes ago, JFH said:

If she came on a K-1 she cannot adjust status based on marriage to the new husband. 

Thank you for your replies! She entered the US on a B1/B2 Visa!

[iwillsurvive 254]

If a VAWA petitioner remarries while the I-360 is still pending, the I-360 will get denied. 

If she remarried, her new husband can file I-130 for her if he is a US citizen or LPR but she will be looked at closely. She will start back at 0 in terms of her timeline. This will be a very lengthy process. 

[Rangm021 11]

On 11/27/2018 at 1:44 PM, iwillsurvive said:

If a VAWA petitioner remarries while the I-360 is still pending, the I-360 will get denied. 

If she remarried, her new husband can file I-130 for her if he is a US citizen or LPR but she will be looked at closely. She will start back at 0 in terms of her timeline. This will be a very lengthy process. 

Thanks so much for your reply and feedback!