VAWA, Part 14

[Omega 15]

Please how long after I got the Card in production notice will I actually receive the approval on I-360. Its been over one month that I received card in production, and have the card in hand, but still waiting for Vawa approval. THIS IS CRAZY

Thanks

[Stillwinning!!!😊 4,570]

6 minutes ago, Omega said:

Please how long after I got the Card in production notice will I actually receive the approval on I-360. Its been over one month that I received card in production, and have the card in hand, but still waiting for Vawa approval. THIS IS CRAZY

Thanks

Yeah..I thought so too..but it's coming..mine was: card production March 28, approval update: April 26 some may take a little longer...that's how it is...

[tawayacct 0]

Hello everyone.. I have been a lurker for a while now and am thinking if I should file for VAWA.. This is my throwaway account as my husband knows about my other account. I also messaged one of the people who has been posting here and I am posting what I sent the person. I would just like to ask for the input of the people here if I may be eligible for it.. 

 

I went here in the USA last June 2018 using a B2 visa. We have no intentions to marry, I was just here to visit my family in California and visit him in South Dakota. Our relationship was good and we even went out to Florida to visit his dad. I was bound to leave USA on November 2018, but we decided to get married as we wanted to start our lives together and we were having a hard time of being in a long distance relationship which was going on for 4 years at the time. We wanted to not be apart and believed we were ready to get married. I was skeptical at first because I knew how risky that could be, considering I entered using B2 but we did it anyway as we believed this will start our life together.

 

We got married in November 2018 we filed my I-130 and I-485 on December 2018. I lived in South Dakota. Since we both didn't really have much of an income or money in the bank, we had to ask my Aunt's fiancé to fill out an I-864. We had a small argument about the filing and he did not care about my legal status in the USA and I was getting frustrated because I did not want to get in legal trouble and I took that risk of staying here for him. Anyway, when we received the I-864, he called my family sketchy for having that much income. Shortly after that, he became very controlling. We get into small arguments, and I would just be passive about it so he can calm down, but then when he can't take me not saying anything he would start cussing at me. I was getting scared and threatened to call the police. He stopped for a little bit when I did. Everyday was just a struggle after that, I didn't work as I did not have my EAD yet, so I just stayed at the apartment most of the time. I also didn't have a driver's license and a car. When I would ask him to drive me somewhere, he would get annoyed and frustrated that I'm messing up his schedule, so I just stopped asking him to do that for me. Having sexual intercourse also became an issue, I felt scared of him so I wasn't really feeling like doing it with him. Everyday he would bring up if I would like to have sex with him that night (Which means I have to be in bed by 8PM, I usually don't sleep until 12AM. He also tries to control what time I should be in bed) and it would always give me anxiety to say no because he will get mad or give me the silent treatment which I didn't want because I already felt alone and isolated, I did not have family or friends in South Dakota. It is also relevant to mention to say that every night he would check and want me to drink my contraceptive pills in front of him, and told me if I got pregnant and decided to keep the baby and not get an abortion he would leave me. I got forced to do it because I only have him there. I asked him if we could make friends there apart from his own, but he would always say he isn't a social person. 

 

I asked permission to him that I will be flying to California and visit my family there for a month or so, from January to February or March. Thankfully he said yes. I thought it would be a good idea to come to California as he will not be in the apartment most of the time because he had school. It was all going good until he started to ask me to come back just after a week of being here. He told me I was not messaging and calling him enough. I explained that apart from the time difference, he wasn't always available on the time I am available. I thought about extending my stay in California, and he got very mad about it. He then started to use divorce to threaten me to come back to South Dakota. He knew I would be scared of a divorce because that could cause my illegal status here.

 

Here are the things he did to me lately, and I hope you can give your insight if this is indeed emotional abuse:

 

- He told me, in this exact words on text: "Everytime you don't do what I want you to do I could hold it over your head that I will just get a divorce." and everything just went very much downhill after that. I expressed that I want to feel independent just a little bit and don't do things that are against my will.

 

- He then told me that "I have thought about how you wanted to be independent. You kind of gave that up when you wanted to get married". Everyday he would text me and tell me I'm intentionally not texting or calling him. I say I try to and that I'm not always on my phone, he told me he did not believe me. I was just very passive about the whole situation because I thought this is how a marriage is. Every night I could not sleep properly and just overthink from his threat, as he is always reminding me of his power over me. I wasn't mentioning this to any of my family or friends as my husband would tell me that everything's my fault, blaming me that the way he is treating me is because I wasn't texting or calling him enough. I was begging him to not use it against me and that I was doing everything I could to communicate at the time that is good for him. He would give me silent treatment for days just because he felt like it, and when I don't reply for hours he is already threatening me.

 

- Before we even met each other, I was already a cigarette smoker. Out of the blue, he messaged me saying that I am such a disappointment for smoking and he doesn't want to continue the marriage if I don't quit. He says that it affects everything we do because I go on cigarette breaks. He also told me it is very unattractive. He told me that not smoking is also a requirement for him to not divorce me.

 

- He also required me to have sexual intercourse with him at least 2x a week, and telling me that it is important to him even though he knows I have low sex drive, which is also caused by him getting upset when I don't want to do it.

 

- One time I could not deal with it anymore, I ran to a friend for advice. She told me that I should try to apply for Medi-Cal, because I cannot afford psychiatric services and that I should do it as soon as possible because she doesn't feel like I'm acting normal and told me she never saw me in that bad of a state before. 

 

- One time, I posted a photo on social media and one guy left a "<3" comment on my picture. He then started to accuse me of cheating on him because of that. The guy who commented on my picture was not interested in me, as he is gay. I explained that to him but then he continually told me that I have time to post a picture on social media and I don't have time to send my pictures to him. I did not argue with him anymore as I was already scared he might threaten me again. I just apologized. A few days after that, I sent him a picture of me wearing a dress. He then told me "When did you start wearing a dress?" I told him those were just borrowed from my Aunt. He then asked me if I was trying to look attractive for other guys. He was trying to fish and accuse me for cheating just for wearing a dress. 

 

- My grandfather became terminally ill and got put on hospice care. I told him that I don't think it's a good idea to go back to South Dakota because my grandfather is on his last days so I asked him to come in California, and he said he did not have money to do so. I called him saying that my dad wanted to talk to him. It was on loudspeaker so I could hear everything. My dad offered to pay his plane ticket as I need emotional support for everything. He was very nice to my dad. As soon as I removed it on speaker and went outside to talk to him on the phone privately, he said that he was disinterested and did not care and wants me to be back in South Dakota as soon as possible. I asked him to give me a few weeks just to stay and he reminded me of the divorce again. 

 

- On my birthday, he called me. I thought to myself that wow it is nice he is calling me on my birthday he probably wants to greet me and talk since it is my birthday. He then asked me about our joint bank account. I did not have any bank accounts for my own because I cannot apply for one as I do not have enough identification as a requirement. He then threatened to close the bank account we have. 

 

I am at a loss right now on what to do.. every time I try to explain myself he cuts me off and laughs at me. Whenever he would get a gist that I may tell my family or authorities what he's been doing and telling me, he's going to start to be nice and tell me he was only acting that way because of how I don't text or call often. He makes me feel guilty and then blames me. He also tells me that I should do what he wants if I really loved him. If I ever try to tell him off, he would bring up unrelated issues. 

 

Do you think that I will be eligible for VAWA based on what's been going on with me and my husband? I am scared to go back to South Dakota because I don't know what he's going to do to me if I don't obey him.. I also recently just called a non-profit organization to ask a few questions regarding my situation, and the person I talked to told me that I may not file for it because there was no threats to physically harm me.

[Blunt 167]

2 hours ago, Villanelle said:

You will get a NOA after you file the EAD renewal. On the NOA it should explain how that document is the filing receipt as well as language stating it extends the EAD.   Due to processing times the NOAs are now valid for 180 day extension even if it doesn't state so. See the above stillwinning posted

Thanks for replying my question ,so what should I take to the DMV to renew my drivers license before they send me another card ....and it is compulsorily I use my lawyer to file the renewal of EAD again ...thanks 

[Blunt 167]

2 hours ago, Stillwinning!!!😊 said:

Probably..but try and read this see if it helps...

 

4.2 Automatic Extensions of Employment Authorization Documents (EADs) in Certain Circumstances

Automatic Extensions Based on Timely Employment Authorization Document (Form I-766) Renewal Application

Foreign nationals in certain employment eligibility categories who file an EAD renewal application may receive automatic extensions of their expiring EAD for up to 180 days. The extension begins on the date the EAD expires and continues for up to 180 days unless the renewal application is denied. An automatic EAD extension depends on these requirements:

• The employee must have timely filed an application to renew their EAD before it expires (except certain employees granted Temporary Protected Status (TPS)), and the application remains pending;
• The eligibility category on the face of the EAD is the same eligibility category code on the Form I-797C Notice of Action, the employee received from USCIS indicating USCIS’s receipt of their renewal application (except employees with TPS who may have a C19/A12 combination); and
• The eligibility category is listed on uscis.gov as eligible for EAD automatic extensions. As of the date of publication of this M-274, Handbook for Employers, eligibility categories codes for a 180-day automatic extension are A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31 and A12 or C19.

The employee’s expired EAD in combination with the Form I-797C Notice of Action showing that the EAD renewal application was timely filed and showing the same qualifying eligibility category as that on the expired EAD is an acceptable document for Form I-9. This document combination is considered an unexpired Employment Authorization Document (Form I-766) under List A.

 

Thanks for your response...I want to ask you the documents to take you DMV to renew my drivers license pending the time the will send me another EAD card and what day does the 180 days extension starts counting ...

[Stillwinning!!!😊 4,570]

1 minute ago, Blunt said:

Thanks for your response...I want to ask you the documents to take you DMV to renew my drivers license pending the time the will send me another EAD card and what day does the 180 days extension starts counting ...

EAD extension obviously start counting from the day your current EAD expires...here in N.Y. I took my expired license, EAD, and the renewal fees, I don't know what state you're at..but you can google to be sure about the docs for licence renewal in your location..I filled the form at my DMV and did eye test too over there..that's about it.

[Blunt 167]

8 minutes ago, Stillwinning!!!😊 said:

EAD extension obviously start counting from the day your current EAD expires...here in N.Y. I took my expired license, EAD, and the renewal fees, I don't know what state you're at..but you can google to be sure about the docs for licence renewal in your location..I filled the form at my DMV and did eye test too over there..that's about it.

So you just went to DMV with your expired EAD and drivers license renewal fee? I thought someone needs to go with i485 receipt ,i360 receipt and i765 receipt ..so that they can confirm on their system that someone’s application for green card is still pending...

[FridayGirl@69 318]

53 minutes ago, Omega said:

Please how long after I got the Card in production notice will I actually receive the approval on I-360. Its been over one month that I received card in production, and have the card in hand, but still waiting for Vawa approval. THIS IS CRAZY

Thanks

As my experience:

10/29/18 I360/Vawa approved 

11/6/18 EAD Card in hands

1/22/19 I360/Vawa Approval Notice 

i hope it helps!

I requested twice the. NOA’s receipt 

after 30 days of approval  and 60 days of approval until I got it!

[Stillwinning!!!😊 4,570]

1 minute ago, Blunt said:

So you just went to DMV with your expired EAD and drivers license renewal fee? I thought someone needs to go with i485 receipt ,i360 receipt and i765 receipt ..so that they can confirm on their system that someone’s application for green card is still pending...

I have just communicated to you the documents I went with, and as we have this exchange, I am in position of my drivers licence...the valid EAD takes the place of the documents you mentioned! 

[Blunt 167]

7 minutes ago, Stillwinning!!!😊 said:

I have just communicated to you the documents I went with, and as we have this exchange, I am in position of my drivers licence...the valid EAD takes the place of the documents you mentioned! 

Ohhh they will check on their system with the expired EAD that someone’s application is pending ?? Or you have to explain to them ..

[Stillwinning!!!😊 4,570]

19 minutes ago, Stillwinning!!!😊 said:

EAD extension obviously start counting from the day your current EAD expires...here in N.Y. I took my expired license, EAD, and the renewal fees, I don't know what state you're at..but you can google to be sure about the docs for licence renewal in your location..I filled the form at my DMV and did eye test too over there..that's about it.

@Blunt if you pay attention to my response here..you will find that I said clearly..expired licence, EAD and renewal fees! Expired licence is one thing..and it's seperated from the mentioned EAD by a coma, it doesn't make sense to renew licence with an expired EAD..DMV wouldn't accept it! I hope you'll understand me better now!

[Stillwinning!!!😊 4,570]

4 minutes ago, Blunt said:

Ohhh they will check on their system with the expired EAD that someone’s application is pending ?? Or you have to explain to them ..

If you have sent out your EAD renewal..and gotten NOA, DMV might accept it..but of course it depends on your location/officer which you are yet to disclose! I wouldn't know another way it works out..I can only tell you/defend how I obtained mine as that's all I had to present! Maybe someone in your particular kind of situation can explain how they did!

Edited June 25, 2019 by Stillwinning!!!😊

[Blunt 167]

12 minutes ago, Stillwinning!!!😊 said:

If you have sent out your EAD renewal..and gotten NOA, DMV might accept it..but of course it depends on your location/officer which you are yet to disclose! I wouldn't know another way it works out..I can only tell you/defend how I obtained mine as that's all I had to present! Maybe someone in your particular kind of situation can explain how they did!

Now you understand my question..when you renew your EAD how long did it take them to send your NOA receipt ? 

[Stillwinning!!!😊 4,570]

2 minutes ago, Blunt said:

Now you understand my question..when you renew your EAD how long did it take them to send your NOA receipt ? 

What is your location?☺

[SssMay 56]

3 minutes ago, Blunt said:

Now you understand my question..when you renew your EAD how long did it take them to send your NOA receipt ? 

Sometimes you need to talk to the supervisor when you go to the dmv. Because some clerks don’t know the rules about the extension of EAD.