VAWA, Part 15

[Pinkrlion 2,724]

59 minutes ago, HopeHope__ said:

My my attorney didn’t attached any proofs. She only explained why I couldn’t afford. She told me that usually they waiver the fee for vawa petitioners and I didn’t worry about it at the time. I hope it doesn’t delay anything. 

They changed the criteria for fee waiver. You have to submit evidence like bank statement showing balance, copy of your award letter for food stamps, WIC, or Medicaid, proof you are unemployed, copy of tax return showing below income. 

 

To prove financial hardship requires evidence. 

 

Your petition has not been accepted until you either refile the fee waiver or you pay the fee. 

Edited September 10, 2019 by Pinkrlion

[Pinkrlion 2,724]

15 minutes ago, natalysmile said:

According to this link, Vawa can only be submitted while in the United States, but Sandra wrote an answer here for me on the forum. And she said that you can mail post from another country.
I'm completely confused. Will my case be accepted for consideration?

hugs.

Thank you.

I would suggest that u hire @Sandranj as your lawyer. Your case is not DIY. She has had success filing for those living outside the US. 

[HopeHope__ 72]

10 minutes ago, Pinkrlion said:

They changed the criteria for fee waiver. You have to submit evidence like bank statement showing balance, copy of your award letter for food stamps, WIC, or Medicaid, proof you are unemployed, copy of tax return showing below income. 

 

To prove financial hardship requires evidence. 

 

Your petition has not been accepted until you either refile the fee waiver or you pay the fee. 

Wow.... I didn’t submit anything. I have a very unique situation and unfortunately I don’t have these evidences. Probably my attorney know this and she just want to try and see if they would accept without evidence. I didn’t know that.  

[HopeHope__ 72]

1 hour ago, Stillwinning!!!😊 said:

soon as your attorney encloses the fee and sends the package back to USCIS, they will begin processing of the i485.😊👍

I will do that ASAP

thank you 🥰

Edited September 10, 2019 by HopeHope__

[Stillwinning!!!😊 4,570]

13 minutes ago, HopeHope__ said:

I will do that ASAP

thank you 🥰

you're welcome dear!😊👍

[Screecher 50]

2 hours ago, Pinkrlion said:

Go to your interview, talk to IO without spouse. Explain your current situation. If spouse has not pulled I-864, you can be approved and will have to ROC for extreme cruelty. If he pulled asked IO to hold I485 for VAWA. If IO doesn't hold don't worry. 

Hi 

didn’t understand the “ you can be approved and will have ROC for extreme cruelty “ part 

please explain in detail @Pinkrlion

you mean her Green card based on marriage will be approved on her marriage based interview ? 

What does ROC mean ? 

[FeDaniela 673]

1 hour ago, natalysmile said:

According to this link, Vawa can only be submitted while in the United States, but Sandra wrote an answer here for me on the forum. And she said that you can mail post from another country.
I'm completely confused. Will my case be accepted for consideration?

hugs.

Thank you.

You can filed VAWA even though you are living abroad the information is on the USCIS website:

Filing Process

You must complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, including all supporting documentation.

You must file the form with the Vermont Service Center (VSC).

If you are living abroad at the time of filing the self-petition, you may file Form I-360 if:

the abuser is an employee of the U.S. government,

the abuser is a member of the uniformed services, or

you were subjected to battery or extreme cruelty in the United States.

Difference after the approval you may have to do consular processing re enter the USA. 

https://www.uscis.gov/humanitarian/battered-spouse-children-parents 

Edited September 10, 2019 by FeDaniela

[Sandra G. 5,048]

2 hours ago, Pinkrlion said:

Go to your interview, talk to IO without spouse. Explain your current situation. If spouse has not pulled I-864, you can be approved and will have to ROC for extreme cruelty. If he pulled asked IO to hold I485 for VAWA. If IO doesn't hold don't worry. 

She doesn't have a green card, that being said  she can't   file a petition  to remove conditions on residence (ROC).The only option is to attend the interview and inform the IO that she filed or she will file VAWA and request the Service to hold her AOS application in abeyance pending the approval of her self-petition. 

 

 

, she just can file for VAWA

[Sandra G. 5,048]

1 hour ago, natalysmile said:

According to this link, Vawa can only be submitted while in the United States, but Sandra wrote an answer here for me on the forum. And she said that you can mail post from another country.
I'm completely confused. Will my case be accepted for consideration?

hugs.

Thank you.

You can file VAWA abroad if any of the following are true:

 

• The abuser is an employee of the U.S. government, and while you are/were both living abroad, s/he subjected you (or your child) to battery or extreme cruelty; NOT YOUR CASE 
• The abuser is a member of the uniformed services (the U.S.military), and while you are/were both living abroad, s/he subjected you (or your child) to battery or extreme cruelty; or NOT YOUR CASE
• You are living abroad and you (or your child) were subjected to battery or extreme cruelty by the abuser while you were in the United States.  (IT'S YOUR CASE).

 

Read please "how to apply",and you will see that you can apply abroad.

https://www.uscis.gov/green-card/green-card-vawa-self-petitioner

Edited September 10, 2019 by sandranj

[FeDaniela 673]

1 hour ago, Screecher said:

Hi 

didn’t understand the “ you can be approved and will have ROC for extreme cruelty “ part 

please explain in detail @Pinkrlion

you mean her Green card based on marriage will be approved on her marriage based interview ? 

What does ROC mean ? 

ROC means Remove Conditions on Resident status to Permanent resident one (10 years Green card).  But this is only applied when the person already have Green Card for 2 years and need to File I-751 90 days before conditional Green card expired and sent proof that the marriage remains.... ROC terms have nothing to do with AOS interview the person need to ask IO she will file for VAWA to please Hold I-485 until she file I-360. Or if she already filed show the IO the I-360 Receipt... Don't confuse this two terms. 

 

 

Edited September 10, 2019 by FeDaniela

[Sandra G. 5,048]

4 hours ago, HopeHope__ said:

Hi everyone!

I just heard from my attorney that the fee waiver for my I-485 was rejected. Is it a bad sign? 😭😭😭

It's a sign that they rejected lol, you just need to pay the fees. Did you submit bank statement? if not then you can try again submitting a bank statement and don't forget to show your income and expenses.

[Sandra G. 5,048]

18 hours ago, LonelyButHopeful said:

Hello, everyone. If I may ask, how am I going to be able to obtain a police clearance from a different state? I lived in South Dakota for 8 months and I'm in California now. 

You can request online, and  request the State only background check, don't request the State and FBI background check . Google is your friend,lol

https://atg.sd.gov/LawEnforcement/Identification/stateonlybgcheck.aspx

 

 

[Pinkrlion 2,724]

1 hour ago, Screecher said:

Hi 

didn’t understand the “ you can be approved and will have ROC for extreme cruelty “ part 

please explain in detail @Pinkrlion

you mean her Green card based on marriage will be approved on her marriage based interview ? 

What does ROC mean ? 

If spouse has not pulled I-864 from pending I-485 application, the IO can adjudicate the petition for green card with approval from supervisor.  If issued a 2 year green card, and petitioner is no longer with spouse or divorced spouse, they have a specific time period to file Removal of Conditions as their conditions have changed.  You can file extreme cruelty or divorce waiver, whichever one is relevant to the case.  It is similar to VAWA, but for those who have been issued a green card.

 

If her I-864 has been pulled by spouse, then she can ask IO to hold her I-485 for pending VAWA case as her green card has not been issued.

[Screecher 50]

47 minutes ago, Pinkrlion said:

If spouse has not pulled I-864 from pending I-485 application, the IO can adjudicate the petition for green card with approval from supervisor.  If issued a 2 year green card, and petitioner is no longer with spouse or divorced spouse, they have a specific time period to file Removal of Conditions as their conditions have changed.  You can file extreme cruelty or divorce waiver, whichever one is relevant to the case.  It is similar to VAWA, but for those who have been issued a green card.

 

If her I-864 has been pulled by spouse, then she can ask IO to hold her I-485 for pending VAWA case as her green card has not been issued.

Wow that’s quite informative... thank you @Pinkrlion 😊

[natalysmile 75]

48 minutes ago, Pinkrlion said:

If spouse has not pulled I-864 from pending I-485 application, the IO can adjudicate the petition for green card with approval from supervisor.  If issued a 2 year green card, and petitioner is no longer with spouse or divorced spouse, they have a specific time period to file Removal of Conditions as their conditions have changed.  You can file extreme cruelty or divorce waiver, whichever one is relevant to the case.  It is similar to VAWA, but for those who have been issued a green card.

 

If her I-864 has been pulled by spouse, then she can ask IO to hold her I-485 for pending VAWA case as her green card has not been issued.

How can I ask to keep 485? Thank you)