VAWA, Part 16

[Stillwinning!!!😊 4,570]

7 hours ago, flyup123 said:

I wonder if they return the fee for renewal if the processing is not necessary anymore due to the approval of I485. Not a biggie, was just curious as the $400 will come really handy now 😋

Hahaha!😀😀 I know that feeling! I really do hope you get a refund!

[John_ 188]

8 hours ago, flyup123 said:

I wonder if they return the fee for renewal if the processing is not necessary anymore due to the approval of I485. Not a biggie, was just curious as the $400 will come really handy now 😋

In general, USCIS does not refund a fee or application regardless of the decision on the application.

[Ylx 81]

On 11/5/2019 at 8:33 AM, FeDaniela said:

Yes they extended the Prima facie base on the time they calculate they will be making a decision on your case, First prima facie was for a year, Second one 6 months, and it says on the second Prima Facie note if a decision is not expected before the expiration date a new Prima Facie will be sent for another 60 days.  

Recent forum approval May 21st 2018... I am June 2018 waiting patiently.. 

Hi ... My 1st prima facie will due on November 9th , my question is does USCIS will automatically send the extension or my lawyer has to request it? Also how long it took your 2nd. PF to arrive? Thanks a lot!

[John_ 188]

1 hour ago, Ylx said:

Hi ... My 1st prima facie will due on November 9th , my question is does USCIS will automatically send the extension or my lawyer has to request it? Also how long it took your 2nd. PF to arrive? Thanks a lot!

 

I was issued  three  Prima Facie until I get VAWA approved. USCIS automatically send the extension letter. I received my extension 30 days after the first one expired. Sometimes it can take 60 days for them to send it in the mail.

[DmytriiD 186]

Hi all,

I have really urgent question.
My current EAD+AP Expires on 29NOV19.
I have an invitation of my client for a business meeting in Toronto on 25-26NOV19.
Is it safe to travel or not? Will I be admitted back to the US?
Can I expedite EAD+AP based on invitation letter from my client? I applied for an extension on July 16, 2019.

Edited November 7, 2019 by DmytriiD

[John_ 188]

7 minutes ago, DmytriiD said:

Hi all,

I have really urgent question.
My current EAD+AP Expires on 29NOV19.
I have an invitation of my client for a business meeting in Toronto on 25-26NOV19.
Is it safe to travel or not? Will I be admitted back to the US?
Can I expedite EAD+AP based on invitation letter from my client? I applied for an extension on July 16, 2019.

You can try to expedite by calling USCIS or in the Local Field Office. But , honestly i tried to do it when my uncle passed, and they told me that i would have to send a letter to VSC requesting to expedite. Make sure that  you come back before NOV 29 and you have a valid Canadian VISA if it is required for you. 

[DmytriiD 186]

2 minutes ago, John_ said:

You can try to expedite by calling USCIS or in the Local Field Office. But , honestly i tried to do it when my uncle passed, and they told me that i would have to send a letter to VSC requesting to expedite. Make sure that  you come back before NOV 29 and you have a valid Canadian VISA if it is required for you. 

I have Canadian Visa for 10 years, but I am just afraid if the CBP officer will be confused by me returning on NOV 27 when the document expires in 2 days...is it not going to be a problem?

[John_ 188]

6 minutes ago, DmytriiD said:

I have Canadian Visa for 10 years, but I am just afraid if the CBP officer will be confused by me returning on NOV 27 when the document expires in 2 days...is it not going to be a problem?

As long as you come back before the expiration date,  CBP Officer should admit you in the US. 

 

https://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabally.pdf

Edited November 7, 2019 by John_

[Villanelle 4,122]

18 hours ago, cashweed said:

@sandranj  thanks for your input

I have tried to attach the rfe I received.

They are not asking for evidence that we resident together. I had visited my husband many times usa and I gave all flight tickets showing the dates  I visited him. Also the visa waiver and stamps which i used also had his primary address as place of residence while in usa.The last time he battered me I was taken to hospital by ambulance and his address was recorded on the medical journals as the place I resided. I already send those documents with the original vawa  application.

 As you can see in the Rfe they are not asking for prove we resided together. They are asking for good faith marriage and  good moral character.   Somehow I know its easy to prove good faith marriage if we had lived together.  I will do my best to write and explain everything in my power. 

 

There are various things you need to show. One is residence with abuser another is good faith marriage. Its good that they are not asking for residence with abuser in the RFE but that does not mean they are necessarily satisfied on it. Try not to worry about the residence with part as they are not asking about it right now but keep in mind what Sandra posted- if they do ask about it you may not be able to prove such to their satisfaction...

 

While many of the same things can show both residence together and good faith marriage they are two separate things. For good faith-  the idea is to show that the couple intended to make a life together as husband and wife and not to cheat immigration law. This can include birth certificates of children (if applicable) photos, cards/letter/emails, joint financial stuff (property/accounts/taxes) and declarations from yourself and others. 

 

You want to show that you shared financial responsibilities, that you shared life experiences, that you had plans for the future together. Try to cover as much of that as you can in an affidavit. 

 

Good moral character is shown with police clearance letter (or state criminal record check) and affidavits from people that can vouch for your GMC. Good people to use for this are employers, clergy, social workers, teachers, etc, but it can also be friends or family. Its better to get the statement from someone whos profession has 'moral standards' so to speak as it makes them more credible. A priest is unlikely to lie in a statement and its assumed they have a good grip on what makes someone have GMC. So getting a statement from a priest will carry more weight then one from your sibling.

 

There is a chance that your police clearance was misplaced or overlooked hence they are asking about it again, but try to send something additional with it and not just the same you already sent in case they didnt misplace it but are looking for more. This may be tied to the residence with abuser angle. Perhaps they are looking for police clearance for where he lived in the US? If you can get one from there then include it, or if not perhaps the state criminal check in addition to affidavits and the police clearance you already sent. 

[DmytriiD 186]

23 minutes ago, John_ said:

As long as you come back before the expiration date,  CBP Officer should admit you in the US. 

 

https://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabally.pdf

Thank you.
Actually current EAP+AP card expires on 28NOV19.
So, I will be returning the day before on 27NOV19.
I am just afraid to test this...

[FeDaniela 673]

35 minutes ago, DmytriiD said:

Thank you.
Actually current EAP+AP card expires on 28NOV19.
So, I will be returning the day before on 27NOV19.
I am just afraid to test this...

Take this from my experience. I Also came back from my home country a day before my EAD/ AP expired. They will admitted you as long is not expire. 

[FeDaniela 673]

2 hours ago, Ylx said:

Hi ... My 1st prima facie will due on November 9th , my question is does USCIS will automatically send the extension or my lawyer has to request it? Also how long it took your 2nd. PF to arrive? Thanks a lot!

USICS is unpredictable, my Prima facie was not sent automatically my lawyer requested, and they sent it within a week or two of requesting it... My second and current one expires on December 2019. if they don't sent it by February I will requested again. 

[Mira20 46]

15 hours ago, Stillwinning!!!😊 said:

It depends on the option you selected on the form. So you should enlighten us here more on what you filled out and the option selected.

I didn't fill the forms myself, but when I asked my lawyer as to when I should expect my ead, she said between 60-90 days

[DmytriiD 186]

27 minutes ago, FeDaniela said:

Take this from my experience. I Also came back from my home country a day before my EAD/ AP expired. They will admitted you as long is not expire. 

Do they ask questions like to proof status, to show I485, I360 receipts, etc? Or not at all just you are admitted as long as your AP is not expired !?

[Shroy123 751]

13 hours ago, flyup123 said:

I wonder if they return the fee for renewal if the processing is not necessary anymore due to the approval of I485. Not a biggie, was just curious as the $400 will come really handy now 😋

not sure.. 😉