VAWA, Part 16

[Villanelle 4,122]

Does anyone know of a psych dr that does Skype?  @natalysmile is having a hard time finding a Dr in Russia to do the evaluation.  (It doesnt have to be Skype- she just needs someone who can provide remote sessions and an evaluation.)

Edited October 10, 2019 by Villanelle

[Shroy123 749]

6 hours ago, Ana FL said:

I sent old forms for I-485 and the EAD. Those I got back and re-sent in July. the I-360 was current form date. I’ve done my fingerprint appointment so I’m guessing they have my I-360. I’ll contact the congressperson to see if they can help!

thank you!

You do not have your NOA? You need to involve your congress person so that you can get receipt numbers

[Shroy123 749]

2 hours ago, Villanelle said:

Does anyone know of a psych dr that does Skype?  @natalysmile is having a hard time finding a Dr in Russia to do the evaluation.  (It doesnt have to be Skype- she just needs someone who can provide remote sessions and an evaluation.)

I am so sorry I do not know any 😞 i can try to contact my psychiatrist if he can provide skype sessions or atleast issue her evaluation based on her abuse.

[zufan 0]

5 hours ago, sandranj said:

If your l485 was denied because they think was a fraudulent marriage then your new AOS will be denied again.USCIS will have access to your previous l485.The BIA and several Court of Appeals had decisions regarding fraudulent marriage and the second AOS was denied because of the USCIS finding.You might have the VAWA Approved but the chance to have the AOS approved is almost non existent.

 

We had a visa journey member that uscis denied his first AOS,because they believed was a fraudulent marriage ,he filed Vawa 3 times and they denied 3 times because of  the fraud allegation.He was able to prove abuse but not not bonafide marriage .

Omg! So what do I do now? Is there no hope after this? 

[ahmad- 56]

1 hour ago, zufan said:

Omg! So what do I do now? Is there no hope after this? 

Read this when you can... it may help

 

https://www.nolo.com/legal-encyclopedia/getting-marriage-based-green-card-after-past-fraudulent-marriage.html

[ahmad- 56]

1 hour ago, zufan said:

Omg! So what do I do now? Is there no hope after this? 

 

How do you know you were denied due to marriage fraud? did they use the words like fraud? sham marriage or did it mention that they suspect that you got married for the only purpose of getting a green card? 

[Shroy123 749]

2 hours ago, zufan said:

Omg! So what do I do now? Is there no hope after this? 

How they found that your marriage was fraud? I mean just because you had lack of evidences to proof bona fide, there are certain other ways to proof that the marriage was genuine and entered in a good faith? Did your spouse complaint to immigration?

[Sandra G. 5,048]

8 hours ago, Shroy123 said:

How they found that your marriage was fraud? I mean just because you had lack of evidences to proof bona fide, there are certain other ways to proof that the marriage was genuine and entered in a good faith? Did your spouse complaint to immigration?

There is a BIG difference when Uscis mentions the l485 was denied because the person couldn’t prove bonafide marriage (lack of evidence )and in this case a second petition won’t have any negative influence because of the previous  denial and when the person gets a letter stating the denial was because of fraud then the chance to have the GC approved I would say is almost non-existent,considering hundreds of decisions from the BIA and Court of Appeals.

[Caligirl2018 0]

Good morning everyone 

 

i have an emergency in my home country and i have to travel ..

I filed my vawa case February 2018 pending now for 20 months .. and i have 2 prima facie and No RFE .. 

Any chance that my application gets denied while Iam overseas ?? they are now working on late 2017 and early 2018 cases .. so i may get any thing in the next few weeks or something right ?? Could they just denied without any intention to deny notice !? 
thanks !    

 

Edited October 11, 2019 by Caligirl2018

[Stillwinning!!!😊 4,570]

37 minutes ago, Caligirl2018 said:

Good morning everyone 

 

i have an emergency in my home country and i have to travel ..

I filed my vawa case February 2018 pending now for 20 months .. and i have 2 prima facie and No RFE .. 

Any chance that my application gets denied while Iam overseas ?? they are now working on late 2017 and early 2018 cases .. so i may get any thing in the next few weeks or something right ?? Could they just denied without any intention to deny notice !? 
thanks !    

 

Oh come on now..you're not going to get denied! I see folks are still getting RFEs to encourage them to prove their case further..worst case scenario you'll get an RFE..before NOID! But I don't see that happening with you..🙏 if you got to go..then go..life happens!👍

[sparrowxxx419 31]

49 minutes ago, sandranj said:

There is a BIG difference when Uscis mentions the l485 was denied because the person couldn’t prove bonafide marriage (lack of evidence )and in this case a second petition won’t have any negative influence because of the previous  denial and when the person gets a letter stating the denial was because of fraud then the chance to have the GC approved I would say is almost non-existent,considering hundreds of decisions from the BIA and Court of Appeals.

@sandranj does this apply to an I-485 that’s been waiting for a decision since after interview January 2019. What happens when am called for a second interview (stoke) and I go alone telling the officer, I filed vawa based on an abusive wife . If the officer denies my I-485, will my I-485 be denied again if I file concurrently linking them to my already filed I-360 ? 

[FeDaniela 673]

36 minutes ago, sparrowxxx419 said:

@sandranj does this apply to an I-485 that’s been waiting for a decision since after interview January 2019. What happens when am called for a second interview (stoke) and I go alone telling the officer, I filed vawa based on an abusive wife . If the officer denies my I-485, will my I-485 be denied again if I file concurrently linking them to my already filed I-360 ? 

NO, Sandra said if the I-485 was denied base on FRAUD there is a non-existent change of Adjusting status again, even if Vawa is approve. There are many grounds I-485 can be denied but does not mean you are exempt from applying again and Adjust status. Depends on what ground was denied, some of the ground can use Waivers but Fraud have no chance. All depends on the grounds and waivers. 

 I-485 can be denied base on

Health Related. ...

Criminal Related. ...

Security Related. ...

Public Charge. ...

Immigration Violators. ...

Failure to Meet Application Requirements. ...

Failure to Attend Appointments. ...

Denial of Underlying Visa Petition

Fraud... 

In Vawa you need to prove you enter and had a real good faith marriage, if USCIS from beginning thought was fraudulent everything will also fell into the same. 😕 This is good to know... 

 

Edited October 11, 2019 by FeDaniela

[natalysmile 75]

@sandranj When my husband brought me and my son to USA on K-1, he was our financial sponsor as he signed I-864 for us. Now my situation is different. I am submitting my I-360 from outside of the US. Suppose it is approved and my son and we are having an immigrant visa interview at the Embassy in Russia. We have nobody in the US to sponsor us. Will we be exempt from the new rules of public charge and medical insurance scrutiny? Or the Consulate officer may rule us inadmissible? Please advise! I worry about it a lot.

Thank you.

[Shroy123 749]

21 minutes ago, natalysmile said:

@sandranj When my husband brought me and my son to USA on K-1, he was our financial sponsor as he signed I-864 for us. Now my situation is different. I am submitting my I-360 from outside of the US. Suppose it is approved and my son and we are having an immigrant visa interview at the Embassy in Russia. We have nobody in the US to sponsor us. Will we be exempt from the new rules of public charge and medical insurance scrutiny? Or the Consulate officer may rule us inadmissible? Please advise! I worry about it a lot.

Thank you.

Once your vawa is approved. you can submit I864W along with your I485 package to show you do not need an sponsor. My 2 cents. 

[Pinkrlion 2,724]

8 minutes ago, natalysmile said:

@sandranj When my husband brought me and my son to USA on K-1, he was our financial sponsor as he signed I-864 for us. Now my situation is different. I am submitting my I-360 from outside of the US. Suppose it is approved and my son and we are having an immigrant visa interview at the Embassy in Russia. We have nobody in the US to sponsor us. Will we be exempt from the new rules of public charge and medical insurance scrutiny? Or the Consulate officer may rule us inadmissible? Please advise! I worry about it a lot.

Thank you.

Once you left the US, all previous filed paperwork from your husband has been denied due to you leaving the US. Do not focus on the K-1 or other documents.

 

Focus on I-360, you are self sponsoring.  When you return to the US, you will have your Green card and can move forward with your life.