VAWA, Part 16

[Sandra G. 5,048]

On 10/10/2019 at 4:40 PM, silicon_valley said:

was his vawa petition based on same marriage?

Yes it's based on same marriage,  but for immigration doesn't matter if it's the same marriage or not, what it matters is the finding of fraud.

[Sandra G. 5,048]

On 10/10/2019 at 10:08 PM, zufan said:

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

 

On 10/11/2019 at 12:01 PM, 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.

A Vawa petitioner doesn't  need a sponsor, and VAWA petitioner is exempt of public charge as well , and the U.S Consulate knows about the Law and USCIS rules ok.

[Sandra G. 5,048]

On 10/11/2019 at 8:30 AM, 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 !    

 

USCIS is not obligated to issue RFE and NOIDs anymore, but in case of a VAWA/AOS denial you will have 30 days to file an appeal or motion, that being in case of denial if you will return to the U.S within of 30 days you will be fine.They approved already several of my cases filed in February 2018.

[Sandra G. 5,048]

On 10/10/2019 at 7:50 PM, 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.)

Most of my colleagues and I do not suggest to have a psychological evaluation done remotely because so far we never saw any favorable decision of the USCIS regarding this kind of psychological evaluation. We suggest to try this in the last scenario JUST IF THE PERSON IS NOT DIVORCED, because in case of denial the person can find some local psychologist and refile VAWA again, but  if the divorce is  2 years old or more the  person cannot refile VAWA again in case of denial.

 

[Sandra G. 5,048]

On 10/11/2019 at 12:06 PM, Shroy123 said:

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. 

She is abroad  then she can't adjust status. I-485 is for those inside of the U.S ok.

[Sandra G. 5,048]

22 hours ago, Villanelle said:

VAWA applicants must file the 864W.  Nothing has changed. VAWA petitioners are exempt from 864 requirements and file 864W. 

 

For those unaware there were proposed changes to the 864 and affidavit of support guidelines for both those adjusting in the US and those using consular processing. The changes were to go in effect on Oct 15 requiring people who were subject to the affidavit to use updated 864 forms as well as an additional form the 944. The new forms were much stricter and many people were distraught by this. Today a court blocked them from going in to effect. So while it is interesting none of the proposed and now blocked changes apply to those filing under VAWA so a conversation about the new rules does not belong in the VAWA thread. 

I agree with you. 

[ahmad- 56]

6 hours ago, sandranj said:

I agree with you. 

Sandranj, thank you for all your help and your guidance.

[Vawaonehi 22]

Glory to God, I have  been approved for Citizenship, 3 years after getting my greencard through VAWA. mY journey to citizenship is almost done, just waiting for citizenship oath ceremony.

 

 My experience has taught me a lot and I want you all to know that VAWA cases are very complex and many attoneys don't know about VAWA. Also, many immigration officers don't know about VAWA. I learned everything about VAWA from sandranj forum and from other guys and ladies here. I am a man by the way.

One thing VAWA applicants must know:

1. you must be able to substantiate your abuse claim with evidence no mater how little.

2. Many attorneys are ignorant about VAWA. one time my case was delaying, I went to an attorney who told me to CALL USCIS and ask why the delay. I was like OMg, she don't know that VAWA cases cant be discussed over telephone.

3. Also many IO don't know nothing about VAWA. One time I went to their office to check about my case and the IO advised me to change my address ONLINE on uscis website am like OMG, this guy don't know . You cant change VAWA address online you have to send a notarized letter to the VSC to do that.

4. During my citizenship interview, the IO said he was gonna deny me citizenship because I was given a fiancée visa to enter America and I married my ex before I entered America. I explained to him that I married my ex  a cultural way not legal way after my visa was issued and also married her in court in America. he argued that they recognized the cultural marriage. Then I told him that for VAWA beneficiaries, it DOES NOT MATTER how u came to America. even if u were smuggled into America or crossed the border it does not matter under VAWA. he was like, ok let me research it. He checked and found I was damn right and I got approved. To God be the glory.

 

Refer to this forum for advise and be patient. God bless those still starting the process and help us to be better spouses to our future spouse

[Braveheart123 146]

11 minutes ago, Vawaonehi said:

Glory to God, I have  been approved for Citizenship, 3 years after getting my greencard through VAWA. mY journey to citizenship is almost done, just waiting for citizenship oath ceremony.

 

 My experience has taught me a lot and I want you all to know that VAWA cases are very complex and many attoneys don't know about VAWA. Also, many immigration officers don't know about VAWA. I learned everything about VAWA from sandranj forum and from other guys and ladies here. I am a man by the way.

One thing VAWA applicants must know:

1. you must be able to substantiate your abuse claim with evidence no mater how little.

2. Many attorneys are ignorant about VAWA. one time my case was delaying, I went to an attorney who told me to CALL USCIS and ask why the delay. I was like OMg, she don't know that VAWA cases cant be discussed over telephone.

3. Also many IO don't know nothing about VAWA. One time I went to their office to check about my case and the IO advised me to change my address ONLINE on uscis website am like OMG, this guy don't know . You cant change VAWA address online you have to send a notarized letter to the VSC to do that.

4. During my citizenship interview, the IO said he was gonna deny me citizenship because I was given a fiancée visa to enter America and I married my ex before I entered America. I explained to him that I married my ex  a cultural way not legal way after my visa was issued and also married her in court in America. he argued that they recognized the cultural marriage. Then I told him that for VAWA beneficiaries, it DOES NOT MATTER how u came to America. even if u were smuggled into America or crossed the border it does not matter under VAWA. he was like, ok let me research it. He checked and found I was damn right and I got approved. To God be the glory.

 

Refer to this forum for advise and be patient. God bless those still starting the process and help us to be better spouses to our future spouse

Congratulations 

which state you are located and do you got any prima facie during the approval process of VAWA

 

what are the question they asked you in the green card interview 

[Vawaonehi 22]

sandranj thank you so much for all your help in this forum from 5 years ago when I joined. I don't know if you read by last comment about my citizenship approval but yea, your boy got done! I am so grateful I am done with journey to citizenship!

[Vawaonehi 22]

6 minutes ago, Braveheart123 said:

Congratulations 

which state you are located and do you got any prima facie during the approval process of VAWA

 

what are the question they asked you in the green card interview 

hey,

I never had an interview for my VAWA greencard I filed VAWA petition in July 2014.. They approved my VAWA in December of 2015 and my green card got approved in October of 2016 by Houston field office. I never got interview notice and I was never interviewed. Every VAWA case is different. When they delayed my case I went to a congressman who wrote to them to ask why my case was delaying and 3 days after the congress man wrote to them, I got a case status update that my greencard was approved. I was like WOW! I thought after congressman action they will call me in for green card interview but they did not. They approved me rightway.

Just now, Vawaonehi said:

hey,

I never had an interview for my VAWA greencard I filed VAWA petition in July 2014.. They approved my VAWA in December of 2015 and my green card got approved in October of 2016 by Houston field office. I never got interview notice and I was never interviewed. Every VAWA case is different. When they delayed my case I went to a congressman who wrote to them to ask why my case was delaying and 3 days after the congress man wrote to them, I got a case status update that my greencard was approved. I was like WOW! I thought after congressman action they will call me in for green card interview but they did not. They approved me rightway.

I didn't get a prima facie either

[Braveheart123 146]

2 minutes ago, Vawaonehi said:

hey,

I never had an interview for my VAWA greencard I filed VAWA petition in July 2014.. They approved my VAWA in December of 2015 and my green card got approved in October of 2016 by Houston field office. I never got interview notice and I was never interviewed. Every VAWA case is different. When they delayed my case I went to a congressman who wrote to them to ask why my case was delaying and 3 days after the congress man wrote to them, I got a case status update that my greencard was approved. I was like WOW! I thought after congressman action they will call me in for green card interview but they did not. They approved me rightway.

I didn't get a prima facie either

Very strange every body in the forum after approval of I-360 is getting a interview notice in the field office moreover most of the time people are greeting RFE 

do you have a police report or restraint order or they approved you just on the phycological evaluation for abused 

[Vawaonehi 22]

I had police report and medical records from injuries of the abuse

[Vawaonehi 22]

3 minutes ago, Braveheart123 said:

Very strange every body in the forum after approval of I-360 is getting a interview notice in the field office moreover most of the time people are greeting RFE 

do you have a police report or restraint order or they approved you just on the phycological evaluation for abused 

I had police report and medical records from injuries of the abuse. there were court proceeding for restraining order but I did not allow the court to restrain my abuser. I never knew I will file VAWA, I actually forgave my abuser. I decided to file VAWA 5 months after the abuse because she withdrew support for my greencard

[Caligirl2018 0]

10 hours ago, sandranj said:

USCIS is not obligated to issue RFE and NOIDs anymore, but in case of a VAWA/AOS denial you will have 30 days to file an appeal or motion, that being in case of denial if you will return to the U.S within of 30 days you will be fine.They approved already several of my cases filed in February 2018.

Thank you so much @sandranj for your help ..

but iam confused here ! I will travel on advance parole based on i485 conected to vawa ! My understanding is when the vawa gets denied the 485 gets denied right away , and then the EAD+AP card become null and i cannot use it to return back within the 30 days to appeal !

or the 485 will not be denied until the 30 days are over and i didn’t file for appeal !? 
thank you