VAWA, Part 16

[Stillwinning!!!😊 4,570]

7 hours ago, Aburi2018 said:

@NeverGiveUp Nov17 my vawa was approved nov 2018. feb 2019 I was sent a mail to send a new medical because the one I have on file is expired and we never received the  mail. Interview letter 9/30/19 at SFO. She pulled out my i485 and asked questions from there and updated some information like my Job and address. She asked how I came here and when. And asked for my documents and then the yes and no questions. She asked for my divorce papers but I didn’t have it with me.She also asked about my asylum application I filed when I got here and my lawyer told her it on a status doc or something. Not sure if the asylum will be a problem. Overall she was nice and interview lasted about 30 minutes.At end of interview, she gave me a rfe for medical.Goodluck to you on your interview

I don't think the asylum petition will pose any problems..since the officer's focus is on the RFE for i693! Wish you heaven's best dear!🙏😊

[Stillwinning!!!😊 4,570]

16 minutes ago, John_ said:

The spouse or his lawer can request USCIS to withdraw but only the Officer can make a final decision.

Now we're on the same page😀 your earlier input was faulty!👍

[Stillwinning!!!😊 4,570]

Now we know that only a sponsor can withdraw the affidavit of support as they're the ones who filed it in the first place!💁👇👇👇

 

Once the U.S. Citizen and Immigration Service has approved the application for residency, the sponsor cannot revoke the affidavit, but the sponsor can withdraw the application before the immigrant arrives on U.S. soil or before the U.S. Citizen and Immigration Service has approved the application for permanent residency.

[John_ 188]

42 minutes ago, John_ said:

Fisrt, the Officer don't just withdraw the I-864 and I-485. They will schedule the marriage based interview and if your spouse or his lawer formally withdraw the I-864 , I-130 mostly like will denie you I-485 if you did not file for VAWA yet, or you can try to ask the Officer to hold it and sent them proof the you filed I-360 withim 30 days. 

 

I did mention that spouse or his lawer can withdraw 

2 minutes ago, Stillwinning!!!😊 said:

Now we're on the same page😀 your earlier input was faulty!👍

I am giving information based in the law and based on my own experience. My ex sent a letter to USCIS to withdraw my I-864 and my I-130 but USCIS Dont just withdraw like that. 

 

 

1 minute ago, Stillwinning!!!😊 said:

Now we know that only a sponsor can withdraw the affidavit of support as they're the ones who filed it in the first place!💁👇👇👇

 

Once the U.S. Citizen and Immigration Service has approved the application for residency, the sponsor cannot revoke the affidavit, but the sponsor can withdraw the application before the immigrant arrives on U.S. soil or before the U.S. Citizen and Immigration Service has approved the application for permanent residency.

They can formally request USCIS to withdraw her I-864 and I-130 but not the I-485. USCIS will schedule the interview and if she intend to apply to VAWA, she can ask the Officer to hold the I-485 and sent them proof that she applied for VAWA withim 30 days.  

 

 

[natalysmile 75]

Hello

Help me...

I do not know what to do???
I was sent a second confirmation from USISI
Maybe they need to write a letter?
Now two are the same thing with different numbers.
I sent without tracking the first time and then another second time with tracking.
What have I done???

Thank you

[Stillwinning!!!😊 4,570]

7 minutes ago, John_ said:

I did mention that spouse or his lawer can withdraw 

I am giving information based in the law and based on my own experience. My ex sent a letter to USCIS to withdraw my I-864 and my I-130 but USCIS Dont just withdraw like that. 

 

 

They can formally request USCIS to withdraw her I-864 and I-130 but not the I-485. USCIS will schedule the interview and if she intend to apply to VAWA, she can ask the Officer to hold the I-485 and sent them proof that she applied for VAWA withim 30 days.  

 

 

Oh dear..my response was based on your earlier statement that only an officer can withdraw! I see you've gotten the picture now so it's fine! Our goal is to disseminate correct information that will hopefully be helpful to folks here!👍 relax we're on the same page J😊

[Stillwinning!!!😊 4,570]

2 minutes ago, natalysmile said:

Hello

Help me...

I do not know what to do???
I was sent a second confirmation from USISI
Maybe they need to write a letter?
Now two are the same thing with different numbers.
I sent without tracking the first time and then another second time with tracking.
What have I done???

Thank you

Relax and say it right..It's all over the place right now...so what does the second notice from USCIS say? You panic too much! We need to see the notice or state the content for us to have an idea what you're talking about!😕

[natalysmile 75]

Just now, Stillwinning!!!😊 said:

Relax and say it right..It's all over the place right now...so what does the second notice from USCIS say? You panic too much! We need to see the notice or state the content for us to have an idea what you're talking about!😕

The same confirmation NOA1
But this is a different number Case
Because I sent two times.
How can I tell them to come together these two things together?

[Stillwinning!!!😊 4,570]

4 minutes ago, natalysmile said:

The same confirmation NOA1
But this is a different number Case
Because I sent two times.
How can I tell them to come together these two things together?

The advice given to you here mainly was to gather evidence...solid ones to support your case not to send your petition twice! This information is new to me as you acted on your own..still I feel like we need to see the notice you got to be able to decipher what all this is about...you can block out your personal info before pasting..you don't have to do that though..

[natalysmile 75]

Just now, Stillwinning!!!😊 said:

The advice given to you here mainly was to gather evidence...solid ones to support your case not to send your petition twice! This information is new to me as you acted on your own..still I feel like we need to see the notice you got to be able to decipher what all this is about...you can block out your personal info before pasting..you don't have to do that though..

They are the same, but have different numbers.

[Stillwinning!!!😊 4,570]

6 minutes ago, natalysmile said:

They are the same, but have different numbers.

So yeah it's the NOA! You've got two of those now...phew!!!💁 basically everyone here has adviced that you get an attorney but you have bluntly refused! In your peculiar kind of situation, being way over there..and the language barrier coupled with the complexities, you really needed one! I don't know what next you're going to do now as you do things first then surprise us later...if you had a representative I believe they would have written USCIS to let them know It's one petition that was sent twice erroneously! You can do that if you want..make copies of both NOAs and send with a notarized letter! Or wait for other ideas!👍

[Jeff&Mei 2]

1 hour ago, John_ said:

I did mention that spouse or his lawer can withdraw 

I am giving information based in the law and based on my own experience. My ex sent a letter to USCIS to withdraw my I-864 and my I-130 but USCIS Dont just withdraw like that. 

 

 

They can formally request USCIS to withdraw her I-864 and I-130 but not the I-485. USCIS will schedule the interview and if she intend to apply to VAWA, she can ask the Officer to hold the I-485 and sent them proof that she applied for VAWA withim 30 days.  

 

 

I should clarify.  I am the US citizen sponsor.  My wife came here in June 2017 on a K-1 visa, not I-130.  We married within 90 days and filed the I-485.  By October 2017 I realized what was happening and withdrew the I-864.  I received a "Request for Initial Evidence" asking for another I-864 from a joint sponsor. Hand-written on this RFE was "petitioner withdrew their I-864."  The notice gave 87 days to provide the evidence.  That expired in early January 2018.  She moved to New York to live with her son after leaving my house.  At some point she moved back to Russia.  In March 2018 I received another notice, "case was reopened for reconsideration."  A few days later, another USCIS notice arrived.  It said "Request for Evidence was received."  Today, that is the case status for that original I-485 -  "Request for Evidence was Received."  It has now been 19 months since the notice.

 

Here's what I think happened.  After moving to Brighton Beach and staying with her son for a while she found a lawyer to file a VAWA.  The lawyer asked for the original I-485 to be held open for the VAWA.  I paid my wife several thousand dollars and asked her to sign divorce papers.  She used that money to pay the VAWA lawyer.  I had to get a Russian lawyer to do the divorce in Russia.  She was notified but did not respond to the divorce filing.

 

I have no idea if any of this actually happened because I am completely in the dark according to VAWA rules.  But this is the only reason I can think of that the I-485 is still open.

 

She did not know about VAWA when she came to USA, but I know she talked to immigration lawyers in New York on some of her visits to her son.  In some of our communication after I withdrew the I-864 she made statements like I was trying to control her and I touched her without permission.  I consider myself very lucky she did not call the police and make a domestic violence case. 

 

Anyway, I ask this on this forum because you people know more about VAWA than anyone else. I don't mean to disparage anyone who suffered actual abuse.

[John_ 188]

2 minutes ago, Jeff&Elena said:

I should clarify.  I am the US citizen sponsor.  My wife came here in June 2017 on a K-1 visa, not I-130.  We married within 90 days and filed the I-485.  By October 2017 I realized what was happening and withdrew the I-864.  I received a "Request for Initial Evidence" asking for another I-864 from a joint sponsor. Hand-written on this RFE was "petitioner withdrew their I-864."  The notice gave 87 days to provide the evidence.  That expired in early January 2018.  She moved to New York to live with her son after leaving my house.  At some point she moved back to Russia.  In March 2018 I received another notice, "case was reopened for reconsideration."  A few days later, another USCIS notice arrived.  It said "Request for Evidence was received."  Today, that is the case status for that original I-485 -  "Request for Evidence was Received."  It has now been 19 months since the notice.

 

Here's what I think happened.  After moving to Brighton Beach and staying with her son for a while she found a lawyer to file a VAWA.  The lawyer asked for the original I-485 to be held open for the VAWA.  I paid my wife several thousand dollars and asked her to sign divorce papers.  She used that money to pay the VAWA lawyer.  I had to get a Russian lawyer to do the divorce in Russia.  She was notified but did not respond to the divorce filing.

 

I have no idea if any of this actually happened because I am completely in the dark according to VAWA rules.  But this is the only reason I can think of that the I-485 is still open.

 

She did not know about VAWA when she came to USA, but I know she talked to immigration lawyers in New York on some of her visits to her son.  In some of our communication after I withdrew the I-864 she made statements like I was trying to control her and I touched her without permission.  I consider myself very lucky she did not call the police and make a domestic violence case. 

 

Anyway, I ask this on this forum because you people know more about VAWA than anyone else. I don't mean to disparage anyone who suffered actual abuse.

If she moved back to Russia then you have nothing to worry about and can go live your life. I-485 is only for who is inside the US. 

[FeDaniela 673]

Hey Family a quick information, Since April 2019 

The U.S. House of Representatives passed the five year Violence Against Women Act (VAWA) Reauthorization of 2019 it has now move forward to the Senate awaiting approval is a step closer.  For every each Victim of abuse in need of domestic violence programs and much more  

https://www.naco.org/blog/us-house-passes-five-year-reauthorization-violence-against-women-act

[xoxox 72]

6 hours ago, sandranj said:

There is no religious divorce, there is "annulment" of marriage from the church in some religions. People sometimes file this kind of annulment because they want to remarry in the church again and it's not related  to a civil marriage ok.

 

Legally speaking she won't have any problem to remarry again (civil marriage). She has  to see with her church if she decides to have a church marriage again.

 

Thank you so much Sandra for answering this question Because this is an important issue for all people so as not to fall into the problem of polygamy .

So For legally speaking part as you mentioned in is certainly a general Rule not special Rule for certain relagion  . Certainly it's Apply for all people getting remarry again including all people whose got married before in ( temple _ Mosque _ Church , along with Civil marriage from Court before ) All people won't have problem to remarry again but in Civil Court .

 

For relagion part person need check with them ( temple - church - mosque  )  for remarry relagion marriage again that's if person decided to get relagion remarry again .( Religion way).

I understood now .

Thanks for clearification this matter .

We always appreciate your help to us .

We love you ❤️