VAWA, Part 17

[Ballerina 91]

Hello everyone, for documents like marriage certificate and birth certificate, are we expected to send in original copies? If not, can we just make copies of the original copies we have and send it, or do we have to request certified copies from county?

Edited January 10, 2020 by Ballerina

[FeDaniela 673]

13 hours ago, Sk1992 said:

Hello everyone 

sorry if i am posting it in wrong forum. Okay i will explain from the start. Came here in US on b1/b2 visa and got married to US citizen. My ex husband filed my i-485  but after his so many threats and abuses i left the house but before i could even think about anything he withdrew my application. N i became out of status that time. In August 2019 i applied vawa through attorney she filed i360,i765 and i485 . I done my biometrics shortly after that. N they sent me RFE for good moral character and good faith marriage and been sent away in December. I didn’t get any prima facie yet. I just emailed my attorney today to ask her how long can it take for my EAD to arrive and she gave me a big shock telling me that my ead category is c31 not c09 cuz i was out of status so that’s y she couldn’t do c09 . She said my i360 needs to be approved in order to get EAD. N i know it is taking nearly 2 years now to get that. And I don’t have a single penny on me right now. Just wanted to ask that did my attorney do the right thing? Could she Applied under c09? 
if not then probably i have to go back to my country bcz cannot survive here like this. Sorry for a big essay i wrote n thank you in advance

Sorry you have to go through this, My surprise is what kind of lawyer gives this information.... You can get an EAD C09 category base on the I-485 you just filed with Vermont service center, I suggest you go back to your lawyer and tell her to please resend form I-765 base C09 category, I think you need to paid for it since the initial one was sent C31 category which this category did not need to sent form I-765 for it because in the I-360 form clearly ask if you want an EAD after approval, Also in the I-765 instructions page clearly mentioned you do not need to sent form I-765 if applying for I-360 it will be sent after approval. 

Edited January 10, 2020 by FeDaniela

[FeDaniela 673]

39 minutes ago, Ballerina said:

Hello everyone, for documents like marriage certificate and birth certificate, are we expected to send in original copies? If not, can we just make copies of the original copies we have and send it, or do we have to request certified copies from county?

You can sent copy of the originals. 

[lonelyheartclub 34]

21 hours ago, balo101 said:

You should be ok. I traveled few times last years on AP, no problem whats so ever. Good luck!!

Thank you really appreciate it 

[lonelyheartclub 34]

13 hours ago, Modu said:

Hello how are you? I just came back from Canada few days ago , I use my Advance Parole and it was cool... so far so good no body here has had any difficulty reentering the U.S with their AP

Thank you Moda!! 

 

Do they ask many questions ? Did you get called in for secondary questioning 

[Nu B 5]

19 minutes ago, FeDaniela said:

Sorry you have to go through this, My surprise is what kind of lawyer gives this information.... You can get an EAD C09 category base on the I-485 you just filed with Vermont service center, I suggest you go back to your lawyer and tell her to please resend form I-765 base C09 category, I think you need to paid for it since the initial one was sent C31 category which this category did not need to sent form I-765 for it because in the I-360 form clearly ask if you want an EAD after approval, Also in the I-765 instructions page clearly mentioned you do not need to sent form I-765 if applying for I-360 it will be sent after approval. 

Wow..... I just knew this. So, even though I didn’t send I765 form, it means that USCIS will send EAD C31?

Thank you so much for your response @FeDaniela God bless you dear 😘

[FeDaniela 673]

Just now, Nu B said:

Wow..... I just knew this. So, even though I didn’t send I765 form, it means that USCIS will send EAD C31?

Thank you so much for your response @FeDaniela God bless you dear 😘

If you are filling I-360 (vawa) you can requested Working Permit after approval directly on the form you do not need to sent I-765... You sent the I-765 when you need to renew C31 base EAD

 

17. VAWA Self-Petitioners--(c)(31). If you are the principal beneficiary or derivative child of an approved VAWA selfpetition,
you are eligible for work authorization. If you are filing a Form I-360 VAWA self-petition, and request an
initial EAD as the principal beneficiary of the self-petition, you do not need to file Form I-765. Principal beneficiaries
of an approved VAWA self-petition seeking a renewal or replacement EAD and derivative children seeking an EAD
must use Form I-765. File Form I-765 with evidence of the principal beneficiary’s approved Form I-360 VAWA selfpetition
(for example, a copy of the VAWA self-petition approval notice).

[Sk1992 73]

1 hour ago, FeDaniela said:

Sorry you have to go through this, My surprise is what kind of lawyer gives this information.... You can get an EAD C09 category base on the I-485 you just filed with Vermont service center, I suggest you go back to your lawyer and tell her to please resend form I-765 base C09 category, I think you need to paid for it since the initial one was sent C31 category which this category did not need to sent form I-765 for it because in the I-360 form clearly ask if you want an EAD after approval, Also in the I-765 instructions page clearly mentioned you do not need to sent form I-765 if applying for I-360 it will be sent after approval. 

She did sent a form 1 i 765 as well at the same time n i got the receipt number for that as well. Should i call uscis to check what category i have got of ead with them?

[balo101 669]

14 hours ago, Modu said:

Hello how are you? I just came back from Canada few days ago , I use my Advance Parole and it was cool... so far so good no body here has had any difficulty reentering the U.S with their AP

How did you go to Canada? did you obtain visa to enter Canada? I want to go there to see my relative but i am not sure how to get there with AP. I would appreciate if you educate me on this. 

[FeDaniela 673]

1 minute ago, Sk1992 said:

She did sent a form 1 i 765 as well at the same time n i got the receipt number for that as well. Should i call uscis to check what category i have got of ead with them?

Your lawyer told you she input  C31 category, they will process base on that. Not sure if you resend the I-765 now on C9 category you may have to paid. 

[Iceman1 106]

2 hours ago, Stillwinning!!!😊 said:

😊 You're welcome.

Praise the Lord. I just received an email from the senator's office. They have sent me the approval notice. 😃😃

[Stillwinning!!!😊 4,570]

4 minutes ago, Iceman1 said:

Praise the Lord. I just received an email from the senator's office. They have sent me the approval notice. 😃😃

WOW! God works in mysterious ways!🙏🙏🙏😊

[Iceman1 106]

I agree! 😃

Btw there is a priority date on the approval letter. What is that for? 

My spouse was a USC. 

[jack1821 24]

file a new i-765 under c09 with a fee waiver ! Your lawyer is evil ...how are you going to survive ?!

[Stillwinning!!!😊 4,570]

6 minutes ago, Iceman1 said:

I agree! 😃

Btw there is a priority date on the approval letter. What is that for? 

My spouse was a USC. 

Priority dates only matter to the spouses of greencard holders! Don't worry about it.😊 My (ex) spouse is a USC as well.