VAWA I-360

[TexasVAWA 60]

5th May 2018: USCIS received I-130, 131, 485, I-765, I- 864 ( I and my spouse both applied for marriage based green card ) 

 

11th July 2018 : received  notice for the interview is ready to schedule. My spouse didn’t want to attend the interview . I contact to USCIS to reschedule the interview .  They received the request and gave me a referral number to reschedule . 

 

5th September 2018: I had my ead card in my hand based  marriage . But, I haven’t used that for any work yet . 

 

 

5th October 2018 : I applied for  vawa I-360. I didn’t send I-485 and I- 765. Because I sent I-485 and I-765 earlier based on marriage. And, it’s still showing on the website that case is ready for interview .

11 th December 2019 : I received my first prima facie notice. 

4 th January 2020: I received second prima facie . 

 

My questions are  : 

 

What happened to the case  of I-485 based on marriage? Is that rejected ? Did I make mistake by not sending the I-485 and I -765 again while I send the form I-360 to USCIS ? Or the pending I-485 based on marriage will merge with the I-360 ? And what’s the solution to it if I make mistake. 

[Sandra G. 5,048]

If your spouse  did not withdraw the I-130 then the I-485 is still pending.You still can get a letter to attend the interview with your spouse , and if this happen you must go witht him/her and ask the officer to put the case on hold until final adjudication of your I-360, but if your spouse withdraws form I-130 then just refile I-485 right away, DO NOT REFILE form  I-485 now because your AOS is  still pending.