VAWA, Part 18

[Mercyme 271]

6 minutes ago, TexasVAWA said:

Yup. I received EAD Category C-31 and a letter where it has been mentioned that  your application has been approved . 

 

01/ 20/2018 : I-485, I-765, I-130, I-131, I -864 received ( Did not attend any interview and asked USCIS to hold I-485 because I am gonna apply for I-360)

10/05/2018 : I-360 received 

11/ 06/ 2018 : First PF

01/15/2020: Second PF received

04/24/2020 : Approved

 

I haven't got any RFE . And, I applied by myself for I -360 following all the resources from this visa journey and google. 

Don’t think negative, there’s no reason for I-485 denial. You will have your card.

[Villanelle 4,122]

18 hours ago, Touchdsky said:

@T20000 Thank you T20000 for your advice, I still have question, how did you present the all photos of marriage, before and after together with the rest if your documents, did you paste it in a paper with  a little description in it?

If you are going to send photographs you should print them with date stamps if possible. You also want to include a description (date, people in it, place, etc), its best to do this by printing a few pictures per page and handwriting underneath. You can write on the back of each photo but sometimes people have done that and USCIS didnt flip it over and see it was written on on the back.  You can also mark each picture with a letter like exhibit A, B, C etc and refer to them in your affidavit. Ex- In your affidavit you talk about a trip you took and refer them to look at picture A you attached. 

 

Your goal is to make it as easy to follow as you can. 

[Mercyme 271]

Just now, TexasVAWA said:

Thanks. I pray you also get a good news soon. 

Amen I’m praying everyday. 

[Firat(Tur) 11]

8 minutes ago, Ranran27 said:

Hello everyone 

I hope you all well

i file my i360 on Jan 2018

receive rfe on jun2019 uscis receive the answer for the rfe on aug 2019 

it’s already 278 days that the status still “uscic receive the answer for rfe”

my lawyer send letter to Vermont and them say that them not have estimated time bc them waiting for my security check , my case is 27 months already in process 

I sent to my senator request for help and uscis answer to him the same ting

my question is what have I should to do ? They take the time as long that them want 

27 months it’s not enough to complete security check???

where are you from?

[TexasVAWA 60]

1 minute ago, Firat(Tur) said:

when did you receive your combo card based on marriage application? how long does it take them to send you?

I received I-765 based on marriage that took  around 4 months to get . But I never used that . 

[TexasVAWA 60]

2 minutes ago, Godschild said:

Don’t think negative, there’s no reason for I-485 denial. You will have your card.

Thanks for giving some hope . I only use the resource from here or google for all this case  . So do not have idea if I should also be worried about I-485. After I applied I honestly never thought about getting approved . I forgot about all the applications for a while . Now unexpected approval making me more anxious .  

[Villanelle 4,122]

4 hours ago, Victorycoming said:

Hi VJ family, hope we are all keeping safe... Quick question* I checked my VAWA AOS case and it shows the I-765 was approved under AOS. Does it mean my 1485 is also approved? My case is still at NBC

No. If you get a c31 EAD based on 360 then it means your 360 was approved because a c31 EAD can only be issued when the 360 has been approved.

 

A c09 EAD based on the previously filed 485 you filed with your spouse will be approved independently from the pending 485. Also please note that your c09 EAD will be valid as long as your 485 based on marriage is pending. If your abuser withdraws support of the packet you guys sent the c09 EAD will be void.  

 

 

[Mercyme 271]

2 minutes ago, TexasVAWA said:

Thanks for giving some hope . I only use the resource from here or google for all this case  . So do not have idea if I should also be worried about I-485. After I applied I honestly never thought about getting approved . I forgot about all the applications for a while . Now unexpected approval making me more anxious .  

You have already won, so stop being anxious. You did this by yourself, no attorney and look where you are. I didn’t have the strength or mental capacity to do it by myself. I have gotten ripped off by my attorney, but I’m still having faith. I graduate next month with my Masters, so trust me you’re fine. 

[Ranran27 1]

10 minutes ago, Firat(Tur) said:

where are you from?

Israel 

[Villanelle 4,122]

50 minutes ago, TexasVAWA said:

Does USCIS deny I-485 even after I-360 gets approved? If that happens, what could be the reasons? My I-360 is approved . I am just considering  negative scenarios . 

It is highly unlikely for the 485 to be denied. If it is it is not denied because you failed to prove abuse. The 360 determines that, and once approved its approved and you have been determined to be a victim of abuse.

 

In very simple terms- the 485 is to adjust status to a LPR. In order to file it you need an underlying form as the basis. You cant just randomly fill out the 485. For married people they use the 130. For victims of abuse they use the 360. An approved 130 or 360 is what makes you eligible to file the 485. 

 

485 forms can be denied for a variety of reasons. In general to adjust status you cant have any ineligibility issues or bars. Many of the common things that can be a bar to adjustment are waived (so they are N/A) for VAWA applicants. Unless you have a criminal history or are missing key pieces of paperwork theres no reason to think your 485 wont be approved. Again its already been established with the 360 approval that you are eligible, they do not revisit it when adjudicating the 485. 

[TexasVAWA 60]

5 minutes ago, Godschild said:

You have already won, so stop being anxious. You did this by yourself, no attorney and look where you are. I didn’t have the strength or mental capacity to do it by myself. I have gotten ripped off by my attorney, but I’m still having faith. I graduate next month with my Masters, so trust me you’re fine. 

Yup. Thanks for that . Before I apply for VAWA I read through all the threads and noted all the action points down. Also , I lost my interest to pursue a lawyer when I noticed many people suffered by their lawyer . And when you get a lawyer , you give your control to them . You can literally do the same thing that a lawyer does. Anyways , your time is coming up . Congratulations for your upcoming graduation. I have been still using my OPT-EAD for job.  

[Mercyme 271]

2 minutes ago, TexasVAWA said:

Yup. Thanks for that . Before I apply for VAWA I read through all the threads and noted all the action points down. Also , I lost my interest to pursue a lawyer when I noticed many people suffered by their lawyer . And when you get a lawyer , you give your control to them . You can literally do the same thing that a lawyer does. Anyways , your time is coming up . Congratulations for your upcoming graduation. I have been still using my OPT-EAD for job.  

Patiently wait for your final victory.

[TexasVAWA 60]

4 minutes ago, Villanelle said:

It is highly unlikely for the 485 to be denied. If it is it is not denied because you failed to prove abuse. The 360 determines that, and once approved its approved and you have been determined to be a victim of abuse.

 

In very simple terms- the 485 is to adjust status to a LPR. In order to file it you need an underlying form as the basis. You cant just randomly fill out the 485. For married people they use the 130. For victims of abuse they use the 360. An approved 130 or 360 is what makes you eligible to file the 485. 

 

485 forms can be denied for a variety of reasons. In general to adjust status you cant have any ineligibility issues or bars. Many of the common things that can be a bar to adjustment are waived (so they are N/A) for VAWA applicants. Unless you have a criminal history or are missing key pieces of paperwork theres no reason to think your 485 wont be approved. Again its already been established with the 360 approval that you are eligible, they do not revisit it when adjudicating the 485. 

This completely makes sense . Very helpful information. Thank you for that . I don't know where my I-485 is ! The status on there hasn't been updated since I asked them to hold that for I-360. How will I know the current status of I-485? 

[Villanelle 4,122]

28 minutes ago, Ranran27 said:

Hello everyone 

I hope you all well

i file my i360 on Jan 2018

receive rfe on jun2019 uscis receive the answer for the rfe on aug 2019 

it’s already 278 days that the status still “uscic receive the answer for rfe”

my lawyer send letter to Vermont and them say that them not have estimated time bc them waiting for my security check , my case is 27 months already in process 

I sent to my senator request for help and uscis answer to him the same ting

my question is what have I should to do ? They take the time as long that them want 

27 months it’s not enough to complete security check???

There is nothing anyone can do to speed up a background check. All you can do is periodically check in like you have been to make sure the background check didnt come back and is just sitting there waiting to be worked on cause they forgot about it. Its rare for cases to be misplaced and therefore not being worked on but it does happen. Checking in most likely wont make a difference but it will make you feel better, so go ahead and keep checking periodically.

 

The background check system can be very slow. They still use paper files that are shipped back and forth across the country as needed. If you have a common name or are from an area where information is not shared freely it can take longer. They look for anything with your name as its spelled, variations of your name and the phonetic pronunciation of your name. And they look at everything- stuff where the file is about that name and even stuff where the name is just mentioned in it.  So somewhere someone is sorting through paperwork looking to see if the "ranran27" mentioned in it is you. Perhaps there is one box with a file they need but right now its in Texas and then its going to go to Florida and then a few more stops before the person working on your case gets it. Its a slow process and as I said it cant be sped up. 

[Victorycoming 11]

7 minutes ago, Villanelle said:

No. If you get a c31 EAD based on 360 then it means your 360 was approved because a c31 EAD can only be issued when the 360 has been approved.

 

A c09 EAD based on the previously filed 485 you filed with your spouse will be approved independently from the pending 485. Also please note that your c09 EAD will be valid as long as your 485 based on marriage is pending. If your abuser withdraws support of the packet you guys sent the c09 EAD will be void.  

 

 

My I485 is not based on marriage, he never filed for me..

Here is my timeline

(AUGUST 2017 FILER)

I360 approval : June 2019

I360 approval notice: June 2019

Card mailed (c31): July 2019

I485 filed : Sep 2019

Medical : Oct 2019

Case transfer notice NBC:  Dec 2019

Biometric : Feb 2020

I485 rfe(birth cert) : Feb 2020

I485Rfe response :April 2020

I765 approval :May 2020

Card mailed : May 2020

 

I don't know if I485 is approved or not. Just curious!