VAWA, Part 18

[TBoneTX 45,324]

Four posts of a bickering nature have been removed.

It's a violation of the site's Terms of Service to call people names.

Furthermore, it builds no camaraderie to insult greatly helpful members while claiming to compliment them.

This is the last pure warning on this matter.  More such posts will result in administrative action.

 

VJ Moderation

[Stillwinning!!!😊 4,570]

VJ is a great space, offering support and more for millions of folks since forever, I'm truly grateful! Naturally and due to the diversity of people, ideology and the space they're coming from, disagreements, clashes et al is inevitable! In life not everyone will understand, like or appreciate you..that's fine! I have seen a lot of people on here leave soon as they get their green cards! Some of us stay behind and still help others..a lot of people here are super helpful..but it's easy to get discouraged when you see so many weird things..etc..people sacrifice their time to help and get stung in return..not very encouraging! It is true that a lot of people here have been hurt and needs to heal but we should also learn to keep it together..greencard is clearly not the end of the journey as healing needs to be completed before we can be truly free! So many things to say but I'll leave it at this for now..as many of us who are committed to helping others please do not be discouraged, there are people who truly need and benefit from your service. Be encouraged and thank you for your service! Godbless you!😊👍

[Abuga 25]

16 hours ago, Sharig said:

Congratulations girl! Thank God it all worked out for you!!!! I am praying that mine is also as quick as yours. So far our timelines sounds very similar as I filed 

Jan 2020- sent application

March- biometrics

April-prima facia

Now I am just waiting for my EAD. Praying to God that it comes next month in June like yours did. Your post just gave me so much hope and I am truly happy for you. I also feel that things are moving a lot faster. My attorney told me the same thing when I went to her office. 

What state are you in? I am in Florida

My timeline is similiar to yours just that my ead is on its way

Jan 07...concurrent filing

March 06 fingerprinting

May 15-18, i765 new card been produced and approved

Ead card on it way. Thanks

[Sharig 18]

5 hours ago, Abuga said:

My timeline is similiar to yours just that my ead is on its way

Jan 07...concurrent filing

March 06 fingerprinting

May 15-18, i765 new card been produced and approved

Ead card on it way. Thanks

Omg!! You just brought tears to my eyes. This is such good news for you! I am so happy and grateful for this community. We have very similar timeline. I sent mine on the 17th of January and my biometrics was on march 10th. Maybe mine will be in process in just a few days. You just really gave me so much hope!!!! Congratulations to you and Godbless you. Please keep in touch

[AJJU 103]

22 hours ago, sandranj said:

Get affidavits from your family.

Can i hire you will you work on my case.

Edited May 20, 2020 by AJJU

[Villanelle 4,122]

21 hours ago, a1d1 said:

My dear! I never asked without EAD can I work?

My question was whether a VAWA applicant without work permit or EAD I.e waiting for a EAD can apply for unemployment benefits. Of course last year I worked with my valid EAD and I had to quit that job because my work permit expired and was waiting for my EAD (category 31 since then to join work .

Well technically Sandra did give the correct answer. It was asked if VAWA applicants are able to file for unemployment and if they get unemployment would it impact their VAWA case. The answer is yes- VAWA applicants are able to apply and receive unemployment with no impact to their VAWA case.  

 

But just because one is 'able to apply' does not mean they are 'eligible' for the program. You are not eligible for unemployment since you dont have a valid EAD. You are able to apply for it as a VAWA petitioner- being VAWA has no impact on whether or not you are able (allowed) to apply, nor will accepting unemployment benefits impact your VAWA case. Being VAWA does not override the EAD requirement unemployment has. Being VAWA has no impact. 

[Abuga 25]

3 hours ago, Sharig said:

Omg!! You just brought tears to my eyes. This is such good news for you! I am so happy and grateful for this community. We have very similar timeline. I sent mine on the 17th of January and my biometrics was on march 10th. Maybe mine will be in process in just a few days. You just really gave me so much hope!!!! Congratulations to you and Godbless you. Please keep in touch

Yours will be on the way. Have hope. Its well. Thank you for your good message

[Villanelle 4,122]

On 5/18/2020 at 12:28 PM, God's son said:

Hi Sandranj/All.

 

Trust you are all doing great and staying safe. I am highly impressed with all the information and positive vibes that i have been getting from this forum. I believe in the long run, we will all have positive results in our various cases. I will like to seek your advise on an issue that's been bothering me. I was happily married to my spouse until 6 months into the marriage she used our joint bank account to commit fraud and was always requesting for money and threatening me about my immigration status, if i don't fulfill her request. This behavior continued... as i was abused on a regular basis, and she even threatened not to attend the marriage interview. We eventually attended and she ended up engaging in a heated argument with the person who interviewed us. Fast forward, life after the interview became unbearable as she sent me packing out of our home. This incident brought me in contact with a lawyer who advised that i petition for VAWA, which i did.

 

I did not hear anything for USCIS about my interview and my status online never changed and I thought that (I-130) petition was no longer valid. In March 2020, the status of the I-130 changed to "Case was Approved" and the I-485 for the marriage changed also to "Interview Was Completed And My Case Must Be Reviewed". Mind you, this is over 3 years after the priority and 2 years after the interview. My VAWA application is still pending and i haven't had issues with getting my EAD's. My lawyer is not helping as she said i only contracted her for the VAWA petition and the approval of the I-130 just shows that my marriage was in good faith. I am still married to my wife, but we do not live together. Please any one with prior experience or insight to this should please advise on :

 

1. What should i do?

2. What steps i should take?

 

Find below my timeline:- 

 

03/13/2017  Received your Form I-130, Petition for Alien Relative.

03/28/2017 Form I-485, Application to Register Permanent Residence or to Adjust Status

04/07/2017 We mailed a request for initial evidence for your Form I-485, Application to Register Permanent Residence or to Adjust Status.

01/29/2018  I-130 Interview

08/14/2018 We received your case and waived the filing fee for your Form I-360, Petition for Amerasian

08/14/2018 We received your case and waived the filing fee for your Form I-485.

09/28/2018 Fingerprint relating to your Form I-485 was taken

03/23/2020 Your interview for your Form I-130, Petition for Alien Relative, was completed, and your case must be reviewed

03/23/2020 Interview Was Completed for I-485 And My Case Must Be Reviewed

03/24/2020 We approved your Form I-130, Petition for Alien Relative.

 

Thanks in advance for your speedy response.

 

 

Ok so Im going to give you some basic information about the process and hopefully things will make more sense. The 485 is a form one would use to adjust status (get a greencard). In order to file the 485 you need what they call an underlying form that makes you eligible. Otherwise people could just randomly send in the 485 and get GC. Obviously thats not how the US immigration system works. GCs are not just given to anyone who asks. 

 

In a spouse based case- you would file the 130 as your underlying form. The 130 established you have a marriage that qualifies for immigration benefits (get a GC) . You can then adjust status (get your GC) using 485 based on 130.

 

For VAWA you file the 360. The 360 establishes you are a victim of abuse and can self petition. You can then use 485 based on 360 to get your GC. 

 

So you have 2 separate cases going. One is the 130/485 and the other is the 360/485. Sometimes people transfer the 485 from the 130/485 to the 360/485. Based on what you posted you filed a second 485 with your 360 on 8/18 right? You should have different case numbers for each 485. Make sure to keep organized. Remember these are 2 separate case processes you have going on. They can impact each other indirectly. 

 

For your 130/485.: You filed 3/17, had an interview 1/18 and in 3/20 they approved the 130 and are reviewing your 485 (based on 130). 

For your 360/485:  You filed 8/18 and did biometrics on 9/18, it also seems you filed 765 EAD with the 360/485 right? 

 

If so, You should withdraw your 485 (the 485 attached to the 130/485 filing) since you have a 485 already filed with your 360/485 package. You can have 2 processes going on at the same time but at some point the 130/485 case has to be closed out. You do not want them to deny your 485 (from the 130/485) and send you to removal proceedings. They may be holding your 485 (from the 130/485 package) because you have a pending VAWA- or you could ask them to hold it, but its probably better to just withdraw it. As long as your EAD is based on the 485 filed with your 360/485 package it will remain valid. (Im honestly not sure if they would send you to removal with a 360/485 pending though- so just to be safe I would withdraw the 485 from the 130/485 filing)   If your attny wont help you withdraw the 485 from the 130/485 package since they did not file it for you, you can send a letter asking to withdraw it yourself. Make sure you are using the correct case number for the 485 you want to withdraw and you can include a copy of your 360/485 NOAs letting them know you filed for VAWA and its pending. 

[Villanelle 4,122]

On 5/18/2020 at 4:19 PM, FeDaniela said:

So guys, I hope to have an update soon, on my Held I-485, I received my VAWA approval Letter on February 2020, and I Just received my C09 with advance parole Renewal too on this month of April. But no courtesy letter has for now or RFE for medicals, and I don't know if contacting my congressman with this Coronas Virus will be helpful. 

It can take a while after 360 approval for it to be sent to your local office. (VSC sends it to NBC and then NBC sends to local office). Since its been about 3 months IMO you have waited enough time to inquire if it has been sent to the local office yet. Not everyone gets a courtesy letter when its transferred or a notification that it was transferred. Its nice when you do but if you dont then you should inquire about where your case is. If you are in NYC then you know there is a huge wait time for interviews there- so you want to make sure your case is at the local office waiting in line for a interview slot to open. 

[Fast & Furious 9]

1 hour ago, Villanelle said:

Well technically Sandra did give the correct answer. It was asked if VAWA applicants are able to file for unemployment and if they get unemployment would it impact their VAWA case. The answer is yes- VAWA applicants are able to apply and receive unemployment with no impact to their VAWA case.  

 

But just because one is 'able to apply' does not mean they are 'eligible' for the program. You are not eligible for unemployment since you dont have a valid EAD. You are able to apply for it as a VAWA petitioner- being VAWA has no impact on whether or not you are able (allowed) to apply, nor will accepting unemployment benefits impact your VAWA case. Being VAWA does not override the EAD requirement unemployment has. Being VAWA has no impact. 

I knew that already BUT wanted to clarify or correct after noticing her response as telling her there will be no impact to a VAWA member who was worried about having filed for unemployment WITHOUT a valid EAD.

 

Thank you for your clarification 

[AJJU 103]

1 hour ago, a1d1 said:

I knew that already BUT wanted to clarify or correct after noticing her response as telling her there will be no impact to a VAWA member who was worried about having filed for unemployment WITHOUT a valid EAD.

 

Thank you for your clarification 

How can i file unemployment ?

[Fast & Furious 9]

9 minutes ago, AJJU said:

How can i file unemployment ?

 I would be happy to assit you if I either did or know how to do. I would rather suggest you to wait to hear from somebody here, who had filed aleady or who has the knowledge about it. Stay safe. 

[AJJU 103]

On 5/19/2020 at 11:07 AM, sandranj said:

Get affidavits from your family.

Do i have to attach their License as well like if they are friends or family ?

[Stillwinning!!!😊 4,570]

2 minutes ago, AJJU said:

Do i have to attach their License as well like if they are friends or family ?

The affidavits from your witnesses are all supposed to be notarized..but I had a couple of affidavits in my case that weren't notarized...so I made sure their I.D was attached and statement signed appropriately! Get what you can since you can not manufacture evidence. Support it with your own personal statement which should be very detailed and explanatory! I did same.👍

[natalysmile 75]

Hello everyone
Please tell me how can I get the money?
Money from an ex-husband (divorce proceedings) ; the consent of the parties or the peace agreement, it is all signed by lawyers and in Court
The lawyer is silent, because the papers are signed, and she believes that this is not her case
I live in Russia and cannot come to the USA, I do not have a visa.
I am waiting for a decision on VAWA

Now in Russia I have lost my job.
And I really need money.

Thank you

Edited May 20, 2020 by natalysmile