VAWA, Part 18

[Villanelle 4,122]

3 minutes ago, ahmad- said:

Thanks Sandra, I asked this question to my lawyer too but he says it better to wait... because when a congressperson asks USCIS they dont like it and may deny the case...  

That is ridiculous.  USCIS does not and can not deny someone because they are annoying.  Your congressperson will have someone on their staff that reaches out to their liaison contact at USCIS. That liaison will look at the case files and reach out the Officer working on your case for more info if needed and then let the staff member know what is going on. The staff member then lets you know. This is their job. Its never inappropriate to ask someone to do their job or to take advantage of an inquiry process.  Of course you should never abuse the inquiry process and its unlikely the staff member would make repeated unnecessary inquiries anyway. If they get a response back that says wait 60 days they are not going to inquire for you again until 60 days are up or if theres something that changed. People are free to inquire on their own. They can send one every day if they wanted. That would be annoying and you would just be causing additional workloads. How can they work on the case when they have to spend all their time addressing your inquiries about if they are working on your case?! Denials are not just handed out. Everything has to be documented and it can be challenged (appealed). They have to have a valid reason for denial and being annoyed and denying out of spite because you inquired is not a valid reason to deny. No Officer is going to risk their career by doing that. 

 

More likely its an issue your attny has. Some attnys do not like when you reach out or when you file stuff on your own to save money in legal fees. Some take the position that they are the attny so they know best and you should not challenge anything they say- they have it all under control. If you have been a reader of this thread you will see that is not always the case. An inexperienced attny can cause delays and issues. Unless they are an established VAWA specific attny like Sandra with a proven record you should not blindly trust everything they say, if they are like Sandra then they would know that inquiring is OK to do and will inquire when its appropriate. They should be able to provide you with a valid reason why inquiring at the present time would not be appropriate - what they told you is nonsense.

[Villanelle 4,122]

10 minutes ago, Braveheart123 said:

The wording is that She is permanently enjoin to contact me in a Harrasing manner and similar I will be restrain for permanent harassing her

 

What kind of impact this language has

That is standard wording for a divorce no contact order. Again there is a difference between a no contact order as part of a divorce and an order of protection. An order of protection (which is also called a restraining order in some places) is issued when a person goes before a Judge and shows evidence through testimony that they are in danger. That the other person is a threat to them. If the Judge agrees the other person is a threat they will issue a protection order. If a Judge rules YOU are a threat to someone else then thats not good for immigration purposes. A no contact order (as part of a divorce) means the court has decided you guys should not speak to each other. They have not made a determination that either of you did anything wrong. Do you understand the difference? 

[Braveheart123 146]

1 minute ago, Villanelle said:

That is standard wording for a divorce no contact order. Again there is a difference between a no contact order as part of a divorce and an order of protection. An order of protection (which is also called a restraining order in some places) is issued when a person goes before a Judge and shows evidence through testimony that they are in danger. That the other person is a threat to them. If the Judge agrees the other person is a threat they will issue a protection order. If a Judge rules YOU are a threat to someone else then thats not good for immigration purposes. A no contact order (as part of a divorce) means the court has decided you guys should not speak to each other. They have not made a determination that either of you did anything wrong. Do you understand the difference? 

In my opinion it’s a mutal Injuction which will bind both of us not to harass each other I don’t know what effect this had on the approved VAWA 

[Villanelle 4,122]

42 minutes ago, ahmad- said:

Guys, i sent in my renewal for EAD almost a month ago (through my lawyer). They cashed my check for renewal fee 3 weeks ago from my bank and so far i have not gotten any receipt notice.  Should I be worried? 

It can take 30 days or more to get the NOA. Often if you filed through the attny then the attny gets the NOA. Some attnys get it and dont promptly give it to you, so make sure to let the attny secretary know you are waiting for it and will be following up with her until you get it since you need it for your job I assume. 

[Villanelle 4,122]

Just now, Braveheart123 said:

In my opinion it’s a mutal Injuction which will bind both of us not to harass each other I don’t know what effect this had on the approved VAWA 

None. If the divorce is final before your 485 interview just make sure to bring a certified copy of it to the interview so they can add it to your file. They will want it and will review it. The wording about the no contact will not be an issue. An issue would be if the divorce was granted on the basis of fraud on your part.

[Braveheart123 146]

Just now, Villanelle said:

None. If the divorce is final before your 485 interview just make sure to bring a certified copy of it to the interview so they can add it to your file. They will want it and will review it. The wording about the no contact will not be an issue. An issue would be if the divorce was granted on the basis of fraud on your part.

No there is no fraud in the final decree it’s about the mutal injunction where it’s written as that both the parties with not contact each other and not harass each other.

 

this is the wording I am concerned about 

[AhmedEid 3]

7 hours ago, Stillwinning!!!😊 said:

If you're talking about priority date, it's not relevant if you're the spouse of a USC..it only matters to spouses of GC holders. As for how long it takes to get scheduled..it depends alot like I said earlier on the pace at a given time..sometimes we catch ourselves saying something like..."wow looks like TX is going faster now" etc...this explains what I just indicated. Generally it can take anywhere from 4-14 months talking about your local office here! In RARE occasions people get pleasant surprises by way of waived interviews..it just depends on the individual case and the discretion of the adjudicating officer!👍

Thanks 

[Shroy123 751]

2 hours ago, ahmad- said:

Thanks Sandra, I asked this question to my lawyer too but he says it better to wait... because when a congressperson asks USCIS they dont like it and may deny the case...  

Ahmad.. no its not like that.. Go ahead and inquire your congress person. You are pending for 3 years and it's a long time you should involve your congress person. Sometimes, we don't even get any notifications from USCIS.. please follow up with your congress person.. 

[Shroy123 751]

1 hour ago, Braveheart123 said:

No there is no fraud in the final decree it’s about the mutal injunction where it’s written as that both the parties with not contact each other and not harass each other.

 

this is the wording I am concerned about 

Bro just go for a simple divorce do not make things complicated for you. 

[Sandra G. 5,057]

22 hours ago, Nomadboy said:

Hello everyone!

 

I started with a l-130 l-485 and I-765 in 2019

i got my ead in august 2019

I got the interview letter in November for January 2020 

but my relation with my wife wasn’t ok so I asked the lawyer to file for vawa but he didn’t so I immediately changed lawyer and asked to send the I-360 ASAP, the new lawyer send a letter to my local uscis center(Newark) saying that I couldn’t attend the interview because I would have an important family meeting and I would be in Italy.

vermont received my I-360 

On February 2020 I got a letter saying that my I-130 was denied because the motive wasn’t enough. (I was already with a pending I-360)

In March 2020 I got a rfe for good moral which I answered in April.

May 2020 I got the prima facie letter (on app tracking is still saying that they received my response)

 

the I-485 didn’t got denied but is 180 days on interview was scheduled 

 

my ead expires in august 2020 I filed for a renew 3 months ago (c9) 

 

what’s going to happen ? Why they don’t update my I-485 is it going to be denied? Or is good until my I-360 gets approved? 
 

Ps: my first lawyer told me that he had sent the i-360 and I discovered that he didn’t that’s why I only sent after the interview notice 

 

info about my 360

i sent affidavits from friends (4) , fbi record , state police record , psychologist report , bank statements with both names and address, rent contract with both names, self affidavit explaining our relation and what happen after the relation, some pictures from wedding and random moments, I also sent some accomplishments like diploma, credit score, civic jobs(grocery during COVID for neighbors)... to proof good moral  

hope it gets approved and I don’t get rfe 

 

 

If someone can help me I appreciate!

I wish a good day to everybody and good luck with your process 

Many people had the I-130 denied but never had the I-485 denied. As long the I-485 is pending you are good, but if they deny your I-485 then  just refile new one.

[Sandra G. 5,057]

20 hours ago, Nomadboy said:

Thank you for answering me @Stillwinning!!!😊 👍

 

I-130 denied 110 days ago

I-485 interview was scheduled 187 days ago

 

i called uscis customer service to inform myself about the I-485 but they said that they can’t access, only Vermont 

 

Hope it changed from the i-130 to I-360 if not I’ll lose my renew and my interview priority 

"Interview priority"????, what are you talking about?

[Sandra G. 5,057]

19 hours ago, Naguto7659 said:

Thank you - would you mean my vawa case confidential info will be released to congressman (including like evidence of abuse and things?)

 

would you mean it took like 3 months to get approval letter of the I-360? I got my C31 EAD a month ago and still not change to either 360 or 485 statuses......

 

when should I ask my congressperson to step in as well? If anyone did it and how much did it really help?

USCIS  can't  disclose  any information related to your VAWA case, and  then you must  sign a form allowing USCIS to disclose your case with your congressperson, it doesn't mean they will talk about your story of abuse with the congressperson, they will answer the questions asked by the congressperson, that is it.USCIS has 72 hours to answer the congressperson inquiry.

 

A person will receive a VAWA approval notice after VAWA  approval,  it might take 3 months to receive the notice tho.

[Stillwinning!!!😊 4,570]

@Braveheart123 I totally understand your fears about the content/wording on the divorce document..but believe this..it's NOT going to affect your i485! I hope these few words will give you some hope!☺

[Stillwinning!!!😊 4,570]

2 hours ago, AhmedEid said:

Thanks 

You're welcome wish you all the best!👍

[Sandra G. 5,057]

18 hours ago, DmytriiD said:

hey guys, how is everyone ? What months approvals did you see so far ? February I see is here, that's the latest approvals, right ? I am april 24th, 2019 filler.
Looks like the line has been moving faster then before COVID...

A few days ago I had 3 VAWA cases approved, filed in February 2019, but I  have a lot of cases that were filed between March 2019 and August 2019  pending adjudication.