VAWA, Part 18

[Sandra G. 5,043]

On 4/24/2020 at 5:05 PM, Precious100 said:

Hello family, I wish everyone safe and protected during and after this pandemic and at the end all the glory to God. please, help. I was married to an abusive US citizen.

 

 I filed my 360 in july 2019 alone and on march 30th  2020, got my PF in March,  filed my 485, 765, i31 and i just got this in my mail box. 

 

what does that mean and what can i do about it. Thanks for all your input @sandranj, @Stillwinning!!!😊 and everyone here. Pls ur input is greatly appreciated.

 

Submit again a copy of your husband's birth certificate, If you submitted a copy of his birth certificate and a copy of your I-360  along with your I-485 then the  officer made a mistake in your case sending the RFE or they lost  these documents.

Edited April 27, 2020 by sandranj

[Sandra G. 5,043]

On 4/23/2020 at 10:19 AM, DmytriiD said:

Hi guys,

Just to reconfirm...is this the address for EAD+AP applications during pending VAWA ?
USCIS
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

Yes this the  address to send your I-765.

[Sandra G. 5,043]

On 4/23/2020 at 1:52 PM, Aidan 85 said:

Good afternoon 

just quick question my lawyer sent advanced parole renewal application to nbc in January after my vawa was approved in December I just got email sayin I131 case transfer to a different office any idea why that is

thanks

The address to submit the I-131 is Vermont not NBC.

[Sandra G. 5,043]

On 4/22/2020 at 8:15 PM, BlueTiger92 said:

hello vawa family, coming back after few weeks, hope u all staying safe !!

 

1. Is VSC still processing applications? I see approvals coming - that's awesome!

2. New executive order doesn't apply to AOS in the US - is this correct?

 

thank you.

1-YES

2- The executive order does not apply to your case.

[cindy122808 134]

1 hour ago, sandranj said:

If you don't have kids or assets then you don't need an attorney to represent you. Mention in the divorce papers that you don't know his whereabouts and then he will be served through " publication" ,this is allowed when the  spouse cannot be located.

@sandranj thank you for the response!

[cindy122808 134]

4 hours ago, namastenyc said:

If you go to Family Court, you can file for divorce there. The court house also have a separate information bureau and provide some guidance about what paperwork you need to file. You can do that without s lawyer. Alternatively, you can seek legal advice and assistance from agencies such as Legal Aid, Catholic Charities. In my state, my ex had to be served the divorce papers. Both of you will have to have a court appearance as judge will grant divorce. If its uncontested divorce, no fighting about kids or assets, it’s simple. But, it’s it’s contested, it gets tough. 

Thank you so much!

[Happy1982 124]

8 hours ago, cindy122808 said:

Hello everyone is it possible to file a divorce on my own without a lawyer?as I limited with budget and how do I go about it when I totally have no contact with my ex at all. I don't know where he is at anymore and he doesn't know where I am at as well and I want it to stay that way. 

 

To those who did it on their own, please share your experience.  Thank you 

Hey Cindy,

 

Yes you can file the divorce by yourself. I did it by my self downloading all the forms and printing them from home. I filed for my divorce on November 21, 2019 and I got the default from the judge on Februeary 20, 2020.

 

- Download the forms and fill them.

- Go to court and file it. (take with you envelopes and mail stamps). 

- If you don't have money you can ask the person in the court to give you a form to wave the fees. (then you can save $403).

- You have to serve your husband/wife about the petition with the summons. (He/she has to sign that he received the summons so, You can pay to the Sheriff office in your county or you can pay a server).

- After 3 attemps, you have two options (you will receive the result of he attemps):

1. If he/she received the summons and signed, you have to wait 20 days. If the other party didn´t reply the petition during this time, then you can file for the default.

2. if didn't receive the summons, you have to go the court and tell them that he/she was no notified, then you have to post to the newspaper about you are looking at that person for the divorce. The newspaper will send you a proof of the post. You also need other proofs that you tried to reach the other party , for example send emails mentioning about the divorce, contacting goverment agencies like foodstamps, unemployment, etc (if applies).

- After the newspaper post, you have to wait 40 days and go to the court and file for the default with all the previous proofs.

- You will receive a notice from the court with a hearing date. (some cases like mine, I received a notice for a mediation but that date the judge ordered the divorce with the default.

 

It tooks around 3 months because my ex-wife didn´t accept the summons because she didn't want the divorce so she delayed the process. If your partner sign the summons for sure will be faster.

 

Good luck.

 

 

 

[Happy1982 124]

25 minutes ago, DanyT. said:

Hey Cindy,

 

Yes you can file the divorce by yourself. I did it by my self downloading all the forms and printing them from home. I filed for my divorce on November 21, 2019 and I got the default from the judge on Februeary 20, 2020.

 

- Download the forms and fill them.

- Go to court and file it. (take with you envelopes and mail stamps). 

- If you don't have money you can ask the person in the court to give you a form to wave the fees. (then you can save $403).

- You have to serve your husband/wife about the petition with the summons. (He/she has to sign that he received the summons so, You can pay to the Sheriff office in your county or you can pay a server).

- After 3 attemps, you have two options (you will receive the result of he attemps):

1. If he/she received the summons and signed, you have to wait 20 days. If the other party didn´t reply the petition during this time, then you can file for the default.

2. if didn't receive the summons, you have to go the court and tell them that he/she was no notified, then you have to post to the newspaper about you are looking at that person for the divorce. The newspaper will send you a proof of the post. You also need other proofs that you tried to reach the other party , for example send emails mentioning about the divorce, contacting goverment agencies like foodstamps, unemployment, etc (if applies).

- After the newspaper post, you have to wait 40 days and go to the court and file for the default with all the previous proofs.

- You will receive a notice from the court with a hearing date. (some cases like mine, I received a notice for a mediation but that date the judge ordered the divorce with the default.

 

It tooks around 3 months because my ex-wife didn´t accept the summons because she didn't want the divorce so she delayed the process. If your partner sign the summons for sure will be faster.

 

Good luck.

 

 

 

By the way. If you don't know where your husband is, you have to put in the forms his last address you remember.

[Apolo 314]

3 hours ago, Shroy123 said:

yes. it has been reconsidered for interview. you are good. after your approval, you will get an update on your i485

I have not recived an update on my I-485 and i was approved in september 2019. should i ask the congressman to make an iquary on my behalf or shoud i wait for the USCIS to reopen ? 

[Apolo 314]

31 minutes ago, DanyT. said:

By the way. If you don't know where your husband is, you have to put in the forms his last address you remember.

Also after you those 3 attempts that you have to show them that you have tried to find him/her and serve them. My advice you to use the services of a professional process server that is going to serve him/ her, i use one and i was happy they made 3 attempts to find him and serve him and they provide you with the document that will shows the outcome  and you can show that to the clerk. If you use the sherif they will charge you for every attempt. After you provide the clerk with the affidavit of service you will have to pay a fee myne was 30$ for them to post it a missing person in the courthouse, and after i belive 2-3 weeks if he don't reach out to the courthouse, that is consider as you did everything possible to serve him and the court cam move forward with the divorce. After that they will schedule a date and all you have to do is show up they will ask you a few questions regarding the marriage and the reason for the divorce, and you will have to say it was because of abuse or what ever the case may be, myne was because of domestic violence and extreme abuse, and your divorce will be granted. If you have any questions please fell free to ask if i can i will help you as much as possible 

[Precious100 99]

@dreamer1 Tnk  u dear I included it before but I will resend it with it again.  

[Precious100 99]

On 4/25/2020 at 4:06 AM, Modu said:

@Precious100 sorry for the late response I was at work... yes dear attached your spouse previous i485 receipt notice that was denied also make sure you attached ur vawa i360 Receipt notice as I said earlier  add your spouse birth certificate as u did earlier and all other documents listed for i485 filling , write a cover letter to explain that you are married to a U.S citizen, refer to the previous i485 case number from ur ex spouse even if denied they still have it on file.... that petition shows ur husband is a U.S citizen... hope it’s clear enough now?

@Modu Tnk Modu , I will do exactly.  Bless u dearly

[Precious100 99]

On 4/24/2020 at 9:31 PM, Stillwinning!!!😊 said:

You're welcome ❤😊 the birth certificate is loud enough! LOL just add the i360 receipt notice I believe that's the reason USCIS returned it as I explained i485 is not a stand alone petition..prove to them it's based on i360 by presenting the NOA as evidence. Since you're married to a USC, a visa number is immediately available to you..unlike spouses of LPR..you'll be fine!👍😊

@Stillwinning!!!😊 Ok my dear, I'll include it again. God bless u 4 ur advice.

[Precious100 99]

On 4/25/2020 at 6:10 PM, Pinkrlion said:

You need to submit the receipt notice from you I-360 to prove you have a pending application that supports them adjudicating your I-485.

@Pinkrlion, I will submit it again with the receipt of notice dear. I appreciate your advice.

[Precious100 99]

5 hours ago, sandranj said:

Submit again a copy of your husband's birth certificate, If you submitted a copy of his birth certificate and a copy of your I-360  along with your I-485 then the  officer made a mistake in your case sending the RFE or they lost  these documents.

@sandranj, ok dear Sandra. Tnk u very much. Will do ma'am