VAWA, Part 19

[Stillwinning!!!😊 4,570]

46 minutes ago, alena25 said:

Hi Everyone! Happy Sunday. Hope everyone is safe and sound.

 

As I am working on my case it is really hard for me to keep my head up if I don't have something to look forward to that gives me hope and motivation. I haven't seen my family in more than 3 years now and was wondering when I can next plan to see them if:

• I currently have i-485 pending based on my marriage 
• I have an AP/EAD that expires this November. I applied for an extension based on C09. Got a receipt notice but no approval/card yet.
• Planning to file i-360 this month 

Question: After I file i-360 and hopefully receive my AP/EAD extension based on C09... can I travel on it to see my family (assuming the normal risks of not being let back in). Or is it more problematic that I will leave the country on C09 AP/EAD while having i-360 pending? Or before I leave to see my family, I should get C31 EAD/AP?

 

Thank you

 

You can travel while your VAWA is pending. Not a problem..but due to the current pandemic..there might be restrictions you have to check for before embarking on your trip! Under normal circumstances..a valid AP is good to make the trip. There's always the clause of being let back in under probability..especially if you're in removal proceedings! But folks have traveled and returned without incident!😊👍

[Engineering-rocks 212]

Hi All,

 

My C31 EAD is expiring in 5.5 months, so I want to file for renewal. My I131 was combined with C09 based EAD expiring March 2021, so I will probably have to file for that separately later on, since C31 EAD does not come as combo card anyway. 

This will be the 1st time Im filing by myself without lawyer/congressman help, so just wanted to double check on the documents I need to submit

1. I765 form filled and printed with my signature on

2. $410 (they can take a personal check, right?)

3. Copy of my passport

4. Copy of I360 approval

5. Copy of my expiring C31 EAD

 

Even though my case is either in NBC or local office right now I am still filing this to 

USCIS Vermont Service Center

Attn: VAWA Unit

75 Lower Welden st

 

Is that correct guys? Appreciate your help.

[Demise 1,237]

4 hours ago, alena25 said:

Hi Everyone! Happy Sunday. Hope everyone is safe and sound.

 

As I am working on my case it is really hard for me to keep my head up if I don't have something to look forward to that gives me hope and motivation. I haven't seen my family in more than 3 years now and was wondering when I can next plan to see them if:

• I currently have i-485 pending based on my marriage 
• I have an AP/EAD that expires this November. I applied for an extension based on C09. Got a receipt notice but no approval/card yet.
• Planning to file i-360 this month 

Question: After I file i-360 and hopefully receive my AP/EAD extension based on C09... can I travel on it to see my family (assuming the normal risks of not being let back in). Or is it more problematic that I will leave the country on C09 AP/EAD while having i-360 pending? Or before I leave to see my family, I should get C31 EAD/AP?

 

Thank you

 

You should move your I-485 from the prior I-130 to the I-360 for VAWA, otherwise if the I-130 is denied then I-485 has to also be denied and you lose the eligibility for the EAD and AP. After that you should be fine to travel, only risk is I-360 being denied while you're abroad but they will generally RFE you first.

 

C31 EAD cannot have AP on it, only C09 can.

 

 

1 hour ago, Engineering-rocks said:

Hi All,

 

My C31 EAD is expiring in 5.5 months, so I want to file for renewal. My I131 was combined with C09 based EAD expiring March 2021, so I will probably have to file for that separately later on, since C31 EAD does not come as combo card anyway. 

This will be the 1st time Im filing by myself without lawyer/congressman help, so just wanted to double check on the documents I need to submit

1. I765 form filled and printed with my signature on

2. $410 (they can take a personal check, right?)

3. Copy of my passport

4. Copy of I360 approval

5. Copy of my expiring C31 EAD

 

Even though my case is either in NBC or local office right now I am still filing this to 

USCIS Vermont Service Center

Attn: VAWA Unit

75 Lower Welden st

 

Is that correct guys? Appreciate your help.

I would argue that the copy of the passport is unnecessary but yes you have everything right.

 

If you have a C09P EAD already I would honestly abandon the C31 EAD since it doesn't give you anything extra over C09P EAD, both let you work, both are automatically extended by 180 days when you file for a renewal, C09P comes with AP,  and finally C09P is free to renew for all AOS applications filed before October 2, 2020.

[Engineering-rocks 212]

1 minute ago, Demise said:

I would argue that the copy of the passport is unnecessary but yes you have everything right.

 

If you have a C09P EAD already I would honestly abandon the C31 EAD since it doesn't give you anything extra over C09P EAD, both let you work, both are automatically extended by 180 days when you file for a renewal, C09P comes with AP,  and finally C09P is free to renew for all AOS applications filed before October 2, 2020.

Thank you!

I have heard that there's a chance C09 can be denied since I already have an approved VAWA and C31 is issued for those with approved VAWA. It sucks that it's not free renewal, but kind of don't want to risk it, since there may be a serious delay in processing due to their issues with printing cards

[Demise 1,237]

Just now, Engineering-rocks said:

Thank you!

I have heard that there's a chance C09 can be denied since I already have an approved VAWA and C31 is issued for those with approved VAWA. It sucks that it's not free renewal, but kind of don't want to risk it, since there may be a serious delay in processing due to their issues with printing cards

Oh so you don't have it yet. In that case yeah you're right, best to just pay $410 and play it safe.

[Engineering-rocks 212]

Just now, Demise said:

Oh so you don't have it yet. In that case yeah you're right, best to just pay $410 and play it safe.

No I do have 2 actually, under C31 and C09. But to keep it safer I'd rather renew C31 to leave them no reasons for denying it.

[Angor 3]

9 hours ago, alena25 said:

Hi Everyone! Happy Sunday. Hope everyone is safe and sound.

 

As I am working on my case it is really hard for me to keep my head up if I don't have something to look forward to that gives me hope and motivation. I haven't seen my family in more than 3 years now and was wondering when I can next plan to see them if:

• I currently have i-485 pending based on my marriage 
• I have an AP/EAD that expires this November. I applied for an extension based on C09. Got a receipt notice but no approval/card yet.
• Planning to file i-360 this month 

Question: After I file i-360 and hopefully receive my AP/EAD extension based on C09... can I travel on it to see my family (assuming the normal risks of not being let back in). Or is it more problematic that I will leave the country on C09 AP/EAD while having i-360 pending? Or before I leave to see my family, I should get C31 EAD/AP?

 

Thank you

 

Hi,

I think Russia is not on the list of the banned countries for entering the USA. That's what you may want to do if you want return safely: submit I-360 and wait for the notice in your mail that they have not denied and accepted your petition, write a formal letter to the uscis to keep your I-485 in abeyance since you are going or have filed I-360. While filing I-360 or shortly after that file I-765 and i-131 under C09 category. If they accept your I-360, they will issue you the work permit and AP subject to your  I-485 put in abeyance which underlying basis will be converted to pending I-360 VAWA case. And from that moment on your I-485 will be linked to your I-360 case. If your I-360 approved your I-485 will start pending again. If they deny your I-360 petition, your I-485 will be also denied at once. If you file your abeyance request in time, before the interview, your I-485 petition should be ok. Download the android application to watch what is going on with your petitions online. Then wait for the result of your paperwork - if they mail you your work permit and AP under CO9 category - you are good, that would mean your I-360 and I-485 have not been denied initially and, actually, after that the issuance of your work permits and APs will be linked to your I-485 - adjustment of status put in abeyance. Until it's not denied or rejected you can travel abroad, with a valid AP. Denied I-485, I-360 with a still valid AP - they will deny your entrance to the US. An expired AP - they won't let you in too. If they deny your entrance with a valid AP due to coronavirus or something else they find on you at the port of entry and if AP expires while you are abroad - the uscis will consider that you have abandoned your petitions and close cases. This stuff is even heavier than George Orwell's books. Всех благ.

[afterlove 7]

can anyone please help me how to withdraw my i-360?

[FeDaniela 673]

15 minutes ago, afterlove said:

can anyone please help me how to withdraw my i-360?

This an attorney advise online on this matter and its makes very clear sense. 

 

Yes you may withdraw the I-360 by sending a letter to Vermont Service Center. Several factors to consider though 1) Be sure to review all of the allegations you made in the VAWA case as they are still part of the record with USCIS and may be considered if your husband subsequently petitions for you. 2) You may want to keep the VAWA case pending until you know where your relationship with your husband is heading. 3) If you withdraw your VAWA case you will be dependent on your spouse petitioning for you which puts him back in control of your situation. You may want to make as a condition of the reconciliation that you jointly go through counseling to make sure the same factors don't develop. Abusers generally don't change without professional help despite their often sincere claims of remorse. The good news is if things don't work out you could re-file the I-360 with new fees, Hope this help. 

Edited August 3, 2020 by FeDaniela

[afterlove 7]

5 minutes ago, FeDaniela said:

This an attorney advise online on this matter and its makes very clear sense. 

 

Yes you may withdraw the I-360 by sending a letter to Vermont Service Center. Several factors to consider though 1) Be sure to review all of the allegations you made in the VAWA case as they are still part of the record with USCIS and may be considered if your husband subsequently petitions for you. 2) You may want to keep the VAWA case pending until you know where your relationship with your husband is heading. 3) If you withdraw your VAWA case you will be dependent on your spouse petitioning for you which puts him back in control of your situation. You may want to make as a condition of the reconciliation that you jointly go through counseling to make sure the same factors don't develop. Abusers generally don't change without professional help despite their often sincere claims of remorse. The good news is if things don't work out you could re-file the I-360 with new fees, Hope this help. 

We continue the regular AOS processing and i am having issues looking up updates coz my case is still sensitive and I can't get anything from them... 

 

I have sent 3letters already to Vermont Service Center... coz i haven't heard anything after several months of waiting and so i happened to send 3 already still haven't heard anything. 

[afterlove 7]

25 minutes ago, FeDaniela said:

This an attorney advise online on this matter and its makes very clear sense. 

 

Yes you may withdraw the I-360 by sending a letter to Vermont Service Center. Several factors to consider though 1) Be sure to review all of the allegations you made in the VAWA case as they are still part of the record with USCIS and may be considered if your husband subsequently petitions for you. 2) You may want to keep the VAWA case pending until you know where your relationship with your husband is heading. 3) If you withdraw your VAWA case you will be dependent on your spouse petitioning for you which puts him back in control of your situation. You may want to make as a condition of the reconciliation that you jointly go through counseling to make sure the same factors don't develop. Abusers generally don't change without professional help despite their often sincere claims of remorse. The good news is if things don't work out you could re-file the I-360 with new fees, Hope this help. 

I have been trying to close this petition for a year now

[FeDaniela 673]

Just now, afterlove said:

We continue the regular AOS processing and i am having issues looking up updates coz my case is still sensitive and I can't get anything from them... 

 

I have sent 3letters already to Vermont Service Center... coz i haven't heard anything after several months of waiting and so i happened to send 3 already still haven't heard anything. 

I recommend you than to get the help of your Congress office, to move forward with the Withdraw of your I-360, they may get a better respond and confirmation of its withdraw. 

[afterlove 7]

Just now, FeDaniela said:

I recommend you than to get the help of your Congress office, to move forward with the Withdraw of your I-360, they may get a better respond and confirmation of its withdraw. 

Thank you... appreciate your time 

[cindy122808 134]

@Villanelle  @Stillwinning!!!😊 @onek

 

And everyone. 

 

I would like to share the good news! @Stillwinning!!!😊 the practice came through

 

 

[onek 306]

Just now, cindy122808 said:

@Villanelle  @Stillwinning!!!😊 @onek

 

And everyone. 

 

I would like to share the good news! @Stillwinning!!!😊 the practice came through

 

 

Awesome 😎 👏 

Congratulations 🎈🎉🍾🎊