VAWA, Part 19

[Demise 1,291]

11 minutes ago, relenless123 said:

Hi Guys,

 

I appealed for my previously denied I360 in January 2020. I haven't received a noticed that says it's been approved yet but my I485 has been approved and I got a notice to appear for an interview and testing. 

 

My question is, without any notice of approval for my VAWA, should I still go for the interview? Because they might ask for an approval notice. Please someone answer me. '

 

Thank you! 

Yeah you should go to your interview. Worst case scenario everyone including you will be confused why are you there.

 

If you did win the appeal then the AAO should notify VSC which then should issue you an approval notice and AAO should issue you their decision by mail. You could probably write to the VAWA unit or to the AAO and see what they say exactly.

Edited August 27, 2020 by Demise

[relenless123 0]

I have written several letters as well as my lawyer has written letters and tried to inquire about the case but no response from them. thank you! 

[Villanelle 4,122]

3 minutes ago, relenless123 said:

I have written several letters as well as my lawyer has written letters and tried to inquire about the case but no response from them. thank you! 

You always go to scheduled interviews. Even if you think its an error you show up. If you dont your case can be closed for failing to appear. 

 

For the 485- was it submitted with the 360 or was it from a 130/485 filing originally with your spouse that you are transferring to use with your 360? It can be kind of confusing when you already have a 485 pending. You will see in the forums a lot of talk about 'holding the 485' or 'transferring the 485 to the 360". The thing is when you file the 130/485 it starts the ball rolling. USCIS gives it a case number and it goes into a processing status. You then file the 360. That gets its own case number and gets processed. They can not attach your 485 to the 360 until the 360 is approved. You can ask for the pending 485 to be held until the 360 is approved and then they can attach it to the 360 file. So until the 360 is approved your pending 485 is just that- pending. They can place it in a hold status or they can continue to move forward with it.  Seems like they are moving forward with it. Thats ok. If you previously asked for it to be held then it seems its no longer being held (maybe the denial of the 360 triggered the system to stop holding it?) Regardless you would go to the interview and ask for it to be held again until the 360 is approved. Make sure to bring any paperwork you have on the 360 appeal to show that its pending. 

[Stillwinning!!!😊 4,570]

1 hour ago, balo101 said:

team just a quick silly question.

 Can we travel with advance parole with pending vawa and pending i-485? 

Lol..the straightforward answer is yes!😁

[Stillwinning!!!😊 4,570]

10 minutes ago, Villanelle said:

You always go to scheduled interviews. Even if you think its an error you show up. If you dont your case can be closed for failing to appear. 

 

For the 485- was it submitted with the 360 or was it from a 130/485 filing originally with your spouse that you are transferring to use with your 360? It can be kind of confusing when you already have a 485 pending. You will see in the forums a lot of talk about 'holding the 485' or 'transferring the 485 to the 360". The thing is when you file the 130/485 it starts the ball rolling. USCIS gives it a case number and it goes into a processing status. You then file the 360. That gets its own case number and gets processed. They can not attach your 485 to the 360 until the 360 is approved. You can ask for the pending 485 to be held until the 360 is approved and then they can attach it to the 360 file. So until the 360 is approved your pending 485 is just that- pending. They can place it in a hold status or they can continue to move forward with it.  Seems like they are moving forward with it. Thats ok. If you previously asked for it to be held then it seems its no longer being held (maybe the denial of the 360 triggered the system to stop holding it?) Regardless you would go to the interview and ask for it to be held again until the 360 is approved. Make sure to bring any paperwork you have on the 360 appeal to show that its pending. 

Very informative! Thanks for the clarity!👍

[Stillwinning!!!😊 4,570]

13 hours ago, TexasVAWA said:

You made the reasonable points . I don't wanna try for this now as it's gonna be same for me if I get a GC right now or later after 6 months. On top of it,   it's been stated clearly not to send that . If there is a person who did this before , then I would try .  That's what I was trying to figure out . 

Lol😀..got you..if there was such a person..they would have come forward! Still we wait..relax and wait for the next step. You got this!✌

[Shernz89 0]

Hey everyone, I desperately need someone’s help. I have less than a month to file for VAWA, I can’t afford a lawyer but don’t know all I should include in package. 

[Stillwinning!!!😊 4,570]

8 minutes ago, Shernz89 said:

Hey everyone, I desperately need someone’s help. I have less than a month to file for VAWA, I can’t afford a lawyer but don’t know all I should include in package. 

Hi, you know you could start by going through the USCIS site to see the requirements. Anyway in addition to form i360, you'll need to prove you meet the requirements by ensuring your evidence at the very least includes all the follwing....

 

Personal Declaration

The first piece of evidence to submit is a detailed declaration describing your relationship with the abuser and other details of your eligibility for VAWA. This should begin with the statement “I swear under penalty of perjury that the following is true and correct to the best of my knowledge.”

The declaration should include details about how you met the abuser and how your relationship developed. It should discuss when you first met, how your relationship developed, and why you married the abuser. It should also discuss the types of abuse you suffered and when each instance of abuse occurred. It is best to include as many details, including dates, as possible.

Finally, your declaration should include a discussion of things that you do that show you are a good person. In order to qualify under VAWA, you need to show that you are a person who has "good moral character." For instance, if you volunteer, regularly go to church, temple, or mosque, support a family, or take part in other community activities, these will help show your good moral character.

Police Clearance Records and Other Evidence of Good Moral Character

You must also submit police clearance records from any place you have lived for at least six months during the past three years. You can get these by going to the police station in each place you lived and asking for it. Tell them it is for immigration purposes. These police clearance records help to show that you are a person of good moral character and also prove that you have not been convicted of a serious crime that might bar you from qualifying under VAWA.

In addition to the police clearance records, you can also submit signed declarations from friends and family members that talk about things you do that show you are a good person.

Proof of Your Identity

In order to prove your identity, you must submit a copy of your birth certificate and/or your passport.

Proof of Your Abuser's Status (U.S. Citizen or Green Card Holder)

If the abuser is a U.S. citizen, you can submit a copy of the abuser’s birth certificate, U.S. passport, or certificate of naturalization. Depending on where you live, you might be able to obtain a copy of the abuser’s birth certificate through the County Recorder where the abuser was born. If the abuser has already filed a petition (USCIS Form I-130) for you, submit a copy as evidence of his or her U.S. immigration status.

If the abuser is a green card holder, you can submit a copy of his or her green card, an I-130 approval notice from USCIS, or any other immigration document that refers to his or her status. If you do not have any of these documents, you can file a Freedom of Information Act (FOIA) request with U.S. Citizenship and Immigration Services (USCIS). The agency will send you a copy of your immigration file, which might contain some information about your spouse.

If all else fails, you can submit written declarations from friends and family who know of the abuser’s status.

Proof of Your Relationship

You must also submit proof of your relationship to the abuser. If the abuser is your spouse, submit a copy of your marriage certificate. If the abuser is your parent, submit a copy of your birth certificate.

In addition, if the abuser is your spouse, you must submit documents to show that you entered the relationship in good faith: in other words, that the marriage was not a sham or fraud to get you a green card. Birth certificates of children, photographs of the two of you together, and letters or emails between you and the abuser are all good evidence.

In addition, you can submit evidence that you shared a bank account, insurance, a lease or property ownership, and so on. Even shared credit cards and phone accounts can be helpful. Declarations from family members and friends that discuss your relationship can also be helpful to complete the picture.

Proof That You Lived With the Abuser

In order to qualify under VAWA, you must also show that you actually lived with the abuser. This can be done by submitting leases that list both of your names, utility or phone bills that have both of your names, or school records that list both parents. Tax returns and pay stubs can also be used.

Basically, any documents that list both your name and the abuser’s name at the same address can be helpful. If you cannot get many of these documents, you can also have friends and family members write declarations discussing the fact that you lived with the abuser.

Proof That You Suffered Abuse

It is crucial that you provide as much evidence as possible showing that you have suffered abuse, whether physical or emotional. Some of the best evidence of this would be police reports or restraining orders against the abuser. If the abuser was arrested or convicted of physically abusing you, you can submit court records discussing this. If you saw a doctor because of abuse, submit copies of your medical records. Similarly, if you have seen a counselor or have gone to a domestic violence shelter, you can submit evidence of that as well.

Remember, you do not have to show physical abuse in order to qualify under VAWA. Emotional or psychological abuse may be enough. If you have seen a psychologist or have been prescribed medication by a doctor due to the abuse, submit evidence of this as well.

As always, if you have difficulty obtaining this type of evidence, you can submit declarations from family members and friends who have witnessed the abuse you suffered, or to whom you have spoken about the abuse.

Preparing a compelling, well-organized set of evidence to support your VAWA application can be time-consuming and challenging. Hiring an attorney to help with this task can be well worth your while but if you can't afford it, it's still A-okay!😊👍

[Tatsi0830 23]

An update:

I've recieved the Receipt Notice for I-360 today, but not for 485, 765, or 131 yet (they were filed together).

Next is Prima Facie? 

[Demise 1,291]

Just now, Tatsi0830 said:

An update:

I've recieved the Receipt Notice for I-360 today, but not for 485, 765, or 131 yet (they were filed together).

Next is Prima Facie? 

For I-360 yes, next thing you'll get is the prima facie notice.

 

Regarding I-485/I-765/I-131 you'll either get the receipt notices for them or they'll get rejected and sent back to you. All depends on whether or not USCIS grants you the fee waiver.

[neimovirna 54]

5 minutes ago, Tatsi0830 said:

An update:

I've recieved the Receipt Notice for I-360 today, but not for 485, 765, or 131 yet (they were filed together).

Next is Prima Facie? 

If everything looks good for them at a first glance, then yes, next is Prima Facie

Edited August 27, 2020 by neimovirna

[Engineering-rocks 212]

Hey everyone, need your advice, please! In 2016 I applied for marriage-based I485, and then in 2017 I filed for VAWA. My lawyer didn't know/tell me that we can reuse old I485, so we just filed and paid for the new one. On the marriage-based case I was invited to interview right before I filed for VAWA (October 2017), I sent a letter to reschedule, and haven't heard anything about that case since. Now my congressman was inquiring about my Vawa-based I485 (which is in NBC, VAWA approved January 2020), and they sent her an email with the receipt number of my marriage-based I485 saying it is being transferred from NBC to New York field office. I moved from NYC to Houston a year ago, and this is where my VAWA correspondence has been coming, but since I sort of abandoned that marriage case, I did not change my address there. What should I do? Looks like USCIS smashed 2 cases in 1, because in emails they use marriage-based I485 receipt, but call it VAWA, protected class etc.. Should I file to close that petition? How do I do that? Thank you and good luck to everyone waiting!!!

[Stillwinning!!!😊 4,570]

2 minutes ago, Tatsi0830 said:

An update:

I've recieved the Receipt Notice for I-360 today, but not for 485, 765, or 131 yet (they were filed together).

Next is Prima Facie? 

This is not unusual since i360 is a seperate petition..anyway not everyone gets prima facie..you can get it though it all depends on the officer handling your case..prima facie doesn't promise approval..it's mainly for you to get benefits while they dig deeper into your claims..👍😊

[Stillwinning!!!😊 4,570]

2 minutes ago, Engineering-rocks said:

Hey everyone, need your advice, please! In 2016 I applied for marriage-based I485, and then in 2017 I filed for VAWA. My lawyer didn't know/tell me that we can reuse old I485, so we just filed and paid for the new one. On the marriage-based case I was invited to interview right before I filed for VAWA (October 2017), I sent a letter to reschedule, and haven't heard anything about that case since. Now my congressman was inquiring about my Vawa-based I485 (which is in NBC, VAWA approved January 2020), and they sent her an email with the receipt number of my marriage-based I485 saying it is being transferred from NBC to New York field office. I moved from NYC to Houston a year ago, and this is where my VAWA correspondence has been coming, but since I sort of abandoned that marriage case, I did not change my address there. What should I do? Looks like USCIS smashed 2 cases in 1, because in emails they use marriage-based I485 receipt, but call it VAWA, protected class etc.. Should I file to close that petition? How do I do that? Thank you and good luck to everyone waiting!!!

You lawyer clearly wanted money that's why he didn't tell you. Anyway the one which is no longer active will be denied..or you can ask to close it. Make sure all address change is updated with USCIS as they are the CEO of messy! You already know which i485 is linked to your VAWA!👍

[Risen 88]

10 minutes ago, Tatsi0830 said:

An update:

I've recieved the Receipt Notice for I-360 today, but not for 485, 765, or 131 yet (they were filed together).

Next is Prima Facie? 

Pls how long did you take before getting the recipt?