VAWA, Part 19

[Shroy123 749]

12 hours ago, xoxox said:

Hi @Stillwinning!!!😊

I'm green card holder through vawa .

I have received stimulus check by mail couple months ago and I deposited it in my bank account .

For USCIS does stimulus check lead to under public charge rule or does it will have any affect for Our naturalization in future . 

No ... 

[NICOLA2017 82]

Good Afternoon everyone hope all is well. Can anyone direct me on what forms to fill out for my son who is 8 after GC is approved for VAWA? Thank you 

[Stillwinning!!!😊 4,570]

10 minutes ago, NICOLA2017 said:

Good Afternoon everyone hope all is well. Can anyone direct me on what forms to fill out for my son who is 8 after GC is approved for VAWA? Thank you 

Hi..I do hope I'm correct..so here's what I found. I encourage you to research too..

Filing for Your Relative Who Lives in the United States

You file Form I-130. Your child, son, or daughter may file Form I-485 when a visa becomes available.

[Klein 41]

Hi guys

So just to clarify with regards to i864 .

Since im using my old i485 from marriage , i864 was included in that package. Will they disregard that or will still use it.

Asking because of the implications on that to my co sponsor?

Thanks again

[Stillwinning!!!😊 4,570]

45 minutes ago, Klein said:

Hi guys

So just to clarify with regards to i864 .

Since im using my old i485 from marriage , i864 was included in that package. Will they disregard that or will still use it.

Asking because of the implications on that to my co sponsor?

Thanks again

VAWA petitioners do not need the affidavit of support of support.👍 we are currently not requested to present even a waiver! You'll be fine.

[Stillwinning!!!😊 4,570]

2 hours ago, NICOLA2017 said:

Good Afternoon everyone hope all is well. Can anyone direct me on what forms to fill out for my son who is 8 after GC is approved for VAWA? Thank you 

Also found this...

If you’re a green card holder, currently you can’t file the I-130 together with the green card application.

If your child is living abroad, he or she can’t come to the U.S. just because you filed the I-130 or had it approved. Your child will have to wait until he or she gets an “immigrant visa” to move to the U.S. permanently.

[Demise 1,269]

58 minutes ago, Stillwinning!!!😊 said:

Also found this...

If you’re a green card holder, currently you can’t file the I-130 together with the green card application.

If your child is living abroad, he or she can’t come to the U.S. just because you filed the I-130 or had it approved. Your child will have to wait until he or she gets an “immigrant visa” to move to the U.S. permanently.

That is true, as in you need to get your GC in hand before you can petition for a child.

 

However, your child can tag along with you on your I-360. Unlike an IR petition that doesn't allow derivatives VAWA self-petitions do (well excluding the ones filed by parents claiming elder abuse). So what do about the kid. If the kid's in US you can file I-485 for him as a derivative on your I-360 (either concurrently, while I-360 is pending, or after your I-360 is approved, note that all the normal rules for derivative beneficiaries apply, so his I-485 cannot be approved until yours is). If the kid is abroad then you'll need to wait for the I-360 and I-485 to be approved, then you'll file I-824 to forward the remainder of the petition to the NVC and do consular processing for him.

 

 

@NICOLA2017

Edited September 5, 2020 by Demise

[Pinkrlion 2,714]

On 9/4/2020 at 5:50 PM, BestChampion said:

Hey Congratulations on Interview!!! Good Luck 😀

What is with I-864 affidavit of support? Does VAWA petitioner have to get this signed by someone? Thanks

VAWA NOOOOO LONGER have to complete I-864 form. We are exempt.

[Pinkrlion 2,714]

3 hours ago, NICOLA2017 said:

Good Afternoon everyone hope all is well. Can anyone direct me on what forms to fill out for my son who is 8 after GC is approved for VAWA? Thank you 

Is your son in the US or in your home country?  When did your VAWA get approved?  If it is within one year of VAWA approval, and he is in your home country, then you file I-824

[Demise 1,269]

6 minutes ago, Pinkrlion said:

Is your son in the US or in your home country?  When did your VAWA get approved?  If it is within one year of VAWA approval, and he is in your home country, then you file I-824

There's no deadline to file I-824 (other than the derivative turning 21 and 1 year passing). Missing the one year mark just means that CSPA protections won't apply, which for an 8 year old is a moot point unless someone drags their feet for 13 years.

[Klein 41]

1 hour ago, Stillwinning!!!😊 said:

VAWA petitioners do not need the affidavit of support of support.👍 we are currently not requested to present even a waiver! You'll be fine.

Thanks again so they will just disregard the former submission of i864?

[NICOLA2017 82]

1 hour ago, Pinkrlion said:

Is your son in the US or in your home country?  When did your VAWA get approved?  If it is within one year of VAWA approval, and he is in your home country, then you file I-824

He is here .

[Stillwinning!!!😊 4,570]

2 hours ago, Klein said:

Thanks again so they will just disregard the former submission of i864?

It was disregarded the instant you became a self petitioner!👍

[Stillwinning!!!😊 4,570]

3 hours ago, Demise said:

That is true, as in you need to get your GC in hand before you can petition for a child.

 

However, your child can tag along with you on your I-360. Unlike an IR petition that doesn't allow derivatives VAWA self-petitions do (well excluding the ones filed by parents claiming elder abuse). So what do about the kid. If the kid's in US you can file I-485 for him as a derivative on your I-360 (either concurrently, while I-360 is pending, or after your I-360 is approved, note that all the normal rules for derivative beneficiaries apply, so his I-485 cannot be approved until yours is). If the kid is abroad then you'll need to wait for the I-360 and I-485 to be approved, then you'll file I-824 to forward the remainder of the petition to the NVC and do consular processing for him.

 

 

@NICOLA2017

Weldon Demise. Nicola already has her greencard. And her kid is tagged to the VAWA petition. They are both here in the U.S.😊

[Wolf2020 19]

hi @Stillwinning!!!😊 and everyone here i hope you doing well

you remember i got i765 c31 approved on july/22nd 

when do you think i will get vawa approved or my case transfer to local office i filed in aug/2018