VAWA

[Seabiscuit 0]

So confused!

i am pregnant and can’t get married to the father of my baby, a usc cause there is no sign of i360 approval and i don’t want to go through the horrible process of filling a fourth time.

 

 My journey

 12/2013 b1/b2 10 years Multi ent

4/2014 miami licensure exam- back to home country in 3 weeks

 10/2014 h1b cap exempt

 12/2014 arrival on h1

3/2017 married to Abusive USC

4/2017 abuse began

 10/2017 last abuse

 12/2017 went to gc interview alone on my attorneys suggestion, app denied, vo suggested to file vawa

1/2018 vawa filled

 2/2018 rfe for additional supporting evidence

 depression ptsd couldn’t do anything for 9 months, suicidal scared 

3/2018 police intimidated Me instead of writing incidence report of my abuse

 

 11/2018 responded to rfe in 9 months

 

12/2018 da office told me to not go through the case in the court as the jury will see me as a gc grubbing visa ####### and my ex husband will Scott free none the less

 

 4/2019 received pf now my attorney knows answer to every question when she is sitting on avvo but always Dodges my question by saying i doubt i know the answer

 

5/2019 divorce granted

8/2018 ead

another bout of depression.

 

My ex husband got us evicted once i left the marital house. He is section 8 now so eviction doesn’t affect me. As i applied for apt i was refused and homeless and lost job as i couldn’t work and not be able to sleep and not cry over my broken neck and back and homeless ness

 

1/2020 rfe for different addresses on credit card statements

 

 3/2020 response sent

5/ 6/2020 new card is being produced

5/6/2020 status changed on i485 on my uscis profile but actually there is no change since 2/2018 

5/9/2020 new ead c31 received by attorney, along with pf extension stating a decision has not been made on my vawa yet

 

 going through the forum here and theInfo on uscis website ead under c31 is granted only of vawa is approved . My prior ead c09 from 8/2019 was still valid, we hadn’t filed for an extension for ead. So unless vawa was granted there was no reason for uscis to be proactive and send pf extension and new ead under c31 cat

 

i can’t get married and my family is without recourse as religiously and socially i can’t be having a baby without a husband. Without a grabbed vawa i dont want to jeopardize anything

 

 i have already filled gc 3 times

 

 employer 2015

usc ex husband 2017

vawa 2018

 

i just cant afford to lose my ead again and be jobless. My current bf is usc and a physician same race, same age. But i still don’t want to be dependent on a man. 
 

please help with any suggestions if any of you have gone through the same situation with ead. C31 granted without vawa approval.

 

 Good luck everyone and god bless and stay safe out there! 

 

 

 

 

 

[Lucky2Lucky 2,526]

How does this affect your ability to marry? You are divorced aka legally free to marry.

[Seabiscuit 0]

48 minutes ago, Luckycuds said:

How does this affect your ability to marry? You are divorced aka legally free to marry.

I believe that i have read it and my attorney also cautioned me that the i360 if not approved will get denied automatically upon remarriage.

 

yes i am divorced since 5/2019.

[Timona 4,208]

You are free to remarry.

What raises eyebrows is that in 5 years, you'll have filed for 4 GCs, assuming you also file with your current BF. However,  with sufficient evidence, you can overcome this.

[Lucky2Lucky 2,526]

14 minutes ago, Seabiscuit said:

I believe that i have read it and my attorney also cautioned me that the i360 if not approved will get denied automatically upon remarriage.

 

yes i am divorced since 5/2019.

Thanks for clarifying. I would take the advice of your lawyer since you have been trying to get a greencard for so long and your situation isn’t cut and dry. As far as speeding up the process that can’t be done. As you are aware COVID slowed the processing of petitions and only recently there has been an uptick in workflow. As far as you being shunned socially and religiously this is the United States of America. I’m going to assume you are Muslim (clearly I have no info to go by) but it’s extremely common for women to have children out of wedlock in the USA. If this was something not religiously appropriate then I don’t understand why one would have sex outside of marriage? (Please I’m not looking for an answer just thinking out loud)

1 minute ago, Timona said:

You are free to remarry.

What raises eyebrows is that in 5 years, you'll have filed for 4 GCs, assuming you also file with your current BF. However,  with sufficient evidence, you can overcome this.

I do agree with this poster as it look a bit like greencard shopping. I do sympathize with the abuse situation however and am sorry you went through that. I really would stick to your lawyers advice as this is not a DIY process. Maybe someone here who went through similar situation can halo- check out the VAWA thread and prepare to do a lot of reading. Good luck on the process and hope you hear positive news.

 

I would *think* your option if you get denied would be to marry the bf (assuming you are doing it for love..) and file AOS ASAP. You would be scrutinized but if you can prove the relationship and maybe retain the lawyer it would be successful.

[Villanelle 4,122]

4 hours ago, Luckycuds said:

How does this affect your ability to marry? You are divorced aka legally free to marry.

When someone files the 360 under VAWA they can either be divorced from the abuser or still married to them (from filing to approval) But if they are divorced they can not remarry until the 360 is approved. You can not be approved for the 360 if you marry someone else. Once the 360 is approved you can remarry with no impact (even if your 485 isnt approved yet) The remarriage wont impact the prior 360 approval or reverse it...

 

To get a C31 EAD it means your 360 was approved. This is because category C31 is only used when you have an approved 360. You can not have a C31 unless your 360 was approved. Now it could have been a technical error that the c31 was issued but that doesnt happen often. 

 

You need to figure out if you were issued a c31 by error or if the 360 was approved hence the c31 being issued (most likely what happened). Sometimes the NOA for the 360 takes a while to get. It seems like its only been 30-60 days since the c31 EAD arrived so you may be getting the NOA for the 360 soon. Sometimes people get them quick, sometimes it takes time. Your attny will also need to follow up and make sure your approved 360 gets transferred to NVC and then to your local office where you wait for interview to be scheduled. If the attny is not being helpful you can reach out to your congressperson for help in determining if your 360 was approved and you failed to get the NOA showing such. But speak to your attny first before asking for congresspersons help, some attnys dont like you to ask for help and will terminate their services if you go behind their back and ask for help. 

 

Once you have the 360 approval you can remarry. If you remarry before it was approved then yes, your VAWA case is over, it cant be approved and you would have to reapply as a spouse and wait for EAD based on new AOS filing. 

[Villanelle 4,122]

typo above I cant edit- should be NBC not NVC. sorry.