VAWA, Part 20

[Demise 1,269]

7 hours ago, isurvived said:

Hello everyone, 

I left my husband over 4years ago, but I've not been able to divorce him cause he relocated to a different city. I don't know where he is and I'm also keeping a low profile (I don't post on Social media). Does anyone know if this might be a problem when I'm sent interview notice? Will it affect me getting the GC?

 

For those who are divorced, how did you file? 

 

Regarding VAWA it won't really affect the case. Only limitation is that you file within 2 years of:

1. Divorce

2. Death (USC spouse only)

3. Loss of status by the abuser (generally LPR spouse only)

 

Personally I am still married to my ex and I really don't care about filing for divorce. I think that I'll eventually be approved, but remaining married actually would allow me to regroup and refile my I-360 should I get denied. A bit too many people in the AAO decision list who divorced, filed, fell out of the 2 year filing period, and the only thing they can do is keep throwing out I-290Bs for reconsiderations and appeals.

[isurvived 98]

8 minutes ago, Demise said:

Regarding VAWA it won't really affect the case. Only limitation is that you file within 2 years of:

1. Divorce

2. Death (USC spouse only)

3. Loss of status by the abuser (generally LPR spouse only)

 

Personally I am still married to my ex and I really don't care about filing for divorce. I think that I'll eventually be approved, but remaining married actually would allow me to regroup and refile my I-360 should I get denied. A bit too many people in the AAO decision list who divorced, filed, fell out of the 2 year filing period, and the only thing they can do is keep throwing out I-290Bs for reconsiderations and appeals.

My i360 was approved Sept 2018. I'm just waiting for my GC interview to be scheduled. I've been waiting for GC interview for over 24months. I don't want further delays, hence my asking. 

[Naguto7659 12]

On 10/26/2020 at 4:03 PM, Naguto7659 said:

Dear friends - God bless all.

 

has anyone had any recent approvals without interview? How did you get the approval notice and did it arrive with green card together?

Friends - just following up if anyone had a similar situation and would appreciate any story sharing here - thank you again so much. 

[Kely 70]

Hi everyone ! 

So my vawa was approved and now I received this today. I thought they would request medical as well, since the last time i sent them my medical records was in 2017 so it should be expired now. Any comments on this? And how long does it take for them to respond after that?

[西苑二楼 125]

15 hours ago, DmytriiD said:

Congrats! I am at 18 full months right now, nothing yet for me.
But I think it depends on country of origin, because they are allowed to issue an X amount of GC to each nationality every year, so I think some go faster then others at first stage, but then at field offices they sit in the same line. Does that sounds right guys ?

I don’t think that’s the case. I don’t think a VAWA case has anything to do with where you are from. This is just my thought though. 

[Restez Forts 107]

28 minutes ago, Kely said:

Hi everyone ! 

So my vawa was approved and now I received this today. I thought they would request medical as well, since the last time i sent them my medical records was in 2017 so it should be expired now. Any comments on this? And how long does it take for them to respond after that?

I don't know how long it will take them to respond considering the crazy backlog, but I would throw in the medical with everything else they asked for, to avoid another RFE.

[isurvived 98]

41 minutes ago, Kely said:

Hi everyone ! 

So my vawa was approved and now I received this today. I thought they would request medical as well, since the last time i sent them my medical records was in 2017 so it should be expired now. Any comments on this? And how long does it take for them to respond after that?

Hi, I got RFE for Birth certificate 9months after my i360 was approved. Although they received my response July 18 2019. I have not heard anything since, but I'm hopeful. Just send what they are requesting, so they can go back to working on your case. 

[Kely 70]

16 minutes ago, Restez Forts said:

I don't know how long it will take them to respond considering the crazy backlog, but I would throw in the medical with everything else they asked for, to avoid another RFE.

Thank you dear

[Kely 70]

5 minutes ago, isurvived said:

Hi, I got RFE for Birth certificate 9months after my i360 was approved. Although they received my response July 18 2019. I have not heard anything since, but I'm hopeful. Just send what they are requesting, so they can go back to working on your case. 

wow! 

My vawa was approved mid-august 2020 though...

I guess the long wait is due to covid 19. Let's be hopeful. I guess I will send my birth certificate and medicals as well,to avoid another RFE🙏🏾

[Demise 1,269]

10 minutes ago, 西苑二楼 said:

I don’t think that’s the case. I don’t think a VAWA case has anything to do with where you are from. This is just my thought though. 

VAWA cases are either charged under Immediate Relative or F2A categories, depending on whether the abuser was a USC or an LPR.

Immediate relative category is not subject to any numerical limitations.

F2A is subject to a quota, however it's been current for a while and most numbers are exempt from per-country limits.

 

VAWA Cancellation of Removal cases (which you can only seek from an immigration judge) are subject to a 4000 per year limit with other COR cases, though the 4000 are not split up per country.

 

So basically it doesn't matter which country you're from in regards to processing times.

 

 

[西苑二楼 125]

10 minutes ago, Demise said:

VAWA cases are either charged under Immediate Relative or F2A categories, depending on whether the abuser was a USC or an LPR.

Immediate relative category is not subject to any numerical limitations.

F2A is subject to a quota, however it's been current for a while and most numbers are exempt from per-country limits.

 

VAWA Cancellation of Removal cases (which you can only seek from an immigration judge) are subject to a 4000 per year limit with other COR cases, though the 4000 are not split up per country.

 

So basically it doesn't matter which country you're from in regards to processing times.

 

 

Agreed. 

[isurvived 98]

1 hour ago, Kely said:

wow! 

My vawa was approved mid-august 2020 though...

I guess the long wait is due to covid 19. Let's be hopeful. I guess I will send my birth certificate and medicals as well,to avoid another RFE🙏🏾

I think it's best to cover all grounds. Hopefully, you'll hear back in no time.

1 hour ago, Demise said:

VAWA cases are either charged under Immediate Relative or F2A categories, depending on whether the abuser was a USC or an LPR.

Immediate relative category is not subject to any numerical limitations.

F2A is subject to a quota, however it's been current for a while and most numbers are exempt from per-country limits.

 

VAWA Cancellation of Removal cases (which you can only seek from an immigration judge) are subject to a 4000 per year limit with other COR cases, though the 4000 are not split up per country.

 

So basically it doesn't matter which country you're from in regards to processing times.

 

 

👍🏾👍🏾

[DmytriiD 186]

1 hour ago, 西苑二楼 said:

I don’t think that’s the case. I don’t think a VAWA case has anything to do with where you are from. This is just my thought though. 

But then why VAWA cases are getting processed not in order ?
The only explanation I see is nationality quotas for each year - it is in the law, but I am not sure if its for GCs or for Citizenship.
Anyway VAWA approval is neither of those, so I don't really have an answer, just thoughts as well.

[Demise 1,269]

13 minutes ago, DmytriiD said:

But then why VAWA cases are getting processed not in order ?
The only explanation I see is nationality quotas for each year - it is in the law, but I am not sure if its for GCs or for Citizenship.
Anyway VAWA approval is neither of those, so I don't really have an answer, just thoughts as well.

Random chance and case complexity probably.

 

Mine is a mess: removal proceedings when I was a kid long before I married, prior I-130 which is probably still sitting at NVC, an I-601A that I ended up abandoning, got RFE'd for bona fides of marriage so I dropped a total of 300 pages of stuff on them (mostly bank records, still all the exhibits stretch from A to T) and pointed them to evidence in the prior I-130, so I am not surprised I'm waiting since August 2018.

[西苑二楼 125]

23 minutes ago, DmytriiD said:

But then why VAWA cases are getting processed not in order ?
The only explanation I see is nationality quotas for each year - it is in the law, but I am not sure if its for GCs or for Citizenship.
Anyway VAWA approval is neither of those, so I don't really have an answer, just thoughts as well.

Again, I am not a professional. Maybe check with your attorney for more accurate explanations.

 

However, just because there exists nationality percentage doesn’t make it the only reason why VAWA cases are not being processed by order. That would be biased if it does.