VAWA, Part 20

[Sk1992 73]

13 hours ago, HolaBola31 said:

Thank you! 
I submitted everything what was listed on the instructions self declaration, declarations from friends and my mom. A lot of pictures together. Different notes form me to my husband, from his son to me. Screenshots of conversation with ex, his mom, our friends. I had a picture of gift for Christmas from our neighbor. Bank statements, bills, insurance information etc.  I had police report, had physiology evaluation but very very poor. It has just couple bullets because for that time I had just 3-4 therapy sessions.

I had background check form my own country. 

Also pictures of my bruises after fight, broken mirror, my clothes which my abuser was throwing around the house etc. 

All together I had 241 pages. 
 

Thank you so much.! I didn’t do physiology evaluation bcz i only had $60 dollars on me so i couldn’t do it. Staying positive anyways

[Loser_Michigan 21]

10 hours ago, Godschild said:

Thank you my dear. 
I-130 and 485 filed Aug 2018 with abuser
I-360 Filed Jan 2019

485- held feb 2019

360 approved July 2020

card received Aug-2020

485 interview Oct 2020

card Nov 2020

 

Congratulations my friend！

[Villanelle 4,121]

On 11/12/2020 at 3:01 PM, June1888 said:

 

You had previously submitted a joint AOS (130-485) and had an interview in which you told them you were filing for VAWA so they were putting your 485 on hold until the 360 was approved. (the technical term for this is 'hold in abeyance') In simple terms that just means they are postponing doing anything with your 485. I understand you were told at the 485 interview that everything was good and all that would be needed was the 360 approval. But your 485 interview was in fact over 1 year ago right? 

 

Officially they are required to do an interview for the 485 and the majority of people who were in a similar situation to yours (previously had a 485 interview) they do in fact do a second 485 interview after the 360 approval. A very small number of people historically have been approved for VAWA 485 w/o interview because either they previously had a 485 interview or for seemingly random/no reason. Currently with the pandemic an additional number of VAWA petitioners are being approved w/o interview. You have to view those approvals w/o interviews or w/o second 485 interviews as exceptions. No one is entitled to an exception, if it happens then great! If it doesnt then it doesnt. 

 

The latest correspondence you have is from the Miami office stating you are in queue waiting for an interview. They can decide they are too busy and just approve you since you interviewed before. They can decide they are too busy and transfer your case to Kendall to interview you there. They can decide to leave your case where it is in queue and do the interview when its your turn. You can not control any of that. A writ of mandamus would force USCIS to make a decision right now. Again their decision can be a denial because your previous 485 interview was over a year ago- plus I doubt you have 30k to file this! If you do I would urge you to invest that money into a new car or a high earnings savings account rather then throwing it away in legal fees to try to speed up a process that will eventually complete. I know the waiting is hard but if you have a valid EAD and PF then honestly not much in your daily life will change once you have the greencard besides the anxiety of waiting. 

 

Also your priority date never changes. The priority date is the date they got your 485. This date only matters if your spouse was not a USC. There are limits on how many visas they can issue but if your spouse was a USC then there is no limit and you are immediately eligible to adjust status. If your spouse was not a USC then the priority date needs to be current to adjust status. Again this date is not going to change ever. 

 

Now the processing times you view online uses the priority dates and data from the last few months to generate an estimated wait time and case out of normal processing date that would allow you to submit inquiries. This set up gives the majority of applicants pretty accurate info. But for VAWA petitioners it does not. This is because as I explained your 485 does not get to the local office until after your 360 is approved. So when you look at the processing times for your local office you have to look at what they are currently processing and your best guess of when your case was transferred to them if you didnt get any notifications from NBC about it being sent to the local office. 

 

 

 

[Engineering-rocks 212]

On 11/11/2020 at 8:51 AM, June1888 said:

Hello fam --- I have learned this morning that my 485 AOS case has reached 16 months outside of processing times. Congress person only says that "constituent is waiting in queue for interview". 

 

Case priority date: March 21 2017

Case Processing Times : July 31, 2018

 

Does anyone have a suggestion on what else I can do? My attorney is asking for 30K to file writs on mandamus and I don't have that money. 

 

 

You can try filing an inquiry with ombudsman. Gotta send a letter with a form through regular mail though since they require a signature.

[Risen 88]

On 11/12/2020 at 1:18 PM, HolaBola31 said:

Thank you wey much guys!!! I’ll share  my timeline.

Filed: April 16 2019

Approved: November 12 2020

No RFE☺️ 

Congratulations.

[Restez Forts 107]

Well, confusion at USCIS will never cease. They sent my mail to my old safe address in a different State from where I leave now. My friend just informed me.

 

I'm afraid this means they will or have already set my fingerprint appointment in that other State.

 

I even sent the AR-11 with my 485  packet but here we are. It's truly laughable.

 

The mail must be my receipt. They received 485 Sept 28th this year. Planning to follow up with my lawyer, if need be Congress person to make sure they have the correct address. 

[Ana FL 242]

33 minutes ago, Restez Forts said:

Well, confusion at USCIS will never cease. They sent my mail to my old safe address in a different State from where I leave now. My friend just informed me.

 

I'm afraid this means they will or have already set my fingerprint appointment in that other State.

 

I even sent the AR-11 with my 485  packet but here we are. It's truly laughable.

 

The mail must be my receipt. They received 485 Sept 28th this year. Planning to follow up with my lawyer, if need be Congress person to make sure they have the correct address. 

I’ve sent them 2 AR11 forms in the past 6 months and they still sent my EAD C31 to my old address. Getting congressman involved to update the address and get me a new card! Very frustrating for sure! 

[sheima 500]

43 minutes ago, Restez Forts said:

Well, confusion at USCIS will never cease. They sent my mail to my old safe address in a different State from where I leave now. My friend just informed me.

 

I'm afraid this means they will or have already set my fingerprint appointment in that other State.

 

I even sent the AR-11 with my 485  packet but here we are. It's truly laughable.

 

The mail must be my receipt. They received 485 Sept 28th this year. Planning to follow up with my lawyer, if need be Congress person to make sure they have the correct address. 

If you doubt they send your fingerprints letters to your old address, you can just go your nearest Uscis ASC and explain to them, they will print that letter and fingerprint you right away, after that make sure your new address is updated.

[Sharshar42 208]

On 11/13/2020 at 4:13 PM, Godschild said:

Hello Family,

 

Today I just received my green card in hand. To God be the glory. For everyone, don’t give up hope. It came just in time for me to give birth next month to my first child. 

Congratulations on your green card and Congratulations on your baby, God is truly wonderful!

[Mercyme 271]

1 hour ago, Sharshar42 said:

Congratulations on your green card and Congratulations on your baby, God is truly wonderful!

Thank you so much and to everyone as well.

[HolaBola31 135]

17 hours ago, Risen said:

Congratulations.

Thank you! How are you doing? Did you resolve issues with your child’s transportation to the school?

[Villanelle 4,121]

16 hours ago, Restez Forts said:

Well, confusion at USCIS will never cease. They sent my mail to my old safe address in a different State from where I leave now. My friend just informed me.

 

I'm afraid this means they will or have already set my fingerprint appointment in that other State.

 

I even sent the AR-11 with my 485  packet but here we are. It's truly laughable.

 

The mail must be my receipt. They received 485 Sept 28th this year. Planning to follow up with my lawyer, if need be Congress person to make sure they have the correct address. 

I'm confused on how or why you sent an AR11 with a 485 package? The 485 should have been filled out with the current address. You would not enter and old address on the 485 and then an Ar11 along with it but rather simply put the new and current address directly on the forms. I browsed through your profile and saw in your recent posts stuff about 2 c09 EADs and it seems your 360 was approved- but Im not entirely sure where you are in the process. Im worried you submitted multiple 485s which is not necessarily a problem in itself but it can cause confusion and issues like you described (getting extra EAD or mail sent to wrong location). Can you please list out your timeline of what was filed and when? Every petition you filed will have its own NOA receipt number. If you did mail 2 485s please check the receipt numbers and make sure you are matching up the correspondence received to the correct case number. You may benefit from reaching out to your congressman but you want to make sure you understand what you are asking them to help you with first. 

[Villanelle 4,121]

On 11/13/2020 at 5:40 PM, AbbeyDave said:

Hi guys,

 

I wish everyone who is waiting for approval that very soon, the approvals will come by God's grace. This is my timeline

 

PD I360 - April 2019

PD I485 & I765- Feb 2020

EAD C09 - June 2020

EAD C31 - Sept 2020 no RFE

I485 RFE - Nov 2020

 

I did not get I360 Approval letter. I was expecting approval letter only to get RFE for I485 from NBC. They requested for birth certificate which I had submitted before. I did not submit medicals as at when I applied with form I485. I am tempted to send the birth certificate again now with the medicals. Is there any negative consequences if I submit medicals with the birth certificate since RFE was for birth cerificate?

 

 

If you never submitted medicals then you can submit them now or wait and bring it to the interview. Its odd that NBC did not request them, its one of the things they check before sending it to the local office to wait for an interview slot to open. Did you previously file a joint AOS with your spouse and include medicals in that submission? (just curious). If you are able to do the medical now I would send it along with the birth certificate. The RFE requires you to respond with what they asked so you must send what they asked for- but you can also send additional stuff and if you do the additional stuff will be put into your file. 

[AbbeyDave 1]

On 11/13/2020 at 5:57 PM, sheima said:

It’s a good idea to submit both and there will be no problem, by doing that, you might get your GC without interview.🙏

Thank you for the response🙏 . I will do that

[AbbeyDave 1]

16 minutes ago, Villanelle said:

If you never submitted medicals then you can submit them now or wait and bring it to the interview. Its odd that NBC did not request them, its one of the things they check before sending it to the local office to wait for an interview slot to open. Did you previously file a joint AOS with your spouse and include medicals in that submission? (just curious). If you are able to do the medical now I would send it along with the birth certificate. The RFE requires you to respond with what they asked so you must send what they asked for- but you can also send additional stuff and if you do the additional stuff will be put into your file. 

Thanks, Yes I did file a joint AOS with spouse in July 2018 and submitted medicals back then. Unfortunately, it was not held in abeyance despite I filed  I360 prior to interview. I had the notice of I360 receipts.Obviously, the medicals is definitely no longer valid since its more than 2 years. I had to file a new I485 in Feb 2020 without medicals. I will send the birth certificate with medicals as suggested.