VAWA, Part 20

[lolaB998 128]

6 hours ago, ValeryK said:

Hello everyone, 

Could you please advise how long did it take for you to receive first prima facie and EAD?

I’ve been waiting 2,5 months. Nothing yet. 

I waited for almost 3 months. Filed Jan 2019 - received PF end March 2019. EAD was issued in less than 2 months but the current timeline is between 3 to 6 months

[Pinkrlion 2,673]

2 hours ago, ValeryK said:

First EAD or first prima facie? 

Prima Facie

[Hritik Rohail 103]

On 10/7/2020 at 3:27 AM, Blunt said:

Thanks I will look into it ..how did your own RFE go ?? What did they ask you ..did they ask you what you already submitted before ..sometimes their RFE is just uncalled for !!! 

Believe me my friend they asked for what I already submitted, but I complied with. Write a detail affidavit starting with courtship and so on. Write minute details which were unique and convincing.

[Hritik Rohail 103]

On 10/7/2020 at 3:42 AM, Blunt said:

Please I would like to know what this officer means by the pics were taking as same place at same time ..what is he trying to come about here ..I dnt really understand ..is the officer trying to say that the pictures were not in different location !!

Write on the bottom of each picture where  and when it was taken and its significance etc.

[cindy122808 134]

Hello everyone. So now I connected with my ex to file the divorce. I emailed him telling I will send the divorce papers. I did this with anxiety on the roof. I don't want him to know where I am or anything.  I got a PO Box to use as address so that I don't have to disclose my actual address. But here is the surprise, he responded like a nice person and I am puzzled and shocked. I feel like he is up to something, just lurking. I am paranoid. Did anyone of you filed a divorce with ease?

[Villanelle 4,121]

On 10/7/2020 at 4:42 AM, Blunt said:

Please I would like to know what this officer means by the pics were taking as same place at same time ..what is he trying to come about here ..I dnt really understand ..is the officer trying to say that the pictures were not in different location !!

 

Please take some time to prepare your RFE response. I know you want to send it back quickly and get the whole thing over with but you only get one chance to respond to the RFE. You want to do it carefully and properly.

 

Anyway, Im sorry for all you have been going through. I don't want to rehash all the drama from the last few pages but I do agree with sandras opinion that the fault here most likely lies with your attny and not a malicious Officer. This is important because it means you can not rely on the attny to prepare the RFE response. Now you may argue that your attny has handled numerous VAWA cases and they were all were approved with no issue. That means nothing. Anyone can assemble documents and put them in an envelope. That does not make them a VAWA expert attny. 

 

You must realize that everyones case is different. Some people have self explanatory evidences. In those cases yes, all the attny needs to do is put it in a package. Evidence is reviewed for quality and contents- your specific evidences apparently wasnt able to stand on its own. But instead of your attny taking responsibility for this they are blaming the Officer for being mean spirited. 

 

Example- what you are asking here. Apparently you submitted an affidavit and some pictures. Previously your attny has submitted cases with an affidavit and some pictures. So why was yours rejected and theirs wasnt? The RFE tells you why. Because your pictures were random photos of you and your spouse. They have no idea of the context. The other VAWA petitioner submitted an affidavit talking about their marriage and the abuse they suffered. They described in it how for Thanksgiving they spent it with extended family and friends. They included a picture of them from that night. You submitted an affidavit about your marriage and abuse and then sent random pictures of you and your spouse in a ballpark or sporting event. What park? What event? The Officer has no idea. Nothing in your letter said anything about going to an event with your spouse. As the RFE states all those pictures show is you and your spouse were at the same place at the same time. It does not show (without your statement) how you and your wife shared the life experience of going to a ballgame. How you share the same activities and interests. 

 

Do you see the difference? Its not about submitting specific things and having them subsequently checked off a list. Its about submitting a variety of evidence that satisfies the requirements. Your attny should have reviewed your package and saw this...Gathering more documents isnt necessarily going to satisfy the RFE. You do not want to send them a dozen more pictures with no explanation. You need to select your evidence carefully and intentionally. More does not equal better. Its the quality that matters. Ideally you want to be as specific as you can in your affidavit. Give as many details as you can. Anything that you can attach as proof supporting your statements should be included. If you and your spouse had a routine where every Sat you went to Dunkin Donuts together then talk about that. Show on your bank statements the charge every week from there. If one time you spilt your coffee and stained your pants talk about that as well. Show the dry cleaning receipt. Show a purchase the following week where you bought new pants cause the stain wouldnt come out. Talk about the argument you guys had over this. If this was your first time at Dunkin Donuts on your way to the ballgame then yeah the picture of you guys at the ballgame is good to include. It now has context. 

 

 

 

 

 

 

 

[Villanelle 4,121]

3 hours ago, hopingwgrace said:

 

So I finally received the RFE in the mail. They need additional evidences the I resided with the abuser besides the ones I submitted. They believe I did not move back and my primary residence was not with the abuser. This is due to the transactions that I had in our joint statements form out of state and having another residence in.different state due to a demanding job that requires to be onsite in away from my home state. Not sure how to handle this one

Are you speculating when you list the reasons they believe your primary residence was not with the abuser or was it specifically stated these are the issues we have? If they specifically stated things you need to respond directly about those issues. Please read my reply above to Blunt. A lot of it applies here. If you have a variety of evidences its your responsibility to fill in the blanks. If you had a job that required you to be out of state then you need to explain that and offer proof of such. You also need to show things that support your primary residence was with the abuser even though you spent a lot of time out of state. 

[dreamer1 320]

8 hours ago, ValeryK said:

Hello everyone, 

Could you please advise how long did it take for you to receive first prima facie and EAD?

I’ve been waiting 2,5 months. Nothing yet. 

Also, not everyone gets one automatically which is not a big deal. 
prina facia only means you meet all their requirements and can use the document To get some benefits

[Stillwinning!!!😊 4,570]

10 minutes ago, dreamer1 said:

Also, not everyone gets one automatically which is not a big deal. 
prina facia only means you meet all their requirements and can use the document To get some benefits

Nailed it!😊👍

[dreamer1 320]

2 hours ago, hopingwgrace said:

i think the officer understood my intent to move was still in progress while being abused. I actually moved there but I still had my contract for work and lease in the other state before my intent. I could not find any job in my home state so I kept working and soon enough the relationship fell apart. I separated after 4 months of marriage. I also had death in the family in January.. It was crazy-times to line everything up.

Did you contact your boss/HR about the move to the state your ex resided in? Anything like a notice, update in address for paperwork etc. that will be really good. 
did you talk to any co-workers or friends about the move, challenges finding a job in the same state as your boss, any e-mail confirmation of an application to a job in the other state— this will show you were actually looking and applying. 
 

if you tried getting out of your lease, any communication wit the landlord via text or e-mail, or if they can write a letter saying that you were looking to break your lease and had inquired about it.—- this one is a bit weaker as the officer can say that you can break the lease for any reason, not just moving in with spouse. 
 

I will write more as I think of other ideas. 
 

good luck, start thinking creatively

[natalysmile 75]

Hello  everyone
I have Prima
ending 31 October 2020
I am in Russia now...
I do not use the advantage that the document gives

Should I still write to the migration service ? or should I just wait?

Thank you

[SalishSea 17,473]

10 minutes ago, natalysmile said:

Hello  everyone
I have Prima
ending 31 October 2020
I am in Russia now...
I do not use the advantage that the document gives

Should I still write to the migration service ? or should I just wait?

Thank you

What sort of immigration benefit are you trying to get?

[natalysmile 75]

3 minutes ago, Jorgedig said:

What sort of immigration benefit are you trying to get?

no
I put / asked the question wrong
I have not tried and do not try)))
I live in Russia now. 
I left USA. I do not have a document to travel to America

The Migration USCIS gave me such a document by mail ( Prima). and it says that his document term ends on October 31 2020

My question is ... so ...should I write to them or just wait?

[hopingwgrace 68]

34 minutes ago, dreamer1 said:

Did you contact your boss/HR about the move to the state your ex resided in? Anything like a notice, update in address for paperwork etc. that will be really good. 
did you talk to any co-workers or friends about the move, challenges finding a job in the same state as your boss, any e-mail confirmation of an application to a job in the other state— this will show you were actually looking and applying. 
 

if you tried getting out of your lease, any communication wit the landlord via text or e-mail, or if they can write a letter saying that you were looking to break your lease and had inquired about it.—- this one is a bit weaker as the officer can say that you can break the lease for any reason, not just moving in with spouse. 
 

I will write more as I think of other ideas. 
 

good luck, start thinking creatively

That is so helpful. Thank you dreamer1. I was an independent contractor at the time but I have emails that my contracts were extended in chunks and can end anytime. So, the nature of my work was temporary to begin with. it was not permanent. I will search my email for communications to end my leases in my work state. 
Good ideas!

[Blunt 167]

1 hour ago, Villanelle said:

Please take some time to prepare your RFE response. I know you want to send it back quickly and get the whole thing over with but you only get one chance to respond to the RFE. You want to do it carefully and properly.

 

Anyway, Im sorry for all you have been going through. I don't want to rehash all the drama from the last few pages but I do agree with sandras opinion that the fault here most likely lies with your attny and not a malicious Officer. This is important because it means you can not rely on the attny to prepare the RFE response. Now you may argue that your attny has handled numerous VAWA cases and they were all were approved with no issue. That means nothing. Anyone can assemble documents and put them in an envelope. That does not make them a VAWA expert attny. 

 

You must realize that everyones case is different. Some people have self explanatory evidences. In those cases yes, all the attny needs to do is put it in a package. Evidence is reviewed for quality and contents- your specific evidences apparently wasnt able to stand on its own. But instead of your attny taking responsibility for this they are blaming the Officer for being mean spirited. 

 

Example- what you are asking here. Apparently you submitted an affidavit and some pictures. Previously your attny has submitted cases with an affidavit and some pictures. So why was yours rejected and theirs wasnt? The RFE tells you why. Because your pictures were random photos of you and your spouse. They have no idea of the context. The other VAWA petitioner submitted an affidavit talking about their marriage and the abuse they suffered. They described in it how for Thanksgiving they spent it with extended family and friends. They included a picture of them from that night. You submitted an affidavit about your marriage and abuse and then sent random pictures of you and your spouse in a ballpark or sporting event. What park? What event? The Officer has no idea. Nothing in your letter said anything about going to an event with your spouse. As the RFE states all those pictures show is you and your spouse were at the same place at the same time. It does not show (without your statement) how you and your wife shared the life experience of going to a ballgame. How you share the same activities and interests. 

 

Do you see the difference? Its not about submitting specific things and having them subsequently checked off a list. Its about submitting a variety of evidence that satisfies the requirements. Your attny should have reviewed your package and saw this...Gathering more documents isnt necessarily going to satisfy the RFE. You do not want to send them a dozen more pictures with no explanation. You need to select your evidence carefully and intentionally. More does not equal better. Its the quality that matters. Ideally you want to be as specific as you can in your affidavit. Give as many details as you can. Anything that you can attach as proof supporting your statements should be included. If you and your spouse had a routine where every Sat you went to Dunkin Donuts together then talk about that. Show on your bank statements the charge every week from there. If one time you spilt your coffee and stained your pants talk about that as well. Show the dry cleaning receipt. Show a purchase the following week where you bought new pants cause the stain wouldnt come out. Talk about the argument you guys had over this. If this was your first time at Dunkin Donuts on your way to the ballgame then yeah the picture of you guys at the ballgame is good to include. It now has context. 

 

 

 

 

 

 

 

I really appreciate your kindness,for you to take you time to write the long message shows that you are a very good person and may God keep on blessing you !! Thanks so much ..That’s why I keep saying that we still have good people in this world ..not like some opportunist on this thread ..God bless you once again ..I will do as you directed me and I pray God grant me victory 

2 hours ago, Hritik Rohail said:

Write on the bottom of each picture where  and when it was taken and its significance etc.

Okay I will try that method again