VAWA, Part 21

[God is a good God 238]

In immigration proceedings. I360 pending since October 2019. Sent i485 to a wrong filing location USCIS irving TX November 2020. Uscis irving TX sent me a fingerprint appointment letter. Finger print 18 Feb in st Louis mo. Still nothing from i360....

[Desert Storm 10]

Hello Everyone, I got my Green Card through Vawa in July 2020. 
 

does anyone know if I can remarry and sponsor for my spouse ? I have heard about 5 years rule. Has anyone here sponsored for their spouse after getting Green card through Vawa 

 

@sandranj @Stillwinning!!!😊

Edited February 1, 2021 by Desert Storm

[Stillwinning!!!😊 4,570]

6 minutes ago, Desert Storm said:

Hello Everyone, I got my Green Card through Vawa in July 2020. 
 

does anyone know if I can remarry and sponsor for my spouse ? I have heard about 5 years rule. Has anyone here sponsored for their spouse after getting Green card through Vawa 

 

@sandranj @Stillwinning!!!😊

As a green card holder you can sponsor your kid or your spouse so yes! And you definitely can remarry!👍

[Desert Storm 10]

11 minutes ago, Stillwinning!!!😊 said:

As a green card holder you can sponsor your kid or your spouse so yes! And you definitely can remarry!👍

@Stillwinning!!!😊

 

it seems like there is a 5yrs rule

 

https://www.nolo.com/legal-encyclopedia/my-husband-got-us-green-card-through-previous-marriage-can-sponsor-me.html

[Pinkrlion 2,724]

2 hours ago, Desert Storm said:

Hello Everyone, I got my Green Card through Vawa in July 2020. 
 

does anyone know if I can remarry and sponsor for my spouse ? I have heard about 5 years rule. Has anyone here sponsored for their spouse after getting Green card through Vawa 

 

@sandranj @Stillwinning!!!😊

That is true.  A GC holder that has obtained their GC through marriage based GC visas will have to wait for 5 years to sponsor a new spouse after a divorce.  

[Stillwinning!!!😊 4,570]

5 hours ago, Desert Storm said:

@Stillwinning!!!😊

 

it seems like there is a 5yrs rule

 

https://www.nolo.com/legal-encyclopedia/my-husband-got-us-green-card-through-previous-marriage-can-sponsor-me.html

Just read the article and this piqued my interest.    ..."The law wants people who divorce and remarry after getting a green card through marriage to wait at least five years after they get their green card before petitioning for a new spouse."     Now I'm  NOT sure if this extends or applies to VAWA cases as only the marriage based GC is referred to here! You did not get your GC through marriage but by self petition! I hope the confusion is cleared up soon as this is just my perception! The IO who interviewed me didnt say I had to wait 5yrs..💁

[Happy1982 124]

On 1/28/2021 at 12:28 PM, TexasVAWA said:

Good Morning , 

 

My I-360 is approved in May 2020. 

I-485 interview : 07 January 2021 . The interview status : Interview completed and must be reviewed. 

Today I received a notice that We denied your for I-130 and we denied your I-485. 

 

I am completely freaked out . I don't know what to do . Please help me if there is any suggestion. 

 

 

 

 

 

I'm really sorry for you?. Did you receive the reason of the denial?. Do you have any criminal record?.

[TexasVAWA 60]

1 minute ago, DanyT. said:

I'm really sorry for you?. Did you receive the reason of the denial?. Do you have any criminal record?.

Thank you for the response . I haven't received any notice yet . I hope I will get it within a week . And, I do not have any criminal record I believe . I never had any public charge , arrest or warrant. So far I had 3 traffic violation tickets that I already paid for . Is there any chance  USCIS will reject approved I-360 because of they denied I-485 ?  And I am wondering if I should refile another I-485 and separately appeal to reopen the existing case  when I will get the denial letter . I don't know if anybody has ever done that before ?

[Stillwinning!!!😊 4,570]

26 minutes ago, TexasVAWA said:

Thank you for the response . I haven't received any notice yet . I hope I will get it within a week . And, I do not have any criminal record I believe . I never had any public charge , arrest or warrant. So far I had 3 traffic violation tickets that I already paid for . Is there any chance  USCIS will reject approved I-360 because of they denied I-485 ?  And I am wondering if I should refile another I-485 and separately appeal to reopen the existing case  when I will get the denial letter . I don't know if anybody has ever done that before ?

The only time USCIS will cancel an already approved i360 is if they find new evidence that wasn't available at the time of adjudication! I believe your case will be rectified once the mix-up is identified!👍

[Pinkrlion 2,724]

1 hour ago, TexasVAWA said:

Thank you for the response . I haven't received any notice yet . I hope I will get it within a week . And, I do not have any criminal record I believe . I never had any public charge , arrest or warrant. So far I had 3 traffic violation tickets that I already paid for . Is there any chance  USCIS will reject approved I-360 because of they denied I-485 ?  And I am wondering if I should refile another I-485 and separately appeal to reopen the existing case  when I will get the denial letter . I don't know if anybody has ever done that before ?

Did you file more than one I-485 or hold I-485? It reads as if your I-485 that was connected to your I-130 was denied.  As they have denied the I-130.  It is a big mess if they did not hold your I-485 based on VAWA.  The good thing is you can always re-apply for I-485 or file a motion to re-open.  

[TBoneTX 45,849]

5 hours ago, Stillwinning!!!😊 said:

"The law wants people who divorce and remarry after getting a green card through marriage to wait at least five years after they get their green card before petitioning for a new spouse."

Sandra can certainly clarify this for everybody.

[TexasVAWA 60]

2 hours ago, Stillwinning!!!😊 said:

The only time USCIS will cancel an already approved i360 is if they find new evidence that wasn't available at the time of adjudication! I believe your case will be rectified once the mix-up is identified!👍

Ok makes sense . Thank you. 

[TexasVAWA 60]

1 hour ago, Pinkrlion said:

Did you file more than one I-485 or hold I-485? It reads as if your I-485 that was connected to your I-130 was denied.  As they have denied the I-130.  It is a big mess if they did not hold your I-485 based on VAWA.  The good thing is you can always re-apply for I-485 or file a motion to re-open.  

I sent letter with a receipt copy  of I-360 to the field office to hold I-485 which was connected to I-130 . I did not make more than one I-485. I agree . that's a good thing .  that's also another lengthy process . I am gonna share the denial notice as soon as In get that in my mail. Waiting on that . Thank you for the response .  

[isurvived 98]

13 minutes ago, TexasVAWA said:

Ok makes sense . Thank you. 

Sorry you have to go through this emotional stress. I believe you'll be able to get much needed help from this platform when you receive the notice. Just hang in there

[2020filer 74]

Has anyone sent additional documents to USCIS? I am contemplating sending additional 6 months worth of therapy (PTSD treatment) + 1 additional month of another therapist, divorce documents (once I receive the final judgement), and tax documents. I filed Sept. 2020.

 

Please let me know.