VAWA, Part 21

[FeDaniela 673]

1 hour ago, balo101 said:

Guys i know it might be too early for me to panic. 

But i am just wondering my Vawa is pending for last 14 months. I did not get any RFE or anything. 

Any suggestions? 

No need to panic; Vawa is taking around 18-24 months you should be hearing from them soon give it couple more months. 

[Maridade 51]

On 2/12/2021 at 3:15 PM, DmytriiD said:

Hi
I am 24APR19 filler, 3 Prima's, no RFE, updated EAD+AP 3rd time now...no decision yet

Any update yet my dear? Did you hear back fro your congressman office?

[balo101 669]

8 minutes ago, Maridade said:

Mine is pending for 22 months now. I haven't gotten any RFE yet. maybe it is a good sign. 

Not Easy to wait but I am optimist. No need to panic my dear. Your time will come soon

wow that's a long time. Soon you gonna get good news. 

8 minutes ago, FeDaniela said:

No need to panic; Vawa is taking around 18-24 months you should be hearing from them soon give it couple more months. 

hopefully. Thanks for the kind words.

[justmarriedusciti 7]

3 hours ago, balo101 said:

Guys i know it might be too early for me to panic. 

But i am just wondering my Vawa is pending for last 14 months. I did not get any RFE or anything. 

Any suggestions? 

Did you get an EAD while VAWA is pending. Also did you go through attorney or file yourself?

[justmarriedusciti 7]

Hi all, 

Some members here mentioned that I can file VAWA I-360, get its receipt number before my I-485/I-130 interview and provide it to the USCIS officer at the interview. I spoke with two different attorneys and they said that I have to file both I-485 and I-360 concurrently. They said I can't use existing I-485 and file I-360 using that since my divorce has been filed and once divorce decree is finalized, that I-485 will be null and void. I'm wondering if that's the case and I can't use existing I-485 and have it converted to I-360 from the already filed I-130?? This attorney I contacted is a very reputable one in Washington DC.  

[balo101 669]

5 minutes ago, justmarriedusciti said:

Did you get an EAD while VAWA is pending. Also did you go through attorney or file yourself?

i got EAD. i did it by myself. 

[justmarriedusciti 7]

Just now, balo101 said:

i got EAD. i did it by myself. 

How long did it take you after your I-360 was accepted? And what office did you file it at? I'm assuming you filed I-485 too with I-360?

Edited February 25, 2021 by justmarriedusciti

[balo101 669]

1 minute ago, justmarriedusciti said:

Hi all, 

Some members here mentioned that I can file VAWA I-360, get its receipt number before my I-485/I-130 interview and provide it to the USCIS officer at the interview. I spoke with two different attorneys and they said that I have to file both I-485 and I-360 concurrently. They said I can't use existing I-485 and file I-360 using that since my divorce has been filed and once divorce decree is finalized, that I-485 will be null and void. I'm wondering if that's the case and I can't use existing I-485 and have it converted to I-360 from the already filed I-130?? This attorney I contacted is a very reputable one in Washington DC.  

that's not true. I went to my interview with i-360 receipt and told the officer to hold the i-485 which she did.

[justmarriedusciti 7]

Just now, balo101 said:

that's not true. I went to my interview with i-360 receipt and told the officer to hold the i-485 which she did.

Was your divorce ongoing when you went for your interview?

[balo101 669]

Just now, justmarriedusciti said:

Was your divorce ongoing when you went for your interview?

yeah but that has nothing to do divorce. officer did not even ask me any question regrading divorce. 

[balo101 669]

1 minute ago, justmarriedusciti said:

Was your divorce ongoing when you went for your interview?

you should go ahead and file i-360 and when interview comes let the officer know you have filled and hold the i-485.

[Engineering-rocks 212]

4 minutes ago, justmarriedusciti said:

Hi all, 

Some members here mentioned that I can file VAWA I-360, get its receipt number before my I-485/I-130 interview and provide it to the USCIS officer at the interview. I spoke with two different attorneys and they said that I have to file both I-485 and I-360 concurrently. They said I can't use existing I-485 and file I-360 using that since my divorce has been filed and once divorce decree is finalized, that I-485 will be null and void. I'm wondering if that's the case and I can't use existing I-485 and have it converted to I-360 from the already filed I-130?? This attorney I contacted is a very reputable one in Washington DC.  

As far as I know as long as your ex didn't contact USCIS asking to withdraw I130 (causing automatic I485 denial) you should be able to use old I485. Check with congressman if I485 is still pending to be sure.

[justmarriedusciti 7]

1 minute ago, balo101 said:

yeah but that has nothing to do divorce. officer did not even ask me any question regrading divorce. 

Wow! This attorney was really misleading me then. She said that if we don't refile the I-485 concurrently with I-360 the officer will say that since my original I-485 was filed for an accompanying I-130, it does not have any value now due to divorce. I'm assuming your divorce took some months afterwards this interview took place?

[balo101 669]

1 minute ago, justmarriedusciti said:

Wow! This attorney was really misleading me then. She said that if we don't refile the I-485 concurrently with I-360 the officer will say that since my original I-485 was filed for an accompanying I-130, it does not have any value now due to divorce. I'm assuming your divorce took some months afterwards this interview took place?

my divorce still in process. i guess your attorney wants to make additional money by filling out i-485 second time.

[justmarriedusciti 7]

4 minutes ago, Engineering-rocks said:

As far as I know as long as your ex didn't contact USCIS asking to withdraw I130 (causing automatic I485 denial) you should be able to use old I485. Check with congressman if I485 is still pending to be sure.

My spouse hasn't withdrawn it yet. and I will get in touch with congressman's office too. I'm still searching for any official USCIS guidance on being able to use old I-485. Is there anything on their website I can read up?