VAWA, Part 21

[Tatsi0830 23]

8 hours ago, sheima said:

Yes you are right that’s the case, are you saying she was denied because she travel out and in using  a student visa? My mistake, thanks for the correction 

I could be mistaken too, I just thought right away about this recent case   As I understood she travelled and re-entered the US using her student visa, while she already had 485 pending (and you need advanced parole for that). I could easily do the same mistake in the same circumstances 😕 so that's great people share the stories here!

 

6 hours ago, sheima said:

I mean if you are filling your I-360 why not Include I-485 in one package and get a waiver? It’s free,  If your marriage based I-485 is pending nothing is risky about your EAD, and you can file a new 485 with your vawa package 

On the one hand yes, but to get a waiver you need to qualify for one. If she makes enough and has savings, they will not except it, deny new 485 and send it back. This happened to me! I sent 360,485,765,131 with waivers in July. 360 was accepted, got all the rest back denied in September with waiver being denied. Had to refile everything in September again with a check and wasted over 2 months basically =\ 

In case with Ead it would be risky because to receive a new ead takes 4-11 months right now (based on uscis website. I can't believe they changed it to 11 months!! wild!).

Also if she doesn't link her current 485 and files a new one, and current 485 gets denied with a withdrawal of 130, her ead through that 485 will be recalled even before the expiration date. She might have a gap in her work and we all now that is not a nice situation to be in =\

 

8 hours ago, justmarriedusciti said:

My current EAD has almost 10 months left before expiring. I would like to keep that otherwise I will lose my job. thankfully my I-485 is still pending, but don't know for how long

If I was you, I would link 485 to 360 while it's pending, and file 360 as soon as you can. If 130 gets withdrawn and marriage based 485 denied, in the denial letter of 485 they will say that ead and advanced parole based on that petition are recalled and you must turn them in. To get initial ead through Vermont takes 4 to 11 months right now according to uscis website (I got mine this month in 5, ValeryK got hers in 7).

Everything will be fine though! Just get your papers together and file 360, and we are here to support

[Eureka93 23]

Good Morning everyone,

 

What a great forum this is. I wish I had known about this when filing my VAWA application.

 

My VAWA was approved on Aug 6, 2019.

My I-485 (filed alongside my I-130) is still pending and was received in December 2016.

Shortly after submitting my VAWA application, I did send my local office (Baltimore) a letter asking that my I-485 be adjudicated based on my pending I-360 and not the I-130 my spouse had filed for me.

By God's grace, I have been able to renew my EAD twice so far.

 

I am hoping to hear from anyone with a similar timeline? Dealing with the Baltimore Field Office?

I have been waiting for an interview for about 18 months now from the Baltimore Field Office.

I have sent the Vermont Service Center letters to inquire. No response since August 2020.

I have reached out to the Ombudsman. No response since October 2020.

I have also reached out to my congressman a few days ago.

 

It seems I have exhausted all my options to get an update so I will continue to wait and see what gives.

 

I am praying for everyone still waiting on their good news and Godspeed to all who got their green cards. Thanks.

 

[FeDaniela 673]

11 hours ago, sheima said:

What is good about forgetting your marriage based I-485 and file a new I-485  with I-360 is, your spouse can not use your I-485 marriage based receipt and track your case, other than that is not a bad idea to put it on hold and yes you can ask the officer to put it on hold if you have your vawa filling receipt. If I were you I wil just void the marriage based I-485.

I want to add on this quote, my abuser had my  I-485 receipt because we filed together and use to track it, Vawa was already filed, My attorney contact Vermont Service Center and told them Not to update at all my held I-485 because my abuser was threating me and tracking it, To please follow privacy law. This work they internally created a T5 file (No idea what it is) officer told me at the interview. My i-485 online status never updated everything is thru mail to my attorney office. We can be protected. 

[Maridade 51]

10 hours ago, justmarriedusciti said:

I am getting so many different pieces of advice. Some are saying file a new concurrent I-360 and I-485, and some are saying file I-360 and ask USCIS officer in writing and during interview to hold I-485. Not sure which is the best way forward, but for sure I have to use attorney so they can talk directly with USCIS if needed. One more thing I want to ask, how long is it taking nowdays for I-360 VAWA to typically be approved? I have a strong evidence of abuse.  

Different advices can be confusing that's sure. But the best way forward is to file i360 and ask Uscis to hold your previous i485 and wait for your i360 to be adducted. that way you don't lose your spot on the queue. As for Vawa processing times it depends. its between 18-24 months even more for some on this forum. My case is pending since April 2019 and I haven't heard nothing from them. some people who filed in 2018 are still waiting some have been approved in 18 months. but the most important thing for you is to file before your spouse withdraw the petition. you already have a adjustment of status case use it for your benefit. talk with an experienced lawyer. there is avvo where you can answers from immigration lawyers. good luck my dear. keep us posted

[sheima 510]

2 hours ago, Tatsi0830 said:

I could be mistaken too, I just thought right away about this recent case   As I understood she travelled and re-entered the US using her student visa, while she already had 485 pending (and you need advanced parole for that). I could easily do the same mistake in the same circumstances 😕 so that's great people share the stories here!

 

On the one hand yes, but to get a waiver you need to qualify for one. If she makes enough and has savings, they will not except it, deny new 485 and send it back. This happened to me! I sent 360,485,765,131 with waivers in July. 360 was accepted, got all the rest back denied in September with waiver being denied. Had to refile everything in September again with a check and wasted over 2 months basically =\ 

In case with Ead it would be risky because to receive a new ead takes 4-11 months right now (based on uscis website. I can't believe they changed it to 11 months!! wild!).

Also if she doesn't link her current 485 and files a new one, and current 485 gets denied with a withdrawal of 130, her ead through that 485 will be recalled even before the expiration date. She might have a gap in her work and we all now that is not a nice situation to be in =\

 

If I was you, I would link 485 to 360 while it's pending, and file 360 as soon as you can. If 130 gets withdrawn and marriage based 485 denied, in the denial letter of 485 they will say that ead and advanced parole based on that petition are recalled and you must turn them in. To get initial ead through Vermont takes 4 to 11 months right now according to uscis website (I got mine this month in 5, ValeryK got hers in 7).

Everything will be fine though! Just get your papers together and file 360, and we are here to support

Nice and thanks 

[sheima 510]

2 hours ago, FeDaniela said:

I want to add on this quote, my abuser had my  I-485 receipt because we filed together and use to track it, Vawa was already filed, My attorney contact Vermont Service Center and told them Not to update at all my held I-485 because my abuser was threating me and tracking it, To please follow privacy law. This work they internally created a T5 file (No idea what it is) officer told me at the interview. My i-485 online status never updated everything is thru mail to my attorney office. We can be protected. 

Nice 

[TBoneTX 45,331]

3 hours ago, sheima said:

I am so happy to see my I-360  got approved

So are we, and you deserve it, ma'am.

(T-B., quick -- find even more jokes to post... correlation = causation... post even more jokes...)

[Gi Gi 46]

13 hours ago, DmytriiD said:

what's your receipt date ?

Mine is 2020

[justmarriedusciti 7]

4 hours ago, Tatsi0830 said:

I could be mistaken too, I just thought right away about this recent case   As I understood she travelled and re-entered the US using her student visa, while she already had 485 pending (and you need advanced parole for that). I could easily do the same mistake in the same circumstances 😕 so that's great people share the stories here!

 

On the one hand yes, but to get a waiver you need to qualify for one. If she makes enough and has savings, they will not except it, deny new 485 and send it back. This happened to me! I sent 360,485,765,131 with waivers in July. 360 was accepted, got all the rest back denied in September with waiver being denied. Had to refile everything in September again with a check and wasted over 2 months basically =\ 

In case with Ead it would be risky because to receive a new ead takes 4-11 months right now (based on uscis website. I can't believe they changed it to 11 months!! wild!).

Also if she doesn't link her current 485 and files a new one, and current 485 gets denied with a withdrawal of 130, her ead through that 485 will be recalled even before the expiration date. She might have a gap in her work and we all now that is not a nice situation to be in =\

 

If I was you, I would link 485 to 360 while it's pending, and file 360 as soon as you can. If 130 gets withdrawn and marriage based 485 denied, in the denial letter of 485 they will say that ead and advanced parole based on that petition are recalled and you must turn them in. To get initial ead through Vermont takes 4 to 11 months right now according to uscis website (I got mine this month in 5, ValeryK got hers in 7).

Everything will be fine though! Just get your papers together and file 360, and we are here to support

Thank you, I'll follow your advice

I am wondering what documents I should provide when filing I-360 so I don't get RFE? I have read here that they commonly send RFE for police certificates? I don't really care about RFE as long as I can keep on renewing my EAD while case is pending but I think it's better to provide things first rather than get RFE. 

[DmytriiD 186]

15 hours ago, sheima said:

Don’t worry yours will arrive soon: here’s my timeline 

july 11-2019 Uscis received my I-360 package 

july 23-2019 Uscis waived the filling fee

PD on receipt August 6-2019

sept 9-2019 Uscis sent me RFE for police clearance 

December 9-2019 Uscis received my RFE

after that silence 

Feburuary 24-2021 new card is been produced 

no prima fa.

 I can not believe I saw  this day.

Damn, so you got RFE on month 14th...I have not heard anything in my 22 months...does it mean anything ? is it good or no ? Lol

[Aadi135 68]

16 hours ago, Stillwinning!!!😊 said:

Just seeing this.. great thing you secured an appointment! Please feel free to take maximum advantage by asking all the questions you need closure on.. you can write them all down so you dont forget!  i131 is your advance parole.. I believe it doesnt need to be an emergency for it to be issued.. it's a benefit of i485 pending petition.. it is only expedited when there's an emergency backed by supporting documents!👍

@Stillwinning!!!😊  Thanks a lot for your help. I am devested.

 

Good things: I been to my appointment today. Was able to verify USCIS has my correct address, yay. and also agent was able to provide me case number of I-131. but thats it, 

 

May be bad:  I checked my I-131 status and it says "correspondence received, and case is being reviewed" not sure what they mean by that. 

 

bad or possibly worst thing: 

 

1. Agent told me USCIS sent me something for my I-360, in October 2020 which i never received. Later she said they sent me mail stating my case is in pending. I am not sure what kind of mail is that or why they sent it. 

 

2. I asked her if i missed my Bio, she said she cant see in system if we sent any bio, 

 

definitely worst thing: 3. Just today morning before my appointment my I-360 status updated to RFE issued. I did not checked my email before meeting so was not able to ask agent about it. I applied for I-360 in  May 2020, received GM RFE in same month, responded in June 2020, never heard back until now. 

 

I am really worried because i went insane requesting USCIS to update my address, sent two mail, congressmen and Senator request and not Info pass, i am not sure if i upset this agent who is handling my case. I have never seen anyone receiving two RFE's in less than 8 months apart. Specially when USCIS already slammed with lot of work and already posted delayed processing timing just two days back. I dont even have much proof's with me and not sure what they need within 7 months. I never received Bio, 

 

Please help if you guys have seen any similar these cases before. @sandranj  @ValeryK, @justmarriedusciti, @Ana FL  @Engineering-rocks also VAWA family, please help, I am really stressed right now. 

 

 

[FeDaniela 673]

33 minutes ago, Aadi135 said:

@Stillwinning!!!😊  Thanks a lot for your help. I am devested.

 

Good things: I been to my appointment today. Was able to verify USCIS has my correct address, yay. and also agent was able to provide me case number of I-131. but thats it, 

 

May be bad:  I checked my I-131 status and it says "correspondence received, and case is being reviewed" not sure what they mean by that. 

 

bad or possibly worst thing: 

 

1. Agent told me USCIS sent me something for my I-360, in October 2020 which i never received. Later she said they sent me mail stating my case is in pending. I am not sure what kind of mail is that or why they sent it. 

 

2. I asked her if i missed my Bio, she said she cant see in system if we sent any bio, 

 

definitely worst thing: 3. Just today morning before my appointment my I-360 status updated to RFE issued. I did not checked my email before meeting so was not able to ask agent about it. I applied for I-360 in  May 2020, received GM RFE in same month, responded in June 2020, never heard back until now. 

 

I am really worried because i went insane requesting USCIS to update my address, sent two mail, congressmen and Senator request and not Info pass, i am not sure if i upset this agent who is handling my case. I have never seen anyone receiving two RFE's in less than 8 months apart. Specially when USCIS already slammed with lot of work and already posted delayed processing timing just two days back. I dont even have much proof's with me and not sure what they need within 7 months. I never received Bio, 

 

Please help if you guys have seen any similar these cases before. @sandranj  @ValeryK, @justmarriedusciti, @Ana FL  @Engineering-rocks also VAWA family, please help, I am really stressed right now. 

 

 

Two RFE are not rare, USCIS issues Initial RFE right after they received your I-360 because you missed to sent a required evidence that must be include with I-360 when you filed one of them you mentioned was Good moral character, Another RFE is when your I-360 is being review by officer to determine approval, denial or to clarify any evidence you sent to make a final decision on your case. In my understanding this new RFE is need it to make the final decision on your I-360, be prepare to submit they request and your case can finalized with an approval after they received it. NO need to be stressed rather to focus on getting approve!!!

Edited February 25, 2021 by FeDaniela

[Mish20 36]

Hi, Family!!!

Hope everyone is warm and healthy😘

I have a dilemma and did not find anything useful online.

My AP is outside of normal processing times and EAD is months away according to their new estimate. Should I inquire about AP to nudge the case or I will risk just getting just the AP, not the combo card? Which form is corresponding to the combo card AD or EAD?

Some relevant details:

7/24/2020 Initial filing I-360, I-485, I-765 and I-131. VSC, local Philly

11/30/2020 Biometrics for I-465 and I-765 only. No mention of I-131 which is still at case received online.

1/13/2021 lawyer tried to expedite EAD/AP

2/11/2021 USCIS replied that the case will be processed as normal. I have a feeling that he did not include any evidence (I might be wrong) and it's not relevant any more so there is no need to fight with him or resubmit.

Don't want to poke the lion but it's been 7 months since filing and to think that I might need another 4 for the initial EAD is making me want to cry. Still, my case was pulled once in January and I don't want to make things worse.

Any advice is appreciated. Thanks!

[Aadi135 68]

19 minutes ago, FeDaniela said:

Two RFE are not rare, USCIS issues Initial RFE right after they received your I-360 because you missed to sent a required evidence that must be include with I-360 when you filed one of them you mentioned was Good moral character, Another RFE is when your I-360 is being review by officer to determine approval, denial or to clarify any evidence you sent to make a final decision on your case. In my understanding this new RFE is need it to make the final decision on your I-360, be prepare to submit they request and your case can finalized with an approval after they received it. NO need to be stressed rather to focus on getting approve!!!

@FeDaniela Thank you so much for your reply. You are no less than goddess right now for me. You are absolutely correct about first RFE. I clearly remembered i forgot to add police report with my Initial I-360 and mentioned that in list of documents (index) i sent to USCIS.

 

I am panic because i barely stayed for 4 months with my abusive wife. I literally ran at night when she was not home packing my stuff in trash bags. All i have is bank statements on our name, she even destroyed my documents, i was lucky enough my passport was in different bag and she didnt burned it. I dont have much to respond. I will post it here once i will receive my RFE in hand.

 

Thank you, god bless you and everyone helping in this group.

[Tatsi0830 23]

2 hours ago, justmarriedusciti said:

Thank you, I'll follow your advice

I am wondering what documents I should provide when filing I-360 so I don't get RFE? I have read here that they commonly send RFE for police certificates? I don't really care about RFE as long as I can keep on renewing my EAD while case is pending but I think it's better to provide things first rather than get RFE. 

Sure!

follow the main points that provided by uscis- https://www.uscis.gov/i-360Checklist . I had something for each of those and didn't get initial rfe (might get later though) and got my first Prima Facie in couple months. People get initial rfe for a good moral character quite often, so make sure to include local police clearance from all states and places you resided for the past 3 years, and maybe couple affidavits from friends stating that you are a good person. RFE is not a bad thing and it won't influence your pending 485, so no worries