VAWA, Part 21

[Villanelle 4,122]

On 12/28/2020 at 8:24 PM, ponak98 said:

Thank you, @Villanelle. You are awesome.

 

You are right - it has been 2 months since approval. The approval was done without the interview. I got an RFE to mail my medicals which I did. In a week - the online status changed to "approved" and 2 weeks after I got the approval notice. Silence on the actual card since then.

 

I have been trying to set infopass appointment since Dec ~12th. I call them every other day and they keep saying I am still in the queue and that I should get a call back so that Tier 2 officer can finally set up an infopass appointment. They put me in non emergency queue though I told them that I need work authorization renewed asap.  

 

I did reach out to both senator and congressman on delayed green card. Senator submitted an inquiry and I am awaiting to see the response. He emailed me saying that the reply to me will be in oil school mail form. Congressman is slow in responding and I have never her back from them on any kind of action. My attorney seems to have also emailed to VSC as there is a special line for attorneys to reach out to VSC (as understood).

 

I hope to get the infopass appointment eventually. Do you fee that "attacking" the delay of green card from different angles as you see above is okay?

 

Separately - does employer have to notify me to present valid work authorization document or I have to present it by the time my current EAD expires in few weeks?

 

I am keeping an eye on online status. What is "use informed delivery from the post office to keep an eye on what to expect in your mail box" and how to set it up if you happen to know? All correspondence comes to my attorney's address.

 

  

Keep calling for an infopass. Unfortunately the phone center is being very inconsistent in how they are currently handling infopass requests. Some people are given appointments and others are denied even though they are asking for the same reason.   So keep at it until you get an agent who will schedule you the appointment. Also when they call back its typically from a blocked number or can show up on caller ID as 000-000-0000. You MUST answer when they call. They will only try to call you once, if you dont answer thats it, you are removed from the call back list and have to get back on it again. It can take them 1-3 days to call you back so you have to be ready to answer the phone at any time. 

 

Informed delivery is a service by the post office that you sign up for and they email you pictures of what mail you should be getting each day in your mail box. Its a nice thing to have in general but it wont help you to know whats going to be in your mailbox if the mail you are looking for is going to the attnys address. 

 

HR at your job are typically the ones responsible for verifying employees work auth status. If they havent asked you for an updated work auth document yet they will as soon as they realize they need it. Verifying your work auth is their responsibility not yours but you will have a problem if they ask for it and you dont have it. At this point in your immigration process you are an LPR. You dont have the card in hand but that doesnt matter. The card is not a status. Status is not a tangible object- the card is simply a tangible object representing your status. The 551 stamp at infopass is the same. So you either need them to mail you the physical card or obtain a 551 stamp. 

 

If you continue to struggle trying to get a stamp for work purposes you may want to consider a different approach. I would never suggest you lie about the reason you need a stamp but I am sure this whole thing is very stressful for you and you would benefit from a vacation right? A beach in Mexico sounds nice and to do so you need a 551 stamp so you could request one for upcoming travel purposes.  They may be more likely to approve an infopass for that.

[Villanelle 4,122]

3 minutes ago, Apolo said:

 processing t

 

Whenever they touch your case file they have to log something in the computer as to what they are doing. "Name was updated" is kind of a throwaway reason they often use because their computer system requires them to choose a reason for their internal logs. Someone could have been in your case because you inquired, or because an Officer was reviewing it to see if you could be scheduled for an interview (or approved w/o one). Theres no way to know who touched your file or why. It may just be that your file was moved from on Officers desk to anothers. If your 360 was approved middle 2019 it was most likely sent to the local office late 2019. That would mean you have currently been waiting 1 year so you should be hearing something very soon. You do not seem to know exactly when your case was transferred to the local office though. Again I would assume it was late 2019 but for sure you know it was there in June 2020, so the longest estimated time frame would be 13-17 months from then. 

[quistarrok 51]

3 minutes ago, Villanelle said:

Keep calling for an infopass. Unfortunately the phone center is being very inconsistent in how they are currently handling infopass requests. Some people are given appointments and others are denied even though they are asking for the same reason.   So keep at it until you get an agent who will schedule you the appointment. Also when they call back its typically from a blocked number or can show up on caller ID as 000-000-0000. You MUST answer when they call. They will only try to call you once, if you dont answer thats it, you are removed from the call back list and have to get back on it again. It can take them 1-3 days to call you back so you have to be ready to answer the phone at any time. 

 

Informed delivery is a service by the post office that you sign up for and they email you pictures of what mail you should be getting each day in your mail box. Its a nice thing to have in general but it wont help you to know whats going to be in your mailbox if the mail you are looking for is going to the attnys address. 

 

HR at your job are typically the ones responsible for verifying employees work auth status. If they havent asked you for an updated work auth document yet they will as soon as they realize they need it. Verifying your work auth is their responsibility not yours but you will have a problem if they ask for it and you dont have it. At this point in your immigration process you are an LPR. You dont have the card in hand but that doesnt matter. The card is not a status. Status is not a tangible object- the card is simply a tangible object representing your status. The 551 stamp at infopass is the same. So you either need them to mail you the physical card or obtain a 551 stamp. 

 

If you continue to struggle trying to get a stamp for work purposes you may want to consider a different approach. I would never suggest you lie about the reason you need a stamp but I am sure this whole thing is very stressful for you and you would benefit from a vacation right? A beach in Mexico sounds nice and to do so you need a 551 stamp so you could request one for upcoming travel purposes.  They may be more likely to approve an infopass for that.

Thank you for the tip @Villanelle. I do hope that all the friends on the forum will benefit from your advice. 

 

I do have to say that I have the c9 that will expire in a week. I also have c31 that I never used and it will not expire for 3 more months. Will using the following strategy be completely legal? 

 

1) present C31 to employer if they ask me and if I don't get InfoPass asap as a way to win some time. What makes me to hesitate to do it is whether c31 is still a good document to present? Technically both i360 and i485 are approved and I thought that c31 can be used only when i360 is approved and i485 is pending approval. Maybe I overthink here? My c9 renewal was denied just few weeks ago (assuming because i485 is approved)

2) if the card still not received by time c31 expires then present the stamp in passport assuming I will eventually get the InfoPass and get the stamp during the appointment. I have called USCIS every other day for the past 2 weeks. They keep saying I am in the line but no tier 2 officer calls me back. 

 

[Stillwinning!!!😊 4,570]

11 minutes ago, Apolo said:

@Villanelle you are amazing thank you for all your time and effort you put in this reply, And yes you are correct, my I-360 was approved in middle of 2019, and according to my congressman that made an inquiry in June on 2020 my I-485 was at the local office waiting to be scheduled for an interview. And just today i received the following update on my I-485 hope this is a good thing, even though i dont know what Name Was Updated means?   

Name Was Updated

On December 30, 2020, we updated your name for your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSC. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

 

Also when i look at the processing time this is what it shows me in my case, and according to my calculation right now im at my 14 month does that means that i may be close and all that worry is just not necessary?

I apologies for all the stupid question but my anxiety and fear and worry are sky rocketing for the past few years.  Once again im grateful to everyone on this forum and wish you a merry Christmas and a Happy New Year please everyone stay safe Get processing time

Processing time for Application to Register Permanent Residence or Adjust Status (I-485) at Baltimore MD

Estimated time range

13Months to 17

Months

 

Sometimes when an administrative action is taken on your case you get the 'name was updated' notification it's generic.. I believe they're actively working on your I-485! June 2020 is not that long ago..you be scheduled in good time! Blessings!😊👍

[Apolo 314]

5 minutes ago, Stillwinning!!!😊 said:

Sometimes when an administrative action is taken on your case you get the 'name was updated' notification it's generic.. I believe they're actively working on your I-485! June 2020 is not that long ago..you be scheduled in good time! Blessings!😊👍

@Stillwinning!!!😊 thank you dear for all your help and for your kind words you are blessing to everyone of us ❤️❤️❤️

9 minutes ago, Villanelle said:

Whenever they touch your case file they have to log something in the computer as to what they are doing. "Name was updated" is kind of a throwaway reason they often use because their computer system requires them to choose a reason for their internal logs. Someone could have been in your case because you inquired, or because an Officer was reviewing it to see if you could be scheduled for an interview (or approved w/o one). Theres no way to know who touched your file or why. It may just be that your file was moved from on Officers desk to anothers. If your 360 was approved middle 2019 it was most likely sent to the local office late 2019. That would mean you have currently been waiting 1 year so you should be hearing something very soon. You do not seem to know exactly when your case was transferred to the local office though. Again I would assume it was late 2019 but for sure you know it was there in June 2020, so the longest estimated time frame would be 13-17 months from then. 

@Villanelle you rock thank you for all your help have a blessed holidays 

[Angelmia 8]

Please can someone tell me how to go about this. My i485 interview is scheduled for next month Jan, but i want to switch to vawa. Is there  a way i can do this without filing for another i485,i will call have to reschedule, is it possible to maintain priority date. Please help me

[Stillwinning!!!😊 4,570]

1 minute ago, Angelmia said:

Please can someone tell me how to go about this. My i485 interview is scheduled for next month Jan, but i want to switch to vawa. Is there  a way i can do this without filing for another i485,i will call have to reschedule, is it possible to maintain priority date. Please help me

You will have to attend your interview and tell the officer that you intend to file I-360...they should give you about 30 days to tender proof of filing the petition and then you go ahead and file vawa if you haven't already done so! Like I said attend your interview and ask them to hold your I-485 in abeyance pending when your 'intending' vawa is adjudicated!👍 also you mentioned you want to 'switch' to vawa what does that mean? Have you been abused in any way? That's the only way you can 'switch' to vawa... it's not just a free for all option.. I believe you already know this anyway so you would have to read previous threads and gather evidences that will qualify you for this petition!👍

[LA213 3]

1 hour ago, Stillwinning!!!😊 said:

You will have to attend your interview and tell the officer that you intend to file I-360...they should give you about 30 days to tender proof of filing the petition and then you go ahead and file vawa if you haven't already done so! Like I said attend your interview and ask them to hold your I-485 in abeyance pending when your 'intending' vawa is adjudicated!👍 also you mentioned you want to 'switch' to vawa what does that mean? Have you been abused in any way? That's the only way you can 'switch' to vawa... it's not just a free for all option.. I believe you already know this anyway so you would have to read previous threads and gather evidences that will qualify you for this petition!👍

Hi Stillwinning, when you go to the interview with your spouse, how do you communicate you want to file the I-360 in front of them or do you pull the officer aside before you go in?  Can you possibly go about it by requesting for an infopass meeting and then telling the officer that you have an upcomig interview for AOS but would like to file I360?

[Sparkle✨ 372]

2020 has been anything but smooth! These 12 months have brought us to our knees in many many ways. But again, we are slowly but surely getting out of these dark times. With vaccines approved, there’s a glimmer of hope. And with a new administration coming in next year, we pray things get steady and our situation in this great nation changes for the better! 
Happy holidays my VJ family! 
special shout-out to the admins and super helpful folks here who keep this forum runnings smoothly. Cheers 🎊

[Stillwinning!!!😊 4,570]

14 minutes ago, LA213 said:

Hi Stillwinning, when you go to the interview with your spouse, how do you communicate you want to file the I-360 in front of them or do you pull the officer aside before you go in?  Can you possibly go about it by requesting for an infopass meeting and then telling the officer that you have an upcomig interview for AOS but would like to file I360?

If you attend the interview with your spouse it would be adjudicated based on marriage not on vawa... if you want to file vawa, you best go alone and ask the officer to hold your I-485 pending when your I-360 is approved. I really don't understand your situation if your spouse is going with you then it's a different situation... what are your challenges? Best communicate properly here so we know where and how to help.👍

[LA213 3]

1 minute ago, Stillwinning!!!😊 said:

If you attend the interview with your spouse it would be adjudicated based on marriage not on vawa... if you want to file vawa, you best go alone and ask the officer to hold your I-485 pending when your I-360 is approved. I really don't understand your situation if your spouse is going with you then it's a different situation... what are your challenges? Best communicate properly here so we know where and how to help.👍

Ok now i'm understnding your answer, you are saying go alone to the scheduled interview and tell them you are intending to file the vawa right? Or if a vawa is already filed , can you tell them that and ask them to use the priority date for the vawa?

[Stillwinning!!!😊 4,570]

1 minute ago, LA213 said:

Ok now i'm understnding your answer, you are saying go alone to the scheduled interview and tell them you are intending to file the vawa right? Or if a vawa is already filed , can you tell them that and ask them to use the priority date for the vawa?

Yes to the last part of your statement. Well if you go with your spouse to the interview the officer will assume it's a marriage-based case which actually it is..I mean if your spouse is willing to go with you and you guys actually go ahead and attend this interview it's going to be your I-485 Green Card interview and will be adjudicated as such! So it depends on you if everything is going fine and your spouse is willing to go with you to the interview why do you need to file vawa? it's kind of a weird situation.. is he abusive and yet still willing to go ahead and file for you? What's your true situation? go ahead and tell us don't be shy😏

[Sparkle✨ 372]

7 minutes ago, Stillwinning!!!😊 said:

Yes to the last part of your statement. Well if you go with your spouse to the interview the officer will assume it's a marriage-based case which actually it is..I mean if your spouse is willing to go with you and you guys actually go ahead and attend this interview it's going to be your I-485 Green Card interview and will be adjudicated as such! So it depends on you if everything is going fine and your spouse is willing to go with you to the interview why do you need to file vawa? it's kind of a weird situation.. is he abusive and yet still willing to go ahead and file for you? What's your true situation? go ahead and tell us don't be shy😏

Plus VAWA is supposed to be confidential and having your abusive spouse next to you during the interview with your intention to tell the IO that you no longer want the marriage based interview to proceed would be a very weird and uncomfortable situation. Basically you’re telling the IO that the guy seated next to you is a criminal while he’s listening to all that from you! It may create a difficult situation for you later on. 
I’d suggest getting an emergency info pass where you can go alone and tell them your intentions to file VAWA and hold the i485 in abeyance. Or go to the interview without your spouse like @Stillwinning!!!😊 mentioned. 
 

Edited December 30, 2020 by Strife

[LA213 3]

4 minutes ago, Stillwinning!!!😊 said:

Yes to the last part of your statement. Well if you go with your spouse to the interview the officer will assume it's a marriage-based case which actually it is..I mean if your spouse is willing to go with you and you guys actually go ahead and attend this interview it's going to be your I-485 Green Card interview and will be adjudicated as such! So it depends on you if everything is going fine and your spouse is willing to go with you to the interview why do you need to file vawa? it's kind of a weird situation.. is he abusive and yet still willing to go ahead and file for you? What's your true situation? go ahead and tell us don't be shy😏

Oh no I was misunderstanding your answer bec I didn't know you can go to the interview alone.

[Angelmia 8]

15 minutes ago, LA213 said:

Oh no I was misunderstanding your answer bec I didn't know you can go to the interview alone.

Yes he is abusive and still  willing to go to the interview. He is abusive and i reached out to the hotline. And they advised me to leave and file vawa. Although we have made up. Its really a confusing situation for me. Its always good times, then abusive and make up. We could just wake up that day and my husband would decide to leave me hanging. I never know what to expect any min from him. Its so hard to leave. I called a shelter sometime in March and they wont take me because of covid.