VAWA, Part 21

[Optimistic1986 146]

15 hours ago, shayona said:

Here is the timeline for my case;

 

10/05/2018    Application packet sent to USCIS consisting of I-360, I-485 and I-765

10/10/2018    USCIS received I-360, I-485 and I-765

12/04/2018   USCIS Requested for additional evidence for Form I-360.

01/03/2019   USCIS received documents requested for RFE

01/11/2019   Status been updated as Fees waived for I-485 and I-765

06/07/2019   USCIS issued EAD card (C-09) based on I-765 application.

04/10/2020   USCIS has updated I-360 case status as "New Card Is Being Produced" 

04/10/2020   USCIS has updated I-485 case status as "Case transferred to another office" 

08/17/2020  USCIS generated RFE for birth certificate 

09/15/2020  RFE answered to USCIS and received on 09/21/2020 by USCIS. 

01/08/2021 I-485 interview scheduled by USCIS on 19th Jan, 2021 at Boston field office  

 

 

Thanks hun! Congratulations 

[saraa88 31]

I just got my I-360 approved. Does this automatically send my i-485 to my local field office (NYC) or does my attorney have to file this again? What steps happen next?

 

Also, it says a new card is being produced (presumably EAD C31). I still have a valid combo card. Will I still be able to use the advance parole from this?

 

Thanks! 

[Engineering-rocks 212]

18 hours ago, Acoxy said:

Am  about to submit a new I-765 (C9) (my spouse is a USC. I have the following documents ready;

1. I-765 category C9 ( what is the correct category C(09) or C(9)

2. I-912 - fee waiver form ( I got a waiver for it the first time and it was noted on the I-485 receipt. 

3. copy of the receipt - I-485 Pending

please house, particularly members who filed recently, what are the other documents I need to submit with the above.

do I need passport photographs and also copy of ID?

You kind assistance is urgently needed. Please note that the first I- 765 (C31) was done by my attorney.  Since she has refused to file the one based on C9, I decided to do it myself. 

Thanks. 

 

Please look this info up on the USCIS official website, they have a checklist for your reference. It's C09.

https://www.uscis.gov/forms/filing-guidance/checklist-of-required-initial-evidence-for-form-i-765-for-informational-purposes-only

1 hour ago, saraa88 said:

I just got my I-360 approved. Does this automatically send my i-485 to my local field office (NYC) or does my attorney have to file this again? What steps happen next?

Also, it says a new card is being produced (presumably EAD C31). I still have a valid combo card. Will I still be able to use the advance parole from this?

Thanks! 

If you filed it together with VAWA then yes it means it will automatically transfer, no action needed. Now you will likely get a letter from NBC (unless your I485 is less than 2 yo then not necessarily I think) and then just wait for interview, NYC is 1-2.5 years wait. Yes you are able to still use your combo card.

[saraa88 31]

16 minutes ago, Engineering-rocks said:

Please look this info up on the USCIS official website, they have a checklist for your reference. It's C09.

https://www.uscis.gov/forms/filing-guidance/checklist-of-required-initial-evidence-for-form-i-765-for-informational-purposes-only

If you filed it together with VAWA then yes it means it will automatically transfer, no action needed. Now you will likely get a letter from NBC (unless your I485 is less than 2 yo then not necessarily I think) and then just wait for interview, NYC is 1-2.5 years wait. Yes you are able to still use your combo card.

Thanks you very much for this!

[sheima 509]

4 hours ago, saraa88 said:

I just got my I-360 approved. Does this automatically send my i-485 to my local field office (NYC) or does my attorney have to file this again? What steps happen next?

 

Also, it says a new card is being produced (presumably EAD C31). I still have a valid combo card. Will I still be able to use the advance parole from this?

 

Thanks! 

Congrats 

[coldplay919 1]

Hi Everyone! 

 

I had a couple of questions about my i-485 interview. I had my Vawa 360 petition approved last year Nov 2019. I am stilling waiting for my interview to be scheduled from Queen, NY which has the longest wait times of places. I have found some one recently and was planning on getting married in the next few months, Would marrying before adjustment of status raise any concerns in my 485 interview, or would it automatically cancel my approved 360? 

 

I know that marrying before i360 approval would make me ineligible for Vawa. Correct me if I am wrong.

[God is a good God 238]

On 1/9/2021 at 9:10 PM, sandranj said:

You need to attend therapy at least 5/7 sessions and have a psychological evaluation done. If you have a diagnose of depression and/or PTSD then you can prove abuse. I had several cases approved with zero commingling finances. Get police clearance from al places that you resided for more than 6 months in the past 3 years.When you have these documents ready let me know and I will help you  at no cost (I am an attorney), but I need to be convinced that you have a VAWA case tho. 

I feel so bad . I wish I knew you before taking this lawyer of mine. I don't trust her

[Angelmia 8]

On 1/4/2021 at 1:27 PM, sandranj said:

You just can keep the I-485 if your spouse doesn't withdraw the I-130/I-485.

Please how do i keep it? I am feeling sad. I have already planned to leave Tomorrow. When he goes to visit his son  . I just scrolled thru my phone and realised I do  not have enough pictures. My wedding pictures for eg my sister and her family was late.  The pictures with his mom in it are still in his phone. Our  wedding puctures are just those with me, him, our pastor and his cousin. Most of the pics are on his phone. Then i have pics we took on my daughter 2 year old cutting the cake,and one we took on my birthday in a restaurant, and a few other here and there

Then I have been able to get a copy of a car we own together. The insur with both of our names.i got a copy of his id with same address as on mine. He is a beneficiary on my life insurance.  Please I do not know if  these evidence are enough. I am jittery. This is such a tough move. I won't lie I am scared 

[Engineering-rocks 212]

1 hour ago, Angelmia said:

Please how do i keep it? I am feeling sad. I have already planned to leave Tomorrow. When he goes to visit his son  . I just scrolled thru my phone and realised I do  not have enough pictures. My wedding pictures for eg my sister and her family was late.  The pictures with his mom in it are still in his phone. Our  wedding puctures are just those with me, him, our pastor and his cousin. Most of the pics are on his phone. Then i have pics we took on my daughter 2 year old cutting the cake,and one we took on my birthday in a restaurant, and a few other here and there

Then I have been able to get a copy of a car we own together. The insur with both of our names.i got a copy of his id with same address as on mine. He is a beneficiary on my life insurance.  Please I do not know if  these evidence are enough. I am jittery. This is such a tough move. I won't lie I am scared 

Hey, I hope I'll be able to relieve your anxiety a bit - this definitely sounds like enough to prove good faith marriage. Include everything you wrote here and add some affidavits from friends/family saying they know you as a real couple (notarized).

[Vale1 93]

Hello Family! 

My VAWA is pending since November 2018 (26 months) and in pending security checks. 

 

Today I had a call with my lawyer about next steps and general questions. I want to share with all of you knowing that opinions might be different. 

1. She suggested to follow up via Senator in about 90 days and in her opinion pressuring too much may not be in my favor. ("rushing a decision")
2. We talked about processing time on I485 in general and also specific for Brooklyn. She said that when filling currently your processing time starts with the date of notice of action! So legally you can make an inquire for outside of normal processing time based on date of filling and not from VAWA approval. On USCIS website this is not extremely clear even if looks like she is right. I read here different opinion. I'm a little perplex about this. 
3. We talked about notice of deny. I asked her if it was true that USCIS can deny a petition without issuing a NOID or ask for RFE. She said that Trump administration tried and then got sued (and lost).  2018 Memorandum on NOID in USCIS website is "Suspended Content". So technically if they don't send a notice they are not complaint with law according with what she said. 
4. We talked about Biden and she believes in a lot of positive changes 
5. We talked about AP and travel: she said that most of immigrant fears are understandable but I should feel more confident since im not in removal, im not a criminal and not in asylum. She said that even if I would be denied 1) I have enough time to come back because AP is connected with I485 and it's rare that they denied in the exactly same day both and I would still have the right to receive and RFE that gives some room. 

 

Hope this can help and looking forward for some extra opinions and some good conversations. 

Just to let you know, I would contact the Senator right away if it wasn't for her recommendation. Despite her opinion, I won't travel especially during COVID-19

Edited January 11, 2021 by Vale1

[西苑二楼 125]

2 hours ago, Vale1 said:

Hello Family! 

My VAWA is pending since November 2018 (26 months) and in pending security checks. 

 

Today I had a call with my lawyer about next steps and general questions. I want to share with all of you knowing that opinions might be different. 

1. She suggested to follow up via Senator in about 90 days and in her opinion pressuring too much may not be in my favor. ("rushing a decision")
2. We talked about processing time on I485 in general and also specific for Brooklyn. She said that when filling currently your processing time starts with the date of notice of action! So legally you can make an inquire for outside of normal processing time based on date of filling and not from VAWA approval. On USCIS website this is not extremely clear even if looks like she is right. I read here different opinion. I'm a little perplex about this. 
3. We talked about notice of deny. I asked her if it was true that USCIS can deny a petition without issuing a NOID or ask for RFE. She said that Trump administration tried and then got sued (and lost).  2018 Memorandum on NOID in USCIS website is "Suspended Content". So technically if they don't send a notice they are not complaint with law according with what she said. 
4. We talked about Biden and she believes in a lot of positive changes 
5. We talked about AP and travel: she said that most of immigrant fears are understandable but I should feel more confident since im not in removal, im not a criminal and not in asylum. She said that even if I would be denied 1) I have enough time to come back because AP is connected with I485 and it's rare that they denied in the exactly same day both and I would still have the right to receive and RFE that gives some room. 

 

Hope this can help and looking forward for some extra opinions and some good conversations. 

Just to let you know, I would contact the Senator right away if it wasn't for her recommendation. Despite her opinion, I won't travel especially during COVID-19

Thanks for the sharing! 

[Iceman1 106]

Hi @Stillwinning!!!😊 @sandranj

 

I have a small issue😓. I received my interview notice today, but the issue is they scheduled my interview in Oklahoma which is my mailing address. My physical address is in Dallas, Texas. All the forms that were filed with USCIS has my physical address as the Texas address and mailing address as Oklahoma. My attorney is telling me Oklahoma field office will not have jurisdiction on my case. What can I do? Thanks for the advise in advance! 😊

[Stillwinning!!!😊 4,570]

7 minutes ago, Iceman1 said:

Hi @Stillwinning!!!😊 @sandranj

 

I have a small issue😓. I received my interview notice today, but the issue is they scheduled my interview in Oklahoma which is my mailing address. My physical address is in Dallas, Texas. All the forms that were filed with USCIS has my physical address as the Texas address and mailing address as Oklahoma. My attorney is telling me Oklahoma field office will not have jurisdiction on my case. What can I do? Thanks for the advise in advance! 😊

Hi I've seen a case like this before.. you just have to catch a flight and attend your interview! I believe someone here had a similar issue and had to catch a flight to her previous address to attend her interview! I'm saying this is not new.. you don't have anything to worry about here!👍

[Engineering-rocks 212]

23 minutes ago, Iceman1 said:

Hi @Stillwinning!!!😊 @sandranj

 

I have a small issue😓. I received my interview notice today, but the issue is they scheduled my interview in Oklahoma which is my mailing address. My physical address is in Dallas, Texas. All the forms that were filed with USCIS has my physical address as the Texas address and mailing address as Oklahoma. My attorney is telling me Oklahoma field office will not have jurisdiction on my case. What can I do? Thanks for the advise in advance! 😊

Yeah from what I remember the person who got their interview outside of the state they currently resided in went to the interview and the officer said they will have to mail the case to their actual field office. Do attend though, because if they mark you as no show they can deny your case.

[Iceman1 106]

30 minutes ago, Stillwinning!!!😊 said:

Hi I've seen a case like this before.. you just have to catch a flight and attend your interview! I believe someone here had a similar issue and had to catch a flight to her previous address to attend her interview! I'm saying this is not new.. you don't have anything to worry about here!👍

Sounds good thank you. 

21 minutes ago, Engineering-rocks said:

Yeah from what I remember the person who got their interview outside of the state they currently resided in went to the interview and the officer said they will have to mail the case to their actual field office. Do attend though, because if they mark you as no show they can deny your case.

Thanks for the info!