VAWA, Part 21

[Kely 70]

19 hours ago, coldplay919 said:

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.

You can remarry even tomorrow, since your VAWA was already approved. 

[sheima 510]

3 hours 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!👍

I agree with you 👍

[sheima 510]

4 hours 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! 😊

Stillwining  is right, just go to your interview to make sure you did everything right on your side.

[Vikidi 27]

3 hours 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 had such a situation in December. I filed all documents in Pennsylvania and in 1,5 years moved to Georgia. In December got the invitation for the interview in Pennsylvania and only for my son. I heard that possible we may not have the interview in the state where we don’t live anymore, I have read the story of one girl and it's probably you will don't have the interview there too and the officer will transfer your case to the state where you live now, but if you will not come to the interview the officer can deny your case, and after you have to apply for your I-485 again. I think it depends on the officer. I and my son were so lucky. The officer decided to take our interview in spite we live in another state now and we have got our green cards! I hope you will be lucky also. It's up to you what to do. I wrote my story. I wish you good luck and hope you get your green card soon! 

[Sandra G. 5,048]

21 hours 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! 😊

You attorney has to contact VAWA Unit. Your interview should be where you live or where your attorney has his/her office.

[Sandra G. 5,048]

On 1/10/2021 at 6:16 PM, 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! 

They will send your AOS automatically to VSC.As long your advance parole is valid yes you can still use ok.

[Sandra G. 5,048]

On 1/11/2021 at 12:15 AM, coldplay919 said:

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.

They will not cancel your I-360, but there are several points you should consider. Once your spouse sponsor you then your VAWA will not be valid anymore, if he will not sponsor you then you should have a good explanation why he will not sponsor you.  Your future  spouse must be a U.S Citizen or  he should have his GC at least  5 years. I hope you are not getting married to someone that you started dating less than 14/18months ago, it's a recipe for  disaster.

[Iceman1 106]

9 minutes ago, sandranj said:

You attorney has to contact VAWA Unit. Your interview should be where you live or where your attorney has his/her office.

Ohh that makes sense. My attorney is in Oklahoma and USCIS has attorney's address on file as well. 

[saraa88 31]

15 minutes ago, sandranj said:

They will send your AOS automatically to VSC.As long your advance parole is valid yes you can still use ok.

Ok, thank you very much! Also, should my i-485 receipt number update me on when it moves to NY office? It still has the update from when my marriage interview was scheduled, pre-vawa application. 

[Sandra G. 5,048]

On 1/11/2021 at 1:11 PM, 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

1-She is wrong.

2-She is wrong.

3-She is wrong.

4-She is right

5- She is wrong. USCIS is not obligated to send RFE, there is a USCIS memorandum about this.

 

Once the AOS is denied  the advance parole is null and void (automatically), but DHS can just  start removal proceedings  after 33 days of the denial. Are you sure she is an attorney?.

Edited January 12, 2021 by sandranj

[Stillwinning!!!😊 4,570]

11 minutes ago, Iceman1 said:

Ohh that makes sense. My attorney is in Oklahoma and USCIS has attorney's address on file as well. 

At the end of the day looks like you're gonna have to catch that flight I talked about earlier!💁😀

[Sandra G. 5,048]

21 hours 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!👍

It depends of the local office.We had here one guy from India that he  lived in Chicago  but he moved to LA, they set up his interview in  Chicago, I told him the chance to have the interview in Chicago was 1%, but he flew to Chicago, the officer said that he couldn't attend the interview there because he didn't live there anymore.

[Iceman1 106]

1 minute ago, Stillwinning!!!😊 said:

At the end of the day looks like you're gonna have to catch that flight I talked about earlier!💁😀

Haha! I'll just drive there it's only 3 hours away 😇. Hopefully, the offer is nice and approves me without any issues! The interview is next month so I'll be waiting anxiously! 😅

[Sandra G. 5,048]

On 1/10/2021 at 1:53 AM, Apolo said:

Thank you @Engineering-rocks I always think of the worst that may or may not happen and just because of what happen in the past and the bad exp. with my attorney thats why i always have that fear hope everything works out because if they decide to genie me or deport me i have nowhere else to go all the people that care about me are here. and maybe thats why he was putting all that fear in me my saying if i don't listen and do as he says i will suffer the consequences 

 

Thank you @Stillwinning!!!😊you are the kindness person i know and your words are always such a blessing and full with hope and positivity. The only concerns that i have is that citation that is taken care of and the issue with the wrong DOB on my marriage certificate and that i wont be able to fix it on time since the marriage bureau is closed until good knows when. The reason why i didn't know about is that when i run away from my ex he toke all our joint documents and my personal once and shredded to pieces. But i hope that the IO will understand. 

 

Thank you @sandranj you are such a blessing for the immigrant community. you are our beacon of light and hope. You should def consider to run for the secretary of DHS/USCIS so you can help all the people with their immigration issues. Thank you for everything you are a blessing and God Bless you 

I have one question is the deferred action permanent and what does it actually means when someone has a deferred action, i apologizes for the stupid question 

Thanks my dear.

 

Deferred action means that the USCIS decided to DEFER the removal of an individual,  if for some reason you  are placed in removal before the AOS then they will not remove you from the U.S until final decision of your AOS. The deferred action is valid for 15 months.

[Stillwinning!!!😊 4,570]

35 minutes ago, Iceman1 said:

Haha! I'll just drive there it's only 3 hours away 😇. Hopefully, the offer is nice and approves me without any issues! The interview is next month so I'll be waiting anxiously! 😅

Will be praying for you bro!🙏