VAWA, Part 22

[balo101 669]

4 hours ago, cashweed said:

Thanks for taking your time to reply. I appreciate. He only filed i-130 alone.

 

After the abuse I filed i-360.

 

Can he be called for interview for just i-130 alone?

no, 

people are called for interview for AOS which is form i-485. 

since you already filled VAWA, approval of i-130 is not gonna give you any advantage. 

[FeDaniela 673]

13 hours ago, DmytriiD said:

Well for I485 I am already outside of the date which is showing on USCIS website, so as I understand as soon as my case reaches local office I am like in front of the line !?
Will I get notification when case is sent to local office ? How soon does that normally happen after 360 approval ?

Actually your are not out of processing time, Remember I360 have it is own processing time and I -485 have also its own processing time, your I-360 was approved March 2021, it will be transfer to NBC and your time start now for I-485 depending on your local office processing time..... Example my I-360 was approved Dec. 2019, NYC I-485 processing time is between 14 months to 24 months I waited 17 months after I-360 approval,  I-485 approved on May 2021. Check local office processing time I heard Texas is moving faster. 

Edited June 8, 2021 by FeDaniela

[StanSmith 57]

2 hours ago, Stillwinning!!!😊 said:

Well if you’re taking the time to understand the comments you’ll find out that it’s not unusual at all..most people do not even get any updates up until GC approval! The system might not have updated your status to real time...that doesn’t mean it’s not progressing! Like I suggested earlier, you can contact your congressman..that way you’ll know the current status of your petition!😊👍

Thank you so so much for your time and response! For some reason(I’ve no idea why my attorney told me not to do that by myself) and she did inquiry on her own but still waiting for mail with answer,case history shows they answered like 2 weeks ago,let’s see how that goes🤗

[cashweed 22]

34 minutes ago, balo101 said:

no, 

people are called for interview for AOS which is form i-485. 

since you already filled VAWA, approval of i-130 is not gonna give you any advantage. 

Thanks for the explanation.  My concern is that I saw there was some form of action on the i-130 see the attached screenshot. All this while I had thought it should be replaced with my i- 360 even my abuser didn't withdraw it. I asked the question inorder to know what happens to i- 130 filled without i- 485 when someone files i- 360. Will uscis cancel it or will they process both. I wonder why my abuser never withdrew it. I dont know his motives but I have a feeling he plans something. Do you think its possible for me to request the uscis to withdraw it when I am not the Petitioner?. 

[balo101 669]

18 minutes ago, cashweed said:

Thanks for the explanation.  My concern is that I saw there was some form of action on the i-130 see the attached screenshot. All this while I had thought it should be replaced with my i- 360 even my abuser didn't withdraw it. I asked the question inorder to know what happens to i- 130 filled without i- 485 when someone files i- 360. Will uscis cancel it or will they process both. I wonder why my abuser never withdrew it. I dont know his motives but I have a feeling he plans something. Do you think its possible for me to request the uscis to withdraw it when I am not the Petitioner?. 

you can not withdrew form i-130 if you are a beneficiary. However, you do not need to worry about it. Even uscis process i-130, it will not move forward since your petitioner is not going to file any other paper work such as i-485. 

At this point your only focus is i-360. Once that approves you then file i-485. 

[FeDaniela 673]

6 minutes ago, cashweed said:

Thanks for the explanation.  My concern is that I saw there was some form of action on the i-130 see the attached screenshot. All this while I had thought it should be replaced with my i- 360 even my abuser didn't withdraw it. I asked the question inorder to know what happens to i- 130 filled without i- 485 when someone files i- 360. Will uscis cancel it or will they process both. I wonder why my abuser never withdrew it. I dont know his motives but I have a feeling he plans something. Do you think its possible for me to request the uscis to withdraw it when I am not the Petitioner?. 

I-360 does not replace I-130 (people used this term replaces) but what happens is once your I-360 Vawa USCIS transfer the priority date of the Form I-130 to the Form I-360, and uses form I-360 instead of form I-130 to prove a qualified relationship, good faith marriage, plus abuse claim evidence, Meaning you will not depend on I-130 filed by an abusive spouse to gain an immigration benefits. Do not worry Once you file I-360 this will be your Base to AOS, In my case my I-130it still show Approved is irrelevant once I-360 is filed. 

[GreenCardismine 11]

Hi,

 

Any September 2019 still waiting for I-360 approval?

[Evasn 36]

18 hours ago, Hbbazah said:

i just got this notice today from my lawyer. My vawa has been approved SEP2019. And i485 transferred to local office in Brooklyn NY. (Ofc my lawyer has no clue)

Usually people are asked to mail medicals or asked to bring it to the interview. 
Anyone knows why i have gotten a call in notice?

any additional info would be appreciated 

@Stillwinning!!!😊   @sandranj

Yes seems like they wave the interview .I noticed NYC does that a lot ... when did you apply for i360? I'm checking uscis processing time nyc and they are on january 2018 filers now, want to see how reliable their site is which I really praying ,I'm 2018 filer too 

[cashweed 22]

35 minutes ago, FeDaniela said:

I-360 does not replace I-130 (people used this term replaces) but what happens is once your I-360 Vawa USCIS transfer the priority date of the Form I-130 to the Form I-360, and uses form I-360 instead of form I-130 to prove a qualified relationship, good faith marriage, plus abuse claim evidence, Meaning you will not depend on I-130 filed by an abusive spouse to gain an immigration benefits. Do not worry Once you file I-360 this will be your Base to AOS, In my case my I-130it still show Approved is irrelevant once I-360 is filed. 

@FeDaniela thanks for the explanation. I appreciate.

[cashweed 22]

53 minutes ago, balo101 said:

you can not withdrew form i-130 if you are a beneficiary. However, you do not need to worry about it. Even uscis process i-130, it will not move forward since your petitioner is not going to file any other paper work such as i-485. 

At this point your only focus is i-360. Once that approves you then file i-485. 

@balo101 thanks for your explanation. I appreciate it.

[DmytriiD 186]

14 hours ago, Stillwinning!!!😊 said:

You may get notification..it’s not guaranteed. When your case gets to the local office, it joins the queue waiting for interview or straight approval! After i360 approval it can take anywhere from a few weeks to 3 months for the i485 to get transferred...sometimes it transfers earlier other times much later!😊👍

From what date should I count that few weeks - 3 months ? From "Card Being Produced" / Actual approval date of 24MARCH21 or from when my online status changed to Approved on May 29, 2021 ?
Asking because I am traveling internationally for starting 5 weeks next months...

[DmytriiD 186]

1 hour ago, FeDaniela said:

Actually your are not out of processing time, Remember I360 have it is own processing time and I -485 have also its own processing time, your I-360 was approved March 2021, it will be transfer to NBC and your time start now for I-485 depending on your local office processing time..... Example my I-360 was approved Dec. 2019, NYC I-485 processing time is between 14 months to 24 months I waited 17 months after I-360 approval,  I-485 approved on May 2021. Check local office processing time I heard Texas is moving faster. 

As per my Infopass attempt and other people in Houston who went same 360 route (where I currently live) local office in Houston goes by I485 application date (I applied in SEP2018). So as I understand as soon as my case reaches local office my case is already going to be older then the current date of applications they interviewing and that's why interview will be scheduled shortly after case arrival to local office.
Hoping that is true and I don't need to restart my 485 waiting time.

[FeDaniela 673]

27 minutes ago, DmytriiD said:

As per my Infopass attempt and other people in Houston who went same 360 route (where I currently live) local office in Houston goes by I485 application date (I applied in SEP2018). So as I understand as soon as my case reaches local office my case is already going to be older then the current date of applications they interviewing and that's why interview will be scheduled shortly after case arrival to local office.
Hoping that is true and I don't need to restart my 485 waiting time.

I don't think it works like that, I-485 will be process after the base of this petition which is I-360 is approved. Usually processing time starts once Vawa is approved and files arrives to NBC and it awaits for interview slot becomes available depending on the local office processing time, maybe more approved people can confirm this, I did have to wait I-485 processing time base on my local office after vawa approvals, others may wait less but it not a 1 or 2 months wait. 

Edited June 8, 2021 by FeDaniela

[Pinkrlion 2,724]

9 hours ago, cashweed said:

Hi everyone,

 

Does anyone have an idea what happens to form I-130?. When someone applies I-360?. If the 130 petition doesn't withdraw the petition then what Happens to the form 130?. I am still married to LPR and he has not withdrawn the 130. Will uscis approve both or convert it to 360?. 

Anyone with an idea of what happens kindly let me know.

 

If it is not withdrawn, it will still be processed.  It is a seperate petition than I-360 and you cannot combine the two.  

[Pinkrlion 2,724]

7 hours ago, cashweed said:

Thanks for taking your time to reply. I appreciate. He only filed i-130 alone.

 

After the abuse I filed i-360.

 

Can he be called for interview for just i-130 alone?

they can send him a notice for interview.  The I-130 is technically his petition, you are the benificiary.  If he does not show for the interview, then it will be denied.  Also, you will not know what he says at the interview if he does show up.