VAWA, Part 22

[God is a good God 238]

On 3/26/2021 at 3:48 PM, fullofluck said:

Hi fam- How long does it usually take for USCIS to make a decision after they issue "Correspondence Was Received And USCIS Is Reviewing It"?  Thanks!!

My system also updated today that correspondence was received and uscis is reviewing it but i didn't send them anything. I don't know what's the meaning of that. Anybody knows?

[sheima 510]

14 hours ago, Rosa Garcia said:

Did you send any correspondence? I also received this message this month but I have never sent anything to them.

They are looking at your files, that’s why you got that message 

[balo101 669]

1 minute ago, Sk1992 said:

Mine was received on August 1,2019. Additional evidence were requested in October and they received it on December 23, 2019 after that complete silence. No prima facie and no EAD cuz my stupid lawyer did c31 and even after so many arguments she never agreed to file c09. So just waiting in dark

do you have pending i-485? if yes then why do not you send c09 by yourself. You do not need to wait for lawyer or vawa to be approved.

[TBoneTX 45,329]

5 hours ago, Apolo said:

is is bad that after a interview the status of the I-485 has changed to Interview completed case must be reviewed?

It means exactly what it says -- review is necessary.

Most times, the interviewing officer has to get the supervisor's signature.

Routine office protocol mixed with a little bureaucracy.  

[Sorrowhope 71]

23 hours ago, MariaX said:

How many times did you get the prima facie 

I got 2 times last one it’s gonna be expire n April 17. I’m also removal processing I had court on 15 April what a chance .

[saraa88 31]

Does anyone have any info on traveling with Advance Parole during covid/travel ban? It would be to Ireland which I believe falls under travel ban. I know US citizen/permanent resident spouses are exempt from ban. I am divorced but have a valid advance parole document and VAWA approved. Is this very risky to travel? Thanks!

[cashweed 22]

8 hours ago, balo101 said:

i am just wondering how the process works when you are outside of the USA.

Once your VAWA will get approved how you would attend your interview for i-485 or it will be conducted in your home country? 

i am just curious. did you send your VAWA application outside of USA? 

Well the violation happened in the USA and was reported to the police. I had all the proof needed and I did the therapist evaluation in US. I got an initial rfe for good moral character and good faith marriage which I send. After I received primafacie lasting for a year. I recently got my second one. The vawa package was send from outside USA. And I receive the prima facie outside the US.

I have a pending form 130. My ex has not yet withdrawn it. When vawa is approved I guess I will take it from there.. Am keeping the faith that I shall overcome. God's will shall be done.

[pindiboy 9]

10 hours ago, Sk1992 said:

Mine was received on August 1,2019. Additional evidence were requested in October and they received it on December 23, 2019 after that complete silence. No prima facie and no EAD cuz my stupid lawyer did c31 and even after so many arguments she never agreed to file c09. So just waiting in dark

its so hard to go through all this.hopefully we hear a good news soon.

[lolaB998 128]

Hi!

 

I had my I-485 interview two months ago and I haven't received any updates since then. I submitted a service request and wrote a letter to Vermont - no response. My congresswoman, senator and the ombudsman also reached out to USCIS a couple of weeks ago but received no response either. Do you know how long I have to wait before I can sue USCIS? I was wondering whether I have two wait 120 days after the interview or does it have to be longer? Thank you!

[Apolo 314]

9 hours ago, TBoneTX said:

It means exactly what it says -- review is necessary.

Most times, the interviewing officer has to get the supervisor's signature.

Routine office protocol mixed with a little bureaucracy.  

Thank you @TBoneTX i apologies for the stupid question it is just im worried that the IO wanna look for a reason for denial idk hope for the best prepare for the worst 😥🙏

 

[FeDaniela 673]

7 hours ago, saraa88 said:

Does anyone have any info on traveling with Advance Parole during covid/travel ban? It would be to Ireland which I believe falls under travel ban. I know US citizen/permanent resident spouses are exempt from ban. I am divorced but have a valid advance parole document and VAWA approved. Is this very risky to travel? Thanks!

I recommend you to wait. If the country is on the travel ban list, they may denied you to enter to USA. You don't  fall in the category of US citizen/permanent resident spouses since your are divorced already,  your reentering will only be consider base on your Advance parole which is not guarantee. 

16 minutes ago, lolaB998 said:

Hi!

 

I had my I-485 interview two months ago and I haven't received any updates since then. I submitted a service request and wrote a letter to Vermont - no response. My congresswoman, senator and the ombudsman also reached out to USCIS a couple of weeks ago but received no response either. Do you know how long I have to wait before I can sue USCIS? I was wondering whether I have two wait 120 days after the interview or does it have to be longer? Thank you!

This is normal procedures USICS may take the whole 120 days to make a decision. 

[balo101 669]

6 hours ago, cashweed said:

Well the violation happened in the USA and was reported to the police. I had all the proof needed and I did the therapist evaluation in US. I got an initial rfe for good moral character and good faith marriage which I send. After I received primafacie lasting for a year. I recently got my second one. The vawa package was send from outside USA. And I receive the prima facie outside the US.

I have a pending form 130. My ex has not yet withdrawn it. When vawa is approved I guess I will take it from there.. Am keeping the faith that I shall overcome. God's will shall be done.

Thanks for the response. i learned something new. I did not know USCIS sends prima facia outside of USA. 

did you file i-485? if not how would you file once your Vawa gets approved? did you leave the country with the AP or without AP?

 

sorry i am asking too many questions. i am thinking to move as well therefore i am seeking information how it would work once you are out of USA. 

[Villanelle 4,122]

1 hour ago, balo101 said:

Thanks for the response. i learned something new. I did not know USCIS sends prima facia outside of USA. 

did you file i-485? if not how would you file once your Vawa gets approved? did you leave the country with the AP or without AP?

 

sorry i am asking too many questions. i am thinking to move as well therefore i am seeking information how it would work once you are out of USA. 

The VAWA process from outside the US is similar to the visa process. For a marriage based GC if you are in the US you would file the 130 (the underlying form) and the 485 (to adjust status/get GC). If you are outside of the US you file the 130 and then do consular processing at the Embassy where you are interviewed and a visa is printed in your passport. When you enter the US with it you become an LPR and the plastic GC is then mailed to you. You can review the guides section at the top of the forums for a more detailed breakdown. For VAWA the underlying form is the 360 instead of the 130. The general process is the same. If in the US you fill out the 360-485 and do an interview at a local office - once approved the GC is mailed to you; overseas you file the 360 and once approved its sent to the Embassy where you interview and get a visa printed to enter the US and become an LPR upon entry.  There is no "AOS" for those overseas as they are not 'adjusting status' that is only done when you are in the US. Hope that all makes sense! They also do send prima facie to those overseas but the prima facie isnt really good for anything in those cases. In the US a prima facie notice can make you eligible for various welfare benefits and such, its not going to give you any benefits overseas but is still good to get. The prima facie basically means they are saying you generally appear to qualify for VAWA, they have to still go through your case in detail and as long as everything checks out OK you should be approved. Also if you do decide to temporarily move overseas while your VAWA is processing (and will return once its approved with the visa) be aware that you are most likely NOT going to be allowed back in as a tourist (B or ESTA) due to presumed immigrant intent. You will have to wait for it to be approved and the visa printed. You will also need to do a medical overseas and pay a variety of NVC fees at different points which needs to be paid using a US bank account (checking or savings) or US credit card. Some people overseas run into problems trying to do this if they dont have any US accounts so thats another thing to consider before making a decision like this. 

[balo101 669]

3 minutes ago, Villanelle said:

The VAWA process from outside the US is similar to the visa process. For a marriage based GC if you are in the US you would file the 130 (the underlying form) and the 485 (to adjust status/get GC). If you are outside of the US you file the 130 and then do consular processing at the Embassy where you are interviewed and a visa is printed in your passport. When you enter the US with it you become an LPR and the plastic GC is then mailed to you. You can review the guides section at the top of the forums for a more detailed breakdown. For VAWA the underlying form is the 360 instead of the 130. The general process is the same. If in the US you fill out the 360-485 and do an interview at a local office - once approved the GC is mailed to you; overseas you file the 360 and once approved its sent to the Embassy where you interview and get a visa printed to enter the US and become an LPR upon entry.  There is no "AOS" for those overseas as they are not 'adjusting status' that is only done when you are in the US. Hope that all makes sense! They also do send prima facie to those overseas but the prima facie isnt really good for anything in those cases. In the US a prima facie notice can make you eligible for various welfare benefits and such, its not going to give you any benefits overseas but is still good to get. The prima facie basically means they are saying you generally appear to qualify for VAWA, they have to still go through your case in detail and as long as everything checks out OK you should be approved. Also if you do decide to temporarily move overseas while your VAWA is processing (and will return once its approved with the visa) be aware that you are most likely NOT going to be allowed back in as a tourist (B or ESTA) due to presumed immigrant intent. You will have to wait for it to be approved and the visa printed. You will also need to do a medical overseas and pay a variety of NVC fees at different points which needs to be paid using a US bank account (checking or savings) or US credit card. Some people overseas run into problems trying to do this if they dont have any US accounts so thats another thing to consider before making a decision like this. 

Thank you so much Villanelle. It does make sense. I really appreciate that.

One more question. I have i-485 from my marriage is pending since 2017. Once my i-360 gets approved, will my local field office follow that priority date of 2017  or it would be start from my Vawa case?

 

[cashweed 22]

1 hour ago, balo101 said:

Thanks for the response. i learned something new. I did not know USCIS sends prima facia outside of USA. 

did you file i-485? if not how would you file once your Vawa gets approved? did you leave the country with the AP or without AP?

 

sorry i am asking too many questions. i am thinking to move as well therefore i am seeking information how it would work once you are out of USA. 

I didnt file for I-485. In my own understanding, after my vawa is approved it will be send to NVC and I will be  notified when visa is available and thereafter will have to go through a consular process to get a greencard. Therefore I won't have to adjust status like those inside the USA have to do. I left USA before I applied my vawa and I didn't file i-485 therefore the Ap doesn't apply in my case. I never overstayed any visa as well. I left by choice.

I haven't found any similar story similar of anyone who have succeeded with this before yet. Doesn't mean there isn't anyone though. I have faith and hope that all will go well but I wouldn't advice you to leave. Its better to wait out there. You don't want to abandone your I-485 if you don't have AP.  Maybe it's better to use AP to travel and return but don't leave because you Don't know the outcome of this. I have the prima facie but its useless because I can't use it outside the USA. But it's good to have it because it shows that my case is heading to the right direction but I also know that having one doesn't definitely mean that my case will be approved.  But I am hopeful. 

Edited March 30, 2021 by cashweed