VAWA, Part 22

[Villanelle 4,122]

Just now, balo101 said:

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?

 

Priority dates only matter if your spouse is not a USC. When your spouse is/was a USC visa numbers are always available. For those whose spouse is an LPR a visa number needs to be available for them to proceed with the 485. There are yearly numerical limits on those- depending on where you are from and there is a visa bulletin posted at travel.state.gov - I believe presently the visa bulletin shows the F2A category as current so even if you were subject to a priority date it would be current right now and your processing wont be delayed...

 

I think what you are trying to ask is does it help that your 485 was submitted and has been pending since 2017. It doesnt. Cases are processed in the order received. Yes, they did receive your 485 back in 2017. But its been frozen (held) while your VAWA is processed.  Once your 360 is approved VSC sends it to NBC. NBC does a preprocessing type check of your case, they check you have a valid medical and correct birth certificate, police clearances, etc. Basically that everything is in the file so that they can send it to your local office for an interview. They dont want to send incomplete cases to the local office where issues are discovered causing delays. Sometimes people get notices of this transfer from VSC to NBC and then again from NBC to the local office. Not everyone does though. You should allow 30-90 days from when VSC approves your 360 for them to send it to NBC. If you dont get any notification of the transfer you would use your congressman to inquire that the transfer did occur. Occasionally a case will slip through the cracks and is not transferred and the person is waiting for the next step which just never comes.  

 

So its 360 approval. VSC sends it to NBC. NBC checks it over. They may send you a notice about the medical or an RFE for birth certificate or anything else that may be missing to process your 485. Once NBC is satisfied its all there it is then sent to the local office for an interview. **this is about where you would start the imaginary clock again on how long you will wait** Your frozen/held 485 becomes "active" again and will be placed in line where its processed in order received. The previous time you waited doesnt count or move you ahead in the line. This usually means that the estimated processing times you may see in your USCIS account are inaccurate (as its a computer program and is using the initial filing date). It may also show you are 'outside of normal processing' and will allow you to put in service requests and such.  None of which would help you as its an inaccurate reflection of things. Some local offices have a very long wait for interviews. Again you want to start the clock based on when NBC says you are 'all set' as thats when you are placed back in the line. 

 

If your spouse was an LPR then NBC will check that your priority date is current and if it isnt they would hold it until it is. Otherwise priority dates are N/A and you should ignore the dates on the previously filed petitions as they dont place you in line based on them. 

[DmytriiD 186]

Hi VAWA Community,

I got a status update on my I360 today on 30MAR21 "New Card is Being Produced".

Receipt date is 24APR19.

Total 3 Prima Facie's and 3 EAD+AP Cards while pending.

[fullofluck 26]

12 minutes ago, Villanelle said:

Priority dates only matter if your spouse is not a USC. When your spouse is/was a USC visa numbers are always available. For those whose spouse is an LPR a visa number needs to be available for them to proceed with the 485. There are yearly numerical limits on those- depending on where you are from and there is a visa bulletin posted at travel.state.gov - I believe presently the visa bulletin shows the F2A category as current so even if you were subject to a priority date it would be current right now and your processing wont be delayed...

 

I think what you are trying to ask is does it help that your 485 was submitted and has been pending since 2017. It doesnt. Cases are processed in the order received. Yes, they did receive your 485 back in 2017. But its been frozen (held) while your VAWA is processed.  Once your 360 is approved VSC sends it to NBC. NBC does a preprocessing type check of your case, they check you have a valid medical and correct birth certificate, police clearances, etc. Basically that everything is in the file so that they can send it to your local office for an interview. They dont want to send incomplete cases to the local office where issues are discovered causing delays. Sometimes people get notices of this transfer from VSC to NBC and then again from NBC to the local office. Not everyone does though. You should allow 30-90 days from when VSC approves your 360 for them to send it to NBC. If you dont get any notification of the transfer you would use your congressman to inquire that the transfer did occur. Occasionally a case will slip through the cracks and is not transferred and the person is waiting for the next step which just never comes.  

 

So its 360 approval. VSC sends it to NBC. NBC checks it over. They may send you a notice about the medical or an RFE for birth certificate or anything else that may be missing to process your 485. Once NBC is satisfied its all there it is then sent to the local office for an interview. **this is about where you would start the imaginary clock again on how long you will wait** Your frozen/held 485 becomes "active" again and will be placed in line where its processed in order received. The previous time you waited doesnt count or move you ahead in the line. This usually means that the estimated processing times you may see in your USCIS account are inaccurate (as its a computer program and is using the initial filing date). It may also show you are 'outside of normal processing' and will allow you to put in service requests and such.  None of which would help you as its an inaccurate reflection of things. Some local offices have a very long wait for interviews. Again you want to start the clock based on when NBC says you are 'all set' as thats when you are placed back in the line. 

 

If your spouse was an LPR then NBC will check that your priority date is current and if it isnt they would hold it until it is. Otherwise priority dates are N/A and you should ignore the dates on the previously filed petitions as they dont place you in line based on them. 

Thank you for the detailed explanation. So if someone filed I360 and I485 at the same time and both are pending so far, can I go outside US to wait? Or Uscis will review it as I abandoned my case? Thank you! 

3 minutes ago, DmytriiD said:

Hi VAWA Community,

I got a status update on my I360 today on 30MAR21 "New Card is Being Produced".

Receipt date is 24APR19.

Total 3 Prima Facie's and 3 EAD+AP Cards while pending.

Congrats!!!!!!!!!!!!! 

[lolaB998 128]

6 minutes ago, DmytriiD said:

Hi VAWA Community,

I got a status update on my I360 today on 30MAR21 "New Card is Being Produced".

Receipt date is 24APR19.

Total 3 Prima Facie's and 3 EAD+AP Cards while pending.

Congrats!!

[Villanelle 4,122]

32 minutes ago, cashweed said:

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. 

@natalysmile is a current user doing VAWA from overseas. She is not fluent in English though and uses translator apps to read/post here so if you do attempt to connect with her please use simple language that can be translated easily- no slang  . There have been others who have successfully done VAWA from overseas but I can not think of any off the top of my head. I'm sure Sandra has posted before that the VAWA process from overseas is not only possible but is routinely approved. The 360 is adjudicated by Vermont. So just like the 485 interview the interview at the Embassy is a formality. They are not determining if you were abused or not or qualify for VAWA, that would have already been decided by VSC. They are simply doing the same as they would in the AOS interview- determining that you are eligible for the visa/GC (medical inadmissibility, criminal, etc). You can read through the guides at the top for a basic overview of the overseas process taking into account you are not using the 130 but instead the 360. travel.state.gov also has information about the NVC process and what you can expect. Your case will go to NVC after VSC approves the 360. The main issues people tend to have with NVC is being able to pay the fees using a US based account and sometimes getting stuck at NVC due to their system directing you to upload the 864 (which VAWA doesnt need) or instead asking for the 864W still which doesnt exist anymore.  NVC can be a difficult agency to communicate with. Hopefully you dont run into any issues dealing with them in the future but if you do there are plenty of knowledgeable people on VJ that can help you with that- just not on this thread. 

[jack182 24]

Hey ,

 

 

Did anyone receive a new EAD after filing an EAD renewal recently?

[FeDaniela 673]

28 minutes ago, jack182 said:

Hey ,

 

 

Did anyone receive a new EAD after filing an EAD renewal recently?

applied on October 2020 nothing yet. 

[cashweed 22]

37 minutes ago, Villanelle said:

@natalysmile is a current user doing VAWA from overseas. She is not fluent in English though and uses translator apps to read/post here so if you do attempt to connect with her please use simple language that can be translated easily- no slang  . There have been others who have successfully done VAWA from overseas but I can not think of any off the top of my head. I'm sure Sandra has posted before that the VAWA process from overseas is not only possible but is routinely approved. The 360 is adjudicated by Vermont. So just like the 485 interview the interview at the Embassy is a formality. They are not determining if you were abused or not or qualify for VAWA, that would have already been decided by VSC. They are simply doing the same as they would in the AOS interview- determining that you are eligible for the visa/GC (medical inadmissibility, criminal, etc). You can read through the guides at the top for a basic overview of the overseas process taking into account you are not using the 130 but instead the 360. travel.state.gov also has information about the NVC process and what you can expect. Your case will go to NVC after VSC approves the 360. The main issues people tend to have with NVC is being able to pay the fees using a US based account and sometimes getting stuck at NVC due to their system directing you to upload the 864 (which VAWA doesnt need) or instead asking for the 864W still which doesnt exist anymore.  NVC can be a difficult agency to communicate with. Hopefully you dont run into any issues dealing with them in the future but if you do there are plenty of knowledgeable people on VJ that can help you with that- just not on this thread. 

Thanks alot for the information.  I really appreciate it. And thanks for the positive info that there has been people who have successfully gone through this process from abroad.

[peacefulFor 34]

1 hour ago, jack182 said:

Hey ,

 

 

Did anyone receive a new EAD after filing an EAD renewal recently?

I applied my EAD renewal last November. I received the new card 2 weeks ago. 

[Sumar9909 81]

Hi everyone, 

I've received the rfe from uscis and they are asking for evidence of shared residence and of good faith marriage. I don't know where to start. Pls help!!!!

[ridimic1 36]

1 hour ago, DmytriiD said:

Hi VAWA Community,

I got a status update on my I360 today on 30MAR21 "New Card is Being Produced".

Receipt date is 24APR19.

Total 3 Prima Facie's and 3 EAD+AP Cards while pending.

congratulations!!

 

please shrae your timeline

[jack182 24]

1 hour ago, FeDaniela said:

applied on October 2020 nothing yet. 

I applied in September 2020 😞

[jack182 24]

48 minutes ago, peacefulFor said:

I applied my EAD renewal last November. I received the new card 2 weeks ago. 

Waouw lucky you !!

[Bshine 24]

On 3/28/2021 at 11:24 AM, Ocean23 said:

Hi everyone! 
I have applied for VAWA in March of 2020 (376 days ago) and so far, nothing. No RFE since the prima facie. I submitted a proof of good faith, letters from friends along with the application. Should I be worried? 
 

I have also received my combo card back in September and I am very grateful to be able to work legally. However, I am still stressed. 

Hi ocean23 was your combo card C9 or c31?

[Ocean23 14]

7 minutes ago, Bshine said:

Hi ocean23 was your combo card C9 or c31?

It is C9p