Jump to content

2,947 posts in this topic

Recommended Posts

2 hours 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 so much for the detailed response. I really appreciate that. I thought it would be easy for me since i already have I-485 since 2017. 

Link to comment
Share on other sites

3 hours 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. 

I wish you best of luck. I hope it approves soon for you. 

Link to comment
Share on other sites

Just now, Loamy_IB said:

Hi my VJ team, @Villanelle

Pls does it matter if no PF to be approved? My I360 receipt date is October 2020 and no PF yet, no RFE till date and no workauthorization yet. Has anyone been approved without PF?

I never got PF and got approved in about 18 months.

1 hour ago, Sumar9909 said:

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!!!!

What did you send on the original package?

08/2017 - Married USC

09/2017 - Application for I-485, I-765, I-131

12/2017 - Approval  I-765, I-131

09/2018 Renewal application for I-765, I-131

04/2019 - I-485 interview scheduled 

04/2019 - I-485 denied, husband withdrew

05/2019 - Application for  I-360, I-485, I-765, I-131 

12/2019 EAD, AP approval

07/2020 EAD, AP renewal sent to Vermont

10/2020 EAD, AP Approval

11/2020 VAWA I-360 Approved (C31 produced)

01/2021 I-360 status changed to case approved

03/2021 - I-693 deficient notice from national benefit center

 

Link to comment
Share on other sites

Just now, Loamy_IB said:

Thanks for the swift response and I appreciate your input. I'm calm now. I was just curious when @Villanelle said PF means Vawa will be approve..

PF does not mean vawa will be approved. It means that at a first look you sent all the required documents. 

08/2017 - Married USC

09/2017 - Application for I-485, I-765, I-131

12/2017 - Approval  I-765, I-131

09/2018 Renewal application for I-765, I-131

04/2019 - I-485 interview scheduled 

04/2019 - I-485 denied, husband withdrew

05/2019 - Application for  I-360, I-485, I-765, I-131 

12/2019 EAD, AP approval

07/2020 EAD, AP renewal sent to Vermont

10/2020 EAD, AP Approval

11/2020 VAWA I-360 Approved (C31 produced)

01/2021 I-360 status changed to case approved

03/2021 - I-693 deficient notice from national benefit center

 

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Ukraine
Timeline
1 hour ago, ridimic1 said:

congratulations!!

 

please shrae your timeline

timeline was there
receipt date 24APR19
No RFE
3xPrimas and 3xEAD+AP while pending

Link to comment
Share on other sites

1 hour ago, Loamy_IB said:

Hi my VJ team, @Villanelle

Pls does it matter if no PF to be approved? My I360 receipt date is October 2020 and no PF yet, no RFE till date and no workauthorization yet. Has anyone been approved without PF?

Hi loamy I am also an October 2020 filer I only received my PF in January,my lawyer applied for C31 for ead,so I have not received any ead, I just emailed her to apply for C9 after reading through  the forum, hopefully I get my ead soon while waiting. 

Link to comment
Share on other sites

Filed: Other Country: Brazil
Timeline
22 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? 

You can file from abroad if you prove that you left the U.S fleeing abuse.

Link to comment
Share on other sites

Country: Bolivia
Timeline
4 hours 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 🗽🇺🇸

Link to comment
Share on other sites

3 hours ago, Zzz___1 said:

I have the same one.

1. What specifically did they mention/ had issues with?

2. What can you provide? Is there sth you don’t have? 

They had issues with proving that we resided together and that we got married in good faith. I'm in the process of writing a detailed aftadavit. I also asked close friends and families for aftadavit as well 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...