VAWA, Part 23

[Gheorghexxx 30]

3 minutes ago, Ballerina said:

Nothing. Still only the fees are waived blah blah. 2PFs so far though, 1 for 1 year, 1 for 6 months

I am April 2018 just got approved no PF no answer till this moth  

[mazi 49]

3 hours ago, sandranj said:

Mazi you don't have to submit form I-864W ok.

now i am getting confused, this was in my request for evidence and it is requesting I submit the form. 

@sandranj @Stillwinning!!!😊@Demise . so i see one is 1864 and this is I-864W which is an exemption. i need t be sure. Thank you and sorry to bother you.

[balo101 666]

8 hours ago, Vale1 said:

4 months 😩 should I call uscis or how should I do to have infopass? 

You can make infopass if you have an emergency in your home country or in your family back home and your needs to be there immediately.

[PeaceLoveFreedom 23]

10 hours ago, sandranj said:

If you travel to get a  stamp of your H1B they will deny your H1B  because you have a pending VAWA. You are a potential immigrant and the Consulate should deny the visa to all potential immigrant.Listen to your attorney. If you get the H1B visa stamped you must enter using the H1B and not the advance parole.

The employers' attorney said that I should be able to get H1B stamped as it's a dual intent visa but I trust my attorney more than the employers'. The employers' attorney planned for me to get the H1B stamp from the consulate and then enter using the H1B and not the EAD/AP.

 

+1 to the following.

10 hours ago, shiva32 said:

Not sure if this makes sense, @Sandranj. Wouldn't that make it impossible for anyone with an approved employment based i140 or pending i485 to renew their H1B through consular processing? By your statement you are advising against traveling to get H1B consular processing while I360 is pending, correct? Would you be able to quote section of immigration law on which you base your opinion? Also, would the consular processing of H1B have a better chance of being approved in case of denial of i360?  I'm talking about i-360 denial where USCIS does not suspect any fraud, and there are no removal proceedings initiated. 

 

@Demise I do not want to travel at all due to COVID-19 but i thought consular processing is the only way to get the H1B for my case. But the employer also talked about doing something with the I-94 by issuing a new I-94 for the H1B but I didn't understand it, do you have any idea about it or if it can be done iny case. The H1B they filled for is a consular processing H1B via a consulate.

 

9 hours ago, Demise said:

H-1B is what's known as a dual intent visa. It's the one of the few visas where you are permitted to have immigrant intent at any point including during entry. In regards to the other part, unless you plan to travel I'd just renew it domestically and have USCIS issue you a new I-94 because it's less hassle and you only have to deal with 1 agency. Other than that, a denial of I-360 if there's no suspicion of fraud should not adversely affect you.

 

Apparently I-864W is a thing again and I was surprised myself. From I-485 instructions:

NOTE: VAWA-based applicants for adjustment of status are exempt from Affidavit of Support requirements; however, each applicant must include Form I-864W with the adjustment application.

 

[June1888 59]

On 9/5/2021 at 12:16 PM, Sk N said:

Did they interview you on april 2019? 

Yes, they did. It was supposed to be the interview for my I-130 case. When attorney and I got seated, attorney said to officer that I had a pending I-360 and officer said that he could not do anything until that case was decided on. "I no longer have jurisdiction on your case, since it is now a VAWA case". He said that case was going to be put on hold. Here's where my attorney FAILED to ask the officer what the next steps we should follow, so that my AOS case could be approved RIGTH AFTER the VAWA was approved. He would have engaged the officer and made him provide advice as to what to do. This would have saved me a year and a half of waiting before AOS was approved. 

[June1888 59]

On 9/4/2021 at 2:41 PM, June1888 said:

Folks! haven't told anyone yet and wanted you guys to know first hand. My AOS "Card is Now Being Produced":

 

Mar 2017 I131/I485 filed in Miami

Feb 2018 I360 filed in Vermont

Mar 2018 I360 RFE police report

Apr 2019 I131 interview in Miami, case on hold waiting for I360 approval

Nov 2019 I360 approved

Mar 2020 I485 interview canceled

Jul 2021 I693 courtesy letter received

Aug 14 2021 I submitted case outside of processing times with local office 

Aug 19 2021 Attorney's received letter asking for I693, photos, history of jobs and addresses

Sep 4 2021  Card is not being produced

 

I highly suggest to use the Case Outside of Processing Times online form if your case is delayed. They responded to my inquiry in 5 days and this triggered the card being produced. Maybe they did respond since my case was so delayed. Anyways, this time it worked!
 

Thanks SO MUCH FOR SO MUCH SUPPORT I received here. You guys helped me see the light when things were dark. 

Hello folks:

 

A little update on the card delivery times per my case status today:

 

September 10, 2021 Card Was Mailed To Me

September 9, 2021 The Post Office picked up mail containing your new card. (status has USPS tracking number, showing estimated delivery Monday Sept 13th)

September 7, 2021 We approved your Form I-485, Application to Register Permanent Residence or Adjust Status.

September 4, 2021 We ordered your new card.

[June1888 59]

Just now, June1888 said:

Hello folks:

 

A little update on the card delivery times per my case status today:

 

September 10, 2021 Card Was Mailed To Me

September 9, 2021 The Post Office picked up mail containing your new card. (status has USPS tracking number, showing estimated delivery Monday Sept 13th)

September 7, 2021 We approved your Form I-485, Application to Register Permanent Residence or Adjust Status.

September 4, 2021 We ordered your new card.

Folks:

 

In case this helps anyone out there with AOS being LATE, here's the text I entered in the online e-form for Case Outside of Processing Times. 4 days later, my attorney received letter from USICS asking for my medical exam and photos.

 

“Dear Officer: The last action on this case was in April 2019 when the interview took place in the Miami local office. My I-360 case (which was pending at the time of the interview) was later approved in November 2019 by the Vermont office. This I-485 case has remained the same and largely delayed if we look at its filing date of March 2017. I have provided all pending documents and awaited the normal processing times in both offices Vermont and Miami. I also understand the delays and nuances resulting from the Covid pandemic and have allowed for such as part of my waiting time. However, it’s been a year and a half since the second interview for this case was canceled. Also, a recent update on this case’s record has changed the original interview date from April 2019 to May 2020, which is not accurate. I kindly request for your consideration and for this interview to be scheduled. Thank you for your service and attention. “

 

 

[FeDaniela 673]

8 hours ago, mazi said:

now i am getting confused, this was in my request for evidence and it is requesting I submit the form. 

@sandranj @Stillwinning!!!😊@Demise . so i see one is 1864 and this is I-864W which is an exemption. i need t be sure. Thank you and sorry to bother you.

Is advise to submit what they are requesting you,  1. Updated I-693 form and also form I-864W. The new I-485 version covers all the basic for form I-864w this is why was no need to be submitted.  But it seems like lately does who submit old version of I-485  USCIS is requesting the from I-864W you not the only one, I have seen two more people in another forum with this dilemma. Please submit both they will make a final decision on your I-485 and mail you the green card. 

[quistarrok 51]

On 9/7/2021 at 6:42 PM, Demise said:

You have to either call in to schedule an appointment or apply via mail. If you apply via mail you have to send in the original green card and form SS-5 to your local SSA office. If your name changed you also have to send in an original of the name change document.

 

They'll return it within a week and your updated social security card should arrive within 2-3 weeks.

Thank you a lot. To confirm - I dont have “original green card”. Would you mean to send an old ss card and how hard is it to schedule an appointment? Do you trust mail delivery if decide to do mail instead of in person?

[FeDaniela 673]

Hello Friends I have a questions if anyone knows: 

I am divorced from my abuser, My Green card COA: IB6 (Self Petition spouse of Us citizens) I know I can apply for US Citizenship within 3 years... If I married now can I still apply for US Citizenship within the 3 years?? Or my new marriage will invalid this time and I have to wait 5 years to apply as an regular LPR ??  Thank you!! @sandranj 

[Demise 1,263]

1 minute ago, FeDaniela said:

Hello Friends I have a questions if anyone knows: 

I am divorced from my abuser, My Green card COA: IB6 (Self Petition spouse of Us citizens) I know I can apply for US Citizenship within 3 years... If I married now can I still apply for US Citizenship within the 3 years?? Or my new marriage will invalid this time and I have to wait 5 years to apply as an regular LPR ??  Thank you!! @sandranj 

INA 319(a) still applies. If you got your green card via any of the VAWA paths (I-360 self petition, I-751 abuse waiver, or VAWA cancellation of removal) you can naturalize in 3 years, regardless of your current marital status.

[Demise 1,263]

2 hours ago, PeaceLoveFreedom said:

@Demise I do not want to travel at all due to COVID-19 but i thought consular processing is the only way to get the H1B for my case. But the employer also talked about doing something with the I-94 by issuing a new I-94 for the H1B but I didn't understand it, do you have any idea about it or if it can be done iny case. The H1B they filled for is a consular processing H1B via a consulate.

What is your case exactly? Do you have an H-1B currently or any other non-immigrant status you can do a change of status from?

[Gheorghexxx 30]

Dear people! I have a question I applied 04/10/2018 for i360 and i485 and got approved for VAWA on September 7 2021, when will be considered priority date for i485 when I applied or got approved?

Edited September 10, 2021 by Gheorghexxx

[Demise 1,263]

7 minutes ago, Gheorghexxx said:

Dear people! I have a question I applied 04/10/2018 for i360 and i485 and got approved for VAWA on September 7 2021, when will be considered priority date for i485 when I applied or got approved?

Priority date for I-360 is either the day you filed it or the day the abusive spouse filed a prior I-130 on your behalf. Only petitions (I-130, I-140, I-360, and I-526) have a priority date.

 

That being said, currently in context of VAWA priority date is completely irrelevant. If your (ex-)spouse was a US citizen then it's charged to the Immediate Relative category which has no numerical limitations, meaning no backlogs. If your (ex-)spouse was a permanent resident then it's charged to F2A which is and has been current for years (no backlog).

 

If you are asking about the "resident since" date, which is what determines when you are eligible to naturalize, then it's the day the I-485 was approved.

Edited September 10, 2021 by Demise

[FeDaniela 673]

47 minutes ago, Demise said:

INA 319(a) still applies. If you got your green card via any of the VAWA paths (I-360 self petition, I-751 abuse waiver, or VAWA cancellation of removal) you can naturalize in 3 years, regardless of your current marital status.

Thank you!!! for you answer.