VAWA, Part 23

[Demise 1,263]

26 minutes ago, Orangeland said:

Thank you! I saw BX6 is also self-petitioning for green card spouse and am confused. I got the BX6, am I got the wrong category?

F21/F26 is the same thing as FX1/FX6. B21/B26 is the same thing as BX1/BX6. The only difference between a 2 and an X is whether they visa number they gave you was subject to or exempt from the per country cap. The difference between 1 and 6 is whether you entered on an immigrant visa or adjusted status. So yeah, a spouse of an abusive LPR who adjusted status in US would get either B26 or BX6 depending which stack they pulled your visa number from.

 

tl;dr: No your category checks out.

Edited September 25, 2021 by Demise

[HustlingStill 156]

8 hours ago, Koi1 said:

Does this mean that they treat your i-360 as if it was submitted the date you had previously submitted your i-130? Because that would mean faster processing time. My I-130 priority date is 08/2018 and I submitted I-360 this year. I included my approved i130 letter, so will my i360 get the priority date of 08/2018?? 

@Demise can you also let us know about it too ?

[Demise 1,263]

Just now, Sk N said:

@Demise can you also let us know about it too ?

@Koi1

Yes, USCIS will apply the priority date of the previously submitted I-130 to the I-360. Though that's mostly irrelevant these days. If your abusive spouse was a US Citizen then you get charged into the immediate relative category which is exempt from numerical limitations, if your abusive spouse was an LPR then you get charged into F2A which is current, has been current for years, and will likely remain so in the future.

[HustlingStill 156]

3 minutes ago, Demise said:

@Koi1

Yes, USCIS will apply the priority date of the previously submitted I-130 to the I-360. Though that's mostly irrelevant these days. If your abusive spouse was a US Citizen then you get charged into the immediate relative category which is exempt from numerical limitations, if your abusive spouse was an LPR then you get charged into F2A which is current, has been current for years, and will likely remain so in the future.

so my my i30 was received in August 28 2020, and i applied vawa end of Sept 2020 and they received on OCT 9 2020 Which one should i count ?

[Demise 1,263]

Just now, Sk N said:

so my my i30 was received in August 28 2020, and i applied vawa end of Sept 2020 and they received on OCT 9 2020 Which one should i count ?

For purposes of visa backlog (if applicable): August 28, 2020

For purposes of processing the I-360, case inquiries, etc: October 9, 2020.

[HustlingStill 156]

Just now, Demise said:

For purposes of visa backlog (if applicable): August 28, 2020

For purposes of processing the I-360, case inquiries, etc: October 9, 2020.

but  how is that in approval letter they use i30 priority date, 

[Demise 1,263]

Just now, Sk N said:

but  how is that in approval letter they use i30 priority date, 

They just recapture the old priority date, and that's all they do with it. For processing the I-360 they go with when it was actually received so it's not like you can sit on an old I-130 for 5 years and file an I-360 that's way past due for a decision on the day it was received.

[HustlingStill 156]

2 minutes ago, Demise said:

They just recapture the old priority date, and that's all they do with it. For processing the I-360 they go with when it was actually received so it's not like you can sit on an old I-130 for 5 years and file an I-360 that's way past due for a decision on the day it was received.

that makes more sense, thank you

[Orangeland 3]

5 hours ago, Demise said:

F21/F26 is the same thing as FX1/FX6. B21/B26 is the same thing as BX1/BX6. The only difference between a 2 and an X is whether they visa number they gave you was subject to or exempt from the per country cap. The difference between 1 and 6 is whether you entered on an immigrant visa or adjusted status. So yeah, a spouse of an abusive LPR who adjusted status in US would get either B26 or BX6 depending which stack they pulled your visa number from.

 

tl;dr: No your category checks out.

Thank you so so much for clarification! Really appreciate 

[Pinkrlion 2,713]

On 9/24/2021 at 3:50 PM, natalysmile said:

Hello everyone
I received a request for additional evidence now.
September 2019, USCIS received My petition VAWA. I have 3 PF.
It's about good morale in my home country ... Although I already sent it to them earlier.

Send in a Russia police report

[Pinkrlion 2,713]

8 hours ago, SilverLining2 said:

Hi community!

My attorney told me the I-485 has been maintained from the previous petition (adjustment through spouse) following the Green card interview — to which we went together to explain the current situation. It seems the I-485 is still in abeyance, but my attorney told me that it could be “administratively closed” at any moment, and be reopened when the I-360 is adjudicated — meaning my EAD would be suspended during this period, or I would have to file a new I-485.

Has anyone been in this situation? Is there a real probability that it gets closed, whereas 4 months have already passed since the interview?

And has any of you heard about people being denied their vawa petition?

Thanks in advance

If your spouse is a US CItizen, then it will be held.  If your spouse if a GC Holder, then it will be closed until VAWA is approved.  YOur EAD will be terminated.  

[Pinkrlion 2,713]

5 hours ago, Sk N said:

so my my i30 was received in August 28 2020, and i applied vawa end of Sept 2020 and they received on OCT 9 2020 Which one should i count ?

You will see the I-130 receipt date on all of your paperwork.  However, that does not mean it is processed quicker.

[HustlingStill 156]

3 hours ago, Pinkrlion said:

You will see the I-130 receipt date on all of your paperwork.  However, that does not mean it is processed quicker.

Thank you so much !! 

[TBoneTX 45,079]

It is Sunday, and time for our approval- and good-news-evoking Official Weekly VAWA-Thread Joke:

===========================================

THE RIGHT GEAR FOR THE OCCASION

 

A rich blonde bought a new automatic Jaguar XKR Sport.

 

She drove the car perfectly well during the day, but at night, the car just wouldn't move at all.  After trying to drive the car at night for a week (but without any luck), she furiously called the Jaguar dealer, and they sent out a technician to meet her.

 

The technician examined the car and found nothing wrong with it.  He turned to the blonde and asked, "Ma'am, are you sure that you're using the right gears?"

 

Full of anger, the blonde replied, "How on earth you could ask such a question?!  I'm not stupid, you know!  Of COURSE I'm using the right gears -- D during the day and N at night!"

 

[natalysmile 75]

2 hours ago, TBoneTX said:

It is Sunday, and time for our approval- and good-news-evoking Official Weekly VAWA-Thread Joke:

===========================================

THE RIGHT GEAR FOR THE OCCASION

 

A rich blonde bought a new automatic Jaguar XKR Sport.

 

She drove the car perfectly well during the day, but at night, the car just wouldn't move at all.  After trying to drive the car at night for a week (but without any luck), she furiously called the Jaguar dealer, and they sent out a technician to meet her.

 

The technician examined the car and found nothing wrong with it.  He turned to the blonde and asked, "Ma'am, are you sure that you're using the right gears?"

 

Full of anger, the blonde replied, "How on earth you could ask such a question?!  I'm not stupid, you know!  Of COURSE I'm using the right gears -- D during the day and N at night!"

 

Good anecdote)))
In Russian, Day and Night also begin with the same letters of the alphabet. D, N)