VAWA, Part 23

[TBoneTX 44,787]

54 minutes ago, Vawa&U said:

What ?

Major factors leading to approval:

-- Faith in God

-- Support in this thread and from outside

-- the Weekly VAWA-Thread Joke (that is, if correlation = causation)

[BollyB 56]

1 hour ago, BlueTiger92 said:

Checked my I-360 today and guess what?!!

New Card Is Being Produced

Still can't believe it. Filed Oct 2019. 22 months. this is a journey of patience and I realize this is only one step closer.

Congratulations 🎊🎉 

[Demise 1,236]

7 hours ago, Countbyfive said:

1. I filed VAWA when I was married to a US citizen. I am filing VAWA to remove condition of 2 years of marriage from my temporary PR status. I later divorced a few months after filing VAWA. Attorney assured me divorce status does not affect VAWA petition.

2. I had already submitted a copy of my PRC with my VAWA petition so it is strange they are asking for it again.

3. I attached a PDF of what they are looking for in detail but this seems like an unusual requirement for a VAWA petition?

VAWA-request-evicence.pdf 40.91 kB · 19 downloads

1. They want your divorce decree because you likely ticked the box for "I entered marriage in good faith but it was terminated by divorce". They also want evidence that all the PRIOR marriages were properly terminated so you were free to marry each other. Now, you can overcome their bigamy on the VAWA claim, not on the normal I married and divorced claim.

2. Just send it.

Extreme hardship they want likely because you ticked the box "My removal from US would cause me extreme hardship" on the form. Either give them what they want, or give them an amended I-751 withdrawing that basis.

3. I don't think it's unusual. I think your lawyer ticked all 3 applicable boxes on the I-751: "I entered marriage in good faith but it was terminated by divorce", "I entered marriage in good faith but was subjected to battery or extreme cruelty (VAWA)", and "My removal from US would cause me extreme hardship". USCIS basically investigates each claim separately: Do you qualify for waiver A (divorce), waiver B (VAWA), and waiver C (extreme hardship).

 

In cases of multiple filings like this, they will likely summon you for an interview and you can just ask "Which of these can be approved" and withdraw the others.

Edited August 11, 2021 by Demise

[Pinkrlion 2,681]

10 hours ago, Countbyfive said:

1. I filed VAWA when I was married to a US citizen. I am filing VAWA to remove condition of 2 years of marriage from my temporary PR status. I later divorced a few months after filing VAWA. Attorney assured me divorce status does not affect VAWA petition.

2. I had already submitted a copy of my PRC with my VAWA petition so it is strange they are asking for it again.

3. I attached a PDF of what they are looking for in detail but this seems like an unusual requirement for a VAWA petition?

VAWA-request-evicence.pdf 40.91 kB · 21 downloads

you cannot file VAWA  I-360 to remove conditions.  You have to file extreme cruelty waiver I*751, they are not the same.  That is why you got RFE

[Pinkrlion 2,681]

9 hours ago, Countbyfive said:

You're right, I meant to say I filed I-751 with VAWA waiver. MY PRC was temporary and I had to reapply for a permanent PRC after 2 years of being in marriage. I'm sorry for confusing you and I hope this makes sense.

Then the RFE was correct and you need to submit the information

[Allrounder 57]

7 hours ago, MariaX said:

Congratulations. What date of October did you send 

Congratulations to you, God is an awesome God.

 

[MarSam701 175]

10 hours ago, BlueTiger92 said:

Checked my I-360 today and guess what?!!

New Card Is Being Produced

Still can't believe it. Filed Oct 2019. 22 months. this is a journey of patience and I realize this is only one step closer.

Congratulations 🇺🇸

[Countbyfive 0]

8 hours ago, Demise said:

1. They want your divorce decree because you likely ticked the box for "I entered marriage in good faith but it was terminated by divorce". They also want evidence that all the PRIOR marriages were properly terminated so you were free to marry each other. Now, you can overcome their bigamy on the VAWA claim, not on the normal I married and divorced claim.

2. Just send it.

Extreme hardship they want likely because you ticked the box "My removal from US would cause me extreme hardship" on the form. Either give them what they want, or give them an amended I-751 withdrawing that basis.

3. I don't think it's unusual. I think your lawyer ticked all 3 applicable boxes on the I-751: "I entered marriage in good faith but it was terminated by divorce", "I entered marriage in good faith but was subjected to battery or extreme cruelty (VAWA)", and "My removal from US would cause me extreme hardship". USCIS basically investigates each claim separately: Do you qualify for waiver A (divorce), waiver B (VAWA), and waiver C (extreme hardship).

 

In cases of multiple filings like this, they will likely summon you for an interview and you can just ask "Which of these can be approved" and withdraw the others.

Thanks for your response. I reviewed the copy of my file and only box 1.e was checked- "I entered the marriage in good faith, and, during the marriage, I was battered, or was the subject of extreme cruelty, by my U.S. citizen or lawful permanent resident spouse." I can of course send what they ask for but it seems like they are wanting more evidence than required for a case like mine.

[Demise 1,236]

3 minutes ago, Countbyfive said:

Thanks for your response. I reviewed the copy of my file and only box 1.e was checked- "I entered the marriage in good faith, and, during the marriage, I was battered, or was the subject of extreme cruelty, by my U.S. citizen or lawful permanent resident spouse." I can of course send what they ask for but it seems like they are wanting more evidence than required for a case like mine.

Yeah in this case, it looks like they screwed up.

[Weldonboy 45]

@Stillwinning!!!😊, @sandranj, and any other person who is able to advise accordingly, I need your help now than ever. The issues raised in my case was adequately addressed in my psychological evaluation. Specifically, psychological evaluation stated that admission or  statements which were not accurate reflection of the situation were symptoms exhibited in an abused victim. What do you guys think please. I have been on this case way too long. I can's afford to fail now. 

 

Edited August 11, 2021 by millefleur
Attachment containing personal info removed

[LizzW 13]

Hello everyone,

 

my 360 is pending and i received a notice for my 485 interview. I will go with my attorney and inform officer that i have 360 case pending.

 

My question is will i get another 485 interview after my 360 is approved? or i attend this one and will be be waived for another one after 360 is approved?

 

thank you!

[sheima 500]

17 hours ago, Countbyfive said:

Hi everyone,

 

I filed for VAWA back in May 2019 and yesterday I got an RFE asking for:

1. Proof of legal termination of marriage
2. Permanent resident card
3. Extreme hardship

My attorney says USCIS made an error because these aren't documents needed in a VAWA case. Does anyone have a similar experience to this? I'm excited that my case seems to be under review finally but I am nervous.

 

Thanks

(1) If you divorce and you have all the divorce documents why not send it.

 

(2) If you  previously have a GC send it, and if you don’t have it let them know you never had a GC.

 

(3) If they asked you to provide extreme hardship to support your case why not send it, even if Uscis made a mistake by asking you to provide this RFE don’t seat down  

it just delay your case, 

well I say send the RFE right away 😊

 

resubmit the documents again 

Edited August 11, 2021 by sheima

[sheima 500]

27 minutes ago, gaanar said:

Hello everyone,

 

my 360 is pending and i received a notice for my 485 interview. I will go with my attorney and inform officer that i have 360 case pending.

 

My question is will i get another 485 interview after my 360 is approved? or i attend this one and will be be waived for another one after 360 is approved?

 

thank you!

It depends on Uscis to make that decision because as you can see some of got our interview waived and some are going for interviewe twice  marriage based and VAWA based. Good luck 😊

[LizzW 13]

Just now, sheima said:

It depends on Uscis to make that decision because as you can see some of got our interview waived and some are going for interviewe twice  marriage based and VAWA based. Good luck 😊

thank you so much!

[HustlingStill 156]

40 minutes ago, gaanar said:

Hello everyone,

 

my 360 is pending and i received a notice for my 485 interview. I will go with my attorney and inform officer that i have 360 case pending.

 

My question is will i get another 485 interview after my 360 is approved? or i attend this one and will be be waived for another one after 360 is approved?

 

thank you!

When did you file for vawa? when is your interview?? 

 

I have same situation