Starting over from i-130 to i-360

[2503north 0]

I am currently experiencing negative events in my life right now that are both emotionally draining and psychologically challenging. It is taking a toll in my health. In summary, I am the applicant and married to a USC spouse. Although we have been together for 10 years, we have only been married in the last 6 months. We filed I-130, I-485/I-131/I-765 in June 2021. I am in a same-sex relationship and is a victim of emotional abuse. This includes telling me what I can and cannot do (eg cannot watch TV, cannot drive a car, controlling the food that I eat) and threatening immigration action since I do not have status in the US). We used to live overseas for 9 years and moved to the US after marriage. No judgment please: If you are wondering why I have stayed in the relationship for 10 years and even agreed to get married 6 months ago, it is because of love and I can’t really explain why other than I fear for what will happen if I end it. The situation just became worst when we moved to the US as I do not have any family or friends here. They are all back home outside the US.

 

Question 1: If I file for I-360, what happens to the i-485/i-131/i-765 that is attached with i-130 that was filed in June? This will become void, correct?

Question 2: If I file for I-360, do I have to start over again and refile the i-485/i-131/i-765 concurrently? 

 

I would like to know if I should just continue to take the emotional abuse or if I have the option to running away and hiding. Please provide some advice.

 

Note: I tried to follow the VAWA thread that is now Part 23 the best I could but it was really hard to follow so I posted my own question.

[P0907 127]

First of all, no judgement, we all do things for love. 

 

2 hours ago, 2503north said:

I would like to know if I should just continue to take the emotional abuse or if I have the option to running away and hiding. Please provide some advice.

 

You are the most important person in your life. Taking abuse of any kind is never the solution. Please make sure you are taking care of yourself first and foremost. If you can, reach out and talk to your family and if possible consider speaking to a professional for their educated opinion.

 

 

I know you said it's rather difficult to follow but please consider sharing your story and asking your questions 1 and 2 in the VAWA thread as that may be where you get the best advice as people check that thread constantly:

 

 

Edited August 9, 2021 by P0907

[Demise 1,289]

On 8/8/2021 at 9:55 PM, 2503north said:

I am currently experiencing negative events in my life right now that are both emotionally draining and psychologically challenging. It is taking a toll in my health. In summary, I am the applicant and married to a USC spouse. Although we have been together for 10 years, we have only been married in the last 6 months. We filed I-130, I-485/I-131/I-765 in June 2021. I am in a same-sex relationship and is a victim of emotional abuse. This includes telling me what I can and cannot do (eg cannot watch TV, cannot drive a car, controlling the food that I eat) and threatening immigration action since I do not have status in the US). We used to live overseas for 9 years and moved to the US after marriage. No judgment please: If you are wondering why I have stayed in the relationship for 10 years and even agreed to get married 6 months ago, it is because of love and I can’t really explain why other than I fear for what will happen if I end it. The situation just became worst when we moved to the US as I do not have any family or friends here. They are all back home outside the US.

 

Question 1: If I file for I-360, what happens to the i-485/i-131/i-765 that is attached with i-130 that was filed in June? This will become void, correct?

Question 2: If I file for I-360, do I have to start over again and refile the i-485/i-131/i-765 concurrently? 

 

I would like to know if I should just continue to take the emotional abuse or if I have the option to running away and hiding. Please provide some advice.

 

Note: I tried to follow the VAWA thread that is now Part 23 the best I could but it was really hard to follow so I posted my own question.

1. You will write to the service center that has your I-485, include a copy of the I-360 receipt notice and request that they transfer your I-485 from the I-130 to the VAWA I-360. You will not have to re-pay or re-file, you can keep renewing your EADs as long as that first I-485 remains pending, which will be a while since the processing times for I-360 are about 26 months these days. If you expect a decision on your I-485 soon, you can also write to the service center handling the I-485 and request to hold it for 30 days because you intent on filing for VAWA, file VAWA, and then do what I already said.

2. See above.

Edited August 10, 2021 by Demise