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Filed: AOS (apr) Country: India
Timeline
On 2/28/2022 at 4:09 PM, vawaguy said:

Hello everyone,
I need to ask a question regarding the naturalization of the derivative of a vawa applicant.
I recently become an US citizen as a main applicant in a vawa petition.It's taken a while but this part is done now.
My son (20 and 1/2 years old) interviewed with uscis today - he is the (only) derivative on my approved I-360 application.  In other words we both have been approved for residency on the same vawa approval.
The problem is he's been turned down by a seemingly inexperienced officer (who never seen a similar case before) while they say he as a derivative needs to wait until the 5 year term to apply for citizenship.
Does anybody has an idea how to document combat this as it seems completely wrong to me. I am planning to resubmit and I would like to include the clearest of the documents I could get.
Thanks so much for any ideas you may have!

Congratulations on success what documents you have submitted with your naturalization application and have you submitted the same online 

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Filed: AOS (apr) Country: India
Timeline
2 hours ago, Salyeen said:

What kinds of your evidence did you send if you don’t mind 

police clearance. 

statement from me and two of my friends who knew about the abuse

statement of my therapist. 

ex filed petitions for restraining order against me three times - I submitted court orders denying her petitions. 

submitted evidence of her facebook posts defaming me. 

 

please note that she used to hit me but i had no photos of injuries. i just said so in my statement.

Divorced US citizen spouse in December 2017. 

Filed I-360 on Nov 12, 2019

Filed I485/ C31 EAD / AP in Feb 2020 (Stupid lawyer filed C31 instead of C9, and I didnt know EAD codes, didnt know about this VJ forum either)

On H1b status since 2014, H1b 6 years expired in May 2020. Out of status / Period of authorized stay since then. 

Amended EAD petition to C9 and filed expedite request for same in mid-may 2020. 

C9 EAD approved June 4, 2020. 

Biometrics done in Oct 2020. 

I485 case transferred to NBC for "faster processing" on September 30, 2020

Filed C9 EAD / AP Renewal petition in February 2021. 

Initial Advance Parole (from Feb 2020 application) approved in June 2021. 

C31 EAD production update - Nov 1st, 2021. 

C31 card delivered to attorney's office on Nov 8, 2021. 

I-360 case approved status update - Nov 22, 2021. 

No RFE throughout.  

Senator's office confirmed via congressional inquiry that the St. Louis office has received the I485 file and is currently awaiting interview scheduling - March 7, 2022

C9 EAD renewal card production case update - July 20, 2022 (took them just 17 months to process)

C9 EAD / AP renewal approval case update on both cases on July 21, 2022.

Combo card delivered to attorney's office on July 27, 2022

Medical exam RFE Drama: Second congressional inquiry sent in early July 2022 for I485. USCIS responded on 8/12/22 to this congressional inquiry that they issued an RFE on 5/24/22 and were waiting for my response. My lawyer denied receiving RFE and there was no such update on online USCIS portal. Lawyer's old firm was safe mailing address on my case. Lawyer changed firms a year after I hired her but did not change mailing address for my case with USCIS, she said she had a deal with her old firm to forward all her clients' mail to her new firm. Old firm denied receiving RFE. Sent another congressional inquiry requesting copy of RFE on 8/17/22. I also got medical exam done on 8/17/22 as I assumed RFE was for medical exam (thanks for this forum's insights.) Yelled at lawyer and threatened her with dire consequences. On 8/18/22 my lawyer's old firm finally found scanned copy of RFE in their "archived scans" (whatever the duck that is) and emailed it to me. It was indeed RFE requesting medical exam. On 8/20/22 I mailed medicals sealed packet with copy of RFE to St. Louis field office. Also sent a notarized letter with the packet - updating safe mailing address to my home address and informing St. Louis field office that I fired my lawyer. Sent similar letter to Vermont Service Center on the same date. 

8/23/22 - Fedex confirmed delivery of medicals packet to St. Louis Field Office. 

8/26/22: Case update on I485: New Card Is Being Produced

8/29/22:  On August 29, 2022, we approved your Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS

9/3/22 green card delivered to attorney's office (they didn't change safe mailing address despite my written requests to FO AND VSC.) 

9/6/22 VSC returned AR11 and my letter requesting safe mailing address change. In their letter they said something to the effect of "you can do this online, we wont do it via snail mail request etc." Just posting as an FYI, its weird. Also received I485 approval notice on the same date. 

 

 

 

 

 

  

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22 minutes ago, shiva32 said:

police clearance. 

statement from me and two of my friends who knew about the abuse

statement of my therapist. 

ex filed petitions for restraining order against me three times - I submitted court orders denying her petitions. 

submitted evidence of her facebook posts defaming me. 

 

please note that she used to hit me but i had no photos of injuries. i just said so in my statement.

I do have statements and ice report when he  called them and have threats text and therapist and Psychologist as well what do I need more ? 

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Filed: AOS (apr) Country: India
Timeline
1 hour ago, Salyeen said:

I do have statements and ice report when he  called them and have threats text and therapist and Psychologist as well what do I need more ? 

Send what you have. Seems adequate. Your statement needs to flow in a reasonable order. When did the relationship start, how did it progress? When did abuse start? What did your partner do, and then what did you do? How did you suffer? Can you demonstrate "extreme cruelty (physical/mental/ financial)" in your statement or with other evidence or both? Are you still with them or separated? Make the statement consistent with the rest of the material, which is easy if one is telling the truth. Don't worry too much, you can send more later if you find something. Or they will send RFE if they need something clarified. But you need to tell them everything about the abuse that you can possibly remember, in your statement. 

Divorced US citizen spouse in December 2017. 

Filed I-360 on Nov 12, 2019

Filed I485/ C31 EAD / AP in Feb 2020 (Stupid lawyer filed C31 instead of C9, and I didnt know EAD codes, didnt know about this VJ forum either)

On H1b status since 2014, H1b 6 years expired in May 2020. Out of status / Period of authorized stay since then. 

Amended EAD petition to C9 and filed expedite request for same in mid-may 2020. 

C9 EAD approved June 4, 2020. 

Biometrics done in Oct 2020. 

I485 case transferred to NBC for "faster processing" on September 30, 2020

Filed C9 EAD / AP Renewal petition in February 2021. 

Initial Advance Parole (from Feb 2020 application) approved in June 2021. 

C31 EAD production update - Nov 1st, 2021. 

C31 card delivered to attorney's office on Nov 8, 2021. 

I-360 case approved status update - Nov 22, 2021. 

No RFE throughout.  

Senator's office confirmed via congressional inquiry that the St. Louis office has received the I485 file and is currently awaiting interview scheduling - March 7, 2022

C9 EAD renewal card production case update - July 20, 2022 (took them just 17 months to process)

C9 EAD / AP renewal approval case update on both cases on July 21, 2022.

Combo card delivered to attorney's office on July 27, 2022

Medical exam RFE Drama: Second congressional inquiry sent in early July 2022 for I485. USCIS responded on 8/12/22 to this congressional inquiry that they issued an RFE on 5/24/22 and were waiting for my response. My lawyer denied receiving RFE and there was no such update on online USCIS portal. Lawyer's old firm was safe mailing address on my case. Lawyer changed firms a year after I hired her but did not change mailing address for my case with USCIS, she said she had a deal with her old firm to forward all her clients' mail to her new firm. Old firm denied receiving RFE. Sent another congressional inquiry requesting copy of RFE on 8/17/22. I also got medical exam done on 8/17/22 as I assumed RFE was for medical exam (thanks for this forum's insights.) Yelled at lawyer and threatened her with dire consequences. On 8/18/22 my lawyer's old firm finally found scanned copy of RFE in their "archived scans" (whatever the duck that is) and emailed it to me. It was indeed RFE requesting medical exam. On 8/20/22 I mailed medicals sealed packet with copy of RFE to St. Louis field office. Also sent a notarized letter with the packet - updating safe mailing address to my home address and informing St. Louis field office that I fired my lawyer. Sent similar letter to Vermont Service Center on the same date. 

8/23/22 - Fedex confirmed delivery of medicals packet to St. Louis Field Office. 

8/26/22: Case update on I485: New Card Is Being Produced

8/29/22:  On August 29, 2022, we approved your Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS

9/3/22 green card delivered to attorney's office (they didn't change safe mailing address despite my written requests to FO AND VSC.) 

9/6/22 VSC returned AR11 and my letter requesting safe mailing address change. In their letter they said something to the effect of "you can do this online, we wont do it via snail mail request etc." Just posting as an FYI, its weird. Also received I485 approval notice on the same date. 

 

 

 

 

 

  

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13 hours ago, sandranj said:

The person can get married AFTER VAWA approval, but you can't sponsor your spouse for 5 years or until you become a U.S Citizen if the person is not a green card holder or U.S Citizen.

 

Yes you need to submit your  tax return when you apply for Citizenship.

Omg, this thing is terrible. It means we could not married with someone who does not live in the US legally for 5 years.

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47 minutes ago, Liam T said:

Omg, this thing is terrible. It means we could not married with someone who does not live in the US legally for 5 years.

You can get married. 

But you can't sponsored him or her to get green card.

You can only do that if you have clocked 5 years after your green card approval or after you have been granted citizenship after 3 years of your vawa green card approval. 

So,it's a matter of sponsoring your spouse to get green card using your vawa eligibility. 

Edited by Rhema1
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Filed: AOS (apr) Country: India
Timeline
49 minutes ago, balo101 said:

For i-360?

 

It is on average 4 to 6 weeks. 

 

This is correct for most cases posted here, but mine was a little quicker, about three weeks.  

Divorced US citizen spouse in December 2017. 

Filed I-360 on Nov 12, 2019

Filed I485/ C31 EAD / AP in Feb 2020 (Stupid lawyer filed C31 instead of C9, and I didnt know EAD codes, didnt know about this VJ forum either)

On H1b status since 2014, H1b 6 years expired in May 2020. Out of status / Period of authorized stay since then. 

Amended EAD petition to C9 and filed expedite request for same in mid-may 2020. 

C9 EAD approved June 4, 2020. 

Biometrics done in Oct 2020. 

I485 case transferred to NBC for "faster processing" on September 30, 2020

Filed C9 EAD / AP Renewal petition in February 2021. 

Initial Advance Parole (from Feb 2020 application) approved in June 2021. 

C31 EAD production update - Nov 1st, 2021. 

C31 card delivered to attorney's office on Nov 8, 2021. 

I-360 case approved status update - Nov 22, 2021. 

No RFE throughout.  

Senator's office confirmed via congressional inquiry that the St. Louis office has received the I485 file and is currently awaiting interview scheduling - March 7, 2022

C9 EAD renewal card production case update - July 20, 2022 (took them just 17 months to process)

C9 EAD / AP renewal approval case update on both cases on July 21, 2022.

Combo card delivered to attorney's office on July 27, 2022

Medical exam RFE Drama: Second congressional inquiry sent in early July 2022 for I485. USCIS responded on 8/12/22 to this congressional inquiry that they issued an RFE on 5/24/22 and were waiting for my response. My lawyer denied receiving RFE and there was no such update on online USCIS portal. Lawyer's old firm was safe mailing address on my case. Lawyer changed firms a year after I hired her but did not change mailing address for my case with USCIS, she said she had a deal with her old firm to forward all her clients' mail to her new firm. Old firm denied receiving RFE. Sent another congressional inquiry requesting copy of RFE on 8/17/22. I also got medical exam done on 8/17/22 as I assumed RFE was for medical exam (thanks for this forum's insights.) Yelled at lawyer and threatened her with dire consequences. On 8/18/22 my lawyer's old firm finally found scanned copy of RFE in their "archived scans" (whatever the duck that is) and emailed it to me. It was indeed RFE requesting medical exam. On 8/20/22 I mailed medicals sealed packet with copy of RFE to St. Louis field office. Also sent a notarized letter with the packet - updating safe mailing address to my home address and informing St. Louis field office that I fired my lawyer. Sent similar letter to Vermont Service Center on the same date. 

8/23/22 - Fedex confirmed delivery of medicals packet to St. Louis Field Office. 

8/26/22: Case update on I485: New Card Is Being Produced

8/29/22:  On August 29, 2022, we approved your Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS

9/3/22 green card delivered to attorney's office (they didn't change safe mailing address despite my written requests to FO AND VSC.) 

9/6/22 VSC returned AR11 and my letter requesting safe mailing address change. In their letter they said something to the effect of "you can do this online, we wont do it via snail mail request etc." Just posting as an FYI, its weird. Also received I485 approval notice on the same date. 

 

 

 

 

 

  

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Hello, everyone!

 

I have a question about employment while waiting for EAD renewal and was wondering if anyone could help me.

 

I'm a freelancer for a production agency, so some of my clients can take up to 90 days to pay me. I've stopped working right when my EAD expired but am still waiting for some payments. If they pay me while my EAD is expired, would that look like unauthorized work? I can't "get fired" or be put on a leave of absence since I'm a freelancer. 

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On 3/2/2022 at 4:16 PM, balo101 said:

Have your HR gave you any documents? have you present those to your congress/Senator? 

If you have not then i would say get a letter from your HR and try to expedite through your senator and also send a copy to Vermont. Reach out to ombudsman as well. 

I have sent my own letter from HR to Vermont in January, and now the same letter through senator. 

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31 minutes ago, nebula88 said:

Hello, everyone!

 

I have a question about employment while waiting for EAD renewal and was wondering if anyone could help me.

 

I'm a freelancer for a production agency, so some of my clients can take up to 90 days to pay me. I've stopped working right when my EAD expired but am still waiting for some payments. If they pay me while my EAD is expired, would that look like unauthorized work? I can't "get fired" or be put on a leave of absence since I'm a freelancer. 

i do not think that's an issue since the work was done while you EAD was valid. 

 

You did not work when your EAD is expired. you do not need to worry about anything. 

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42 minutes ago, nebula88 said:

Hello, everyone!

 

I have a question about employment while waiting for EAD renewal and was wondering if anyone could help me.

 

I'm a freelancer for a production agency, so some of my clients can take up to 90 days to pay me. I've stopped working right when my EAD expired but am still waiting for some payments. If they pay me while my EAD is expired, would that look like unauthorized work? I can't "get fired" or be put on a leave of absence since I'm a freelancer. 

I don't think so. 

The job was done when you were still having the authorisation to work. 

That's what matters!!!!!!!

So, you can still be receiving money for jobs done while you were authorized to. 

Edited by Rhema1
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