VAWA, Part 24

[shiva32 240]

7 hours ago, Demise said:

1. Either. There isn't a VAWA interview per se but you can still be called for an interview for the I-485. You can transfer a previously filed I-485 from an I-130 or I-129F to the VAWA I-360.

2. There's two options. The usual one is a C09 EAD due to a pending I-485. Alternatively you can check a box on the I-360 and they will issue you a C31 EAD upon I-360 approval. The first option is faster and takes about 6-8 months these days. If you already have a C09 EAD and you transfer I-485 to the I-360 that EAD will remain valid and you can keep renewing it.

3. Police reports, court documents, restraining orders, eyewitness testimonies, psychological evaluations, self-affidavit. I managed to get approved with my only evidence of abuse being a very grisly self-affidavit but this isn't recommended, I figured that I am boned either way so I'll just yolo it.

4. I-360 takes about 2 years, I-485 cannot be approved before then, I'd say probably like 3 years overall. The GC is 10 years.

5. Go and let the agent know that you plan to file VAWA, ask them to hold your I-485 for 30 days, file I-360, when you get a receipt notice mail a copy and a transfer request for the I-485 to your field office. They will transfer your I-485 to VSC.

6. It's a huge topic to be honest and I would recommend you getting a lawyer. This isn't something that can be DIYed generally.

7. 3 years

8. No. You can still be married or divorced for less than 2 years as of the day you file I-360. If more than 2 years passed you can still proceed via VAWA cancellation of removal but that's a whole another can of very angry worms. This does become somewhat relevant in some cases because if you file, divorce, 2 years pass, and you get denied you can't refile and can only really seek an appeal with the AAO. Only important thing is that you do not re-marry before the I-360 is pending and ideally not until you have your green card in hand.

This data is accurate and priceless. I wish I could have @Demise teach every immigration lawyer in the country about VAWA, without which they would not be allowed to practice immigration law.

[JerryVawa 7]

9 hours ago, Demise said:

1. Either. There isn't a VAWA interview per se but you can still be called for an interview for the I-485. You can transfer a previously filed I-485 from an I-130 or I-129F to the VAWA I-360.

2. There's two options. The usual one is a C09 EAD due to a pending I-485. Alternatively you can check a box on the I-360 and they will issue you a C31 EAD upon I-360 approval. The first option is faster and takes about 6-8 months these days. If you already have a C09 EAD and you transfer I-485 to the I-360 that EAD will remain valid and you can keep renewing it.

3. Police reports, court documents, restraining orders, eyewitness testimonies, psychological evaluations, self-affidavit. I managed to get approved with my only evidence of abuse being a very grisly self-affidavit but this isn't recommended, I figured that I am boned either way so I'll just yolo it.

4. I-360 takes about 2 years, I-485 cannot be approved before then, I'd say probably like 3 years overall. The GC is 10 years.

5. Go and let the agent know that you plan to file VAWA, ask them to hold your I-485 for 30 days, file I-360, when you get a receipt notice mail a copy and a transfer request for the I-485 to your field office. They will transfer your I-485 to VSC.

6. It's a huge topic to be honest and I would recommend you getting a lawyer. This isn't something that can be DIYed generally.

7. 3 years

8. No. You can still be married or divorced for less than 2 years as of the day you file I-360. If more than 2 years passed you can still proceed via VAWA cancellation of removal but that's a whole another can of very angry worms. This does become somewhat relevant in some cases because if you file, divorce, 2 years pass, and you get denied you can't refile and can only really seek an appeal with the AAO. Only important thing is that you do not re-marry before the I-360 is pending and ideally not until you have your green card in hand.

2. There's two options. The usual one is a C09 EAD due to a pending I-485. Alternatively you can check a box on the I-360 and they will issue you a C31 EAD upon I-360 approval. The first option is faster and takes about 6-8 months these days. If you already have a C09 EAD and you transfer I-485 to the I-360 that EAD will remain valid and you can keep renewing it

 

@Demise Just to expand on this - if you already have a valid C09 EAD that is based on pending I-485 on hand and you transfer your I-485 to a newly filed I-360, and you also check off the box on the I-360 for an EAD, you can keep using the C09 EAD and renew the EAD based on C09 even after your I-360 has been approved and they will not issue you a C31 EAD.

 

[Nick2020 47]

Hi VJ family I got an update on my i-485. " New Card is being produced".

 

Finally it is over after 3 years.

[Sandra G. 5,043]

On 12/14/2021 at 5:03 PM, Oldbrother said:

July 2020 never got one after approved

How do I ask for the service request ?

How to contact my congress Im in Boston 

https://www.house.gov/representatives/find-your-representative

[Sandra G. 5,043]

On 12/14/2021 at 4:43 PM, Account Deleted said:

I filed for i751 jointly with my Spouse but I might have to switch to a waiver and three attorneys told me that I should go for extreme cruelty.

You need first to attend therapy at east 5/7 questions and have a diagnose of depression andor PTSD, with the diagnose you can prove abuse,but it must an amazing psychological evaluation (9/15 pages)

[Sandra G. 5,043]

On 12/12/2021 at 2:19 AM, TBoneTX said:

It is already Sunday and therefore time for our Official Weekly VAWA-Thread Joke:

============================================
HEDGING A BET

 

A man was lying on his deathbed, waiting for his final moment to come.  He was totally calm, especially because a priest was there to administer the last rites and prepare him for his journey into the next life.

 

Wanting to ensure that the entire process was complete, the priest commanded the man, "Denounce the Devil!  You must let him know that you are opposed to his evil ways and show him that you think very, very little of it."

 

Unmoved by the priest's ardor, the man simply lay on his bed, stared into space, and said nothing.

 

The priest repeated, "Denounce the Devil now!  You don't have much time left, and you need to show him whose side you're on."

 

Once again, the man didn't react; it was as though the priest had said nothing at all.

 

The priest, now puzzled by the man's completely nonchalant attitude toward what he was saying, asked, "Why do you refuse to denounce the Devil and his evil?"

 

The dying man replied, "To be honest, Father, after the life that I've led, I'm not really sure where I'm going.  With that in mind, I don't think that I ought to be aggravating anybody, huh?"

 

Hahahahahaha.

[Sandra G. 5,043]

16 hours ago, Nick2020 said:

 

1-VAWA can be filed before or after AOS interview? Is there any VAWA interview?

- Yes you can file before AOS interview and you should, you can take to Interview ask them to hold I-485 for VAWA. after pandemic many of the VAWA applicants got their interview waived. 

 

2-  How & when you get EAD? Can be expedited?

- Currently about 12 to 18 Months, you can request expedited service under extreme hardship.

 

3- What documents or evidences we would need to apply? Police Report needed? How i can prove the torture/bad behaviour?

- You need to prove 3 things, Your spouse is USC or GC Holder, you were married under good faith, and you were abused.

- To prove good faith marriage you can use, Joint Lease , Bank or Credit card account, Insurance policy, affidavits from your neighbor, landlord, friends or relatives, as many pictures as possible, these are just the ideas but there are many documents that can help. Your personal Statement and your story will be very helpful.

- To Prove Abuse you can use Police report, Psychiatrist evaluation, affidavits for friends and family and your Personal affidavit.

 

4- how long it takes (if approved) to get GC? GC is for 2 years or 10 Years

- If spouse is USC then 10 Years, else 2 years. It takes between 2-4 Years.

 

5-If USC spouse don't attend the AOS interview; shall i still go ahead w/ interview? 

- Yes you should,

 

6- Any Post/Notes or link providing good VAWA info

- Just google it.

 

7- After VAWA approval, when citizenship can be applied?

- If spouse is USC and still married to Him or Her then 3 Years or 5 years.

 

8. Do we need to be Divorced while applying? How Divorce timing plays in the process?

- You should not file divorce as once you file divorce you can apply VAWA only within 2 years of Divorce, now if you VAWA is denied or  something goes wrong and you need to file again then you might run out of time, so it is best not to apply for divorce.

 

All this info are based on my personal experience and knowledge, and i might be wrong in some scenario, but this will give you a start, this forum has lost of information on VAWA and answer to every possible question you just need to go through the posts.

 

Good Luck.

Your information is wrong (questions 4,7,8 ). Please read the Vawa Law first if you want to provide information here about immigration.

[Zzz___1 141]

12 hours ago, Demise said:

Only important thing is that you do not re-marry before the I-360 is pending and ideally not until you have your green card in hand.

Demise, why so? 
My lawyer worked with multiple people who got married after approved VAWA and before the AOS interview/green card, and everything was good.

 

or is it just that situation when you can get “that one” IO who would question whether your previous marriage’s was indeed bonafide? 
 

please, let me know your thoughts, thanks! 

[shiva32 240]

1 hour ago, Zzz___1 said:

Demise, why so? 
My lawyer worked with multiple people who got married after approved VAWA and before the AOS interview/green card, and everything was good.

 

or is it just that situation when you can get “that one” IO who would question whether your previous marriage’s was indeed bonafide? 
 

please, let me know your thoughts, thanks! 

I asked @Demisea similar question, and your assumption of "that one" IO is correct. There is no law against marrying after VAWA I360 approval prior to approval of green card, but its a very good idea to wait to remarry until after GC is approved. 

[luminarc 218]

If your personal statement is too long, can it affect your case? I read on several sites, the shorter the better, but I have like 27 pages, telling my whole life story 

[Pinkrlion 2,713]

2 minutes ago, luminarc said:

If your personal statement is too long, can it affect your case? I read on several sites, the shorter the better, but I have like 27 pages, telling my whole life story 

I thought about it as if I was a worker, would I read 27 pages- Not likely.  You don't need your whole life story, you only need to tell from when you met your spouse until you left your spouse.  

[Stillwinning!!!😊 4,570]

10 minutes ago, luminarc said:

If your personal statement is too long, can it affect your case? I read on several sites, the shorter the better, but I have like 27 pages, telling my whole life story 

The key word is DETAIL! It is different from volume. People can write a lot of lengthy rubbish  or give closure in a nut shell. Whatever you write, make it very detailed. USCIS might read your 27 pages, but if they don’t get the detail they want, the case may not move forward. But if they get the detail or gist of your story in 10 pages, then there will be progress. That said, I hope your 27 pages pretty much gives the closure they seek!👍

[Demise 1,263]

2 hours ago, Zzz___1 said:

Demise, why so? 
My lawyer worked with multiple people who got married after approved VAWA and before the AOS interview/green card, and everything was good.

 

or is it just that situation when you can get “that one” IO who would question whether your previous marriage’s was indeed bonafide? 
 

please, let me know your thoughts, thanks! 

Pretty much.

5 hours ago, GeraldSG said:

2. There's two options. The usual one is a C09 EAD due to a pending I-485. Alternatively you can check a box on the I-360 and they will issue you a C31 EAD upon I-360 approval. The first option is faster and takes about 6-8 months these days. If you already have a C09 EAD and you transfer I-485 to the I-360 that EAD will remain valid and you can keep renewing it

 

@Demise Just to expand on this - if you already have a valid C09 EAD that is based on pending I-485 on hand and you transfer your I-485 to a newly filed I-360, and you also check off the box on the I-360 for an EAD, you can keep using the C09 EAD and renew the EAD based on C09 even after your I-360 has been approved and they will not issue you a C31 EAD.

 

Now technically nothing prevents you from having multiple concurrent EADs. However SandraNJ mentioned that USCIS doesn't really like to renew C09 EADs after they issued the C31 one while that's valid, so on the I-360 you should probably just check no.

[VolksWagon99 5]

On 12/15/2021 at 4:24 PM, Pinkrlion said:

Start reading VAWA treads 10-24.  You will learn alot

You mean VAWA, Part 10  to VAWA, Part 24 ?

[VolksWagon99 5]

2 hours ago, sandranj said:

Your information is wrong (questions 4,7,8 ). Please read the Vawa Law first if you want to provide information here about immigration.

Thanks Sandra! Can you pls let us know your thoughts on those Qs?

Edited December 16, 2021 by VolksWagon99