VAWA EAD was submitted and RFE was received

[Kaybee 0]

Hi VJ Fam,

 

So I did submit my VAWA Application and I received a Prima Facie, and AP. Only my EAD was sent back for RFE. It states that I didn't submit sufficient evidence. My previous EAD was approved based on marriage with my ex-wife. We are currently divorced and she withdrew the last i-485. I applied for a new i-485 and also got a receipt for that petition. My question now is, what evidences do I need to send back to USCIS in response to my RFE for EAD. Thanks

[Demise 1,289]

What does the I-765 RFE say?

[Kaybee 0]

On 12/28/2021 at 1:16 PM, Demise said:

What does the I-765 RFE say?

To be eligible for employment authorization issued under INA section 106, credible evidence must be submitted demonstrating that you:
Are the qualifying spouse who accompanied or followed to join a principal nonimmigrant admitted
under INA section 101 (a) 15(A). (EXili), (G), or (H); You must demonstrate that you:
• Are married to a qualifying principal nonimmigrant spouse; or
• Were married to a qualifying principal nonimmigrant spouse and
• The spouse died within two years of filing the EAD application;
• The spouse lost qualifying nonimmigrant status due to an incident of domestic
violence; or
• The marriage to the principal spouse was terminated within the two years prior to
filing for the INA section 106 employment authorization, and there is a connection
between the termination of the marriage and the battery or extreme cruelty. (See
AFM 21.14 (g)(2) for additional guidance);
• Was last admitted as a nonimmigrant under INA section 101 (a) (15)(A), (E)(ili), (G), or (H); Was battered or has been subjected to extreme cruelty perpetrated by the principal nonimmigrant spouse during the marriage and after admission as a nonimmigrant
under INA section 101(a)(15(A), (E(ili), (G), or (H); and
• Currently resides in the United States

Evidence submitted with your application indicates that you were paroled into the United States on August 20, 2021.

To be eligible for employment authorization under this section of the Immigration and
Nationality Act (INA) you must establish that you entered the United States as an
accompanying spouse of a nonimmigrant visa holder or as a spouse that is following to join a nonimmigrant visa holder.
Please submit any documentary evidence to establish that you were last admitted into the United States as the spouse of an A, E-3, G or H Nonimmigrant visa holder.

Evidence of Spouse's Nonimmigrant Status
USCIS is unable to determine the immigration status of (wife name). Evidence in the record indicates (wife name) was admitted to the United States on August 22, 2021 as a United States
Citizen. In order to be eligible for an Employment Authorization Document (EAD) under 8 CFR
274.al2(c)(27), the applicant must provide evidence that the spouse is in maintaining A, E-3, G, or H
Non-immigrant status. Therefore, please provide any evidence to support that _____ is
maintaining their status. Please submit a copy of:
1. The admission pages of _____'s passport showing their name and status.
2. Receipt number of _____'s application/petition granting A, E-3, G, or H
Non-immigrant status.

That is a summary of what's been mentioned in the letter. I did apply for both work authorization and advanced parole. The AP was granted and I even used it to travel and returned. However, the EAD came back with RFE for the second time now. Thanks for looking out.

Edited December 29, 2021 by TBoneTX
remove name

[TBoneTX 45,309]

The above post has been edited to remove a name from 3 places.

[Demise 1,289]

12 hours ago, Kaybee said:

To be eligible for employment authorization issued under INA section 106, credible evidence must be submitted demonstrating that you:
Are the qualifying spouse who accompanied or followed to join a principal nonimmigrant admitted
under INA section 101 (a) 15(A). (EXili), (G), or (H); You must demonstrate that you:
• Are married to a qualifying principal nonimmigrant spouse; or
• Were married to a qualifying principal nonimmigrant spouse and
• The spouse died within two years of filing the EAD application;
• The spouse lost qualifying nonimmigrant status due to an incident of domestic
violence; or
• The marriage to the principal spouse was terminated within the two years prior to
filing for the INA section 106 employment authorization, and there is a connection
between the termination of the marriage and the battery or extreme cruelty. (See
AFM 21.14 (g)(2) for additional guidance);
• Was last admitted as a nonimmigrant under INA section 101 (a) (15)(A), (E)(ili), (G), or (H); Was battered or has been subjected to extreme cruelty perpetrated by the principal nonimmigrant spouse during the marriage and after admission as a nonimmigrant
under INA section 101(a)(15(A), (E(ili), (G), or (H); and
• Currently resides in the United States

Evidence submitted with your application indicates that you were paroled into the United States on August 20, 2021.

To be eligible for employment authorization under this section of the Immigration and
Nationality Act (INA) you must establish that you entered the United States as an
accompanying spouse of a nonimmigrant visa holder or as a spouse that is following to join a nonimmigrant visa holder.
Please submit any documentary evidence to establish that you were last admitted into the United States as the spouse of an A, E-3, G or H Nonimmigrant visa holder.

Evidence of Spouse's Nonimmigrant Status
USCIS is unable to determine the immigration status of (wife name). Evidence in the record indicates (wife name) was admitted to the United States on August 22, 2021 as a United States
Citizen. In order to be eligible for an Employment Authorization Document (EAD) under 8 CFR
274.al2(c)(27), the applicant must provide evidence that the spouse is in maintaining A, E-3, G, or H
Non-immigrant status. Therefore, please provide any evidence to support that _____ is
maintaining their status. Please submit a copy of:
1. The admission pages of _____'s passport showing their name and status.
2. Receipt number of _____'s application/petition granting A, E-3, G, or H
Non-immigrant status.

That is a summary of what's been mentioned in the letter. I did apply for both work authorization and advanced parole. The AP was granted and I even used it to travel and returned. However, the EAD came back with RFE for the second time now. Thanks for looking out.

Okay this is weird. INA 106 pertains to a rarely used part of VAWA that lets the spouse of an abusive A, E-3, G, or H non-immigrant get a work permit and just a work permit.

 

Did you file an I-765 or I-765V?

 

If you filed an I-765V then you or your lawyer screwed up. Let this thing die and file I-765 under category code (c)(9)( ), include a copy of your I-485 receipt notice and copy front and back of prior EAD.

 

If you filed an I-765 then the government is stupid and you will respond to this that "Hey, I filled an I-765 under category code (c)(9)( ) since I am an applicant for adjustment of status under INA 245(a). This RFE is improper."

Edited December 30, 2021 by Demise

[Kaybee 0]

Hello Demise,

 

Thank you for your response. I initially filed the I-765 to renew my previous EAD while I was still married. But by the time USCIS responded, my spouse withdrew the application. So they requested RFE and I responded but nothing was said there after. I later on filed the I-765V as well and now they sent me another RFE as well. So the RFE I’m currently working on responding to is with respect to the I-765V.

So from your response, are you suggesting that I ignore the application in totality and file in a new I-765 or I can still respond to this RFE and get things fixed? Thanks 

Edited December 30, 2021 by Kaybee
Name

[Demise 1,289]

11 hours ago, Kaybee said:

Hello Demise,

 

Thank you for your response. I initially filed the I-765 to renew my previous EAD while I was still married. But by the time USCIS responded, my spouse withdrew the application. So they requested RFE and I responded but nothing was said there after. I later on filed the I-765V as well and now they sent me another RFE as well. So the RFE I’m currently working on responding to is with respect to the I-765V.

So from your response, are you suggesting that I ignore the application in totality and file in a new I-765 or I can still respond to this RFE and get things fixed? Thanks 

File a completely new I-765, or if the C09 I-765 is still pending contact your senator or congressman and have them inquire on your behalf regarding the hold up.

 

I-765V was the wrong thing to file in this case and there's no salvaging this one. You can let the response period expire and let them deny it, or write a letter that you filed the wrong form and wish to withdraw. There is literally nothing you can do about this RFE which would result in an approval.

Edited December 31, 2021 by Demise

[Kaybee 0]

Hi Demise,

 

Thank you for your suggestion. I think I'd just let it slide and wait for the i-360 approval. Hopefully by then I wouldn't need an EAD any more. I do appreciate

[Kaybee 0]

Hello Demise,

 

Thanks for your input on this case. Indeed the i765V was denied. Now the fear is that I hope this will not lead to the denial of the I-360? Also, is it still safe to travel with a valid advance parole in this instance without having any issues? Many thanks for your help.

[Demise 1,289]

On 4/11/2022 at 8:10 AM, Kaybee said:

Hello Demise,

 

Thanks for your input on this case. Indeed the i765V was denied. Now the fear is that I hope this will not lead to the denial of the I-360? Also, is it still safe to travel with a valid advance parole in this instance without having any issues? Many thanks for your help.

No, it won't be a factor. You accidentally caused an unrelated case to happen. What will happen is that whoever looks over your I-360 will end up scratching their head, look over what was submitted, and deduce that you filled out the wrong form while trying to renew. Worst case scenario they'll just RFE you to explain what happened.

 

AP is fine to use as long as the EAD its on is valid and as long as your I-485 is pending.

Edited April 13, 2022 by Demise

[Family 3,989]

On 12/30/2021 at 11:09 AM, Kaybee said:

Thank you for your response. I initially filed the I-765 to renew my previous EAD while I was still married. But by the time USCIS responded, my spouse withdrew the application. So they requested RFE and I responded but nothing was said there after. I later on filed the I-765V as well and now they sent me another RFE as well. So the RFE I’m currently working on responding to is with respect to the I-765V.

So from your response, are you suggesting that I ignore the application in totality and file in a new I-765 or I can still respond to this RFE and get things fixed? Thanks 

Edited December 30, 2021 by Kaybee

You can respond to the current RFE and try saying the category as submitted is an unintentional TYPO/ ERROR and the intended correct category is C 09 , send copy of pending I-485 . Worth the effort.

[Kaybee 0]

Hi Family,

 

Thank you for your advise. The EAD has been denied so I’d  just wait patiently for the I-360 approval. Really appreciate your response 

[Kaybee 0]

On 4/13/2022 at 6:34 PM, Demise said:

No, it won't be a factor. You accidentally caused an unrelated case to happen. What will happen is that whoever looks over your I-360 will end up scratching their head, look over what was submitted, and deduce that you filled out the wrong form while trying to renew. Worst case scenario they'll just RFE you to explain what happened.

 

AP is fine to use as long as the EAD its on is valid and as long as your I-485 is pending.

Hi Demise,

 

Thank as always, this puts a smile on my face 😊