VAWA - After 4 years of divorce

[Rocio0010 5,579]

28 minutes ago, VolksWagon99 said:

basic requirement of filing within 2 yrs of divorce? 

You’re saying it. It’s a basic requirement, which he didn’t fulfill….

[VolksWagon99 5]

26 minutes ago, Boiler said:

Can he file yes

 

Will he be approved no

Thats what i thought. Will he be able to get EAD then?

 

 

16 minutes ago, Rocio0010 said:

So then he did have an interview?

you’re not being clear.

It sounds as if CIS did not delay the Interview. Rather, they might be trying to take away his GC.

Please be clear in your posts.

As i mentioned... Had AOS interview - got denied - filed & won BIA appeal - BIA remanded back to USCIS ( divorced by then)- USCIS sat on it for next 5 years & did nothing - Then sent Interview notice but by then they were divorced - he filed vawa

 

hope i was clearer this time  

 

 

 

12 minutes ago, Rocio0010 said:

You’re saying it. It’s a basic requirement, which he didn’t fulfill….

Right, thats the question too. Pls look at other factors of interview notice coming now based on his old AOS filing

 

I know its bit complex. Inputs from @SandraNJ  and @Demise  will be appreciated 

Edited January 14, 2022 by VolksWagon99

[Rocio0010 5,579]

2 minutes ago, VolksWagon99 said:

he filed vawa

Well, not very clear…. You’re asking if he can file for VAWA, but you’re also saying he filed for VAWA….

like I said, USCIS might very well want a second interview and try to take away his gc. I would not attend said interview without attorney.

[Boiler 45,294]

On what basis does he expect to get EAD?

[Rocio0010 5,579]

7 minutes ago, VolksWagon99 said:

Thats what i thought. Will he be able to get EAD then?

Yes and no. EAD approval Is contingent of an underlying application. He might get it, but as soon as his case is denied, his EAD will be void.

Just now, Boiler said:

On what basis does he expect to get EAD?

I’m guessing on the basis of an underlying VAWA application. He might get VAWA for some time, but as soon as VAWA is denied, EAD will be void.

[VolksWagon99 5]

1 hour ago, Rocio0010 said:

Yes and no. EAD approval Is contingent of an underlying application. He might get it, but as soon as his case is denied, his EAD will be void.

I’m guessing on the basis of an underlying VAWA application. He might get VAWA for some time, but as soon as VAWA is denied, EAD will be void.

Makes sense

[VolksWagon99 5]

1 hour ago, Rocio0010 said:

Well, not very clear…. You’re asking if he can file for VAWA, but you’re also saying he filed for VAWA….

He filed but I am questioning his eligibility or not

 

 

1 hour ago, Rocio0010 said:

like I said, USCIS might very well want a second interview and try to take away his gc. I would not attend said interview without attorney.

He has no basis to attend the interview (other than moving case to vawa), as he is divorced now

Edited January 14, 2022 by VolksWagon99

[belinda63 3,031]

It sounds like he never got a green card as his AOS was denied. Then BIA reversed the denial but he never got a green card. So he has been here for five years with "pending status" .

Long and short of it his VAWA will be denied as he has been divorced more than two years. The excuse of "I was waiting for my AOS interview" which he knew he would be denied at because he is no longer married won't float. 

[Rocio0010 5,579]

47 minutes ago, VolksWagon99 said:

He filed but I am questioning his eligibility or not

 

 

He has no basis to attend the interview (other than moving case to vawa), as he is divorced now

It’s not on him to decide if he has a basis to attend the interview. There is a reason why they called him for an interview.

[SalishSea 17,736]

Seems like VAWA is being misused as an overall last-ditch attempt for people to get green cards, even when there is no basis.  Certainly does a disservice to legitimate VAWA applicants.

[Rocio0010 5,579]

2 minutes ago, Jorgedig said:

Certainly does a disservice to legitimate VAWA applicants.

And also to people that try to obtain a green card in an honest way.

[Boiler 45,294]

Wonder why he did not file with a divorce waiver, or did I miss that.

[Rocio0010 5,579]

4 minutes ago, Boiler said:

Wonder why he did not file with a divorce waiver, or did I miss that.

Because there is no such thing as a divorce waiver with a denied/ pending AOS. He knew with the divorce waiver he was going to get denied. Now, almost six years after the divorce, he’s trying to file for VAWA as a desperate attempt to stay.

[Boiler 45,294]

I saw RoC mentioned but looking at it now that was not the OP.

[Rocio0010 5,579]

2 minutes ago, Boiler said:

I saw RoC mentioned but looking at it now that was not the OP.

No, it was me. I asked if he had filed for ROC after BIA was approved. Either OP is not telling everything, or the situation is weird