VAWA, Part 25

[Meeraco 1]

Good afternoon everyone, I have been following this great trend for over two years now, I filed my vawa October 2019, haven't heard anything from them, can I withdraw my application and marry my fiance and apply..thank you.

[MariaX 28]

On 3/16/2022 at 9:38 PM, Pinkrlion said:

They will only request new fingerprints if her last set has expired.  So it will be a waste of time, as they will tell congressman, they do not need them.  Background check is different than security check.  

Fingerprint appointment was on December 2019 also sent FBI fingerprint with package. I’m interested I’m interested in does Vawa case need security or background check? (I don’t mean for 485) or the response from usics is standard and reason is anything else . Thanks for answering 

[brownielove 19]

2 hours ago, J2020 said:

what month in 2020 did you apply? And was your i360 approved? 
 

Withdrawing to get married and apply again can be tricky, it’s a double-edged sword so be careful and ask an experienced attorney.. 

 

however, if u r talking about a “pending i360” when you say “pending VAWA”, then I’m a 2020 filer and USCIS has literally just started working on January 2020 last month and I just got approved on April 1st 2022. So depending on the month you applied in 2020, be a little patient because they might be working on your case already. 
 

I recommend that you reach out to your Congressperson before attempting to withdraw your application, because when you withdraw the application and things go wrong, there’s no going back after that. So reach out to your congressperson for updates on your vawa (it helps) then discuss the smallest details of the matter of application withdrawal with an experienced attorney. 

You can also use Avvo to ask attorneys for free, many immigration attorneys answer immigration questions so quick on that platform 

 

good luck 

Hello J2020,

 

My VAWA was filed in April 2020 and it has not been approved yet. I understand withdrawing the i-360 can be very tricky and will expose me to an immigration status gap but I've already spoken to one lawyer and he told me that it can be done but my case can be scrutinized for having done the marriage-based application previously then VAWA then another marriage-based again.

 

Congrats on getting the approval! What I'm really concerned about is even if I do get the I-360 approval at some point, I will still need to wait longer again before I actually get the green card. My field office is super backlogged as I am in a huge city It's so frustrating to think I need to keep waiting for at least 2 more years from now. My original AOS priority date was October 2019 before I filed for VAWA. Shouldn't my i-360 priority date be adjusted to the original PD? If yes, how do I request that?

[i-need-help-pls 72]

 

Hello Family, I'm 2018 filler but no approval yet. I got email message from USCIS.

 

Your Case Status: Initial Review
On March 30, 2022, we received your correspondence for Form I360, PETITION FOR AMERASIAN, WIDOW(ER), OR SPECIAL IMMIGRANT, Receipt Number EACXXXXXX. We are reviewing your correspondence, and will send you a notice if we need something from you.

 

My Questions are:  What’s the meaning and when can I get final approval?

What action USCIS will take again and when (How many Months)?

 

 

[J2020 94]

52 minutes ago, brownielove said:

Hello J2020,

 

My VAWA was filed in April 2020 and it has not been approved yet. I understand withdrawing the i-360 can be very tricky and will expose me to an immigration status gap but I've already spoken to one lawyer and he told me that it can be done but my case can be scrutinized for having done the marriage-based application previously then VAWA then another marriage-based again.

 

Congrats on getting the approval! What I'm really concerned about is even if I do get the I-360 approval at some point, I will still need to wait longer again before I actually get the green card. My field office is super backlogged as I am in a huge city It's so frustrating to think I need to keep waiting for at least 2 more years from now. My original AOS priority date was October 2019 before I filed for VAWA. Shouldn't my i-360 priority date be adjusted to the original PD? If yes, how do I request that?

Honestly you should wait at least till October 2022, I’m sure you will get an update on your i360 in the next few months. Your AOS will move quickly once your i360 is approved. 
 

reach out to USCIS or your congressperson regarding your AOS application, but my personal recommendation is to wait till the end of 2022 then decide on withdrawing your application. There is a lot to lose here so try to think about all possibilities 

 

1- if you wait few months, and possibly get approved, then everything will be fine and you will still be able to marry. 
 
2- if you withdraw your I 360 and marry and apply marriage base, then USCIS gets suspicious and consider it a negative pattern, then you might end up with longer delays proving your intent 

 

3- you withdraw and marry, then the guy changes his mind and keep gaslighting you for any reason, or end up withdrawing your new petition then you lost both options (not saying your man would do such thing but I’m just giving you all possibilities to consider, because many people end up in such hurdle. Some people show their real color after marriage and they want full control, and him knowing that you already know about vawa will not be helpful in that situation)  

 

So protect yourself and do what is best for you first. In your situation, I would personally wait for my VAWA approval because it’s the most logical and safe option here. At the end the choice is yours, but write down all the pros and cons of the situation and choose wisely. 
 

good luck 

[J2020 94]

42 minutes ago, i-need-help-pls said:

 

Hello Family, I'm 2018 filler but no approval yet. I got email message from USCIS.

 

Your Case Status: Initial Review
On March 30, 2022, we received your correspondence for Form I360, PETITION FOR AMERASIAN, WIDOW(ER), OR SPECIAL IMMIGRANT, Receipt Number EACXXXXXX. We are reviewing your correspondence, and will send you a notice if we need something from you.

 

My Questions are:  What’s the meaning and when can I get final approval?

What action USCIS will take again and when (How many Months)?

 

 

It’s impossible to know the whens with USCIS, it all depends on your case, what the RFE was about, and how strong and authentic your correspondence and your case evidence are.

“When” the decision is made, that is totally up to the officer handling your case. It’s impossible to give you a timeline. 
 

However, reach out to your congressperson I’m sure they will help with at least getting your file touched or providing you with an update. 
 

good luck 

[i-need-help-pls 72]

3 minutes ago, J2020 said:

It’s impossible to know the whens with USCIS, it all depends on your case, what the RFE was about, and how strong and authentic your correspondence and your case evidence are.

“When” the decision is made, that is totally up to the officer handling your case. It’s impossible to give you a timeline. 
 

However, reach out to your congressperson I’m sure they will help with at least getting your file touched or providing you with an update. 
 

good luck 

Thanks. 

[Family 3,974]

On 4/2/2022 at 9:37 AM, brownielove said:

Is there any way for me to still make a report against him for all those abuses? I know it's been years since those incidents which I really regret not doing anything about them.

 

Also, if he re-marries and will petition the new spouse to come to the US, will the immigration make it hard for him to file a petition again since I filed a VAWA petition naming him as my abuser?

1. Your best course of action is to get copies of the 2 reports , print the life threatening text ( as other members recommended) and begin preparing your VAWA. 
 

2. Did he ever file an I-130 Petition for you? He seems to have moved on, re-married..so not quite sure why u are asking..but to answer, NO , he won’t be impacted since he has never been arrested for DV.
 

 

[Varna 6]

EAD Renewals : I have applied for EAD/AP renewal Aug 26,2021 and no apporval yet. Anyone around the same timeline received approval?

My VAWA is from Aug 2020 and waiting on approval for that too

[Shroy123 749]

Hi Folks. Quick question?? Can I sponsor my spouse on my Vawa based green card? What category they will fall into? Same IB6 for greencard? Also, if I file for I130 for my spouse along with i485 if visa date is current, they will also get 10 years green card?  

[Anujra 82]

38 minutes ago, Varna said:

EAD Renewals : I have applied for EAD/AP renewal Aug 26,2021 and no apporval yet. Anyone around the same timeline received approval?

My VAWA is from Aug 2020 and waiting on approval for that too

Hi I sent my ead c09 on 9/5/2021.

receipt notice on 9/10/2021

Case approved with AP on 3/30/2022.

[HustlingStill 156]

38 minutes ago, Shroy123 said:

Hi Folks. Quick question?? Can I sponsor my spouse on my Vawa based green card? What category they will fall into? Same IB6 for greencard? Also, if I file for I130 for my spouse along with i485 if visa date is current, they will also get 10 years green card?  

i think for vawa based you have to wait 5 years at least as PR or be citizen

[shiva32 240]

2 hours ago, Shroy123 said:

Hi Folks. Quick question?? Can I sponsor my spouse on my Vawa based green card? What category they will fall into? Same IB6 for greencard? Also, if I file for I130 for my spouse along with i485 if visa date is current, they will also get 10 years green card?  

@Demise  has answered similar questions before. yes you can sponsor but USCIS will scrutinize the application very closely with higher evidentiary requirements. You will need to prove that the previous marriage was not fraudulent - again. However, if you sponsor your spouse AFTER you become a US citizen or more than 5 years after obtaining green card, then the case would be treated as a standard marriage based case. If you are not in a hurry, then wait till you become a citizen. If you are in a hurry, then please be prepared for the higher scrutiny and make sure you meet their burden of proof, since you really dont want to be in a situation where your sponsorship petition is denied. 

[Reto 67]

3 hours ago, Varna said:

EAD Renewals : I have applied for EAD/AP renewal Aug 26,2021 and no apporval yet. Anyone around the same timeline received approval?

My VAWA is from Aug 2020 and waiting on approval for that too

I renew my EAD on july 2021 and got my card on march 2022. 

[Sandra G. 5,043]

On 4/1/2022 at 5:15 PM, 777_777 said:

And i got a speeding ticket today 😑😑😑what a joke.. First ever ticket right when they asked evidence of good moral character! 😭🤣 🤦🏻‍♀️

 

23 hours ago, brownielove said:

I keep seeing posts on Reddit from I-485 filers from the same area that I live in having their green card already being produced since last week. A lot of them filed in like 2nd or 3rd quarter of 2021 and they got their green cards now so quickly.

 

I know VAWA takes time but this has really been frustrating for me that it seems 2020 cases have been forgotten. My VAWA is still pending and my lawyer doesn't allow me to leave the country using my AP, I haven't visited my home for several years and I've had 2 uncles who died just recently which really sucks. I am really feeling that it will take me another 2-3 years from now before I actually get my green card

 

My significant other and I have been really thinking about getting married (I've been living with this person for more than a year now, such a great person with no signs of being abusive at all), withdrawing my VAWA and file again for another marriage-based i485. Does anyone think that this is a good idea? Has anyone here abandoned/withdrawn their VAWA application in order to re-marry & start another AOS application?

Withdrawing your VAWA application is a bad idea. In order to truly know someone we take years, and even then, we do not know them enough.If you are not im removal proceedings or have an asylum case pending then you can travel to your Country.It seems your attorney doesn't know well about the VAWA Law.

Edited April 4, 2022 by sandranj