VAWA, Part 25

[brownielove 19]

30 minutes ago, HustlingStill said:

Just wanted to quickly ask here, im on my 18 months i cannot really expect how soon or late vawa will be approved. I have seen ppl getting approved in 20 months and some still waiting since 35 months. But i wanted to ask i have not travelled outside of US since my last entry which is 2015 @sandranj @Demise is it safe if i travel out of US with my AP ? will it delay my case for any reason if i travel. so i did read that when a petitioners travels USCIS gets informed. I just do not want any delay in my case also when i inquired they have updated again in april 1st saying " correspondence was received and uscis is reviewing it" and there was no response from them to my congress about my case. A lot of ppl i know have inquired for different reasons but there status update never happened in online. Will really appreciate if these concerns can be answered. 

 

Thank you. 

You can come back into the US using your Advance Parole without any issue as long as you are not in removal proceedings and if you have a pending asylum case, you must not travel to your home country. Coming back, there might be a chance that they take you to secondary inspection for 5-10 minutes (most likely to double check your info) but they will not really ask you much of anything during that time. Traveling outside US will not delay your case.

 

We have the same status online, mine hasn't changed even after they responded to my congressperson's inquiry since Dec 2021.

[HustlingStill 156]

Just now, brownielove said:

You can come back into the US using your Advance Parole without any issue as long as you are not in removal proceedings and if you have a pending asylum case, you must not travel to your home country. Coming back, there might be a chance that they take you to secondary inspection for 5-10 minutes (most likely to double check your info) but they will not really ask you much of anything during that time. Traveling outside US will not delay your case.

 

We have the same status online, mine hasn't changed even after they responded to my congressperson's inquiry since Dec 2021.

Thank you when did you file vawa ?

[brownielove 19]

15 minutes ago, HustlingStill said:

Thank you when did you file vawa ?

March 2020 and I'm still waiting for a decision from USCIS

[TBoneTX 44,971]

Your time will come.  Hang in there.

[Dafidi 2]

Good day all,

Upon advise from my lawyer, I had filed for VAWA in march 2021 after my US citizens spouse got really abusive, brazenly cheated on me and made us lose our home.

 

My concerns:

 

1. The lawyer advised we do skeletal filing and said the other documents will be sent later. How possible is this? Does it mean we have to wait for USCIS to send an RFE or we can simply submit unsolicited evidence. 

 

2. The lawyer said the pending I485 will be held in abeyance, does it mean the pending EAD application will run its normal processing time while the i485 is held in abeyance and i360 pending?

 

3. I do not have any police report since there was no physical abuse but constant nagging, dirty name callings and making us lose our home and moving in with her lover. She also refused to attend the i485 interview with me. 

Are these factors enough for VAWA?

 

4. My witnesses are just people I spoke with about my situation or witnessed her deride me. Our landlord also wrote to explain why he refused to renew our lease as my wife will constantly insult him when she gets into character. I also have people who have been victims of her insults while talking on the phone with me but outside the country, can their testimonies help?

 

5. Depressed and anxious, I had spoken with a psychologist who has really been helpful through the abuse. The sessions really worked for me but she has never done a report for USCIS cases. Is there any format she can use for the report? Can anyone help with that?

 

I ask these questions because from what I have read here, it is important for me to take charge of my case as  my lawyer seem to be a different person ever since I paid for her services. It took over two months to file the I360 and she insists on interviewing all my witnesses with has taken over 3 months with no conclusion.

 

At this point, I am open to suggestions, advise and criticisms where necessary.

 

 

[Makanaki 111]

58 minutes ago, Dafidi said:

Good day all,

Upon advise from my lawyer, I had filed for VAWA in march 2021 after my US citizens spouse got really abusive, brazenly cheated on me and made us lose our home.

 

My concerns:

 

1. The lawyer advised we do skeletal filing and said the other documents will be sent later. How possible is this? Does it mean we have to wait for USCIS to send an RFE or we can simply submit unsolicited evidence. 

 

2. The lawyer said the pending I485 will be held in abeyance, does it mean the pending EAD application will run its normal processing time while the i485 is held in abeyance and i360 pending?

 

3. I do not have any police report since there was no physical abuse but constant nagging, dirty name callings and making us lose our home and moving in with her lover. She also refused to attend the i485 interview with me. 

Are these factors enough for VAWA?

 

4. My witnesses are just people I spoke with about my situation or witnessed her deride me. Our landlord also wrote to explain why he refused to renew our lease as my wife will constantly insult him when she gets into character. I also have people who have been victims of her insults while talking on the phone with me but outside the country, can their testimonies help?

 

5. Depressed and anxious, I had spoken with a psychologist who has really been helpful through the abuse. The sessions really worked for me but she has never done a report for USCIS cases. Is there any format she can use for the report? Can anyone help with that?

 

I ask these questions because from what I have read here, it is important for me to take charge of my case as  my lawyer seem to be a different person ever since I paid for her services. It took over two months to file the I360 and she insists on interviewing all my witnesses with has taken over 3 months with no conclusion.

 

At this point, I am open to suggestions, advise and criticisms where necessary.

 

 

1. The lawyer SHOULD NOT have done skeletal filing! This will make your case go for a longer period of time. I am an example! At some point I took over my life sent everything without lawyers knowledge and pretty much took over my case myself!

 

2. If the lawyer ASKED for it to be held in abeyance most times it will be held - highly dependent on the IO. Yes the pending EAD application will run but however may take longer since it wasn’t sent to Vermont for processing

 

3. Yes, those factors are enough. However, you have to FULLY write out your story with substantial evidence.

 

4. Yes, all those testimonies will help. However, note that USCIS is more concerned about the abuse to YOU and care less about the abuse she has inflicted to other people. But nevertheless, painting the picture of a prolific abuser should not be excluded. Can help the IO to better understand the type of spouse you have

 

5. unfortunately there’s no standard format. Better you find yourself an experienced therapist with vawa cases

 

My opinion is that most lawyers are after money. They are not in your shoes nor are they trying to obtain their GC hence you have to be proactive with your own case by being knowledgeable and sometimes directing your lawyers in the way you want them to proceed with your case. The whole idea of your lawyer interviewing your witnesses to me shows that he/she is either clueless with vawa cases or may have used that to obtain more money from you, because there is absolutely no need to interview witnesses. All that is required is for them to write their letters and for your lawyer to ensure whatever they have written correlates with your own statement.

 

NOTE: Her cheating on you will not be considered as a form of abuse

Edited April 6, 2022 by Makanaki

[Dafidi 2]

49 minutes ago, Makanaki said:

1. The lawyer SHOULD NOT have done skeletal filing! This will make your case go for a longer period of time. I am an example! At some point I took over my life sent everything without lawyers knowledge and pretty much took over my case myself!

 

2. If the lawyer ASKED for it to be held in abeyance most times it will be held - highly dependent on the IO. Yes the pending EAD application will run but however may take longer since it wasn’t sent to Vermont for processing

 

3. Yes, those factors are enough. However, you have to FULLY write out your story with substantial evidence.

 

4. Yes, all those testimonies will help. However, note that USCIS is more concerned about the abuse to YOU and care less about the abuse she has inflicted to other people. But nevertheless, painting the picture of a prolific abuser should not be excluded. Can help the IO to better understand the type of spouse you have

 

5. unfortunately there’s no standard format. Better you find yourself an experienced therapist with vawa cases

 

My opinion is that most lawyers are after money. They are not in your shoes nor are they trying to obtain their GC hence you have to be proactive with your own case by being knowledgeable and sometimes directing your lawyers in the way you want them to proceed with your case. The whole idea of your lawyer interviewing your witnesses to me shows that he/she is either clueless with vawa cases or may have used that to obtain more money from you, because there is absolutely no need to interview witnesses. All that is required is for them to write their letters and for your lawyer to ensure whatever they have written correlates with your own statement.

 

NOTE: Her cheating on you will not be considered as a form of abuse

Thank you @makanaki, I really appreciate. The lawyer said something about downplaying the cheating. 

I was wondering if their is a way I can remedy the skeletal filing thing without having to wait for an RFE.

 

As it stands, my evidence is just testimonies of my witnesses and perhaps the psyche eval if I can get the right format.

 

Can I still do a psyche eval after the fact? Like, I am better psychologically right now, will it help if I see another psychologist who has experience in these kind of things?

 

 

[Makanaki 111]

3 minutes ago, Dafidi said:

Thank you @makanaki, I really appreciate. The lawyer said something about downplaying the cheating. 

I was wondering if their is a way I can remedy the skeletal filing thing without having to wait for an RFE.

 

As it stands, my evidence is just testimonies of my witnesses and perhaps the psyche eval if I can get the right format.

 

Can I still do a psyche eval after the fact? Like, I am better psychologically right now, will it help if I see another psychologist who has experience in these kind of things?

 

 

Yes, you can remedy the skeletal filing without having to wait for an RFE by sending in ALL other supporting documents with a copy of your receipt notice in front.  Obviously ensure you keep a copy of all that you sent - USCIS do misplace documents some times. You may keep one or two wild card with you per adventure they send you RFE so you can use that if the need arise. But you should not get an RFE if you have done a thorough job with your story and evidence. (I did not get RFE)
 

The testimonies you have should suffice with the psych evaluation. Do ensure you story is well documented from dating to present moment, and all other areas are covered.

 

Yes, you can do psych eval after the fact (that was what I did. Trust me those therapists knows how to take you back to those period of abuse) and should find a psychologist that is well versed in vawa cases 

[Sandra G. 5,043]

17 hours ago, Zzz___1 said:

But the asylum case was withdrawn by the applicant , how does that work? 

In the event that the person withdraws the asylum claim, the Court can still consider the claim frivolous. You  need to see the Judge's decision.

[Sandra G. 5,043]

10 hours ago, Dafidi said:

Good day all,

Upon advise from my lawyer, I had filed for VAWA in march 2021 after my US citizens spouse got really abusive, brazenly cheated on me and made us lose our home.

 

My concerns:

 

1. The lawyer advised we do skeletal filing and said the other documents will be sent later. How possible is this? Does it mean we have to wait for USCIS to send an RFE or we can simply submit unsolicited evidence. 

 

2. The lawyer said the pending I485 will be held in abeyance, does it mean the pending EAD application will run its normal processing time while the i485 is held in abeyance and i360 pending?

 

3. I do not have any police report since there was no physical abuse but constant nagging, dirty name callings and making us lose our home and moving in with her lover. She also refused to attend the i485 interview with me. 

Are these factors enough for VAWA?

 

4. My witnesses are just people I spoke with about my situation or witnessed her deride me. Our landlord also wrote to explain why he refused to renew our lease as my wife will constantly insult him when she gets into character. I also have people who have been victims of her insults while talking on the phone with me but outside the country, can their testimonies help?

 

5. Depressed and anxious, I had spoken with a psychologist who has really been helpful through the abuse. The sessions really worked for me but she has never done a report for USCIS cases. Is there any format she can use for the report? Can anyone help with that?

 

I ask these questions because from what I have read here, it is important for me to take charge of my case as  my lawyer seem to be a different person ever since I paid for her services. It took over two months to file the I360 and she insists on interviewing all my witnesses with has taken over 3 months with no conclusion.

 

At this point, I am open to suggestions, advise and criticisms where necessary.

 

 

 A "lawyer" aspiring to become a lawyer is representing you, and I bet she will charge to read your affidavit . To conduct an interview with the witnesses is one of the most absurd things I have read so far. The USCIS is unconcerned about the abuse that your wife  inflicted upon others. Your wannabe attorney  will most likely charge you to read your affidavit.

[Sandra G. 5,043]

13 hours ago, HustlingStill said:

Just wanted to quickly ask here, im on my 18 months i cannot really expect how soon or late vawa will be approved. I have seen ppl getting approved in 20 months and some still waiting since 35 months. But i wanted to ask i have not travelled outside of US since my last entry which is 2015 @sandranj @Demise is it safe if i travel out of US with my AP ? will it delay my case for any reason if i travel. so i did read that when a petitioners travels USCIS gets informed. I just do not want any delay in my case also when i inquired they have updated again in april 1st saying " correspondence was received and uscis is reviewing it" and there was no response from them to my congress about my case. A lot of ppl i know have inquired for different reasons but there status update never happened in online. Will really appreciate if these concerns can be answered. 

 

Thank you. 

You should not travel if you are in removal proceedings or if you had or have an asylum case. It will not delay your case simply because you travel.

[Sandra G. 5,043]

19 hours ago, 777_777 said:

Hey guys, 

 

How many days usually they give approximately to respond to RFE on i-360 if they have not indicated any time frame in the Letter? 

 

Thanks in advance 

They normally allow 87 days to respond to the affidavit, but sometimes they do not specify a date, so you should respond as soon as possible.

[HustlingStill 156]

14 hours ago, brownielove said:

March 2020 and I'm still waiting for a decision from USCIS

very soon i hope !  i am seeing lot of feb approvals

[DeeeHT 25]

Hey guys, 

 

so I finally got update on my i360 after 2 yrs. 
a little back story, 

PD for i360 - Feb 2020

RFE was received - April 2020 - (good moral conduct, I sent police report) 

and 3 prima facies so far. 

today I got an update for another RFE and I have no idea what it could be for. 
i submitted a copy of my marriage certificate, affidavit from friends and family, bank statements and the police report. 
Please do you know what this RFE could be for? 
And how long would it take to get an approval after I respond to the RFE? 

i really need the EAD, I haven’t been able to work since 2020 when my old one expired 😢

[HustlingStill 156]

1 minute ago, DeeeHT said:

Hey guys, 

 

so I finally got update on my i360 after 2 yrs. 
a little back story, 

PD for i360 - Feb 2020

RFE was received - April 2020 - (good moral conduct, I sent police report) 

and 3 prima facies so far. 

today I got an update for another RFE and I have no idea what it could be for. 
i submitted a copy of my marriage certificate, affidavit from friends and family, bank statements and the police report. 
Please do you know what this RFE could be for? 
And how long would it take to get an approval after I respond to the RFE? 

i really need the EAD, I haven’t been able to work since 2020 when my old one expired 😢

then youll get decision soon, you can get proof of bonafide marriage or abuse or anything tbh, be prepared to response as soon as you send you will get a decision.