VAWA, Part 26

[Chancy 6,241]

11 hours ago, Risen said:

She was so confident about it and make me doubt myself. I have to learn how to keep my mouth shut and see how she will fly.

 

She actually does need to fly if she marries another USC who is not her K1 petitioner.  You are correct that she cannot adjust status through her new lover.  If she insists on remarrying, she will need to go through consular processing to get a spouse visa.  So she will need to fly back to her home country to interview for the visa.

 

[Pinkrlion 2,716]

13 hours ago, Risen said:

@sandraj @Stillwinning!!!😊 and others.

Good evening house. I met a coworker at work a week ago during orientation training. we got to talk because we were both using  EAD that brought us closer as an immigrant we got talking and share our journey and immigration up and down.  She came here on k1 and she got married along the line the spouse started abusing her. she had alot of evidence against his ex but she didnt.know about vawa. I explained to her and sent her links to this group to give her insight.about the process. She came to me today during lunch, she said will prefer to remarry her new.lover who is a citizen instead of.waiting 2 yrs for vawa process. I told her K1 Visa has a clause, that she can't remarry to another person to  adjust status except for the person that brought you in as a fiance,she insisted that am wrong that her attorney said is possible to remarry and file a new application.  I mine wrong ?

Technically she can, if she divorces husband and remarries, she will need the 1st husband to sign I-864 to AOS.  Most people do not want to do that so they do not go that route.

[Chancy 6,241]

6 minutes ago, Pinkrlion said:

Technically she can, if she divorces husband and remarries, she will need the 1st husband to sign I-864 to AOS.  Most people do not want to do that so they do not go that route.

 

Also, assuming the 1st husband even agrees to sign an I-864, non-VAWA AOS may have a joint interview.  Who would want their abuser to be with them at their USCIS interview?  The ex-husband could claim fraud at the interview to sabotage the applicant's chances of being able to ever stay legally in the US.

 

[Pinkrlion 2,716]

5 minutes ago, Chancy said:

 

Also, assuming the 1st husband even agrees to sign an I-864, non-VAWA AOS may have a joint interview.  Who would want their abuser to be with them at their USCIS interview?  The ex-husband could claim fraud at the interview to sabotage the applicant's chances of being able to ever stay legally in the US.

 

I don't believe that he would be asked to the interview, the current husband would be interviewed.

[Chancy 6,241]

1 minute ago, Pinkrlion said:

I don't believe that he would be asked to the interview, the current husband would be interviewed.

 

Current husband would not be the petitioner.  K1 visa holder may only AOS through their K1 petitioner, even if they already divorced at the time of AOS adjudication.  So the I-485 can only be approved based on the I-129F and the I-864 from the ex-husband.  The AOS interview (if required) must be attended by the I-129F petitioner.  It doesn't matter even if the new husband files an I-130 for the applicant.  The applicant cannot file an I-485 based on the new I-130.  Actual case where K1 visa holder's I-485 was denied because it was based on an I-130 from their 2nd spouse: Matter of Sesay -- https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3707.pdf

 

[Aarontx90 60]

Hello Family, I hope every one is doing well.

I had quick question and the wait is been agonizingly painful, even if being so close.

I had filled Vawa in May 2019, which was approved this is May 2022 and then my I-485 ( filled in November 2019 ) was transferred to NBC on September 16 2022, and then I received a deficiency notice for I-485, it was for medical deficiency notice on October 5th 2022.  

I have been waiting since to get any letter either a RFE or Interview notice. 

Can you tell me how long it might take? or when should I expect to hear anything.?

should I contact my Senator to inquire if the case moved to Local Office, which will be in Houston Texas.

any suggestion will really help the anxiety of waiting.

 

Thank you in advance.

[Stillwinning!!!😊 4,570]

1 hour ago, Aarontx90 said:

Hello Family, I hope every one is doing well.

I had quick question and the wait is been agonizingly painful, even if being so close.

I had filled Vawa in May 2019, which was approved this is May 2022 and then my I-485 ( filled in November 2019 ) was transferred to NBC on September 16 2022, and then I received a deficiency notice for I-485, it was for medical deficiency notice on October 5th 2022.  

I have been waiting since to get any letter either a RFE or Interview notice. 

Can you tell me how long it might take? or when should I expect to hear anything.?

should I contact my Senator to inquire if the case moved to Local Office, which will be in Houston Texas.

any suggestion will really help the anxiety of waiting.

 

Thank you in advance.

It’s okay to contact your rep. But you could hear from them anytime now. 👍

[Stillwinning!!!😊 4,570]

On 11/30/2022 at 4:40 PM, CDIRL said:

Finally, after 34 months of Hell, some good news!


Timeline:

July 2019- Filed I-485/I-130/I-131/I-765

December 2019- Combo Card Received

January 2020- Interview Scheduled

February 2020- Filed I-360. Asked USCIS to hold I-485 in abeyance

March 2020- USCIS receives application

October 2020- File for renewal on I-765/I-131

February 2021 I-765 renewal approved. Somehow, I-131 renewal has been separated.

October 2021- Still no I-131 approval. File for 2nd I-765 renewal

February 2022- I-131 approved (16 Months Later!!) Paper Copy w/photo. Not Combo card

May 2022- RFE (Didn't submit Psychological Evaluation with my I-360, as (former) attorney said that a letter from my therapist was adequate.

 

August 2022- Correspondence has been received by USCIS (PsychEval)

 

September 2022- 2nd I-765 renewal approved (2 Year Validity)

And finally, today, November 30th 2022- I-360 'We Ordered Your New Card'

It's been a long long road with lots of worry, stress and anxiety. Now I can finally take a deep breath. Feels like the weight of the world has been lifted off my shoulders.

Thank you to everyone in this group for sharing your stories. It has given me something to stay strong throughout this difficult process.

For all those still waiting, I feel your pain. Your day will come soon, and you will feel the joy that I am feeling today!

Kinda missed this with all the ‘traffic’ Congratulations 🎉🍾🎈🎊 great to get to this point! May the rest of the journey be smooth!😄👍

[Aarontx90 60]

47 minutes ago, Stillwinning!!!😊 said:

It’s okay to contact your rep. But you could hear from them anytime now. 👍

Thank you Dear. I will contact them this week, Hopefully that will speed things up a little bit. Looking forward to hear something. The waiting is tough.

[Stillwinning!!!😊 4,570]

2 hours ago, Aarontx90 said:

Thank you Dear. I will contact them this week, Hopefully that will speed things up a little bit. Looking forward to hear something. The waiting is tough.

Also since they asked you to send it in…the medical update I mean..you are not likely to go in for a physical interview. So yeah do contact them but I just feel you’ll hear something really soon.🙏😊

[Aarontx90 60]

10 hours ago, Stillwinning!!!😊 said:

Also since they asked you to send it in…the medical update I mean..you are not likely to go in for a physical interview. So yeah do contact them but I just feel you’ll hear something really soon.🙏😊

I am sorry Actually they did not ask me to send in the medical, it was just a Deficiency notice, saying , the looked through the file and it's missing I-693 and don't send anything in yet until you get a letter or be asked to bring it to the interview.

I am really hoping to get something, it's been couple months since the Deficiency notice and there hasn't been any RFE or interview yet, online update just show's file was transferred as of September er 14.

[Stillwinning!!!😊 4,570]

22 minutes ago, Aarontx90 said:

I am sorry Actually they did not ask me to send in the medical, it was just a Deficiency notice, saying , the looked through the file and it's missing I-693 and don't send anything in yet until you get a letter or be asked to bring it to the interview.

I am really hoping to get something, it's been couple months since the Deficiency notice and there hasn't been any RFE or interview yet, online update just show's file was transferred as of September er 14.

Ok then, you should patiently wait for the letter. Looks like you’ll be attending the interview. In my day, I had the deficiency notice in July, and interview 6months later.. but I guess things have changed since then.😊

[Aarontx90 60]

28 minutes ago, Stillwinning!!!😊 said:

Ok then, you should patiently wait for the letter. Looks like you’ll be attending the interview. In my day, I had the deficiency notice in July, and interview 6months later.. but I guess things have changed since then.😊

Ok, Thank you. it looks like I got 4 months to go. I was hoping to get it before January and be able to travel back home again in January but I might wait and not travel on Combo card again

[Stillwinning!!!😊 4,570]

1 minute ago, Aarontx90 said:

Ok, Thank you. it looks like I got 4 months to go. I was hoping to get it before January and be able to travel back home again in January but I might wait and not travel on Combo card again

I wouldn’t categorically say you have 4months left…it’s different for everyone. Timelines varies. Just stay hopeful and positive..everything is possible!😊👍

[Aarontx90 60]

1 minute ago, Stillwinning!!!😊 said:

I wouldn’t categorically say you have 4months left…it’s different for everyone. Timelines varies. Just stay hopeful and positive..everything is possible!😊👍

I am just trying to give it specifics months as not to agonize too much on the wait. I do appreciate the info. it helps a bit.