VAWA, Part 27

[Demise 1,283]

39 minutes ago, balo101 said:

i agree what @Demise said.

I am just wondering why would immigration call him to ask for that? wouldn't they send RFE?

Yeah that's a good point. Immigration doesn't call you outside of some really unusual circumstances.

[FirstTimer 93]

10 hours ago, Pinkrlion said:

You have to still file I-864w. Before they said you didn’t but then they reinstated it. 

 

I submitted only Medical, Copy of RFE and Approval Notice. Do you think I still have to submit I864W

[FirstTimer 93]

1 hour ago, Demise said:

The RFE will say to submit an I-864. The correct thing to do in that case is to instead submit I-864W.

 

The form is trivial: Fill out your personal information in Part 1. In part 2 tick box 1.d., sign and date under Requestor's Signature (Part 3, 6.a., 6.b.). Charging $1000 for this is just malpractice.

 

Now, USCIS should've sent a copy of the RFE notice to your mailing address. If you didn't receive it, demand a copy from the lawyer and sent it in yourself. If you can't then figure out where your application is (ask a congressman or senator for help) and send it in as an unsolicited submission, attach a letter stating that your lawyer is giving you the runaround and failed to submit I-864 with the RFE so here you are submitting an I-864W of your own accord. You can also likely just give the I-864W to your congressman/senator and ask them to get it to USCIS on your behalf.

 

I didn't receive RFE regarding I864. The only RFE I received after I360 approval was asking for medical and medical was submitted. I am attaching the copy of RFE where they asked me for medical. 
Also, I received call from my attorney and they said immigration required I864 or I am not sure if she told me incorrectly and it's I864W. At this stage can I change my attorney because $1000 is too much for filling a form.

[FirstTimer 93]

1 hour ago, balo101 said:

i agree what @Demise said.

I am just wondering why would immigration call him to ask for that? wouldn't they send RFE?

They didn't send RFE neither me nor my attorney. They simply called, that's why my attorney said

32 minutes ago, Demise said:

Yeah that's a good point. Immigration doesn't call you outside of some really unusual circumstances.

The immigration officer didn't call me. They called my attorney's office.

[Demise 1,283]

9 minutes ago, FirstTimer said:

 

I didn't receive RFE regarding I864. The only RFE I received after I360 approval was asking for medical and medical was submitted. I am attaching the copy of RFE where they asked me for medical. 
Also, I received call from my attorney and they said immigration required I864 or I am not sure if she told me incorrectly and it's I864W. At this stage can I change my attorney because $1000 is too much for filling a form.

"Submit all showing you are exempt from filing a form I-864". Hmm, now this is a good question, when did you file I-485, there was a period of time back when I-944 was a thing where seeking this exemption was just a checkbox on form I-485 itself, after they stopped requiring I-944 they just started asking for I-864W again.

 

But if we were to take what the lawyer said at face value, where USCIS did explicitly request an I-864W, print out the RFE notice, fill out and sign form I-864W, attach a note that this is additional submission following submitting the medical alone, and send it out.

Edited February 27 by Demise

[FirstTimer 93]

2 minutes ago, Demise said:

"Submit all showing you are exempt from filing a form I-864". Hmm, now this is a good question, when did you file I-485, there was a period of time back when I-944 was a thing where seeking this exemption was just a checkbox on form I-485 itself, after they stopped requiring I-944 they just started asking for I-864W again.

I filled out complete package I130, I131, I765, I864, and I485 in December 2019 then in November 2020 I filled out I360 and asked the Interview officer to hold on to my I485.

[Demise 1,283]

14 minutes ago, FirstTimer said:

I filled out complete package I130, I131, I765, I864, and I485 in December 2019 then in November 2020 I filled out I360 and asked the Interview officer to hold on to my I485.

Okay yeah, since you are switching from I-130 with an I-864 to an I-360 then you will need an I-864W, I-360 notice is proof of eligibility for exemption, but you still have to explicitly request an exemption via form I-864W.

 

So basically:

Print out the RFE

Fill out, print, and sign form I-864

Print a short statement explaining the circumstances: "Lawyer responded to the attached RFE by providing medical and I-360 approval notice. Lawyer claims that USCIS called him regarding the I-864, so now I am submitting I-864W in addition to the previous submission by my lawyer". Then sign it.

 

Then mail off of this to the USCIS office listed on the RFE.

Edited February 27 by Demise

[FirstTimer 93]

7 minutes ago, Demise said:

Okay yeah, since you are switching from I-130 with an I-864 to an I-360 then you will need an I-864W, I-360 notice is proof of eligibility for exemption, but you still have to explicitly request an exemption via form I-864W.

 

So basically:

Print out the RFE

Fill out, print, and sign form I-864

Print a short statement explaining the circumstances: "Lawyer responded to the attached RFE by providing medical and I-360 approval notice. Lawyer claims that USCIS called him regarding the I-864, so now I am submitting I-864W in addition to the previous submission by my lawyer". Then sign it.

 

Then mail off of this to the USCIS office listed on the RFE.

 

Can i say that my attorney didn't include I864W when Response to RFE was submitted by me? Also, do I have to include any supporting document I864W?

[Demise 1,283]

2 minutes ago, FirstTimer said:

 

Can i say that my attorney didn't include I864W when Response to RFE was submitted by me? Also, do I have to include any supporting document I864W?

You can say that as well, just explain the situation for why there's two responses to the RFE in your own words.

The I-360 submitted with the previous response should be enough for that, if you are unsure, no harm in sending another copy.

[FirstTimer 93]

4 minutes ago, Demise said:

You can say that as well, just explain the situation for why there's two responses to the RFE in your own words.

The I-360 submitted with the previous response should be enough for that, if you are unsure, no harm in sending another copy.

I864W is pretty simple and I have already filled it out. I am shocked that my attorney is asking $1000 just to fill it.
Can I simply sign and send it to USCIS with a copy of the RFE and I360 Approval Notice? without including my attorney?

[Demise 1,283]

1 minute ago, FirstTimer said:

I864W is pretty simple and I have already filled it out. I am shocked that my attorney is asking $1000 just to fill it.
Can I simply sign and send it to USCIS with a copy of the RFE and I360 Approval Notice? without including my attorney?

Yeah you can go around your lawyer. Generally I'd say that is not the best idea but given the situation (very easy form and lawyer that demands an outrageous payment for what's not even 5 minutes of work) I think it's justified.

[FirstTimer 93]

6 minutes ago, Demise said:

Yeah you can go around your lawyer. Generally I'd say that is not the best idea but given the situation (very easy form and lawyer that demands an outrageous payment for what's not even 5 minutes of work) I think it's justified.

It's like a weird situation now. The attorney takes advantage of his services by asking $1000 for filling a form which doesn't take more than 5 minutes. 

The question here is that if  I send it by myself with express mail, do you think the immigration officer will accept this response? 

[Demise 1,283]

Just now, FirstTimer said:

It's like a weird situation now. The attorney takes advantage of his services by asking $1000 for filling a form which doesn't take more than 5 minutes. 

The question here is that if  I send it by myself with express mail, do you think the immigration officer will accept this response? 

Yeah they will. Just include a copy of the RFE. USCIS is notorious for having no idea what to do with unsolicited submissions, with the RFE they will immediately know that this goes to this case, oh there's an already a response, attach this one too.

[FirstTimer 93]

32 minutes ago, Demise said:

Yeah they will. Just include a copy of the RFE. USCIS is notorious for having no idea what to do with unsolicited submissions, with the RFE they will immediately know that this goes to this case, oh there's an already a response, attach this one too.

Kindly have a look at the Initial RFE received for I485 asking for medical. Let me know if I have to submit any other documents

 

.

RFE.pdfRFE.pdf 

Edited February 27 by FirstTimer

[Demise 1,283]

13 minutes ago, FirstTimer said:

Kindly have a look at the Initial RFE received for I485 asking for medical. Let me know if I have to submit any other documents

 

.

RFE.pdfRFE.pdf 

Write in the letter that you switched to VAWA I-360. The RFE incorrectly identified you as a widow(er) of a US Citizen. But I-360 approval notice, I-864W, and a short statement is all you'll need. Worst case they'll interview you and you can correct the I-485 at the interview, or they'll RFE or NOID you for a new form I-485.

Edited February 27 by Demise