VAWA, Part 27

[Braveheart123 146]

18 minutes ago, Demise said:

Only response you can give to the RFE is to explain that the RFE itself is improper and give them page 13 of the N-400 instructions which reads:

NOTE: Evidence of the spouse's U.S. citizenship, marriage to the U.S. citizen, divorce or separation, or marital union is
NOT required if you obtained LPR status as the spouse, former spouse, or intended spouse of a U.S. citizen who subjected
you to battery or extreme cruelty.

 

What's the category code on your green card? IB1, IB6, B21, B26, BX1, BX6, Z14?

 

If it's IB1, IB6, or Z14 then you should straight up write that you are requesting managerial review because the reviewing officer is outright wrongly demanding documentation which is not required of you.

 

If it's B21, B26, BX1, or BX6, then you should write that you are requesting managerial review because you believe that the officer erred in demanding proof of your abusive ex's citizenship from you because:

1. Demanding this proof is contrary to the intent and spirit of VAWA because it essentially locks eligibility for naturalization under the 3 year provision behind documentation belonging to the abusive ex, essentially giving them a veto power over your naturalization,

2. You provided the evidence you were able to obtain: Driver's License, Social Security, and voter information. This information was previously deemed good enough to approve your I-360. Moreover currently only District of Columbia, and municipalities in 3 states (CA, MD, VT) permit noncitizens to vote in local elections, meaning that more likely than not your ex registered to vote following naturalization.

3. USCIS is able to perform immigration status checks in cases that warrant it, and any VAWA cases due to their unique nature where the (ex-)spouse is abusive and thus extremely unlikely to cooperate definitely warrant it.

Thank you you are so helpful moreover you have the best knowledge this will help me a lot please keep in touch the information you provided is very good and will help me moreover my category of green card is IB6 can you please give me any provision on IB 6 which allows me that the officer can not ask me about the citizenship proof of abuser 

[Demise 1,277]

2 hours ago, Braveheart123 said:

Thank you you are so helpful moreover you have the best knowledge this will help me a lot please keep in touch the information you provided is very good and will help me moreover my category of green card is IB6 can you please give me any provision on IB 6 which allows me that the officer can not ask me about the citizenship proof of abuser 

There's not much in the Policy Manual or in the regulations. So the best proof would be the factsheet and N-400 instructions:

 

VAWA Naturalization Factsheet:

https://www.uscis.gov/sites/default/files/document/fact-sheets/DO_FactSheet_NatzForVAWALawfulPermResidents_V3_508.pdf

Relevant section is on page 2, information about your spouse.

And the N-400 instructions:

https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf

Relevant part is on page 13 that I mentioned before, the paragraph that starts with "NOTE:".

 

The way I would write this would be something like this, feel free to use this, just plug in your info, if still married just take the (ex-) out, if you're divorced by now then just take the parenthesis around (ex-) out. Obviously include a copy of the things listed in attachments:

 

In re: N-400 Application for Naturalization under VAWA

Receipt number: XXXYYYYYYYYYY

Applicant: Your name (A#XXX-XXX-XXX)

 

To whom it may concern:

 

I believe that this request for evidence is improper and request managerial review. I attended an interview on [date] at [field office]. During this interview the immigration officer contrary to USCIS procedures demanded proof of my (ex-)spouse's citizenship and wouldn't accept any explanation that I am seeking naturalization under VAWA nor wouldn't accept alternate proof I used on my I-360 self petition, and subsequently issued this RFE.

 

Naturalization for VAWA Lawful Permanent Residents Fact Sheet states:

The Form N-400, Application for Naturalization, requests basic biographic information about your current and former spouses. However, USCIS will not contact your current or former spouse about your application. In addition, you do not need to establish that you are or were living with your spouse or provide documentation about your spouse.  (Exhibit A)

 

N-400 Instructions page 13 states:

NOTE: Evidence of the spouse's U.S. citizenship, marriage to the U.S. citizen, divorce or separation, or marital union is NOT required if you obtained LPR status as the spouse, former spouse, or intended spouse of a U.S. citizen who subjected you to battery or extreme cruelty. (Exhibit B)

 

My VAWA I-360 was approved listing class IB1. (Exhibit C)

 

My permanent resident card lists category IB6. (Exhibit D)

 

Previously submitted evidence was enough for USCIS to determine that my (ex-)spouse is a US Citizen and approve my I-360 and I-485 as a self-petitioning spouse of a US Citizen under VAWA.

 

Moreover, demanding further documentation regarding the abusive (ex-)spouse goes contrary to the spirit and intent of VAWA. Especially when demanding a document such as a US Passport or Naturalization Certificate of such spouse since I am simply unable to obtain them outside of my (ex-)spouse giving them to me. Such a demand essentially places veto power over 3 year naturalization under VAWA in hands of an abusive (ex-)spouse.

 

In light of the foregoing I ask that you proceed with my N-400 application for naturalization.

 

_______________________

[Your name]

 

Attachments:

Exhibit A: Naturalization for VAWA Lawful Permanent Residents Fact Sheet

Exhibit B: N-400 Instructions Page 13

Exhibit C: Copy of I-360 Approval Notice

Exhibit D: Copy of my permanent resident card

Edited June 26 by Demise

[Braveheart123 146]

5 hours ago, Demise said:

There's not much in the Policy Manual or in the regulations. So the best proof would be the factsheet and N-400 instructions:

 

VAWA Naturalization Factsheet:

https://www.uscis.gov/sites/default/files/document/fact-sheets/DO_FactSheet_NatzForVAWALawfulPermResidents_V3_508.pdf

Relevant section is on page 2, information about your spouse.

And the N-400 instructions:

https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf

Relevant part is on page 13 that I mentioned before, the paragraph that starts with "NOTE:".

 

The way I would write this would be something like this, feel free to use this, just plug in your info, if still married just take the (ex-) out, if you're divorced by now then just take the parenthesis around (ex-) out. Obviously include a copy of the things listed in attachments:

 

In re: N-400 Application for Naturalization under VAWA

Receipt number: XXXYYYYYYYYYY

Applicant: Your name (A#XXX-XXX-XXX)

 

To whom it may concern:

 

I believe that this request for evidence is improper and request managerial review. I attended an interview on [date] at [field office]. During this interview the immigration officer contrary to USCIS procedures demanded proof of my (ex-)spouse's citizenship and wouldn't accept any explanation that I am seeking naturalization under VAWA nor wouldn't accept alternate proof I used on my I-360 self petition, and subsequently issued this RFE.

 

Naturalization for VAWA Lawful Permanent Residents Fact Sheet states:

The Form N-400, Application for Naturalization, requests basic biographic information about your current and former spouses. However, USCIS will not contact your current or former spouse about your application. In addition, you do not need to establish that you are or were living with your spouse or provide documentation about your spouse.  (Exhibit A)

 

N-400 Instructions page 13 states:

NOTE: Evidence of the spouse's U.S. citizenship, marriage to the U.S. citizen, divorce or separation, or marital union is NOT required if you obtained LPR status as the spouse, former spouse, or intended spouse of a U.S. citizen who subjected you to battery or extreme cruelty. (Exhibit B)

 

My VAWA I-360 was approved listing class IB1. (Exhibit C)

 

My permanent resident card lists category IB6. (Exhibit D)

 

Previously submitted evidence was enough for USCIS to determine that my (ex-)spouse is a US Citizen and approve my I-360 and I-485 as a self-petitioning spouse of a US Citizen under VAWA.

 

Moreover, demanding further documentation regarding the abusive (ex-)spouse goes contrary to the spirit and intent of VAWA. Especially when demanding a document such as a US Passport or Naturalization Certificate of such spouse since I am simply unable to obtain them outside of my (ex-)spouse giving them to me. Such a demand essentially places veto power over 3 year naturalization under VAWA in hands of an abusive (ex-)spouse.

 

In light of the foregoing I ask that you proceed with my N-400 application for naturalization.

 

_______________________

[Your name]

 

Attachments:

Exhibit A: Naturalization for VAWA Lawful Permanent Residents Fact Sheet

Exhibit B: N-400 Instructions Page 13

Exhibit C: Copy of I-360 Approval Notice

Exhibit D: Copy of my permanent resident card

Thank you so much for your kind help and support you are so helpful 

[Quazi 0]

Hello i filed i360 with i485, i765, i131 they accepted the i360 and rejected i485, i765 and i131 saying i didn't have any underlining application pending in march 2024 may 2024 i received prima facie letter june i received i765 receipt notice with c31 i thought you only get c31 when i360 is approved

[Slyfaux 4]

On 6/24/2024 at 9:36 PM, Slyfaux said:

I have been following this group to get information about vawa. Today, I am excited to inform everyone that I got my vawa approved last week Friday.

 

Here is my timeline:

 

May 2021: Vawa filled

August 2021: I485, Ead

March 2022: Ead approved

Dec2023: Made a request for case expadite

March 2024: Uscis officer responded that there is a background check going on my case. Should contact them in another six months if no response is received.

June 2024: Vawa Approved (No rfe)

 

I am based in Dallas Texas, can someone enlighten me on how long it will take to process my I485 and what is the timeline like to get the I485 approved.

 

 

Can someone answer my question?

[Braveheart123 146]

I have a request that can some one update to file for FOIA of third party regarding the abuser passport record is this possible any suggestion is Wellcome 

[TBoneTX 45,259]

It's still Wednesday in a couple of time zones, so there's still time for our Semiofficial Semiweekly VAWA-Thread Joke:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~

DIET

 

A man burst into a doctor's office.  He had a banana in his left ear, a rutabaga in his right ear, and a carrot up his nose.  "What's the matter with me, Doc?!" he cried.

 

"You're not eating properly," said the doctor.

 

[balo101 669]

14 hours ago, Slyfaux said:

Can someone answer my question?

it could take anywhere 6 months to 1 year. Check your local field office how long they are taking to approve form i-485.

[balo101 669]

14 hours ago, Quazi said:

Hello i filed i360 with i485, i765, i131 they accepted the i360 and rejected i485, i765 and i131 saying i didn't have any underlining application pending in march 2024 may 2024 i received prima facie letter june i received i765 receipt notice with c31 i thought you only get c31 when i360 is approved

Why they rejected your form i-485 and others? When did you filled everything?

[Dreamer7 19]

16 hours ago, Slyfaux said:

Can someone answer my question?

They were holding my i485 since 2020 oct and I filed vawa dec 2020. Vawa approved feb 2024 and they request medical for i485 april 2024. Responded may 13 and they got it may 15. When I did congress inquiry they stated that my i485 currently at my local office even though rfe came from nbc so I assume they transferred to field office and nothing yet…. Any idea people

[balo101 669]

53 minutes ago, Dreamer7 said:

They were holding my i485 since 2020 oct and I filed vawa dec 2020. Vawa approved feb 2024 and they request medical for i485 april 2024. Responded may 13 and they got it may 15. When I did congress inquiry they stated that my i485 currently at my local office even though rfe came from nbc so I assume they transferred to field office and nothing yet…. Any idea people

just give it 60 days after that contact your congress person or make the info pass appointment. I am sure you will get the news before the 60th day. 

[Dreamer7 19]

1 hour ago, balo101 said:

just give it 60 days after that contact your congress person or make the info pass appointment. I am sure you will get the news before the 60th day. 

You are so positive I wish:(. My congress person reached them out and they said don’t contact at least 90 days after their response . Interview or waive I’m so freaking sick!

[balo101 669]

10 minutes ago, Dreamer7 said:

You are so positive I wish:(. My congress person reached them out and they said don’t contact at least 90 days after their response . Interview or waive I’m so freaking sick!

I have seen people approved within 60 days after sending RFE so i am very positive you will be approved before July 15. 

[God is a good God 238]

On 6/21/2024 at 7:07 PM, Salyyen said:

I do have the witnesses letter 3-4 

police report calls and text harassment 

Good moral 6-8 people 

pic and statement of physical abuse 

and the evaluation 

 

Make sure witnesses letters are notorized 

[Pinkrlion 2,715]

On 6/26/2024 at 5:19 PM, Slyfaux said:

Can someone answer my question?

I-485 will get transferred to Clearing house. When Dallas states they are ready for your case to be transferred, the Clearing house will review your application, request for more information, and send it to Dallas. Dallas will determine when you will interview. 
 

No one can tell you how long that we be, however you will probably have another one year wait.