VAWA, Part 27

[J2020 94]

On 7/8/2024 at 8:06 AM, DimaSta4321 said:

@Demise @balo101 @TBoneTX Thank you all! 
 

N-400 application done on 7/7/2024 (82 days in advance).

Biometrics reuse notice received immediately.

Received ~7 months estimate.

In How many years + months + days exactly did you apply? 

[DimaSta4321 7]

4 hours ago, J2020 said:

In How many years + months + days exactly did you apply? 

82 days before 3 year mark since LPR date.

[DimaSta4321 7]

9 hours ago, Salyyen said:

 
I have 4 witnesses from close friends is that good and enough 

This should be enough. I had 3 total, but mine were from the abuser family directly (all US citizens).
if you are getting your witness statements from people based abroad you will also need legally notarized translation into English.

[DimaSta4321 7]

9 hours ago, BollyB1 said:

My VAWA finally got approved yesterday. Last time it was approved in 2022 they changed it to name was updated and after so many back and forth they said it was a system glitch. Don’t want to jinx it, it says Card is being produced this time so waiting on the actual a C31 and approval letter… Already have my recently renewed 5years Work permit but can’t wait for this whole process to be over. Scheduling to do my medicals ahead of time just so it’s ready. What are the vaccines I can do with insurance to cut down cost? I already have the Covid ones, I was thinking if possible to do some with my medical insurance, get the medical clearance and present them to the civil surgeon so I don’t have to repeat them, then I do whatever tests that’s essential for the I693. What do you all think?

 

timeline:

I130 was sometime in 2020… I don’t care but approved May 2021

Filed I360 on May 2021

Biometrics August 2021

Prima Facie letter Sept 2021

Card is being produced (I765) February 2022

Case is approved (I131) February 2022

Case is approved (I360) July 2022

Name was updated (I360) October 2022

Case was Approved (I131 renewal) June 2024

Card was delivered to me by post office (I765 renewal) July 2024

New Card is being produced (I360) July 2024

 

 

Amazing! I know the feeling! Congrats

[Salyyen 3]

20 minutes ago, DimaSta4321 said:

This should be enough. I had 3 total, but mine were from the abuser family directly (all US citizens).
if you are getting your witness statements from people based abroad you will also need legally notarized translation into English.

My witnesses are all U.S. citizens! 
just friends since we used to live in another state and our family in different state 

[Sandra G. 5,047]

8 hours ago, DimaSta4321 said:

This should be enough. I had 3 total, but mine were from the abuser family directly (all US citizens).
if you are getting your witness statements from people based abroad you will also need legally notarized translation into English.

The translation can be done by anyone fluent in english, but he can't translate tho. It doesn't need to be notarized, but whoever translates must provide a translation certification.   https://immigrantjustice.org/sites/default/files/Appendix J - Certificates of Translation for Foreign Affidavits and Documents.pdf

 

Edited July 11 by Sandra G.

[Sandra G. 5,047]

On 7/3/2024 at 1:13 PM, ridimic1 said:

hello all, i got vawa greencard approved december 3rd 2021, counting from then this coming december will make it 3years to file citizenship.

 

i heard i can file from 90 days to the december which will make it september 3rd.

 

is this correct and can i file this online, cos the uscic tool doesnt not qualify me to file unless it gets to 3 years

https://www.uscis.gov/forms/uscis-early-filing-calculator

[Sandra G. 5,047]

On 6/30/2024 at 10:59 PM, Salyyen said:

is it important to have witnesses? 
Cuse I have police report harassment calls 

and I have the evaluation 

and I have a pic of the physical abuse and statement 

and I have to many good morals from friends 

 

Are these are enough for the rfe to prove the abuse 

If your friends and family knew about the abuse, include their affidavits.

[Sandra G. 5,047]

On 6/26/2024 at 11:07 AM, 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

 

The USCIS has issued Green cards in error in many cases, and the officer adjudicating the N400 may ask for additional documentation if he notices the error. In the event that the applicant was not able to prove that his or her spouse was a U.S citizen or GC holder for whatever reason, then the GC was issued incorrectly. A social security card or driver's license does not constitute proof that a person is a U.S. citizen.

On 6/26/2024 at 11:07 AM, 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

 

The USCIS has issued Green cards in error in many cases, and the officer adjudicating the N400 may ask for additional documentation if he notices the error. In the event that the applicant was not able to prove that his or her spouse was a U.S citizen or GC holder for whatever reason, then the GC was issued incorrectly. A social security card or driver's license does not constitute proof that a person is a U.S. citizen.

On 6/26/2024 at 11:07 AM, 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

 

The USCIS has issued Green cards in error in many cases, and the officer adjudicating the N400 may ask for additional documentation if he notices the error. In the event that the applicant was not able to prove that his or her spouse was a U.S citizen or GC holder for whatever reason, then the GC was issued incorrectly. A social security card or driver's license does not constitute proof that a person is a U.S. citizen.

[Sandra G. 5,047]

5 minutes ago, Sandra G. said:

 

The USCIS has issued Green cards in error in many cases, and the officer adjudicating the N400 may ask for additional documentation if he notices the error. In the event that the applicant was not able to prove that his or her spouse was a U.S citizen or GC holder for whatever reason, then the GC was issued incorrectly. It is not sufficient to present a social security card or driver's license as proof of citizenship.

 

 

My ex-hairdresser applied for naturalization after holding her GC for ten years. It was determined that her GC had been issued in error. As a result of her case being sent to the Court, her permanent residence was revoked

 

Edited July 11 by Sandra G.

[Salyyen 3]

25 minutes ago, Sandra G. said:

If your friends and family knew about the abuse, include their affidavits.

My friend I have some knew about it ! 
 

but family I don’t have family here 

[Sandra G. 5,047]

On 6/26/2024 at 5:53 PM, 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

Did you submit.a copy  of the  I-360 receipt along with your I-485?

[Sandra G. 5,047]

On 6/18/2024 at 2:21 PM, Braveheart123 said:

Can some one guide me that what is the ways to get the citizenship proof of the abuser if she is naturalized beside the FOIA to USCIS or voter registration because both these ways are not working for me what else method can be used.

Ask USCIS to search in their records about her immigration status, send copy of her SSN),  and USCIS will conduct a search of DHS records to verify her status.

[Demise 1,277]

4 hours ago, Sandra G. said:

The USCIS has issued Green cards in error in many cases, and the officer adjudicating the N400 may ask for additional documentation if he notices the error. In the event that the applicant was not able to prove that his or her spouse was a U.S citizen or GC holder for whatever reason, then the GC was issued incorrectly. A social security card or driver's license does not constitute proof that a person is a U.S. citizen.

Well this is still something that should still be argued regardless because the officer did act contrary to policy where USCIS is not supposed to inquire or demand further documentation regarding the ex-spouse. Moreover the only claim of error could be made in regards to the I-360 which is something field office workers are not supposed to inquire about or attempt to re-adjudicate. In order to try to pull the I-360 back regarding whether the ex was a citizen or not the officer would need to somehow come into information that the spouse was not a US citizen.

 

Obviously whatever Braveheart123 gave to VSC was enough to establish the ex's citizenship whether the ex was a naturalized citizen (where they could find him in his own records), or if there was a previous I-129F/I-130 filed for Braveheart123 or for any other person, or if they maybe had to inquire with the DOS, SSA, or any state agency. In similar vein there's no requirement for the ex to have remained a citizen (which might be at least one angle the IO is trying to push, well he was a citizen, is he still?) and indeed in this case it looks like the ex is dead.

 

Like where's the logic to demand a passport of the abusive ex during naturalization when the citizenship was already established during the I-360 adjudication, like VAWA already comes presumption that one has to work with scraps. Finally, the voting record might've been the linchpin proof since well, have to be a citizen to vote outside of a few localities which likely split the registration into two parts.

Edited July 11 by Demise

[Braveheart123 146]

5 hours ago, Sandra G. said:

 

The USCIS has issued Green cards in error in many cases, and the officer adjudicating the N400 may ask for additional documentation if he notices the error. In the event that the applicant was not able to prove that his or her spouse was a U.S citizen or GC holder for whatever reason, then the GC was issued incorrectly. A social security card or driver's license does not constitute proof that a person is a U.S. citizen.

 

The USCIS has issued Green cards in error in many cases, and the officer adjudicating the N400 may ask for additional documentation if he notices the error. In the event that the applicant was not able to prove that his or her spouse was a U.S citizen or GC holder for whatever reason, then the GC was issued incorrectly. A social security card or driver's license does not constitute proof that a person is a U.S. citizen.

 

The USCIS has issued Green cards in error in many cases, and the officer adjudicating the N400 may ask for additional documentation if he notices the error. In the event that the applicant was not able to prove that his or her spouse was a U.S citizen or GC holder for whatever reason, then the GC was issued incorrectly. A social security card or driver's license does not constitute proof that a person is a U.S. citizen.

Well the point is that I provided the driver license green card and the voter information and only the citizen can vote  further to add here that the abuser is a US citizen and this was established by the VAWA unit moreover the establish this there is a method mention in VAWA policy manual chapter 2 and the VAWA unit has done due diligence needless to mention here that in n-400 instruction it’s mentioned that citizenship interview the status of the abuser should not be questioned because it was first established by VAWA unit then the case was transferred to national benefit center and then the adjustment is status field office has check the requirements now after 5 years sending an RFE in n-400 to send a copy of abuser citizenship certificate or us passport is almost impossible since we are already divorced and it’s very difficult for the victim of abuse to get the personal record of the abuser