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Filed: AOS (apr) Country: India
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1 hour ago, Demise said:

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.

Thank you for your kind help and support 

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Filed: AOS (apr) Country: India
Timeline
1 hour ago, Demise said:

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.

If your ex abuser spouse is dead Ie recently passed away will this effect your n-400 application even if you established that your ex was a US citizen when you filed for VAWA 

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8 hours ago, Braveheart123 said:

If your ex abuser spouse is dead Ie recently passed away will this effect your n-400 application even if you established that your ex was a US citizen when you filed for VAWA 

No, I already mentioned this before. While nothing in the regulations or policy manual directly addresses death, it does address a loss of citizenship (which is not a factor), and any kind of legal status ends with one's death. There is also no requirement for the ex to be alive.

 

This for example is why posthumous citizenship for soldiers who are KIA is backdated to the date of their death. Can't grant citizenship to a corpse and because they are considered to have died as a citizens a next of kin spouse is eligible to self-petition as a widow(er) now.

Contradictions without citations only make you look dumb.

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Filed: AOS (apr) Country: India
Timeline
6 minutes ago, Demise said:

No, I already mentioned this before. While nothing in the regulations or policy manual directly addresses death, it does address a loss of citizenship (which is not a factor), and any kind of legal status ends with one's death. There is also no requirement for the ex to be alive.

 

This for example is why posthumous citizenship for soldiers who are KIA is backdated to the date of their death. Can't grant citizenship to a corpse and because they are considered to have died as a citizens a next of kin spouse is eligible to self-petition as a widow(er) now.

Thank you for the clarification you are the best

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Filed: Citizen (apr) Country: Ecuador
Timeline
On 7/10/2024 at 1:52 PM, BollyB1 said:

My VAWA finally got approved yesterday.

Yee-HAAAAA!  :dance: 

[Note to T-B.'s self:  Jokes worked again... jokes worked again... :P ]

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Ecuador
Timeline

Delayed by Hurricane Beryl power-outages, here is our Wednesday Semiofficial Semiweekly VAWA-Thread Joke:

================================================================

FORGOT HIS PRAYERS

 

A husband and wife were dining at a 5-star restaurant.  When their food arrived, the husband said, "Our food has arrived!  Let's eat!"

 

His wife reminded him, "Honey, you always say your prayers at home before your dinner!"

 

Her husband replied, "That's at home, my dear.  HERE, the chef knows how to cook!"

:P 

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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18 hours ago, TBoneTX said:

Delayed by Hurricane Beryl power-outages, here is our Wednesday Semiofficial Semiweekly VAWA-Thread Joke:

================================================================

FORGOT HIS PRAYERS

 

A husband and wife were dining at a 5-star restaurant.  When their food arrived, the husband said, "Our food has arrived!  Let's eat!"

 

His wife reminded him, "Honey, you always say your prayers at home before your dinner!"

 

Her husband replied, "That's at home, my dear.  HERE, the chef knows how to cook!"

:P 

Hope you and yours are safe and dry now?

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Filed: Citizen (apr) Country: Ecuador
Timeline
8 hours ago, Deee Smith said:

Hope you and yours are safe and dry now?

How thoughtful of you!  Only a shared fence knocked down (was due for replacement anyway); power out for 62 uncomfortable hours; everyone safe.  Will hopefully keep presenting semiweekly VAWA-Thread Jokes to help keep spirits up here.  :) 

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Ecuador
Timeline

As promised just above, here is our Official Weekly VAWA-Thread Joke (appropriate for the political season):

=============================================
RESEARCHING THE FIANCÉE

 

An important politician kept very public company with a movie actress for a couple of months.  He finally decided to propose marriage.  However, being cautious, he hired a private detective to look into her past and find out if she'd had previous affairs with any men.

 

After a few days, the detective gave the politician this report.

 

"Sir, this lady has a spotless reputation.  Her past is clear, and her family and friends all have respectable backgrounds.  No one says anything against her character.  However, according to my sources, for the last couple of months she's been frequently seen flirting with a politician who has a highly dubious reputation."
:P 

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Can someone please give accurate info about Covid vaccine requirements? I have 2 doses Moderna from 2021 and just sent my medical may 2024, doctor signed everything and stated that I met vaccinations requirements but from Reddit people keep saying you need new Covid shot as of April 2024. The lates Covid shots you can use is from October 2023. Is it true? Now my case will be denied cuz of the freaking doctor?

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10 hours ago, Dreamer7 said:

Can someone please give accurate info about Covid vaccine requirements? I have 2 doses Moderna from 2021 and just sent my medical may 2024, doctor signed everything and stated that I met vaccinations requirements but from Reddit people keep saying you need new Covid shot as of April 2024. The lates Covid shots you can use is from October 2023. Is it true? Now my case will be denied cuz of the freaking doctor?

Listen to your doctor

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Filed: Country: Jamaica
Timeline
14 hours ago, Dreamer7 said:

Can someone please give accurate info about Covid vaccine requirements? I have 2 doses Moderna from 2021 and just sent my medical may 2024, doctor signed everything and stated that I met vaccinations requirements but from Reddit people keep saying you need new Covid shot as of April 2024. The lates Covid shots you can use is from October 2023. Is it true? Now my case will be denied cuz of the freaking doctor?

MD has final say so

Phase I - IV - Completed the Immigration Journey 

 

 

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20 hours ago, Dreamer7 said:

Can someone please give accurate info about Covid vaccine requirements? I have 2 doses Moderna from 2021 and just sent my medical may 2024, doctor signed everything and stated that I met vaccinations requirements but from Reddit people keep saying you need new Covid shot as of April 2024. The lates Covid shots you can use is from October 2023. Is it true? Now my case will be denied cuz of the freaking doctor?

Its responsibility of your surgeon to let you know if need the shot or not if they say you dont need it they explain that in medical form that they send. I had my latest COVID booster shot in 2023 Dec and I received an RFE for medical in June 2024. My surgeon said I am good and do not need booster nor do I need any flu vaccine as its not flu season, I have not taken flu vaccine in last 3 years and Voila!! I got approved within 2 weeks . So as everyone is saying trust your surgeon as its their responsibility as well to explain. It's good to be informed but do not trust what everyone says. So dont worry and just wait for approval. :) 

Edited by Priya25
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