VAWA, Part 27

[Roms2019 15]

4 hours ago, Sandra G. said:

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6#:~:text=5.,the applicant resided before departure.

 

Thank you Sandra,

It clears to me now.

[Poupis 52]

I have my interview soon and the lawyer who is coming with me is really freaking me out saying they might deny or put my case on hold because I’m not divorced from the abuser. “If he was that bad you would be divorced by now”. Is this true? I didn’t get divorced because I don’t know where my ex is and I was very scared to look after him. My plan was to start dealing with that after I have my document and feel more confident about myself. Please share your thoughts. Thank you

Just now, Poupis said:

I have my interview soon and the lawyer who is coming with me is really freaking me out saying they might deny or put my case on hold because I’m not divorced from the abuser. “If he was that bad you would be divorced by now”. Is this true? I didn’t get divorced because I don’t know where my ex is and I was very scared to look after him. My plan was to start dealing with that after I have my document and feel more confident about myself. Please share your thoughts. Thank you

I forgot to mention that he is not the lawyer in my case - he is only coming to the interview with me 

[TBoneTX 44,391]

2 hours ago, Poupis said:

the lawyer who is coming with me is really freaking me out saying they might deny or put my case on hold because I’m not divorced from the abuser [...] he is only coming to the interview with me

Tell him that with an unsupportive, unreassuring attitude like that, he can stay home.  An attorney accompanying you is to be your advocate and to support you.  Call your own lawyer, describe all this, and demand alternatives.

[BollyB1 18]

3 hours ago, Poupis said:

I have my interview soon and the lawyer who is coming with me is really freaking me out saying they might deny or put my case on hold because I’m not divorced from the abuser. “If he was that bad you would be divorced by now”. Is this true? I didn’t get divorced because I don’t know where my ex is and I was very scared to look after him. My plan was to start dealing with that after I have my document and feel more confident about myself. Please share your thoughts. Thank you

I forgot to mention that he is not the lawyer in my case - he is only coming to the interview with me 

I always say this (not legal advice) but no 1 case is the same! Each and everyone of us have different forms and spheres of experience with abuse/violence that no one scenario is the same. You should be confident if you have all your facts right and receipts as proof. Don’t be scared, go there, answer the questions correctly and don’t over speak… my 2cents… p.s that lawyer needs a new specialization, not vawa. 

[Roms2019 15]

4 hours ago, Poupis said:

I have my interview soon and the lawyer who is coming with me is really freaking me out saying they might deny or put my case on hold because I’m not divorced from the abuser. “If he was that bad you would be divorced by now”. Is this true? I didn’t get divorced because I don’t know where my ex is and I was very scared to look after him. My plan was to start dealing with that after I have my document and feel more confident about myself. Please share your thoughts. Thank you

I forgot to mention that he is not the lawyer in my case - he is only coming to the interview with me 

Like TBone just said tell him to stay home, he is not a lawyer.

My vawa was approved and i went to the interview while i was still married and got approved in the interview.

So you can relax and bring us the good new after your interview.

[Lyftpie 0]

Hello everyone, I have a question..

 

My I-360 and I-485 was approved in late 2022 and got my green card in January 2023. My fiance has an E2 visa and we are intending to marry in October 2024, with intending to file for I-130 in early 2025. I am aware that we cannot file I-485 concurrently, but was wondering if I can file for an I-765 concurrently with I-130?

 

Thank you so much!

 

@Sandra G., I hope your expertise can help with my situation above. I appreciate all the help that you’ve given me in the past!

[OldUser 5,855]

2 hours ago, Lyftpie said:

I am aware that we cannot file I-485 concurrently, but was wondering if I can file for an I-765 concurrently with I-130?

I-765 depends on pending I-485. You cannot get it without AOS pending.

Fiance can continue working on E2. Once I-485 is filed, I-765 can be filed together with it.

[Demise 1,214]

14 hours ago, Poupis said:

I have my interview soon and the lawyer who is coming with me is really freaking me out saying they might deny or put my case on hold because I’m not divorced from the abuser. “If he was that bad you would be divorced by now”. Is this true? I didn’t get divorced because I don’t know where my ex is and I was very scared to look after him. My plan was to start dealing with that after I have my document and feel more confident about myself. Please share your thoughts. Thank you

I forgot to mention that he is not the lawyer in my case - he is only coming to the interview with me 

Not a factor. Back in the day that might've been a factor where USCIS wanted you to be divorced and if you are divorced then you initiated it. That's no longer a factor or a requirement.

When it I filed my I-485 I was still technically married. My ex was the one to file for divorce (which I just defaulted on) and the divorce order was entered like 2 weeks before my interview date.

 

I'd recommend getting a different lawyer honestly. Only things they really need to do is give you a prep and tell you what to say to the more difficult questions and interject if you screw up or the officer is giving you a hard time.

 

3 hours ago, Lyftpie said:

Hello everyone, I have a question..

 

My I-360 and I-485 was approved in late 2022 and got my green card in January 2023. My fiance has an E2 visa and we are intending to marry in October 2024, with intending to file for I-130 in early 2025. I am aware that we cannot file I-485 concurrently, but was wondering if I can file for an I-765 concurrently with I-130?

 

Thank you so much!

 

@Sandra G., I hope your expertise can help with my situation above. I appreciate all the help that you’ve given me in the past!

Naturalize first and then marry and file.

Why? Few reasons:

1. While a remarriage should not be a factor for VAWA naturalization, some members here have reported USCIS giving them issues to naturalize under the VAWA 3 year provision when they remarried. Don't remember who but I do remember one or two who did report it. 

2. F2A is currently backlogged about 3 years.

3. I-130 filed for spouse by an LPR who got their permanent residency via marriage to a US citizen or LPR (that includes VAWA self-petitions) cannot be approved unless one of the following applies:

a. You can prove by "clear and convincing evidence" (i.e. 75% certainty) that your previous marriage wasn't entered solely for immigration benefits (normal standard is "preponderance of evidence" i.e. 51%), or;

b. Your previous marriage was terminated by death of you ex.

c. You've been an LPR for at least 5 years.

d. You've naturalized.

 

So take your green card, look at the resident since date, add 3 years, subtract like 85 days, and that's the day when you should file N-400. Then naturalize, marry your fiance, and petition for him/her.

Doing so you skip over all 3 issues:

1. You're not remarried yet so the question of remarriage vs VAWA naturalization does not apply.

2. Immediate relative category is not subject to any numerical limitations, so you can file I-130/I-130A/I-485/I-765/I-131/I-864/I-693 immediately.

3. You've naturalized so the 5 year waiting period no longer applies either.

Edited July 25 by Demise

[kenyy10 0]

Hi folks

I had my interview today after filling for Mandamus. I would like to know your opinion 
Officer was friendly, started saying this was an “easy case” but then started asking questions not really related to abuse or marriage but he was kind of “in doubt” about my case.

He was very honest by saying I had a very weak VAWA case and that he doesn’t know how it got approved but “that was not his business” he wasn’t trained for that. I got so nervous

 

By the end of the interview he said he was going to recommend my case for approval and handed me that white paper saying my case is under review.

 

since it is a Mandamus case he needs to give an answer by the next feel days. He said he would try to get it “approved” by today or tomorrow. Nothing got updated today so I’m hoping for some news tomorrow. Anyways I’m still very worried about his comments about my case. 
 

Can they deny a green card for his “suspicious” about an already approved vawa?

 

Do you know anyone who officer said he was going to recommend for approval and ended up being denied?

 

Any thoughts would be appreciated 

 

[balo101 664]

48 minutes ago, kenyy10 said:

Hi folks

I had my interview today after filling for Mandamus. I would like to know your opinion 
Officer was friendly, started saying this was an “easy case” but then started asking questions not really related to abuse or marriage but he was kind of “in doubt” about my case.

He was very honest by saying I had a very weak VAWA case and that he doesn’t know how it got approved but “that was not his business” he wasn’t trained for that. I got so nervous

 

By the end of the interview he said he was going to recommend my case for approval and handed me that white paper saying my case is under review.

 

since it is a Mandamus case he needs to give an answer by the next feel days. He said he would try to get it “approved” by today or tomorrow. Nothing got updated today so I’m hoping for some news tomorrow. Anyways I’m still very worried about his comments about my case. 
 

Can they deny a green card for his “suspicious” about an already approved vawa?

 

Do you know anyone who officer said he was going to recommend for approval and ended up being denied?

 

Any thoughts would be appreciated 

 

Do not worry. You will get approved by tomorrow. 

on what basis he said your case is weak? 

[kenyy10 0]

25 minutes ago, balo101 said:

Do not worry. You will get approved by tomorrow. 

on what basis he said your case is weak? 

I360 stuff like not enough evidence of marriage and abuse but it got approved last year 🤷🏾

So I honestly have no clue of what could be the outcome of the interview because at the same time he seems very suspicious about my case - he said it was an “easy case” “do not worry” and then “I will recommend for approval”. 
 

I’m worried he was only saying that because it was a Mandamus and trying to not having me trying to explain things for him - if that makes sense?

Edited July 26 by kenyy10

[TBoneTX 44,391]

5 hours ago, kenyy10 said:

“that was not his business” he wasn’t trained for that

Then his comment was completely out of line.  He has no retroactive power, so ignore his comment... unless you want to report it to his supervisor after your mandamus is approved.   

[Braveheart123 142]

3 hours ago, kenyy10 said:

I360 stuff like not enough evidence of marriage and abuse but it got approved last year 🤷🏾

So I honestly have no clue of what could be the outcome of the interview because at the same time he seems very suspicious about my case - he said it was an “easy case” “do not worry” and then “I will recommend for approval”. 
 

I’m worried he was only saying that because it was a Mandamus and trying to not having me trying to explain things for him - if that makes sense?

What is your field office and have you filed your mandamus writ by your self or by attorney moreover is your attorney is with you in the interview 

[Lyftpie 0]

On 7/25/2024 at 7:12 AM, Demise said:

Naturalize first and then marry and file.

Why? Few reasons:

1. While a remarriage should not be a factor for VAWA naturalization, some members here have reported USCIS giving them issues to naturalize under the VAWA 3 year provision when they remarried. Don't remember who but I do remember one or two who did report it. 

2. F2A is currently backlogged about 3 years.

3. I-130 filed for spouse by an LPR who got their permanent residency via marriage to a US citizen or LPR (that includes VAWA self-petitions) cannot be approved unless one of the following applies:

a. You can prove by "clear and convincing evidence" (i.e. 75% certainty) that your previous marriage wasn't entered solely for immigration benefits (normal standard is "preponderance of evidence" i.e. 51%), or;

b. Your previous marriage was terminated by death of you ex.

c. You've been an LPR for at least 5 years.

d. You've naturalized.

 

So take your green card, look at the resident since date, add 3 years, subtract like 85 days, and that's the day when you should file N-400. Then naturalize, marry your fiance, and petition for him/her.

Doing so you skip over all 3 issues:

1. You're not remarried yet so the question of remarriage vs VAWA naturalization does not apply.

2. Immediate relative category is not subject to any numerical limitations, so you can file I-130/I-130A/I-485/I-765/I-131/I-864/I-693 immediately.

3. You've naturalized so the 5 year waiting period no longer applies either.

 

@Demise, thank you so much for your response and yes, that makes sense! If I file 85 days before my "resident since" date, what is the usual timeline for that? Thank you again.

[Demise 1,214]

3 minutes ago, Lyftpie said:

 

@Demise, thank you so much for your response and yes, that makes sense! If I file 85 days before my "resident since" date, what is the usual timeline for that? Thank you again.

8ish months from cursory look at the processing times. Varies by field office.

https://egov.uscis.gov/processing-times/