VAWA, Part 27

[God is a good God 238]

10 hours ago, Demise said:

Ask the senator to inquire on the I-601 instead. But do expect a "it'll be done when it's done" kind of answer.

 

I-290B and I-485 will just sit in the air until the I-601 gets a decision, then you know, if I-601 is denied then I-290B and I-485 are toast. If I-601 is approved that's when they can properly take a second crack at it.

Thank you, let me send the senator office an email

[Pinkrlion 2,724]

On 11/18/2024 at 7:48 PM, God is a good God said:

Hello all, I contacted my senator regarding my i485 which was denied because of I didn’t properly file i601 waiver, and filed I i290b motion to reconsider with a properly filed i601 waiver. And this is the response, what should I do?

 

        « Thank you for your inquiry, dated October 25, 2024 on behalf of your constituent, ****my name***, regarding their pending form I-485 Permanent Residence/Adjust Status (Family).

 

U.S. Citizenship and Immigration Services (USCIS) records indicate that ****my name****case is pending at this time. USCIS is committed to adjudicating immigration benefits in a timely, fair, and efficient manner while also ensuring public safety, national security, and compliance with all relevant laws, regulations, and policies. While the processing steps for most applications or petitions are completed quickly, a small percentage of cases involve unresolved issues that may result in adjudication delays. For example, if our review reveals one or more questions that may impact an individual’s eligibility for a particular immigration benefit, further inquiry may be needed. The inquiry may include an additional interview, contact with another agency for updates or more comprehensive information, or some other action.

 

We are unable to determine at this time when the review process for the Form I-485 Permanent Residence/Adjust Status (Family) will be completed. USCIS will issue a decision on ****my name***** application once certain issues are resolved. We are striving to resolve these issues as soon as possible.  

 

We understand that ****my name******may be frustrated by the progress of their case. However, USCIS must balance individual inconvenience against broader issues of public safety and national security. Please remember case status may be monitored online at https://egov.uscis.gov/.

 

We respectfully request you allow at least 180 days from the date of this email before following up on the status of the case. If follow up is necessary, please send inquiries to us directly via our web portal at: https://www.uscis.gov/congress/congressional-web-portal/congressional-web-portal. Please make sure to select Office of Legislative Affairs (OLA) Office; Kansas City Field Office currently processing the case to avoid a delayed response.

 

We hope this information is helpful. If we may be of further assistance, please let us know.

 

Sincerely,

They are still verifying your background information. 

[Braveheart123 146]

Please is it true from December 24, USCIS will begin to conduct VAWA interviews?

[Demise 1,305]

1 hour ago, Braveheart123 said:

Please is it true from December 24, USCIS will begin to conduct VAWA interviews?

Partially.  https://hsdimmigrationlawyer.com/uscis-to-start-conducting-interviews-for-select-vawa-self-petitioners/

 

Basically it looks like they will be doing interviews for I-360 and I-485 at the same time, similar to how with a normal marriage an interview handles both an I-130 and I-485. Part of it is a knee-jerk reaction to some fraud investigations, part of it is working through the backlog by offloading a part of the I-360 onto the local field offices.

 

It doesn't appear like they will do interviews for standalone I-360.

 

Also keep in mind that they won't just interview everyone. Interviews on the I-360 will likely be either "everything looks okay, you just got randomly selected" or the tough cases where after an RFE and a NOID they're still not sure what to do about you (though they could just throw those for an interview rather than RFE, like they question the marriage bring proofs and do a show and tell about them in person), or the cases where they have to interview you due to some messy immigration history (like myself), or your lawyer is filing bogus petitions and they want to build a case against the lawyer.

 

Most likely, most will just coast to a decision without an interview and those who get interviewed will just get asked some questions about the I-360.

Edited November 21 by Demise

[Braveheart123 146]

41 minutes ago, Demise said:

Partially.  https://hsdimmigrationlawyer.com/uscis-to-start-conducting-interviews-for-select-vawa-self-petitioners/

 

Basically it looks like they will be doing interviews for I-360 and I-485 at the same time, similar to how with a normal marriage an interview handles both an I-130 and I-485. Part of it is a knee-jerk reaction to some fraud investigations, part of it is working through the backlog by offloading a part of the I-360 onto the local field offices.

 

It doesn't appear like they will do interviews for standalone I-360.

 

Also keep in mind that they won't just interview everyone. Interviews on the I-360 will likely be either "everything looks okay, you just got randomly selected" or the tough cases where after an RFE and a NOID they're still not sure what to do about you (though they could just throw those for an interview rather than RFE, like they question the marriage bring proofs and do a show and tell about them in person), or the cases where they have to interview you due to some messy immigration history (like myself), or your lawyer is filing bogus petitions and they want to build a case against the lawyer.

 

Most likely, most will just coast to a decision without an interview and those who get interviewed will just get asked some questions about the I-360.

Good explanation you mentioned that you have a messy immigration history in your case 

[Meingandu 3]

4 hours ago, Braveheart123 said:

Good explanation you mentioned that you have a messy immigration history in your case 

Messy? Are you pointing towards criminal back ground? Or frauds or combination of all? It’s good to have interview but we do not know what exactly they will be looking for. For marriage interviews we know what needs to be done. But for vawa we submitted the proofs. And some one with poor communication and not able to relate how attorneys present or put things in places will be a tough hill. 
 

also a question to all has anyone gotten a denial from USCIS explicitly saying as word “fraud”? 

[Prince18 0]

On 11/13/2024 at 11:29 AM, Prince18 said:

Hi everyone,

 

My previous post is above. I called USCIS yesterday and was told that my i485 was at Vermont. Keep in mind my Vawa was approved in July and I was told that my i485 was at NBC, now yesterday they said it’s at Vermont. 
 

Today I got an update stating that they sent Request for Initial Evidence for my i485. I am very nervous and have no idea as to what they might be asking for. 
 

1. Has anyone ever seen Vermont approve a i485 before? 
2. Do you have any experience or idea as to what evidence they are requesting?

3. How long before I get the notice? 
 

I appreciate your support. 
 

 

 

 

 

Good evening everyone,

 

This is a follow up message regarding the RFE based on pending I-485 which I received in the mail today. They’re requesting my medical.

 

After I send this off, what should I expect? Or how long before they approve the case? Should I be worried about this new things coming up about interview?

Edited November 22 by Prince18

[Braveheart123 146]

20 hours ago, Meingandu said:

Messy? Are you pointing towards criminal back ground? Or frauds or combination of all? It’s good to have interview but we do not know what exactly they will be looking for. For marriage interviews we know what needs to be done. But for vawa we submitted the proofs. And some one with poor communication and not able to relate how attorneys present or put things in places will be a tough hill. 
 

also a question to all has anyone gotten a denial from USCIS explicitly saying as word “fraud”? 

Let’s hop that the interview will not come in I-360

[Braveheart123 146]

Dear freind one of my friends who live in NYC along with his girl friend got married in Connecticut because there is long wait time in NYC to get marriage's licenses then they stated living together in NYC now my freind is suffering abuse and willing to file for VAWA but he has a question that will there be any issue in the case that they are both  living in NYC then why they went to Connecticut to get married need some suggestions so that I can help my freind who is victim of abuse

[Demise 1,305]

2 hours ago, Braveheart123 said:

Dear freind one of my friends who live in NYC along with his girl friend got married in Connecticut because there is long wait time in NYC to get marriage's licenses then they stated living together in NYC now my freind is suffering abuse and willing to file for VAWA but he has a question that will there be any issue in the case that they are both  living in NYC then why they went to Connecticut to get married need some suggestions so that I can help my freind who is victim of abuse

No, that's not a factor.

[Demise 1,305]

13 hours ago, Prince18 said:

Good evening everyone,

 

This is a follow up message regarding the RFE based on pending I-485 which I received in the mail today. They’re requesting my medical.

 

After I send this off, what should I expect? Or how long before they approve the case? Should I be worried about this new things coming up about interview?

 

Normally getting an RFE for medicals means that they've waived your interview, so ideally - an approval. Normally if they want to interview you, they'll send you a courtesy notice to get the medical done, and then the interview notice will state to bring it with you to the interview.

 

That's not always the case, I've had an RFE for medicals and then got interviewed as well. However I've had a messy immigration history (EWI, removal proceedings, marriage, I-130, reopened proceedings, admin closed proceedings, I-360, recalendar/terminate proceedings, I-485), I believe that with AOS after an EWI they have to interview you as a matter of policy though that rarely comes up since there's few ways you can AOS after an EWI (essentially just VAWA, SIJ, 245(i), and some really rare special categories).

 

How long, depends on the field office and just plain luck.

 

Should you be worried about an I-360 interview? No. We aren't exactly sure what the interviews on that will look like exactly, I personally believe they will use those more to question questionable marriages since in general they don't question the abuse parts unless you write complete nonsense.

 

Finally the biggest part of it all is that's for cases where the I-360 is currently pending. Everyone right now who has an I-485 with the field office had the I-360 already approved at VSC, so the new rules aren't applicable in your case anyways.

Edited November 22 by Demise

[Braveheart123 146]

21 hours ago, Demise said:

No, that's not a factor.

Thank you for clarification 

[Braveheart123 146]

21 hours ago, Demise said:

 

Normally getting an RFE for medicals means that they've waived your interview, so ideally - an approval. Normally if they want to interview you, they'll send you a courtesy notice to get the medical done, and then the interview notice will state to bring it with you to the interview.

 

That's not always the case, I've had an RFE for medicals and then got interviewed as well. However I've had a messy immigration history (EWI, removal proceedings, marriage, I-130, reopened proceedings, admin closed proceedings, I-360, recalendar/terminate proceedings, I-485), I believe that with AOS after an EWI they have to interview you as a matter of policy though that rarely comes up since there's few ways you can AOS after an EWI (essentially just VAWA, SIJ, 245(i), and some really rare special categories).

 

How long, depends on the field office and just plain luck.

 

Should you be worried about an I-360 interview? No. We aren't exactly sure what the interviews on that will look like exactly, I personally believe they will use those more to question questionable marriages since in general they don't question the abuse parts unless you write complete nonsense.

 

Finally the biggest part of it all is that's for cases where the I-360 is currently pending. Everyone right now who has an I-485 with the field office had the I-360 already approved at VSC, so the new rules aren't applicable in your case anyways.

You are a real fighter I hope you will narrate your full story thus will help the other members as well in terms of encouragement 

[Prince18 0]

On 11/22/2024 at 9:24 AM, Demise said:

 

Normally getting an RFE for medicals means that they've waived your interview, so ideally - an approval. Normally if they want to interview you, they'll send you a courtesy notice to get the medical done, and then the interview notice will state to bring it with you to the interview.

 

That's not always the case, I've had an RFE for medicals and then got interviewed as well. However I've had a messy immigration history (EWI, removal proceedings, marriage, I-130, reopened proceedings, admin closed proceedings, I-360, recalendar/terminate proceedings, I-485), I believe that with AOS after an EWI they have to interview you as a matter of policy though that rarely comes up since there's few ways you can AOS after an EWI (essentially just VAWA, SIJ, 245(i), and some really rare special categories).

 

How long, depends on the field office and just plain luck.

 

Should you be worried about an I-360 interview? No. We aren't exactly sure what the interviews on that will look like exactly, I personally believe they will use those more to question questionable marriages since in general they don't question the abuse parts unless you write complete nonsense.

 

Finally the biggest part of it all is that's for cases where the I-360 is currently pending. Everyone right now who has an I-485 with the field office had the I-360 already approved at VSC, so the new rules aren't applicable in your case anyways.

Thank you so much for your response.

[BlueTiger92 123]

On 11/20/2024 at 1:49 AM, Demise said:

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

N-400 instructions, page 13: https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf

Policy manual, Volume 12, Part 3, chapter 3, section F:

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

 

So basically you have to submit all the general documents (the ones that they want from everyone), then for the VAWA part:

If you have an IB1 or IB6 green card that's proof in itself.

If it's IR1, IR6, or IF1 then you'd need to include a copy granting you an I-751 on basis of VAWA.

If it's B21, B26, BX1, BX6, then it gets a bit more complicated since in this case you'd likely need to prove that the abusive spouse naturalized (3 years would count from date of their naturalization). I wasn't really able to find much for having USCIS check their record by A number.

If it's Z14 then you'd need to prove that you were married (or believed you were married) (since COR can be obtained on basis of a mutual child being abused by a citizen or LPR, and in case of LPR you'd likely need to prove that they've naturalized).

thank you so much!