VAWA, Part 27

[Hope4me 55]

Hello Fam,

I have been waiting since Feb 2020. I have decided to go the route of writ of mandamus as I have exhausted my options (congress person/senator, submitted FBI background check from a vendor, filled out an of our processing time form). I recall there was an extensive thread on writ of mandamus a while ago. I'd appreciate if someone can share or just tell me what I should be wary of.

[TBoneTX 45,591]

1 hour ago, Hope4me said:

I recall there was an extensive thread on writ of mandamus a while ago.

Here it is:

If it's confusing, you might post questions about it there.  People will answer.

[Sara32 1]

Is it possible to transfer the priority date of a withdrawn i-130 to the i-360? If yes, what is the process? 
also, does anybody know if it is better to file i-360 concurrently with i-485 or wait for the i-360 to be approved and file for i-130?

[Family 4,065]

1 hour ago, Sara32 said:

Is it possible to transfer the priority date of a withdrawn i-130 to the i-360? If yes, what is the process? 
also, does anybody know if it is better to file i-360 concurrently with i-485 or wait for the i-360 to be approved and file for i-130?

If you are the abused spouse of a US citizen, then priority date of I-130 is of no consequence to your case. 

If your spouse was an LPR , then PD of I-360 will automatically be assigned ( on approval) from the abusers I-130.

 

…but neither scenario skips or speeds up the usual processing time of the I-360.

 

You can file both I-360 /I-485 at same time if your abuser was a US citizen…no drawbacks, nor advantages…overall a good strategy.

 

You will never file another I-130..maybe a typo error…just an I-360
 

[Sara32 1]

5 hours ago, Family said:

If you are the abused spouse of a US citizen, then priority date of I-130 is of no consequence to your case. 

If your spouse was an LPR , then PD of I-360 will automatically be assigned ( on approval) from the abusers I-130.

 

…but neither scenario skips or speeds up the usual processing time of the I-360.

 

You can file both I-360 /I-485 at same time if your abuser was a US citizen…no drawbacks, nor advantages…overall a good strategy.

 

You will never file another I-130..maybe a typo error…just an I-360
 

Thank you very much for your reply.

My husband is an LPR and filed my I-130 on January 23, 2024. Based on the visa bulletin, I am now eligible to file the I-485. However, due to the abuse he has inflicted on me, I have not yet filed the I-485 based on the I-130 and would like to proceed with VAWA instead.

At this point, my question is: Can the priority date of the I-130 be transferred to the I-360? If it can, I would be able to file the I-360 and I-485 concurrently. If it cannot, I will need to file the I-360 at this time. I want to know if I can file concurrently or not.

I greatly appreciate your response. I am currently in a very difficult situation, with abuse all over my body, and I continue to stay with my husband solely to prevent him from withdrawing the I-130 and to retain the possibility of transferring the priority date from the I-130 to the I-360.

[Family 4,065]

2 hours ago, Sara32 said:

Thank you very much for your reply.

My husband is an LPR and filed my I-130 on January 23, 2024. Based on the visa bulletin, I am now eligible to file the I-485. However, due to the abuse he has inflicted on me, I have not yet filed the I-485 based on the I-130 and would like to proceed with VAWA instead.

At this point, my question is: Can the priority date of the I-130 be transferred to the I-360? If it can, I would be able to file the I-360 and I-485 concurrently. If it cannot, I will need to file the I-360 at this time. I want to know if I can file concurrently or not.

I greatly appreciate your response. I am currently in a very difficult situation, with abuse all over my body, and I continue to stay with my husband solely to prevent him from withdrawing the I-130 and to retain the possibility of transferring the priority date from the I-130 to the I-360.

Yes you can file I-485 concurrent if PD is current …see page 44 in link.

 

You are not thinking clearly , so please get out, get safe.
No  matter what he does w I-130 , it will NOT affect your vawa claim…so call for help. find a friend with a couch , find a free DV shelter …do something.
 

https://asistahelp.org/wp-content/uploads/2022/06/VAWA-Practice-Advisory-FAW-165050.pdf

[Sara32 1]

11 minutes ago, Family said:

Yes you can file I-485 concurrent if PD is current …see page 44 in link.

 

You are not thinking clearly , so please get out, get safe.
No  matter what he does w I-130 , it will NOT affect your vawa claim…so call for help. find a friend with a couch , find a free DV shelter …do something.
 

https://asistahelp.org/wp-content/uploads/2022/06/VAWA-Practice-Advisory-FAW-165050.pdf

Thank you very much for your response.

I am waiting for money from my workplace to be able to rent a place and leave.

Even if he withdraws the I-130, can I still file concurrently by submitting the receipt notice of the I-130 (even if it has been withdrawn) and request the transfer of the priority date?

I apologize for asking so many questions. Is there any file or resource you could share with me that would help me file on my own? The I-360 was straightforward, but I am unsure about which category and documents I need to include in my I-485 packet especially for work authorization.

I really appreciate your help. Thank you for assisting me.

[Family 4,065]

6 minutes ago, Family said:

Yes you can file I-485 concurrent if PD is current …see page 44 in link.

 

You are not thinking clearly , so please get out, get safe.
No  matter what he does w I-130 , it will NOT affect your vawa claim…so call for help. find a friend with a couch , find a free DV shelter …do something.
 

https://asistahelp.org/wp-content/uploads/2022/06/VAWA-Practice-Advisory-FAW-165050.pdf

My recall is a bit fuzzy , so hoping others can jump in.. @Demise help me out. I remember the F-2A I-130 had to be approved, not just pending to do concurrent adj…does that apply to I-360 F-2A?

[Family 4,065]

2 minutes ago, Sara32 said:

Thank you very much for your response.

I am waiting for money from my workplace to be able to rent a place and leave.

Even if he withdraws the I-130, can I still file concurrently by submitting the receipt notice of the I-130 (even if it has been withdrawn) and request the transfer of the priority date?

I apologize for asking so many questions. Is there any file or resource you could share with me that would help me file on my own? The I-360 was straightforward, but I am unsure about which category and documents I need to include in my I-485 packet especially for work authorization.

I really appreciate your help. Thank you for assisting me.

 

Getting an apartment will be nice and is a great long term plan…BUT you indicated you are bruised so just walk away to safety…to a friend or to a FREE women’s DV shelter .  Don’t fool yourself into thinking’ he’s not that bad..’ things can go nuclear very fast when you least expect it. 
 

The DV shelter will also provide you w free legal help .
 

 

 

The I-485 just asks you to check basis of VAWA and submit info on I-130. You can add a simple sentence to claim priority date of xyz from I-130 case # abc on the last page of the I-485. 
 

‘’Since you are filing concurrent only one set of supporting docs needed. So your B/C,marriage cert ,  proof of entry that are part of your I-360 will suffice. The I-360 should of course have documentation of abuse, victim statement, abusers LPR status, joint life evidence, your good moral character/police clearance letters .

 

So I-765 is C-09 when filed w I-485

 

You can look over Fee Waiver guidelines for I-485/I-765 and even I-131.

https://www.uscis.gov/i-912

[Demise 1,304]

2 hours ago, Family said:

My recall is a bit fuzzy , so hoping others can jump in.. @Demise help me out. I remember the F-2A I-130 had to be approved, not just pending to do concurrent adj…does that apply to I-360 F-2A?

Priority date has to be current as per the "dates for filing" table or just current in general in order to file I-485. Aside for a I-526 (and maybe some EB-4s since there's like 30 of them) you don't need the petition in question to be approved first and can file while its pending.

 

Currently the dates for filing dates for F2A are like 3 months back. So in theory you could file an F2A I-130 or I-360 and then a few months later file I-485 once the chart catches up.

 

In this case if an I-130 was filed then the I-360 can inherit the priority date even if the petition was denied, withdrawn, or revoked, make sure to attach a copy of the receipt or some other information to help track it down and file I-485 concurrently with the I-360.

 

https://niwaplibrary.wcl.american.edu/wp-content/uploads/Aleinikoff__41696_1B42EBEED3605.pdf

Edited September 14 by Demise

[Sara32 1]

58 minutes ago, Demise said:

Priority date has to be current as per the "dates for filing" table or just current in general in order to file I-485. Aside for a I-526 (and maybe some EB-4s since there's like 30 of them) you don't need the petition in question to be approved first and can file while its pending.

 

Currently the dates for filing dates for F2A are like 3 months back. So in theory you could file an F2A I-130 or I-360 and then a few months later file I-485 once the chart catches up.

 

In this case if an I-130 was filed then the I-360 can inherit the priority date even if the petition was denied, withdrawn, or revoked, make sure to attach a copy of the receipt or some other information to help track it down and file I-485 concurrently with the I-360.

 

https://niwaplibrary.wcl.american.edu/wp-content/uploads/Aleinikoff__41696_1B42EBEED3605.pdf

Thank you very much for your answer. Is there any file or website where I can find step-by-step instructions for filing?

Or any advocate who can check my document once everything is all completed by me? I don’t know anything about the process and am really in need of help.

I called some non profit lawyers and they told me they would contact me after six weeks.

3 hours ago, Family said:

 

Getting an apartment will be nice and is a great long term plan…BUT you indicated you are bruised so just walk away to safety…to a friend or to a FREE women’s DV shelter .  Don’t fool yourself into thinking’ he’s not that bad..’ things can go nuclear very fast when you least expect it. 
 

The DV shelter will also provide you w free legal help .
 

 

 

The I-485 just asks you to check basis of VAWA and submit info on I-130. You can add a simple sentence to claim priority date of xyz from I-130 case # abc on the last page of the I-485. 
 

‘’Since you are filing concurrent only one set of supporting docs needed. So your B/C,marriage cert ,  proof of entry that are part of your I-360 will suffice. The I-360 should of course have documentation of abuse, victim statement, abusers LPR status, joint life evidence, your good moral character/police clearance letters .

 

So I-765 is C-09 when filed w I-485

 

You can look over Fee Waiver guidelines for I-485/I-765 and even I-131.

https://www.uscis.gov/i-912

Thank you for your answer. You really helped me a lot.

[balo101 669]

Hello Family and @Demise

 

I would like to know how much does VAWA cost with i-485, i-765, and I-131 now. I know i-360 is free but would like to know fees associated with other forms. I would like to find out some one i know and since USCIS changed the fees recently so i am not sure how much it cost now. If anyone lately applied please response back. 

 

Thanks. 

Edited September 14 by balo101

[Demise 1,304]

1 hour ago, balo101 said:

Hello Family and @Demise

 

I would like to know how much does VAWA cost with i-485, i-765, and I-131 now. I know i-360 is free but would like to know fees associated with other forms. I would like to find out some one i know and since USCIS changed the fees recently so i am not sure how much it cost now. If anyone lately applied please response back. 

 

Thanks. 

I-360: $0

I-485: $0

I-765: $0

I-131: $0

I-864W: $0

I-693: $0 to file, civil surgeon will charge you for the medical exam

 

Fee schedule can be found here, and while the fee hikes here and there have been a net negative basically all VAWA forms are free now. Only exception being N-400 and I-290B. Everything else: waivers like I-601, I-601A, I-212 and any related forms like renewal/replacement I-765/I-131, I-751, or I-824 are also free.

https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf

Edited September 14 by Demise

[ridimic1 36]

hello. i just filed n400 90 DAYS before my 3 years mark. my question is this;  is there a possibility that i will get scheduled an interview before my3 year mark which will be in december 10th? or does the interview have to be after the 3 year mark?

[TBoneTX 45,591]

It is Sunday -- just in time for our intensely needed Official Weekly VAWA-Thread Joke:

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

WHAT?

 

Why is snow different from Sunday?

Because snow can fall on any day of the week.

 

What does a person usually grow in a garden if they work really hard?

Tired.

 

What is red and smells like paint?

Red paint.

 

What dog keeps good time?

A watch dog.

 

What's the difference between an old penny and a new dime?

Nine cents.

 

What moves faster:  heat or cold?

Heat -- you can catch cold.

 

What's the definition of a hot time?

A clock in the oven.

 

If you throw a white stone into the Red Sea, what does it become?

Wet.

 

What makes more noise than a pig stuck under a fence?

Two pigs stuck under a fence.

 

What is most like half a cheese?

The other half.