Jump to content

1,738 posts in this topic

Recommended Posts

Filed: Other Country: Nigeria
Timeline

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.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ecuador
Timeline
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.

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01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.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

Link to comment
Share on other sites

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
 

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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?

Link to comment
Share on other sites

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

Link to comment
Share on other sites

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 by Demise

Contradictions without citations only make you look dumb.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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 by balo101
Link to comment
Share on other sites

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 by Demise

Contradictions without citations only make you look dumb.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ecuador
Timeline

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.

: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(!).

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...