VAWA, Part 27

[Angelmia 9]

On 12/24/2024 at 4:11 PM, Teetop said:

Hi, depending on where your divorce proceedings took place, have your lawyer in Nigeria go to the court registry to verify these documents, if need be correct all issues raised by uscis official, request CTC of all divorce proceedings and all related documents. NOTE: Also, do not complicate your case by changing your divorce suite filing number.. 

Thank you,  a lawyer is on it right now to verify all the documents and get the CTC

[Sam100 2]

2 hours ago, OldUser said:

This means everything is doubted and your case is pretty weak at the moment. That's a serious RFE. What all did you submit in terms of evidence?

I sent all the documents like, pictures, chats, i130 approvel in past etc 

[Milka10 0]

Hello everyone . Apparently after vawa was approved in Vermont my case was sent to NBC , then I see in the copy of I797C  they sent ( I never got an original letter ) it says i485 is handled by Vermont service center . Sandra @Sandra G. and anyone who may know the answers , could you please help me to understand 

1) why did it sent back to Vermont after NBC if I’m a NY filer 

2) seems they never updated my address when I sent ar11 couple years ago to Vermont . Where should I send new ar11 to change my address ? Or how to change the address properly ?
3) how long does it usually take to get rfe or interview notice after NBC (especially if it was sent back to Vermont  instead of local office ) as I was under impression that it should have been sent to nyc ? 
 

[OldUser 7,161]

58 minutes ago, Sam100 said:

I sent all the documents like, pictures, chats, i130 approvel in past etc 

It doesn't seem like it was enough evidence and USCIS issued RFE because of this.

 

Bonafide marriage evidence

Did you send any evidence of living together? Joint lease and copies of utility bills in both names?

 

Did you send evidence of comingling finances? Any joint banking account statements? Tax return transcripts showing you filed taxes jointly?

 

Any insurance policies (health, life, car) showing both names?

 

Any proof of travelling together or any big purchases as a married couple?

 

Any affidavits from friends, family, colleagues, building managers saying they knew you as a married couple?

 

Abuse evidence

Any police reports that were filed documenting abuse?

Any medical documented proof of physical abuse?

Any phychological evaluation showing damage abuser caused you?

Any records of you staying at shelter to be away from abuser?

Any affidavits from friends, family or witnesses of abuse?

 

 

 

Edited December 30, 2024 by OldUser

[Sam100 2]

5 hours ago, OldUser said:

It doesn't seem like it was enough evidence and USCIS issued RFE because of this.

 

Bonafide marriage evidence

Did you send any evidence of living together? Joint lease and copies of utility bills in both names?

 

Did you send evidence of comingling finances? Any joint banking account statements? Tax return transcripts showing you filed taxes jointly?

 

Any insurance policies (health, life, car) showing both names?

 

Any proof of travelling together or any big purchases as a married couple?

 

Any affidavits from friends, family, colleagues, building managers saying they knew you as a married couple?

 

Abuse evidence

Any police reports that were filed documenting abuse?

Any medical documented proof of physical abuse?

Any phychological evaluation showing damage abuser caused you?

Any records of you staying at shelter to be away from abuser?

Any affidavits from friends, family or witnesses of abuse?

 

 

 

I will send these docs now i think my lawyer didnt sent these before.
 

do you have any format for this affidavits ? 

Any affidavits from friends, family, colleagues, building managers saying they knew you as a married couple. 
 

i have Psychological Evaluation we ll send it now and also self Declaration

[Persica 4]

Hi everyone, 

 

I hope you all are doing well and having a nice holiday season. I have a couple of questions that I wanted to ask you all. I submitted my VAWA in Dec 2021, and have received I think around 5 Prima Facie's at this point, and currently I have an EAD/AP doc. I'm hoping to hear back from Vermont soon, and I might be getting an RFE for further evidence because my lawyer had to rush my filing due to urgence and we did not provide a lot of evidence that I had but wasn't in order for proof of abuse. I asked my lawyer back in July 2022 if we shuld send the rest of the documents and she said we should wait until we get an RFE and then submit everything. However, now since they are also intervewing for vawa, would it be better to send in all the evidence before even getting the RFE so they have everything on the file and would help during the interview if one is held?

My other question is based on me being prepared for all the scenarios, and one of the scenarios I want to prepare for is what happens if VAWA is denied and more than two years has passed since the divorce? In my case that would be Feb 1st 2025. Should I ask my lawyer to submit another filing with all the documents just in case since I'm currently eligible to file VAWA and won't be after Feb 1st 2025. What other options does a person have if let's say VAWA gets denied and you're out of window to refile?

Would really appreciate your help as I'm trying to be ready for all the scenarios even though I know my case is pretty strong, and I have good amount of evidence that we will submit once we get the RFE. Thanks a lot!

 

 

 

 

@Sandra G. @Demise 

Edited December 31, 2024 by Persica

[Demise 1,316]

56 minutes ago, Persica said:

Hi everyone, 

 

I hope you all are doing well and having a nice holiday season. I have a couple of questions that I wanted to ask you all. I submitted my VAWA in Dec 2021, and have received I think around 5 Prima Facie's at this point, and currently I have an EAD/AP doc. I'm hoping to hear back from Vermont soon, and I might be getting an RFE for further evidence because my lawyer had to rush my filing due to urgence and we did not provide a lot of evidence that I had but wasn't in order for proof of abuse. I asked my lawyer back in July 2022 if we shuld send the rest of the documents and she said we should wait until we get an RFE and then submit everything. However, now since they are also intervewing for vawa, would it be better to send in all the evidence before even getting the RFE so they have everything on the file and would help during the interview if one is held?

My other question is based on me being prepared for all the scenarios, and one of the scenarios I want to prepare for is what happens if VAWA is denied and more than two years has passed since the divorce? In my case that would be Feb 1st 2025. Should I ask my lawyer to submit another filing with all the documents just in case since I'm currently eligible to file VAWA and won't be after Feb 1st 2025. What other options does a person have if let's say VAWA gets denied and you're out of window to refile?

Would really appreciate your help as I'm trying to be ready for all the scenarios even though I know my case is pretty strong, and I have good amount of evidence that we will submit once we get the RFE. Thanks a lot!

 

 

 

 

@Sandra G. @Demise 

 

Honestly I'd sit on it. USCIS is pretty bad with unsolicited submissions. Chances are that it might get lost between the mail room and your actual file.

Secondly, understanding abuse requires plenty of specialized training, so while I hadn't seen any testimonials from anyone who had a combined I-360/I-485 interview yet, I simply don't believe that the rank and file employees will be asking for details about abuse there. They might question the legitimacy of marriage because they've already received similar training for I-130s.

Edited December 31, 2024 by Demise

[Persica 4]

Thanks for that perspective @Demise
Any thoughts on this? 

My other question is based on me being prepared for all the scenarios, and one of the scenarios I want to prepare for is what happens if VAWA is denied and more than two years has passed since the divorce? In my case that would be Feb 1st 2025. Should I ask my lawyer to submit another filing with all the documents just in case since I'm currently eligible to file VAWA and won't be after Feb 1st 2025. What other options does a person have if let's say VAWA gets denied and you're out of window to refile?

[Demise 1,316]

1 hour ago, Persica said:

Thanks for that perspective @Demise
Any thoughts on this? 

My other question is based on me being prepared for all the scenarios, and one of the scenarios I want to prepare for is what happens if VAWA is denied and more than two years has passed since the divorce? In my case that would be Feb 1st 2025. Should I ask my lawyer to submit another filing with all the documents just in case since I'm currently eligible to file VAWA and won't be after Feb 1st 2025. What other options does a person have if let's say VAWA gets denied and you're out of window to refile?

 

 

If the 2 year deadline passed then you can't refile I-360.

Only option is to file I-290B to revive the existing I-360.

You've got four options with the I-290B.

Motion to reopen (here's more facts/evidence)

Motion to reconsider (USCIS erred in judgement)

Combined motion to reopen and reconsider (basically both of the above, USCIS reviews them individually)

Appeal to the AAO (from my personal observations it looks like the sustain rate on appeals is around 5%, but you have to remember that most cases that end up there are generally heavily defective) (generally the office that originally denied the application was take another look at it before sending to the AAO). 

 

That being said, I've never seen an I-360 get straight up denied without an RFE, sometimes even an RFE followed by a second RFE or a NOID. Also lets say that they don't RFE you and instead decide to interview you and that goes so-so, they can still RFE you subsequent to the interview. Yes the interview is scary but it isn't be all end all.

 

So at this point I wouldn't stress that hard about getting denied. Also last bit of information, estimated processing time for I-360 currently is 41.5 months, so you're still within normal processing times and they might just approve you without needing all the extra stuff. Do have it all ready in case they do want it but just don't fall into the dark thoughts, you made it this far, you'll make it further.

Edited December 31, 2024 by Demise

[aquila 248]

16 hours ago, Sam100 said:

I will send these docs now i think my lawyer didnt sent these before.
 

do you have any format for this affidavits ? 

Any affidavits from friends, family, colleagues, building managers saying they knew you as a married couple. 
 

i have Psychological Evaluation we ll send it now and also self Declaration

Just to chime in,  then what did your lawyer submit then with your application. 

Edited December 31, 2024 by aquila

[Persica 4]

Thanks a lot @Demise for such a detailed response that is rooted in facts. Really appreciate this. I don't think it'll come to that, but I just wanted to be prepared for the worst as I'm hoping for the best. If I may ask two more things: 1. Is there any downside to sending them additional documents without an RFE? I understand they can get lost and not get to my file, but in that case I'll just get the RFE anyways. Can there be any other downside?

2. Filing another case before the two year period ends on Feb 1st just as a back-up with all my documents - Are there any disadvantages to that?

 

Again, thanks a lot for all your help. 

[TBoneTX 45,778]

It is Wednesday, and a new year.  Our VAWA-Thread Jokes have elicited approvals and good news in countless cases (that is, if correlation = causation), and they will work for your case, too.

 

Here is our inaugural 2025 and Semiofficial Semiweekly VAWA-Thread Joke:

===========================================
FOLLOW THE PLOW

 

A blonde driving a car became lost in a snowstorm.  She didn't panic, however, because she remembered what her dad had once told her: "If you ever get stuck in a snowstorm, just wait for a snowplow to come by, and follow it."

 

Sure enough, pretty soon a snowplow came by.  She followed it for about 45 minutes.  Finally, the plow's driver got out and asked her what she was doing.  She explained that her dad had told her if she ever got stuck in a snowstorm, to follow a plow.

 

The driver nodded and said, "Well, I'm done with the Walmart parking lot; do you want to follow me over to Best Buy now?"

 

[Sam100 2]

14 hours ago, aquila said:

Just to chime in,  then what did your lawyer submit then with your application. 

I think he sent pics and few others documents like 

 

Preliminary Declaration of me in Support of his Good Moral Character and VAWA Self-Petition which says 

 

 

1. I intend to supplement the instant filing with additional documentary evidence at a later Time.

 

 

[aquila 248]

8 hours ago, Sam100 said:

I think he sent pics and few others documents like 

 

Preliminary Declaration of me in Support of his Good Moral Character and VAWA Self-Petition which says 

 

 

1. I intend to supplement the instant filing with additional documentary evidence at a later Time.

 

 

Awesome, then if you have all those documents/evidence at hand now please submit all plus extra you if possible. With the affidavits , there’s no specific format but they can write something simple to the effect of knowing your union from dating thru marriage and possibly going thru your current situation that’s only if they know. They must be notarized as well. Hope this helps and clarifies a bit.

 Have a blessed new year.

[TBoneTX 45,778]

It is Sunday -- time for our Official Weekly VAWA-Thread Joke:

===========================================
NEW YEAR'S HUMOR

 

Youth is when you're allowed to stay up for New Year's.  Middle age is when you're forced to.

 

My New Year's resolution was to read more, so I turned on the subtitles on my TV.

 

New Year's resolutions are just a to-do list for the first week of January.

 

My New Year's resolution was to drop my bad habits, but nobody likes a quitter.

 

Knock knock!

Who's there?

Abby.

Abby who?

Abby New Year!

 

Knock knock!

Who's there?

Razor.

Razor who?

Razor glass and toast to a Happy New Year!

 

My dad gave up smoking cold turkey for New Year's.  He's doing better now, but he's still coughing up feathers.

 

This New Year's, I've resolved to lead a better life.  Now, all I have to do is find someone who will trade lives with me.

 

I made a New Year's resolution to drink more water.  I've only gotten as far as "drink more."