VAWA, Part 27

[Makanaki 133]

15 hours ago, God is a good God said:

Congratulations, is your i360 approved or i485? Did you file your mandamus alone or with a lawyer ?

It's my I360. For me, this is victory enough. In the next few weeks we will find out if they really and truly held the i485 from my closed i130 or I have to file a new i485.

 

The writ of mandamus was filed with the same lawyer I engaged right from the moment of denial.

[Dee88 0]

2 hours ago, Demise said:

 

Looking at your case you filed I-360 and I-485 and are not in removal proceedings so send it to:

 

Not sure why you sent it to Illinois nor why they sent it to Vermont who then rejected it instead of passing onto Nebraska.

 

VAWA stuff generally goes straight to the service center. USCIS has roughly a year ago started using Nebraska as the submission location for VAWA forms then they either hang onto it or pass it to Vermont.

 

Thank you for the clarity. The lockbox sent it to Vermont and Vermont sent it back to me. 

[kobutor 3]

21 hours ago, Makanaki said:

 

This is my journey:

2017 June     Married abuser

2018              filed I130 & I1485

2019              May filed I360 asked for I1485 to be held (did the filing by myself)

Prima Facie sent (many of them over the years, I can't recollect anymore)

2020             I sent additional documentation without them asking i.e. therapy report, letters from friends, utility bills etc.

2021 Oct       Found out that my daughter's I485 was not put on hold in 2019 through general inquiry at the army for enlistment

2021 Dec      Filed a new I485 for my daughter

2022 Feb     They issued a Green Card for my daughter based on Category IB8 (note: my case has not been approved yet at this stage)

2022 Mar     Wrote USCIS a letter regarding the issuance of the Green Card and the none approval of VAWA (NO RESPONSE)

2022 April    We received your correspondence for Form I360 (UPDATE)

2023 Mar     We sent a request for additional evidence for your Form I360 (SEE BELOW EXPLANATION)

2023 Apr      We received your response for Form I360

2023 Sep     We denied your Form i360

2023 Oct      Filed I290B

2023 Dec     We updated your name for your Form I360

2023 Dec     We reopened your Form I360

2023 Dec     We are reviewing your Form I360

2023 Dec     Notice of Intent to Deny

2024 Jan     We received your response for Form I360

2024             Daughter became a US citizen

2024 Oct     Your inquiry about why your case is taking longer than our processing time was completed

2024 Nov     Filed Writ of Mandamus

2025 Jan     We ordered your new card

 

RFE:

The first RFE was based on Qualifying Relationship Requirement & Eligibility for Immigrant Classification. They said that my first visit to the US 17 years ago, I stated that I was married, but in my application I did not declare that marriage. I responded to the RFE myself explaining that the marriage was a traditional marriage and in my country that type of marriage is considered dissolved once the bride price is returned(I'm Nigerian). My mother also wrote her statement. But they denied the I360.

 

I engaged the services of a lawyer for the first time on my case. We filed the I290B and responded to the RFE again in a better way, quoting the Reciprocity and Civil Documents of my Country written by USCIS themselves, among other things which state clearly that the marriage has been dissolved based on the return of the bride price, and the devastating circumstances of my visit to the US back then that I almost lost my life due to the marriage (with evidence from the hospital that I was kept in during the visit) that explains the circumstances surrounding that dissolved marriage.

 

The I290B was filed in Oct, and in Dec they responded by accepting that the marriage they were referring to was indeed dissolved according to laws of my country and that I do have a Qualifying Relationship with my abuser BUT however issued a Notice of Intent to Deny on the same correspondence.

 

Notice of Intent To Deny:

This notice came the same time they said I have successfully answered their RFE, but that it has ''COME TO THEIR ATTENTION THAT THE EVIDENCE IN THE RECORD DOES NOT ESTABLISH THAT YOU RESIDED WITH YOUR SPOUSE AND THAT YOU MARRIED YOUR SPOUSE IN GOOD FAITH''.

 

I personally found the above statement as witch-hunting because to me how come it is just coming to their attention AFTER I was able to counteract the first RFE? What was more ironic was what they stated that back in 2022, the USCIS Fraud Detection and National Security department contacted my utility provider to verify the authenticity of the utility bills I submitted. They alleged that they (USCIS) has determined that I provided altered utility bills in order to establish that my abuser and I resided and married in good faith. 

 

If this were the case, and USCIS truly believed their allegation, how come they did not present this first instead of the so called marriage back in my home country years and years ago? This was the question that was in my mind that propelled me to really fight on this case because I know I did not falsify any document.

 

I went to great extreme to contact the utility company to dig out their archive records with all our utility bills that they issued my abuser and I, and likewise all the telephone calls made to the utility company whilst my abuser and I lived together. They transcribed all the calls in their official letter and likewise wrote an official letter that our utility bills are not falsified.

 

The notice of intent to deny also went into some tantrum about our tax return (which again I had to go back to IRS to get all our records), the text messages that I submitted (which they chose to read out of context), etc. They even went as far as saying that our car insurance only had my abuser on my car and not his. One of the things that I learned on this platform is to always have some evidence kept back just in case things like this happens. Thankfully I did, and was able to provide car insurance documents that had both of use registered on each others cars.

 

Even though they responded speedily with all my responses to their RFE, with this NOID they decided to keep mute since receiving our response in Jan 2024. Hence I filed the writ of mandamus in Nov 2024, and here we are with an approval to the Glory of God!

 

I would like to say to everyone reading this, please DO NOT give up! Empower yourself with knowledge on this platform by reading as much as you can. Go as far back to Part 1 of this thread if you need to! And also, do not listen to the naysayers, especially if you know your truth and believe in your truth. On this same platform, right at the start of my journey, someone had looked at my case and said it is impossible! I chose to hold on to possible and filed everything by just reading and learning on this platform. It was not an easy journey for sure. But on this platform I also learned that do not hold your life back whilst waiting for your case to be approved. Over the years, I bought a house, I decided to go back to school, today case is approved and I am also now a nurse. Keep yourself busy whilst waiting. I used all those prima facies and they paid for my nursing school from the beginning to the end. Please do not give up!

 

P.S. Sorry for the long post!

 

you are a warrior. big congratulation. thank you for sharing. i am sure that anyone in a similar circumstance going forward will find courage and inspiration from your journey.

[Meingandu 3]

On 1/7/2025 at 9:34 PM, Makanaki said:

 

This is my journey:

2017 June     Married abuser

2018              filed I130 & I1485

2019              May filed I360 asked for I1485 to be held (did the filing by myself)

Prima Facie sent (many of them over the years, I can't recollect anymore)

2020             I sent additional documentation without them asking i.e. therapy report, letters from friends, utility bills etc.

2021 Oct       Found out that my daughter's I485 was not put on hold in 2019 through general inquiry at the army for enlistment

2021 Dec      Filed a new I485 for my daughter

2022 Feb     They issued a Green Card for my daughter based on Category IB8 (note: my case has not been approved yet at this stage)

2022 Mar     Wrote USCIS a letter regarding the issuance of the Green Card and the none approval of VAWA (NO RESPONSE)

2022 April    We received your correspondence for Form I360 (UPDATE)

2023 Mar     We sent a request for additional evidence for your Form I360 (SEE BELOW EXPLANATION)

2023 Apr      We received your response for Form I360

2023 Sep     We denied your Form i360

2023 Oct      Filed I290B

2023 Dec     We updated your name for your Form I360

2023 Dec     We reopened your Form I360

2023 Dec     We are reviewing your Form I360

2023 Dec     Notice of Intent to Deny

2024 Jan     We received your response for Form I360

2024             Daughter became a US citizen

2024 Oct     Your inquiry about why your case is taking longer than our processing time was completed

2024 Nov     Filed Writ of Mandamus

2025 Jan     We ordered your new card

 

RFE:

The first RFE was based on Qualifying Relationship Requirement & Eligibility for Immigrant Classification. They said that my first visit to the US 17 years ago, I stated that I was married, but in my application I did not declare that marriage. I responded to the RFE myself explaining that the marriage was a traditional marriage and in my country that type of marriage is considered dissolved once the bride price is returned(I'm Nigerian). My mother also wrote her statement. But they denied the I360.

 

I engaged the services of a lawyer for the first time on my case. We filed the I290B and responded to the RFE again in a better way, quoting the Reciprocity and Civil Documents of my Country written by USCIS themselves, among other things which state clearly that the marriage has been dissolved based on the return of the bride price, and the devastating circumstances of my visit to the US back then that I almost lost my life due to the marriage (with evidence from the hospital that I was kept in during the visit) that explains the circumstances surrounding that dissolved marriage.

 

The I290B was filed in Oct, and in Dec they responded by accepting that the marriage they were referring to was indeed dissolved according to laws of my country and that I do have a Qualifying Relationship with my abuser BUT however issued a Notice of Intent to Deny on the same correspondence.

 

Notice of Intent To Deny:

This notice came the same time they said I have successfully answered their RFE, but that it has ''COME TO THEIR ATTENTION THAT THE EVIDENCE IN THE RECORD DOES NOT ESTABLISH THAT YOU RESIDED WITH YOUR SPOUSE AND THAT YOU MARRIED YOUR SPOUSE IN GOOD FAITH''.

 

I personally found the above statement as witch-hunting because to me how come it is just coming to their attention AFTER I was able to counteract the first RFE? What was more ironic was what they stated that back in 2022, the USCIS Fraud Detection and National Security department contacted my utility provider to verify the authenticity of the utility bills I submitted. They alleged that they (USCIS) has determined that I provided altered utility bills in order to establish that my abuser and I resided and married in good faith. 

 

If this were the case, and USCIS truly believed their allegation, how come they did not present this first instead of the so called marriage back in my home country years and years ago? This was the question that was in my mind that propelled me to really fight on this case because I know I did not falsify any document.

 

I went to great extreme to contact the utility company to dig out their archive records with all our utility bills that they issued my abuser and I, and likewise all the telephone calls made to the utility company whilst my abuser and I lived together. They transcribed all the calls in their official letter and likewise wrote an official letter that our utility bills are not falsified.

 

The notice of intent to deny also went into some tantrum about our tax return (which again I had to go back to IRS to get all our records), the text messages that I submitted (which they chose to read out of context), etc. They even went as far as saying that our car insurance only had my abuser on my car and not his. One of the things that I learned on this platform is to always have some evidence kept back just in case things like this happens. Thankfully I did, and was able to provide car insurance documents that had both of use registered on each others cars.

 

Even though they responded speedily with all my responses to their RFE, with this NOID they decided to keep mute since receiving our response in Jan 2024. Hence I filed the writ of mandamus in Nov 2024, and here we are with an approval to the Glory of God!

 

I would like to say to everyone reading this, please DO NOT give up! Empower yourself with knowledge on this platform by reading as much as you can. Go as far back to Part 1 of this thread if you need to! And also, do not listen to the naysayers, especially if you know your truth and believe in your truth. On this same platform, right at the start of my journey, someone had looked at my case and said it is impossible! I chose to hold on to possible and filed everything by just reading and learning on this platform. It was not an easy journey for sure. But on this platform I also learned that do not hold your life back whilst waiting for your case to be approved. Over the years, I bought a house, I decided to go back to school, today case is approved and I am also now a nurse. Keep yourself busy whilst waiting. I used all those prima facies and they paid for my nursing school from the beginning to the end. Please do not give up!

 

P.S. Sorry for the long post!

 

This is a heck of an experience that you went through. And congratulations for the waiting period end. Insane amount of time that you had to wait. But alls good when the end is good. Just out of curiosity how did you found out that USCIS fraud reached out to the utility company to validate the documents. So does that mean that a court order or subpoena is not needed and they have a clear outreach here? Does it same apply for other institutions such as banks etc?

[God is a good God 238]

6 hours ago, Makanaki said:

It's my I360. For me, this is victory enough. In the next few weeks we will find out if they really and truly held the i485 from my closed i130 or I have to file a new i485.

 

The writ of mandamus was filed with the same lawyer I engaged right from the moment of denial.

How much you paid your lawyer to file mandamus? My case seems similar to yours. Got intent to deny on i360, responded and approved. I485 denied coz lawyer filed i601 to a wrong address. Filed i290B and got RFE FOR i601 , sent it last year April, tiii now no response. Contacted senator, USCIS said to be patient application pending and reach out to them again after 180 days

[Makanaki 133]

48 minutes ago, Meingandu said:

This is a heck of an experience that you went through. And congratulations for the waiting period end. Insane amount of time that you had to wait. But alls good when the end is good. Just out of curiosity how did you found out that USCIS fraud reached out to the utility company to validate the documents. So does that mean that a court order or subpoena is not needed and they have a clear outreach here? Does it same apply for other institutions such as banks etc?

I found out from the 8 pages of reasons for their denial (see below). I believe we already gave them that right to investigate anything they want to investigate by submitting our application, including institutions such as banks. I stand to be corrected though.

[Makanaki 133]

22 minutes ago, God is a good God said:

How much you paid your lawyer to file mandamus? My case seems similar to yours. Got intent to deny on i360, responded and approved. I485 denied coz lawyer filed i601 to a wrong address. Filed i290B and got RFE FOR i601 , sent it last year April, tiii now no response. Contacted senator, USCIS said to be patient application pending and reach out to them again after 180 days

I paid $5k. I pray they respond to you soon! 

In my case I know the I485 may be another hurdle to overcome, but I am holding on to the believe that with the Mandamus, they would want to decide and close out on the i485 as well. @Demise any idea please on how the I485 could swing from here on? 

[Family 4,129]

1 hour ago, Makanaki said:

I found out from the 8 pages of reasons for their denial (see below). I believe we already gave them that right to investigate anything they want to investigate by submitting our application, including institutions such as banks. I stand to be corrected though.

They did a surgical Pick-A-Part …your success with the utility bills is the kind of “above and beyond “ needed . You did great.