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Filed: Country: Jamaica
Timeline
Posted
On 5/27/2024 at 4:48 PM, Royal Seed said:

@Sandra G. Hi Family! I received my LPR through VAWA, and I'm now looking to file for my children (15 and 13 years old), who are here with me in the US. I didn't include them in my initial VAWA application, and I don't know if I should file an I-130 and I-485 or something else. I also need to know what documents to submit with my application. I would appreciate your guidance on this.

Have you filed for citizenship?  I don’t believe an LPR can file for children to AOS within the United States. 

Phase I - IV - Completed the Immigration Journey 

 

 

Posted (edited)
13 hours ago, Pinkrlion said:

Have you filed for citizenship?  I don’t believe an LPR can file for children to AOS within the United States. 

You can if the children have somehow maintained lawful status, which they're exceptionally unlikely to.

 

@Royal Seed

That being said, why not just have them follow to join on the I-360?

Normal VAWA protections apply to derivatives too including being able to adjust after overstay, violating one's status, or EWI even and skipping the need for an I-864 (where you file I-864W for each).

 

So the stuff to submit for each would be:

I-485

I-765 (optionally)

I-131 (optionally)

Copy of your I-360 approval notice

Copy of kid's birth certificate with translation if not in English

Copy of your green card

Copy of any name change documentation if the name listed on their birth certificates doesn't match your current name

Copy of kid's passport's ID page

Copy of visa and I-94 they entered with (if not an EWI)

I-864W

I-693 (can be submitted later)

 

I really do hope you listed them on your I-360 and I-485, otherwise I'd recommend getting a good lawyer on how to maneuver this screw up.

 

If you come from a high fraud country (ie. most subsaharan Africa countries like Kenya) you should also include a DNA test proving parentage. You should also be just ready to get the DNA test done if USCIS questions the parentage. Pick out a lab, call in, ask for their turnaround, and be ready to get that done ASAP should you get an RFE for further proof, it may or may not ask for a DNA test specifically.

 

Of note is that FTJ benefits are available up until you naturalize. The petition completely ceases to exist for FTJ purposes following a naturalization of the principal. If your kids entered legally then it's no biggie, in case of which you can just file I-130/I-485 to have them adjust in US. If they EWI'd and you naturalize they'd need to be out of the country before they're 18 years and 180 days old to avoid re-entry bars and need for an I-601 or I-601A waiver.

Edited by Demise

Contradictions without citations only make you look dumb.

Posted

@Royal Seed

Also to add two more things (just popped into mind and previous post is outside the edit window):

  1. If you all originally entered as K-1 and K-2s, they'll need to FTJ on your I-360 or file their own. K-1s and K-2s are able to adjust only via a petition involving the person who got you the K-1 and K-2s. This can be the original I-129F, I-130 filed by the same USC, or a VAWA I-360 where the abuser was the same USC. Proceeding with any other sponsorship you have to proceed as if they entered without inspection but worse and would have to complete the process via consular processing abroad.
  2. Another factor that tends to trigger DNA testing is lack of birth certificates (where you submit secondary proof like hospital records, church records, etc), and late registered birth certificates.

 

Contradictions without citations only make you look dumb.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted (edited)

Man, with all this heavy information in recent posts, we're in need of our Semiofficial Semiweekly VAWA-Thread Joke:

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

THE BLONDE'S FIRST PARACHUTE JUMP

 

A blonde had always wanted to skydive.  She waited for years before she had the nerve.  Finally, she enrolled in a skydiving class.

 

The students were taught how to jump and when to pull the cord.  The instructor told them, "First, you pull the cord after 10 seconds.  If that doesn't work for any reason, pull the second cord for the auxiliary parachute.  When you land, there will be a bus waiting to pick you up."

 

The blonde took her parachute and sat nervously with everyone as they prepared to jump.  The signal light came on, and they jumped out of the plane, one by one.

 

When it was her turn, the blonde screamed and jumped.  For 10 beautiful seconds, she got to fly and hover.  Then she remembered to pull the cord.

 

Nothing happened.

 

Panicked, she pulled the other cord.  Again, nothing happened.

 

"Oh, boy," said the blonde to herself, "that bus had better be down there or I'm screwed!"
:P 

Edited by TBoneTX

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(!).

Posted
On 5/23/2024 at 11:24 AM, magicmike said:

I need help, can someone please share the timeline between their AOS interview and the day they got approval and their physical card in hand? Anyone who has recently been approved or received their Greencard please?

Interview April 18, approved same day and 

Card in hand May 1st.

Posted
16 hours ago, Demise said:

You can if the children have somehow maintained lawful status, which they're exceptionally unlikely to.

 

@Royal Seed

That being said, why not just have them follow to join on the I-360?

Normal VAWA protections apply to derivatives too including being able to adjust after overstay, violating one's status, or EWI even and skipping the need for an I-864 (where you file I-864W for each).

 

So the stuff to submit for each would be:

I-485

I-765 (optionally)

I-131 (optionally)

Copy of your I-360 approval notice

Copy of kid's birth certificate with translation if not in English

Copy of your green card

Copy of any name change documentation if the name listed on their birth certificates doesn't match your current name

Copy of kid's passport's ID page

Copy of visa and I-94 they entered with (if not an EWI)

I-864W

I-693 (can be submitted later)

 

I really do hope you listed them on your I-360 and I-485, otherwise I'd recommend getting a good lawyer on how to maneuver this screw up.

 

If you come from a high fraud country (ie. most subsaharan Africa countries like Kenya) you should also include a DNA test proving parentage. You should also be just ready to get the DNA test done if USCIS questions the parentage. Pick out a lab, call in, ask for their turnaround, and be ready to get that done ASAP should you get an RFE for further proof, it may or may not ask for a DNA test specifically.

 

Of note is that FTJ benefits are available up until you naturalize. The petition completely ceases to exist for FTJ purposes following a naturalization of the principal. If your kids entered legally then it's no biggie, in case of which you can just file I-130/I-485 to have them adjust in US. If they EWI'd and you naturalize they'd need to be out of the country before they're 18 years and 180 days old to avoid re-entry bars and need for an I-601 or I-601A waiver.

Thank you for the answers. I appreciate all the contributions. I mentioned them in my i-485 but not in the VAWA application. I guess I will need to submit I-864W and i-485. 

Filed: AOS (apr) Country: India
Timeline
Posted
26 minutes ago, Shroy123 said:

Quick question. I already got my certificate of naturalization. Should I trash all the receipt notices got from USCIS regarding VAWA?

Please keep all the documents with you 

Filed: AOS (apr) Country: India
Timeline
Posted

Dear freinds I have a request those of you who already got there citizenship under Baba please share their personal experience of interview in M4. Hundred and the old ceremony. This will energize the other members as well.

Filed: AOS (apr) Country: India
Timeline
Posted
Just now, Braveheart123 said:

Dear freinds I have a request those of you who already got there citizenship under Baba please share their personal experience of interview in M4. Hundred and the old ceremony. This will energize the other members as well.

Dear freinds please accept my apology done spelling mistake those of you who already got citizenship under VAWA please share their personal experience of interview of N-400 and oath ceremony thus will energize the other members 

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Sunday!  Time for our Official Weekly VAWA-Thread Joke:

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

BREAKING THE NEWS TO THE WIFE

 

One night, a Boston police officer knocked on a woman's door.

 

"Ma'am," he said, removing his hat, "I'm here about your husband.  We have good news and bad news."

 

"Please, give me the bad news first," the woman said.

 

The officer replied, "I'm sorry to report that someone stabbed your husband to death and threw his corpse into the harbor."

 

The woman began wailing and crumpled to her knees.  Utterly despondent, she begged the cop, "Please, what could possibly be the good news?"

 

He said, "Well, ma'am, when we pulled him up, he had 20 four-pound lobsters crawling on him.  Would you like one?"

 

Sobbing even louder, the woman shouted, "How DARE you?!  I've never been so insulted in my entire life!"

 

The officer replied, "Well, if you change your mind, we're pulling him up again tomorrow morning."

: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(!).

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

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