How can I file a motion for the conversion I-130 to I-360?(VAWA)

[comeva 0]

Hello. I currently have a pending I-130, I-485, I-131.

And I already received my work permit.

 

Recently, I reported my husband for domestic violence.

I'm trying to apply for VAWA green card petition(I-360)

 

As far as I know, to keep my current pending I-485, I have to file I-360 and file a motion to substitute my current pending I-130.

 

It's very urgent for me

I checked USCIS website and google.. but I really can't fine the form/file for a motion.

 

Is there a form?

Or can I just write a letter by myself without certain form?

 

Please let me know..

The legal aid I'm talking to said I have to wait at least one month to talk to attorney there..

 

I'm currently staying at domestic violence shelter with no income.

I really want to get through this situation.

[R&OC 371]

I can nöt help you with the answer but there is a VAWA threat here which K would highly recommend to you.

[TBoneTX 45,266]

Thread is moved to the Effects of Major Changes forum, where similar matters are discussed (see the massive VAWA thread).

[Pinkrlion 2,716]

On 4/15/2024 at 8:32 PM, comeva said:

Hello. I currently have a pending I-130, I-485, I-131.

And I already received my work permit.

 

Recently, I reported my husband for domestic violence.

I'm trying to apply for VAWA green card petition(I-360)

 

As far as I know, to keep my current pending I-485, I have to file I-360 and file a motion to substitute my current pending I-130.

 

It's very urgent for me

I checked USCIS website and google.. but I really can't fine the form/file for a motion.

 

Is there a form?

Or can I just write a letter by myself without certain form?

 

Please let me know..

The legal aid I'm talking to said I have to wait at least one month to talk to attorney there..

 

I'm currently staying at domestic violence shelter with no income.

I really want to get through this situation.

There is no form to motion with. File your I-360. Still keep attorney appointment. 

[Sandra G. 5,047]

On 4/15/2024 at 9:32 PM, comeva said:

Hello. I currently have a pending I-130, I-485, I-131.

And I already received my work permit.

 

Recently, I reported my husband for domestic violence.

I'm trying to apply for VAWA green card petition(I-360)

 

As far as I know, to keep my current pending I-485, I have to file I-360 and file a motion to substitute my current pending I-130.

 

It's very urgent for me

I checked USCIS website and google.. but I really can't fine the form/file for a motion.

 

Is there a form?

Or can I just write a letter by myself without certain form?

 

Please let me know..

The legal aid I'm talking to said I have to wait at least one month to talk to attorney there..

 

I'm currently staying at domestic violence shelter with no income.

I really want to get through this situation.

Form I-130 is converted to I-360 without a motion to file, just ask through a letter.

 

[Demise 1,281]

Volume 7 Part A Chapter 8 (Transfer of Underlying Basis)

 

There's no form. You just write the letter to whichever USCIS office that currently has your I-485 (this address would be printed on the bottom of the most recent notice you've received) requesting a transfer, include a copy of the I-360 receipt notice (ideally include an I-864W too), and that's that. The letter can be extremely simple like for example (if you don't have a printer in a pinch you can handwrite it, just make it legible):

 

Quote

 

In re: Request for I-485 transfer of underlying basis

Receipt #: [I-485 receipt # here]

Applicant: [Your Name] (A#: XXX-XXX-XXX)

 

To whom it might concern:

 

On [date] I have filed a VAWA I-360 (see attached receipt notice). Please transfer the basis for the above I-485 from I-130 to VAWA I-360.

 

[Signature]

[Your name]

 

 

 

Alternatively, if you have an interview coming up, you can go to it alone and then depending on whether you have the I-360 receipt notice either bring a copy with you and request the transfer in person (though you should likely just bring the pre-typed or pre-written letter since they do want to include it in the file), or if not, request that they hold your I-485 while you wait on that and mail it in when you do receive it.

 

Then finally, if the I-485 is somehow denied (e.g. ex pulled the I-864) you can just re-file. Recent change to the fee schedule made most VAWA associated forms (relevant here being I-485, I-765, I-131) free to file regardless of ability to pay.

 

 

 

Edited October 3 by Demise