Sandra G.

Once you submit the I-360 the I-130 won't be valid anymore, since the I-360 will replace your I-130. USCIS usually denies the I-130 but your spouse won' t know the reason of the denial, but I had many cases that USCIS didn't deny the I-130 tho.

In your RFE response, you should explain thatyou didn't know your spouse wasn't divorced when you got married. Mention when and how you found out. Please print out the memo and attach it to your RFE. Make sure you get at least two affidavits from friends and/or family stating that your spouse always told them that she was divorced, if she told them. https://asistahelp.org/wp-content/uploads/2018/10/VAWA-USCIS-Bigamy-Memo.pdf

Check the Section 1503 (b1) and (C1)of the BIWPA.The AILA published the USCIS memorandum stating that vawa petitioners can adjust status in case of bigamy of the petitioner.

The bigamy doesn’t apply to Vawa petitioners, if you didn’t know about it .You will be able to get the green card.Find the USCIS memorandum and submit to Uscis,where it states what I wrote here.

Below you will find information about inadmissibility. https://www.ilrc.org/sites/default/files/resources/immigrants_marijuana_may_2021_final.pdf

You should submit a letter proving why you will suffer hardship if you have to move to your spouse's Country.Mention what kind of dificultes you will have of readjusting your life in her Country; if your profession is not recognized in her Country and you will suffer hardship because your quality of life will decrease; family separation(if you have kids from a previous marriage or some of your parents are ill etc.).Read below what USCIS mentions about hardship. Fators Considerations Family Ties and Impact Qualifying relative’s ties to family members living in the United States, including age, status, and length of residence of any children. Responsibility for the care of any family members in the United States, particularly children, elderly adults, and disabled adults. The qualifying relative’s ties, including family ties, to the country of relocation, if any. Nature of relationship between the applicant and the qualifying relative, including any facts about the particular relationship that would either aggravate or lessen the hardship resulting from separation. Qualifying relative’s age. Length of qualifying relative’s residence in the United States. Length of qualifying relative’s prior residence in the country of relocation, if any. Prior or current military service of qualifying relative. Impact on the cognitive, social, or emotional well-being of a qualifying relative who is left to replace the applicant as caregiver for someone else, or impact on the qualifying relative (for example, child or parent) for whom such care is required. Social and Cultural Impact Loss of access to the U.S. courts and the criminal justice system, including the loss of opportunity to request or provide testimony in criminal investigations or prosecutions; to participate in proceedings to enforce labor, employment, or civil rights laws; to participate in family law proceedings, victim’s compensation proceedings, or other civil proceedings; or to obtain court orders regarding protection, child support, maintenance, child custody, or visitation. Fear of persecution or societal discrimination. Prior grant of U nonimmigrant status. Existence of laws and social practices in the country of relocation that would punish the qualifying relative because he or she has been in the United States or is perceived to have Western values. Access or lack of access to social institutions and structures (official and unofficial) for support, guidance, or protection. Social ostracism or stigma based on characteristics such as gender, gender identity, sexual orientation, religion, race, national origin, ethnicity, citizenship, age, political opinion, marital status, or disability. [6] Qualifying relative’s community ties in the United States and in the country of relocation. Extent to which the qualifying relative has integrated into U.S. culture, including language, skills, and acculturation. Extent to which the qualifying relative would have difficulty integrating into the country of relocation, including understanding and adopting social norms and established customs, including gender roles and ethical or moral codes. Difficulty and expense of travel/communication to maintain ties between qualifying relative and applicant, if the qualifying relative does not relocate. Qualifying relative’s present inability to communicate in the language of the country of relocation, as well as the time and difficulty that learning that language would entail. Availability and quality of educational opportunities for qualifying relative (and children, if any) in the country of relocation. Availability and quality of job training, including technical or vocational opportunities, for qualifying relative (and children, if any) in the country of relocation. Economic Impact Economic impact of applicant’s departure on the qualifying relative, including the applicant’s or qualifying relative’s ability to obtain employment in the country of relocation. Economic impact resulting from the sale of a home, business, or other asset. Economic impact resulting from the termination of a professional practice. Decline in the standard of living, including due to significant unemployment, underemployment, or other lack of economic opportunity in the country of relocation. Ability to recoup losses, or repay student loan debt. Cost of extraordinary needs, such as special education or training for children. Cost of care for family members, including children and elderly, sick, or disabled parents. Health Conditions and Care Health conditions and the availability and quality of any required medical treatment in the country to which the applicant would be returned, including length and cost of treatment. Psychological impact on the qualifying relative due to either separation from the applicant or departure from the United States, including separation from other family members living in the United States. Psychological impact on the qualifying relative due to the suffering of the applicant. Prior trauma suffered by the qualifying relative that may aggravate the psychological impact of separation or relocation, including trauma evidenced by prior grants of asylum, refugee status, or other forms of humanitarian protection.

Submit all forms, a police clearance, a psychological evaluation, your affidavit, your family and friend's affidavits, and documents showing a bonafide marriage and mailed all documents together.As a self-petitioner you will fole form I-360, not form I-130.

If you didn't file I-485 and you chose consular processing then your case will go to NVC not NBC, and you will have your interview in your Country.

ALL Vawa cases go to the local office, and most people have interview, but even without interview the petitions go to the NBC and then local office.They will send the case to the local office just if you submitted form I-485. You said "because I requested for AOS 485 on my vawa petition application, but I didn't submit form 485 after vawa approval".I don't understand what you are saying.

Vermont sends the file to NBC and the NBC ships to the local office.

VSC Did You should renew your AP since you won't get the AOS decision until October/Nov 2023.

She cannot adjust status based on the I-130 filed by her second spouse. She can get married, leave the Country and come to the U.S with a CR1 visa.Ask her to read the Law,. Here is a decision from the Board Of Immigration. A. Fiancé(e) Adjustment Based on a Second Marriage- Matter of Alfred Kebbie SESAY, Respondent Decided March 17, 2011 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals "The respondent now concedes that he cannot adjust status based on the I-130 visa petition filed by his second wife. We agree, because the language of section 245(d) of the Act clearly precludes fiancé(e)s from adjusting status on any basis other than marriage to the fiancé(e) petitioner. See Markovski v. Gonzales, 486 F.3d 108, 110 (4th Cir. 2007) (stating that the language of section 245(d) of the Act is clear insofar as it bars K-1 visa holders from adjusting status on any basis other than marriage to the fiancé(e) petitioner); see also Kalal v. Gonzales, 402 F.3d 948, 951 (9th Cir. 2005) (same).

You must mail your form AR 11 to Vermont. Even if you got your GC.

Cheating is not ground for VAWA .He must prove psychological abuse to have a VAWA petition approved, and he needs a diagnose of depression and/or PTSD due to the abuse suffered.It won't work if he is diagnosed with depression because she cheated on him.

Vermont sends the case to NBC and the NBC ships to the local office.