Demise

Taking an aside from the thread at hand: This is kinda the difficult point where the site TOS (depending how strictly you read it) meets the law as applied. Sure, I-601A does give you no status, but also I-601A exists specifically to let you stay in US while the waiver is pending (compared to the I-601 that required you to leave first, get banned, attend a consular interview, and then file, then once approved attend another interview). This is similar to something like 245(i) grandfathering with a backlogged petition where waiting in US until you can file for AOS is the best option for you. Now, I would never recommend that someone should overstay or otherwise violate their status, but if that violation has already happened then you have to react accordingly and give the best advice through whatever path exists in the law. Anyways back to the topic at hand. OP, here's USCIS policy manual for what USCIS looks for: https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5 Also keep in mind that extreme hardship sounds scary but it's not an insurmountable standard to clear and everything gets reviewed as a totality of circumstances, so a pile of things that wouldn't really be all that horrible on their own will generally be enough to move the needle enough for an approval.

N-662 is what they give you if you request a name change as a part of N-400. If you don't have it then you don't have it and marriage cert would be the right document for this case (possibly more, basically all the documents bridging the name listen on your birth certificate to your current legal name). I'd also include a cover letter that you didn't change your name as a part of N-400, instead that happened by marriage, so you were never issued an N-662.

Have them travel to US. CBP can do one of three things: 1. Admit them as LPRs. 2. Parole them for removal proceedings. 3. Pressure them to sign I-407, in case of which they will need to decline and wait out CBP, which will lead to one of the two outcomes above. So if they end up getting readmitted as LPRs they'll be good to go, just have them wait out the 5 years and naturalize. If they are paroled for removal proceedings then you can file new I-130s for them with USCIS, then they'll file new I-485s with the court and they'll be able to just re-adjust. Yeah fun fact, USCIS doesn't allow you to re-adjust. Immigration courts do, so filing a new I-130/I-485 is in fact a defense to removal.

Yeah sorry, meant to say "met in person".

Utah marriage certificate is the main one to add. Also, because this was a marriage done online I believe the rules for proxy marriages apply where it basically doesn't count until you've met online, so I'd add some proof that you cohabitate (joint lease, etc). Also, last aside: I presume you're a US Citizen, in this case I-130 doesn't allow derivatives. You'll need to file two I-130s, one for your spouse, one for the stepson.

Likely just sitting in a stack in the mailroom. I think my own I-485 took like 2 months before I finally got a receipt notice for it.

I mean passage of time is a good reason for the documents to no longer exist, but still, USCIS is USCIS, they have their own rubrics they grade stuff by. That's kinda why I'd honestly recommend hiring a lawyer in your case. Like it's not insurmountable but it will be tough, for now just collect everything you can like affidavits, pictures, messages from her, and see what you end up with in the end. Then ask yourself if this looks like it's enough and if you want to chance it. Also keep in mind that I got grilled a lot harder than most due to prior removal proceedings, so maybe it is possible to get through solely on affidavits from third parties and photos (ideally from social outings), I'm definitely overfocusing on that part because that's where I got grilled hard. Swing by the VAWA thread that TBoneTX linked and ask there if anyone in there who had issues getting any kind of primary documents was approved.

Responded to every point in the RFE ("I disagree with the assertion that...") and added whatever circumstantial evidence I could. It was rough, at the time when I saw it I thought I was full on screwed. Had to get records from a closed joint account (they luckily arrived shortly before the RFE was due), tried to get IRS records and that one didn't pan out. Yeah that's kinda the problem at hand you see with other cases where the documents needed are very old (e.g. 245(i)). Emails/messages from her should carry some weight. Don't try to ask for a notorized affidavit from her, even if you do get it that just looks extremely suspicious. If you can look for other older emails from back in the day where you talk about random stuff to establish that yes, that's her email that'd also help. Affidavit from the friend and other third parties will just have to do. Especially from the one who you were renting a room from. Did you have a joint bank account from back in the day? Has she filed an I-130 for you back in the day?

So the only real problems I've had was getting grilled about the bona fides of the marriage part of that was that the documents USCIS would like just didn't exist (lived in an illegal basement apartment, worked a dead end job with no benefits, had no kids, ex was a deadbeat) and other part was that I was in removal proceedings before getting married so the standard of proof they wanted from me went up from preponderance of evidence (51%) to clear and convincing evidence (75%). For abuse part the only thing I've really had was a very grisly self-affidavit (it was about 4 pages). They didn't question that part. Apparently you can file and get approved without a psych evaluation I did get RFE'd for the bona fides after giving them stuff like affidavits from friends and family (which originally were meant for an I-130), tax returns, id cards with the same address, some pictures, and bank statements. Then for the RFE it was more bank statements with handwritten annotations where the money was outgoing to because one of the complaints USCIS had was that there was very little money in the account where in my RFE cover letter I lambasted USCIS because they think that apparently being broke is a red flag. Ring receipts. Misc gift receipts. Printout from turbotax showing the tax return in questions were submitted and accepted with matching numbers because they weren't happy about the original 1040 because it was e-filed and this was in middle of covid so I wasn't able to get a tax transcript from the IRS. Finally I gave them a copy of the RFE for an I-130 were they already grilled us about the bona fides previously and the I-130 was approved so why are they doing it again with apparently an even higher standard. Finally I did point them to the prior I-130 itself which had a letter from our landlord stating that we rented without a written lease. So honestly, my only concern in your case is getting all the documents that USCIS wants to prove the marriage was legit while it lasted considering it's been 20 years since you were actually together.

Anyways back to the question OP. I will start by saying that I've DIY'd my own VAWA case, but I do not recommend that except as a last resort. 12.5K isn't a ridiculous amount of money for VAWA case, you should definitely ask the lawyer if they'd be willing to do some kind of a payment plan. Psychological evaluation is strongly recommended but it not strictly required, I got through That being said, the cover letter has basically a story in two parts: 1. How did you meet, how did you get married, are you still legally married 2. When did everything start going to hell, what'd your ex do So pretty similar to what you've already posted here. You write the event that happened, if you have any proof point to it as "(exhibit X)". Also, USCIS tends to take personal testimonies of abuse as fairly credible, so if you don't have a specific proof, list it anyways. Police/medical records, third party affidavits, etc, all work here. Also, USCIS tends to grill the bona fides of the marriage a lot harder than the abuse part so the biggest headache for most is gathering up any and all pieces of evidence for the marriage, you know, joint bills, join leases, wedding photos, gift receipt, basically any kind of proof that you'd show for any other marriage. Finally last piece is proving that your ex is a US Citizen and that can be tricky. If spouse is a naturalized citizen you can give USCIS her A-number and they'll look for her record, or if you had an I-130 filed by her previously. If not then do you have a copy of birth certificate or a passport? If not then there's the circumstantial evidence like a marriage cert listing a place of birth in US? Voter registration? Here's an okay primer from ILRC : https://www.ilrc.org/sites/default/files/resources/document_gathering_guide_for_vawa_petioners.pdf I'm open to answer any follow up questions but I need them to be fairly specific.

Well, VAWA only requires that you are currently married to the abuser or that that the marriage was legally terminated less than 2 years ago. There's no other statute of limitations, so if they've went their separate ways 20+ years ago, but never actually got divorced then he ticks off that box. Also OP already said that he came on a tourist visa, still, manner of entry is mostly irrelevant aside having entered as a K-1/2 and married someone else. VAWA lets you adjust after EWI or any of the usual no-go statuses (VWP, TVOW, C-1/D).

Yeah you're right. It asks for total income, which is before anything you can write off on schedule 1, but after capital gains/losses. So it might come into play if the sponsor is within the 3k of the line, since that's what you can write off in capital losses against ordinary income per year.

INA 204(a)(1)(A)(viii) is part of the Immigration Nationality Act. It was added by the Adam Walsh Act, however it is the only relevant section here.

Sorry, I mispoke, wrote that post at like 5 am while keeping one eye on something else. What I meant is more maybe you have a common first and last name, maybe there happens to be another individual with similar enough name/dob to you who was in fact convicted.

@Boiler Good question whether anything in this case was expunged. Maybe it could be an incomplete expungement like court case didn't show up but the initial arrest did, or maybe they just hassle anyone who trips anything AWA related regardless of the outcome, or maybe there is another convicted pedophile with similar enough name and DOB who tripped the initial review, and then fingerprints dug up the old charges. Anyways also @HowManyLettersFit, to answer the bullet pointed questions: 1. Don't bother. In this case it all hinges on the fact that there was no conviction. Narrative would matter more in case where you need a no-risk determination where mitigating factors matter. So just say as little as you need to. 2. No, USCIS already sends the ones they take to the FBI. 3. Again don't bother for the same reason, that's the kind of stuff that'd matter if you actually needed the no-risk determination.

I'll put in my 3 cents: AWA determination requires specifically a conviction for such an offense (INA 204(a)(1)(A)(viii)). So the only outcomes where it is applicable are: Jury found you guilty (in a jury trial). Judge found you guilty (in a bench trial). You plead guilty or no contest to the charges. You took a plea bargain to a lesser offense that's still listed in the AWA. Other outcomes are not applicable like: Jury found you not guilty (in a jury trial) Judge found you not guilty (in a bench trial) You took a plea bargain to a lesser offense not listed in the AWA Charges were dropped Charges were never filed Charges were never re-filed after a mistrial You were never arrested You were found guilty but later won an appeal which reversed the conviction In your case, you took it to trial and were found not guilty so it's not applicable. So in that regard I'd argue against everyone telling that you absolutely need a lawyer, if you needed the option B where you are actually subject to the AWA and had to prove beyond a reasonable doubt that you're not a risk then yes you would definitely need a lawyer and honestly should probably give up because beyond a reasonable doubt (99.9%) is an extremely hard standard to clear. So yeah, you want to get copies of the indictments and copy of the court order finding you not guilty. For the cover letter just write as little as you need to, something like: " In re: Notice of Intent to Deny, Petition for Alien Relative (I-130) Receipt #: [XXXYYYYYYYYYY] Petitioner: [Your name] [A# if you have one] Beneficiary: [Spouse's name (A#:XXX-XXX-XXX)] On [date] I was charged with (Exhibit A): [List of charges from original indictment] On [date] I was further charged with (Exhibit B): [List of charges from superceding indictment] On [date], following a jury trial, I was found not guilty on all counts. (Exhibit C). Prohibition on filing family based petitions under the Adam Walsh Act as found in INA 204(a)(1)(A)(viii) applies specifically to "a citizen of the United States who has been convicted of a specified offense against a minor" (emphasis added). As such, this situation does not apply to me and any family petition filed by me, as such I ask that you resume processing this I-130. Attachments: Exhibit A - Indictment from [DA office] Exhibit B - Superceding indictment from [DA office] Exhibit C - Court order from [Court] [Signature] [Today's Date] [Your name]"

The denial notice just lists the W2s (twice for some reason). So you know, if he send it in and USCIS lost it then that's another matter (in case of which file I-290B as a combined motion to reopen and reconsider and give them the tax transcript regardless), but taken at face value it looks like he sent just the W2s and that's not enough. They want either the complete 1040 or a tax transcript from the IRS, which again is not a W2 even if the W2 shows the withholdings your job did for you. The transcript looks like this: W2s show how much you made at a job. The thing is that your Adjusted Gross Income (which the number that matters for an I-864) can be reduced by things like capital losses, business expenses, student loan interest, education expenses, alimony payments, etc. and that's a double jagged sword since on one hand you pay less in taxes on the other you can fall under the line to qualify to sponsor a relative. Also, ordinarily USCIS doesn't interview for parent cases because the basis for the eligibility is normally pretty straightforward and there's no "procreated to skirt immigration law". Unlike for spouses where they treat most marriages as possibly fraudulent and interview for both I-130 and I-485 and in case like that, sure they might just let you bring whatever to the interview rather than RFE you and then RFE you for it if you messed up. In some cases like VAWA they might RFE you twice or RFE and then NOID you, but generally if you get an RFE you just want to give them exactly what they ask for even if document A is similar enough to document B (there are some cases where you can substitute one for the other but you need to know what ticks the box they're asking for), even if you want to attack the RFE itself as improper you write that in the cover letter and then attach the documents they want regardless. After you respond to an RFE it's generally just sink or swim, either they'll approve it or deny it, they won't go back and forth with you unless something else unrelated to the original RFE pops up.

Yeah there's your problem. When they say federal income tax return what they really mean is one of the following: 1. Signed copy of 1040 2. IRS Tax Transcript 3. If you were not required to file your taxes then a letter explaining why you were exempt from filing. If you were required to file but didn't, then file, and give them one of the two above. So what do now? Have nephew get a copy of his tax transcript from the IRS (https://www.irs.gov/individuals/get-transcript), make a copy of the I-485 denial notice, fill out an I-290B (tick box 2.a., for reason just write "attached missing tax transcript"), and send that in. Just make sure she doesn't travel abroad in the meantime, the AP if she had one went kaput the moment the I-485 was denied. Alternatively she could refile the I-485/I-765/etc from scratch on the same I-130 provided that's still pending or was approved. Also it wasn't denied out of the blue, it was denied after an RFE, now they might interview and tell you to bring whatever was missing, but generally RFE is either you give them what they want or they will deny you.

I mean, it shouldn't. Generally the biggest concern is the I-360 but yours was already approved and once I-360 is approved you're free to marry someone else. You got slapped with a misrep right? It might actually make the case easier if you can claim extreme hardship on the I-601 for the waiver to yourself (as a VAWA self-petitioner) and the new spouse (assuming the spouse is a USC/LPR) by amending the I-601. Like you've got a case that's somehow even more messy than mine was, but strictly speaking, nothing prevents you from remarrying at this point. So you know, weight your options, if there's no hardship to squeeze out of the new spouse or you (or your lawyer) feel confident that it could be approved if anyone bothered to look at it then yeah give the mandamus a try. Otherwise maybe just sit on it and amend it later.

https://www.uscis.gov/greencard/greencardprocesses/traveldocuments/emergencytravel So basically, file for AOS and as soon as you get the receipt notice for I-485, schedule an appointment, bring a new filled out I-131 and the fee for it, and whatever stuff you have to justify the need for emergency travel. How much extra it'd cost? $630, the I-131 filing fee. You can probably just file I-485/I-765 at first and file I-131 solely with the field office in course of seeking the emergency AP.

You mean like I-693 for the vaccinations and stuff like TB and STDs, or you mean as proof of abuse (be it physical or psychological evaluation, you know: wounds, bruises, ptsd)? I-693: for the most part no. They want that from most applicants for AOS (there are certain extremely rare exceptions none of which would apply here). If you submitted without it previously, then they'll RFE you for it down the line. As proof of abuse: Depends. For the most part they want a psychological evaluation at least for the I-360 however it is not strictly mandatory. My I-360 was approved without that, somehow. For I-751 (battered spouse/child waiver filing for removal of conditions) then it's mandatory there.

Yeah the concern is kinda the fact that DACA AP is actually more permissive. Remember the whole debacle of Trump trying to treat TPSers who originally Entered Without Inspection who then got AP as continuing to be EWIs? That came in part to some section which was essentially treating TPSers who re-turned as resuming their prior status. That obviously didn't get upheld because courts have long held that the "admitted or paroled" requirement in INA 245(a) only requires procedural regularity - you showed up at entry port and as long as you didn't pretend to be a citizen and were let in you satisfy it. Even if that entry was by fraud or negligence of the inspecting officer. Like the question isn't the "entry" part of it, it's if the old K-1 is still somehow dangling over you since a K non-immigrant can only AOS based on a petition from the person who got you said K visa. Anyways I shot that person a message and until I hear back I don't really have much else to add. Now they did try to use AP, got a new I-94, and were denied due to the old K-2. Like personally as is, my advice would be - yeah sure try that, but be ready to file proceed via the DS-260/I-601A process if that fails.

Now, don't quote me on it but I do know one DACAer who was a K-2 overstayer (same rules apply) who tried that (left and re-entered with AP) and was denied. Your problem isn't TPS, your problem is the K-1. Now, I'm having a hard time finding anything to explain this specific situation, policy manual sucks and I suspect that there might not be a concrete rule in this case (i.e. does AP wipe a prior K-1). So, you can try that, but you should plan on needing an I-601A waiver instead. Or just skip that part and just proceed straight to an I-601A and consular processing since that definitely will work. I'll shoot the aforementioned a message and see if I can get a copy of the I-485 denial and what exactly USCIS wrote there.

Listen, send it in, you don't really stand to lose anything by asking something they might've been doing already.

Yeah, send it to Lawrence Field Office. Honesty this is something you should've done way back when you got the I-360 receipt notice. They normally only hold those things for 30 or 60 days so I guess you did get lucky with that regard that they didn't just deny it sometime in the past years. Also yes, if you don't tell them "hey, got my I-360 approved, unfreeze my I-485 and transfer" then they won't because the very reason why your I-485 is still sitting in abeyance is because it fell through the cracks.