Demise

N-400 you have to pay the fee or get a fee waiver, unlike most other things that are just blanket free for VAWA beneficiaries these days regardless of your ability to pay. In order to get the I-912 fee waiver approved the normal requirements apply: You, your spouse, your child, or your parent (if under 21 or disabled), are receiving a means-tested benefit. Your household income is at or below 150% of US poverty line. You are currently experiencing extreme financial hardship, including hardship from unexpected medical bills or emergencies, that prevents you from paying the filing fee. https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver

That's correct. 3 years under VAWA, you can file up to 90 days early which in your case will be September 3rd. You should be able to file it online.

1. Generally employers are not required to re-verify employment authorization for permanent residents if they presented a green card. With LPRs reverification is only required for ADIT stamps (aka I-551 stamps), MIRV (the endorsement on/near an immigrant visa), and expired green cards w/ extension letter from I-751 or I-829. Looking at the rules, reverification is not required for a CLPR who presented a valid green card on hire, even if it's a 2 year one. https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/71-lawful-permanent-residents-lpr 2. IRS doesn't really care or verify whether or not one is authorized to work. They will happily take their cut from someone whose employment authorization has expired or someone who never had one in the first place. Being a "resident alien" from immigration standpoint and being a "resident alien" from the tax standpoint are two different things. Anyways back to the OP: Tell your friend to get a lawyer. USCIS does permit late filings of I-751 (regulations require for good cause, but USCIS tends to play a bit loose with that) and a lawyer should be able to dress it up so USCIS will accept it.

Also bit of a follow up since my previous post is outside of edit window: While the changes in the fee schedule are a net negative, they are good for VAWA self-petitioners since now: VAWA I-485 is free (previously you had to pay the filing fee or get a fee waiver) Initial and renewal VAWA AOS I-765 and I-131 remain free. Renewals will become less of a factor since AOS EADs are issued for 5 years now. Replacement VAWA AOS I-765 and I-131 are now free too. The issue of the donut hole caused by getting a fee waiver on I-485 where you had to pay for I-765/I-131 or get another fee waiver is gone. Waivers (I-601, I-212, I-601A) are now free. I-290B on reopen/reconsider on VAWA AOS (all associated forms) are now free. If you have kids abroad I-824 for follow to join for them are now free. Technically getting a new approval notice is free too but I'd just recommend doing a FOIA to get a copy or asking your senator to poke USCIS to re-send it.

I don't believe there's anything in the regulations entitling you to supervisory review, outside of getting denied and appealing using form N-336. It's more just a matter of USCIS's internal procedures - generally rank and file employees don't have the power to make a decision on the case. They make their determination and then bring it to their supervisor to enter a decision. In any case, asking for it can't hurt because maybe the employee will just go "huh, yeah, that makes sense" and reverse themselves, or the supervisor will see that sentence and pay closer attention to it. It is possible for the application to go from the employee to the supervisor to the director of service center to USCIS counsel. So just ask for it, worst case scenario - you get denied and will have to appeal, which is where you're going if you don't fight now. You can file it yourself. All you need is fill out forms I-765 and I-131 and include copy of the I-485 receipt notice. So this is something I found out not even 10 minutes ago, according to the fee schedule: https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf There is no filing fee for the following forms for VAWA self-petitioners and derivatives: I-360 (page 14) I-485 (page 16) I-765 (initial: page 35, renewal: page 37, replacement: page 39) ((c)(9) category code only, i.e. pending AOS) I-131 (page 8 ) I-212 (page 12) I-290B (only for I-485 and forms associated with it, page 13) I-601 (page 19) I-601A (page 20) I-824 (page 23) I'd include an index of documentation, something like Index of Documentation Re: Renewal of Employment Authorization and Travel Authorization as a VAWA self-petitioner Applicant: Your Name (A#XXX-XXX-XXX) Form I-765 Application for Employment Authorization (exempt from filing fee, G-1055 page 37) Form I-131 Application for Travel Authorization (exempt from filing fee, G-1055 page 8 ) I-485 receipt notice as a VAWA self-petitioner Then this gets sent to: USCIS Vermont Service Center 38 River Rd. Essex Junction, VT 05479-0001

That'd be an interesting argument to make. "No Mr. Immigration Officer, my ex is still alive, yes I know he was buried a year ago but he's still voting every election".

Honestly I recommend just getting a lawyer, however in my digging I was able to find this pretty old policy memo: https://asistahelp.org/wp-content/uploads/2018/11/DOJ-Policy-MemorandumL-Instruction-Regarding-the-Expanded-Meaning-of-Section-319a-VAWA-natz-memo.pdf Alternatively, less clear but current: PM Volume 12, Part G, Chapter 3. F.2: Highlighted sentence is the relevant one. It is a good question if a corpse remains a US Citizen after death (I believe the answer is no but I really can't be bothered to look). But the PM states that's not a factor.

In your case - resident since date on the green card. There's three requirements and it's basically whichever was last + 3 years: 1. Need to be married to a US Citizen (USC) for at least 3 years. 2. Need to be a permanent resident (LPR) for at least 3 years. 3. The US Citizen spouse must've been a US citizen for at least 3 years. For example if an LPR marries a USC then the 3 years would count from the date of marriage. If someone marries a USC and then gets their green card (by any means) - then it's 3 years from the resident since date. If two LPRs were to marry and shortly thereafter one would naturalize then it'd be 3 years from the now USC's naturalization.

Just make sure to send the I-765 and I-131 together because then USCIS tends to consolidate them and issue what's known as a "combo card", which is basically an EAD with an annotation that says "Also serves as I-512 Advance Parole" making it good for international travel and it's valid for as long as the EAD will be (5 years). Otherwise the advance parole is issued on a piece of paper, so you know, less durable, more likely to get lost in pile of paperwork and I'm not sure if they issue those for 1 year or for 5 years.

He can file I-765 for an EAD while the I-485 (AOS application) is pending. Previously it was free and I'd just blanket recommend filing for it, right now it depends: If the I-485 was filed before April 1, 2024 - the I-765 remains free to file, so just go ahead and do that. If the I-485 was filed after April 1, 2024 - the I-765 costs $260. Considering that I-485 tends to take over a year and you probably won't see an approval in the near future, I'd recommend filing it because an approved I-765 will let him work, get a social security card, driver's license, and the EAD is a valid federally issued ID good for domestic air travel and whatever else. Note, for category code use (c)(9)( ), NOT (a)(6)( ). C9 is based on the pending I-485 and they are currently issued for 5 years. A6 would be based on admission as a K-1 and would expire the same day as the K-1, in the ideal scenario that'd result in an EAD that's valid for a few days so that's just something that should never be filed. An approved I-765 will not let him travel abroad, would also need to file I-131 for that (free if I-485 was filed before April 1, 2024, $630 after which I think is a huge ripoff).

You can ordinarily only adjust status from ESTA or/and after an overstay as an immediate relative of a US Citizen (spouse, parent, unmarried child under 21). Child of LPR wouldn't be able to adjust partly due to arrival on ESTA (INA 245(c)(4)) and partly due to the overstay (INA 245(c)(2)). Only options would be for the mother to naturalize first or for the kid to undergo consular processing abroad. Minors do not incur re-entry bans, so a waiver shouldn't be needed for consular processing. Well, since the kid is 9 the best option would be to file I-130 denoting that the kid will undergo consular processing. Make sure the kid leaves before incurring a ban. Then go attend the consular interview. One major screw up that happened here was not adding the kid to the petition or if the kid was born after issuance of the immigrant visa just taking her with the mother. A child born to an LPR mother visiting abroad or a parent in possession of an immigrant visa that's still valid can just be admitted as an LPR to the US if that's during the first trip of the parent back to US within 2 years of birth. What about the father, is he a citizen now? If he's a citizen, one way around this whole mess would be for him to be the petitioner, then the daughter could just adjust. Was he a citizen when the daughter was born?

There's not much in the Policy Manual or in the regulations. So the best proof would be the factsheet and N-400 instructions: VAWA Naturalization Factsheet: https://www.uscis.gov/sites/default/files/document/fact-sheets/DO_FactSheet_NatzForVAWALawfulPermResidents_V3_508.pdf Relevant section is on page 2, information about your spouse. And the N-400 instructions: https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf Relevant part is on page 13 that I mentioned before, the paragraph that starts with "NOTE:". The way I would write this would be something like this, feel free to use this, just plug in your info, if still married just take the (ex-) out, if you're divorced by now then just take the parenthesis around (ex-) out. Obviously include a copy of the things listed in attachments: In re: N-400 Application for Naturalization under VAWA Receipt number: XXXYYYYYYYYYY Applicant: Your name (A#XXX-XXX-XXX) To whom it may concern: I believe that this request for evidence is improper and request managerial review. I attended an interview on [date] at [field office]. During this interview the immigration officer contrary to USCIS procedures demanded proof of my (ex-)spouse's citizenship and wouldn't accept any explanation that I am seeking naturalization under VAWA nor wouldn't accept alternate proof I used on my I-360 self petition, and subsequently issued this RFE. Naturalization for VAWA Lawful Permanent Residents Fact Sheet states: The Form N-400, Application for Naturalization, requests basic biographic information about your current and former spouses. However, USCIS will not contact your current or former spouse about your application. In addition, you do not need to establish that you are or were living with your spouse or provide documentation about your spouse. (Exhibit A) N-400 Instructions page 13 states: NOTE: Evidence of the spouse's U.S. citizenship, marriage to the U.S. citizen, divorce or separation, or marital union is NOT required if you obtained LPR status as the spouse, former spouse, or intended spouse of a U.S. citizen who subjected you to battery or extreme cruelty. (Exhibit B) My VAWA I-360 was approved listing class IB1. (Exhibit C) My permanent resident card lists category IB6. (Exhibit D) Previously submitted evidence was enough for USCIS to determine that my (ex-)spouse is a US Citizen and approve my I-360 and I-485 as a self-petitioning spouse of a US Citizen under VAWA. Moreover, demanding further documentation regarding the abusive (ex-)spouse goes contrary to the spirit and intent of VAWA. Especially when demanding a document such as a US Passport or Naturalization Certificate of such spouse since I am simply unable to obtain them outside of my (ex-)spouse giving them to me. Such a demand essentially places veto power over 3 year naturalization under VAWA in hands of an abusive (ex-)spouse. In light of the foregoing I ask that you proceed with my N-400 application for naturalization. _______________________ [Your name] Attachments: Exhibit A: Naturalization for VAWA Lawful Permanent Residents Fact Sheet Exhibit B: N-400 Instructions Page 13 Exhibit C: Copy of I-360 Approval Notice Exhibit D: Copy of my permanent resident card

Only response you can give to the RFE is to explain that the RFE itself is improper and give them page 13 of the N-400 instructions which reads: NOTE: Evidence of the spouse's U.S. citizenship, marriage to the U.S. citizen, divorce or separation, or marital union is NOT required if you obtained LPR status as the spouse, former spouse, or intended spouse of a U.S. citizen who subjected you to battery or extreme cruelty. What's the category code on your green card? IB1, IB6, B21, B26, BX1, BX6, Z14? If it's IB1, IB6, or Z14 then you should straight up write that you are requesting managerial review because the reviewing officer is outright wrongly demanding documentation which is not required of you. If it's B21, B26, BX1, or BX6, then you should write that you are requesting managerial review because you believe that the officer erred in demanding proof of your abusive ex's citizenship from you because: 1. Demanding this proof is contrary to the intent and spirit of VAWA because it essentially locks eligibility for naturalization under the 3 year provision behind documentation belonging to the abusive ex, essentially giving them a veto power over your naturalization, 2. You provided the evidence you were able to obtain: Driver's License, Social Security, and voter information. This information was previously deemed good enough to approve your I-360. Moreover currently only District of Columbia, and municipalities in 3 states (CA, MD, VT) permit noncitizens to vote in local elections, meaning that more likely than not your ex registered to vote following naturalization. 3. USCIS is able to perform immigration status checks in cases that warrant it, and any VAWA cases due to their unique nature where the (ex-)spouse is abusive and thus extremely unlikely to cooperate definitely warrant it.

You can file up to 90 days early. People generally recommend giving it a few days after the 90 days before date comes, so like 85 days or so, just in case so someone counting days on intake doesn't mistakenly return your application.

Since they married and there remains a stepparent-stepchild relationship between you and your USC Stepparent. First and foremost you should do a FOIA to see what exactly happened. Was an I-485 filed for you, if so, was it approved, denied, etc. If I-485 was filed and approved then you'd need an I-90 so they send you a new green card. Otherwise your stepparent could file I-130 on your behalf and you will be eligible to adjust status by filing I-485. Limitations on K-2 adjustment is the same as for K-1s, you can only adjust via a petition filed by whoever got you the K-1 or K-2. That can be the original I-129F (bit late for that), I-130, or a VAWA or Widow(er) I-360.

https://www.uscis.gov/policy-manual/volume-3-part-d-chapter-2 They probably won't give you a copy of the naturalization certificate, but they will take circumstantial evidence like an I-130 receipt/approval notice, marriage certificate listing the spouse's place of birth in the US, if naturalized they will actually do a status check on your behalf where you can give them information about the ex (name, SSN, A#, place of birth, etc). Like, USCIS does understand that part of the eligibility involves documents regarding a hostile third-party and they might be simply outside of your reach.

What's the arrangement you have right now? Do you alternate like a week with you, week with him? Or otherwise keep it close to 50/50 like lets say switch every 6ish months? In case like this I believe you'd answer no to Part 9, 17.g., and tick the box for "no" in Part 6 next to the child. If they did RFE you then instead you can send them an amended N-400 correcting that and give them some proof that you are otherwise financially supporting the child while it's your time, and something to prove you came to this agreement, signed affidavit from the other parent is best or some signed coparenting plan but if he won't sign it then well, you have to give them secondary stuff like emails or texts (maybe affidavits from third parties, hell, affidavit from the kid) and hope for the best. Court order giving you 50/50 and no child support from either party would also work. I'd definitely understand the confusion because on N-400 it asks "Are you providing support for this child" but that question is apparently asking solely about what a normal person would call child support.

Alright, nevermind, yeah USCIS screwed up there.

Yeah it's fine to use it for that. Question though, you say that it was wrongly issued for 10 years rather than 2 following AOS from a K-1. Are you sure it was wrong? BIA has held in Matter of Sesay that if adjusting from a K-1 visa, you can skip the conditions if you've been married for more than 2 years as of the approval date. So the questions are: 1. What's your marriage date? 2. What's the resident since date?

The mail recovery center is in Atlanta, GA. The actual address is not publicly known and no, they won't let you come in person to browse through the piles of misplaced documents. If the card made it there it would likely make it back to USCIS eventually since it reads on the back "If found, drop into any US mailbox. USPS: Mail to 7 Product Way, Lees Summit, MO 64002". You should probably just reach out to USCIS with what you got from USPS and ask that they reprint it, since well USPS doesn't know what happened to it exactly, it might've been sent to the recovery center, it might've equally well fallen behind something somewhere (and well, there were postal workers who went to prison for destroying stuff from USCIS).

VAWA provisions are gender neutral, and yeah what you described definitely meets the requirements. Extreme cruelty is (generally) a pattern of behavior and her actions do seem to raise to that, they definitely do raise to the standard of battery since "she only hit me once" is enough to tick that box and you've had it way worse. So yeah, you have a case, good luck. From personal experience they tend to question the legitimacy of the marriage way harder than they tend to question the abuse part. So my thoughts to you is get a copy of anything you have that proves that, anything with both your names on it, stuff listing common addresses, birth certificates of children (if any), and so on and so forth, basically the same thing you'd normally need for an ordinary marriage case. You can probably come around to the VAWA thread:

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

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.

I got a "can't say, can't tell you an estimate" kind of answer when I asked. I think it's just a job which forces people to act as welcoming as a sign stating "Danger - Active minefield". Walking out of there and thinking "well, things went alright, I guess" is likely the good scenario. According to my lawyer apparently the interviewer liked me. I did overhear some chit-chat between her and her trainee about her cat and made sure to mention my cats. "No, I don't have any children, unless you want to count my cats", lol. I think that helped cause you know, the interviewer can question you anywhere from just nodding to your brief rehearsed answer before moving onto the next question and grill you to the point that the KGB would think it's a bit much.

Interview - 4/29/24 Approval - 5/10/24 Green card in hand - 5/22/2024 So yeah about 3 weeks between interview and green card in hand. It's crazy how happy a piece of plastic makes me.