I-360 & I-485

[carguy87 3]

Ok so I think in the right place to post this.

Anyway, I have recently learned about the I-360 Petition, and I think I would qualify but wanted to get some what other people think. Long story short, we meet in High school 04, had our son 06, got married 07, had our daughter 09, and I moved out '11 but was still married, and filed for divorced 12/31/12, finalized August/2013. So yeah divorced now and I only have 1 police report (Oct/12) of domestic violence while we where still married, a cop actually passed by and saw her assault me and she ended up spending the weekend in jail, and had to do some counseling and take classes for anger management and some other stuff, and 1 order of protection that got reduced to only my place of work, as we have 2 kids and have joint custody and the judge said that's the best he could do cus of something with the way we had joint custody of the kids, besides that never called the cops when it got physical, and also had a lot of threats of being deported ect, divorced now, paper shows as divorced August/2013, but it does say that you can petition up to 2 years after divorced. The thing is that I did not know about this before otherwise I would of filled sooner, but since I didn't know, I ended up filling for DACA (Deferred Action for Childhood Arrival) as I was always being threatened with being deported and how it was always on the news I figured that would be my best option, well I was approved and was in effect Oct/2013. So was wondering if I were to apply for I-360 & I-485 would that end up helping me out, having DACA, or would it somehow end up hurting me?

Would love to hear your guys input and what you think.

Edited April 15, 2014 by carguy87

[Hypnos 6,576]

Being a DACA beneficiary will neither help nor hinder any potential VAWA application you might file. As you say, you have up to two years from the date of the divorce to file. You may wish to participate in the VAWA thread here: http://www.visajourney.com/forums/topic/477746-vawa-part-5/

[carguy87 3]

Being a DACA beneficiary will neither help nor hinder any potential VAWA application you might file. As you say, you have up to two years from the date of the divorce to file. You may wish to participate in the VAWA thread here: http://www.visajourney.com/forums/topic/477746-vawa-part-5/

Thanks, I'll look into it

So they basically won't care that I have DACA?

If I file, wouldn't I show up in their system, and maybe help me out since they have all my info from before, marriage certificate, (not divorced yet, was still in process when I applied otherwise would of sent divorced papers too) kids birth certificates, high school diploma, background check, biometrics ect for DACA.

But was also thinking that it might hurt me as DACA is only temporary and they could say that now I'm just finding any way to get my stuff fixed? Then again maybe I'm just being paranoid???

Edited April 15, 2014 by carguy87

[Hypnos 6,576]

If you're a DACA beneficiary and have an EAD then you are already "in the system"; as I said this will neither help nor hinder your VAWA case. Biometrics, once captured, are valid for 15 months. I do not believe that biometrics are used for a VAWA I-360, but they are used in the application to actually receive a green card, an I-485. You can concurrently file these together, but doing so carries risks. For this reason, sometimes battered spouses choose to only file an I-360 first to see if that is approved, before then filing their I-485 based on an approved I-360.

[carguy87 3]

Oh I see.

Yes I have EAD Sept/2013-Sept/2015 from DACA. I just looked at it and I was mistaken when I posted before of Oct/2013.

I had hoped that I would be able to do both. As my DACA EAD expires Sept 2015 and have the GC before then and I would't have to worry about DACA.

[Hypnos 6,576]

VAWA processing times have dropped significantly in the past year. In 2013 it was sitting at around 16 months, now they are at less than 6 months (officially, at least).

[henry10700 2]

Ok so I think in the right place to post this.

Anyway, I have recently learned about the I-360 Petition, and I think I would qualify but wanted to get some what other people think. Long story short, we meet in High school 04, had our son 06, got married 07, had our daughter 09, and I moved out '11 but was still married, and filed for divorced 12/31/12, finalized August/2013. So yeah divorced now and I only have 1 police report (Oct/12) of domestic violence while we where still married, a cop actually passed by and saw her assault me and she ended up spending the weekend in jail, and had to do some counseling and take classes for anger management and some other stuff, and 1 order of protection that got reduced to only my place of work, as we have 2 kids and have joint custody and the judge said that's the best he could do cus of something with the way we had joint custody of the kids, besides that never called the cops when it got physical, and also had a lot of threats of being deported ect, divorced now, paper shows as divorced August/2013, but it does say that you can petition up to 2 years after divorced. The thing is that I did not know about this before otherwise I would of filled sooner, but since I didn't know, I ended up filling for DACA (Deferred Action for Childhood Arrival) as I was always being threatened with being deported and how it was always on the news I figured that would be my best option, well I was approved and was in effect Oct/2013. So was wondering if I were to apply for I-360 & I-485 would that end up helping me out, having DACA, or would it somehow end up hurting me?

Would love to hear your guys input and what you think.

I just filed my I-360 and wanted to say Hello.

[carguy87 3]

Hypnos that's awesome! Hopefully won't take too long for me.

Hello henry how's it going? Good luck with it