VAWA self-petition, Called self-petition for a reason Add to Watch List Options

[Kim_G]

Whoever on this site needs tips on how to file VAWA self-petition, contact me. I've gone through a long battle with USCIS regarding my case, and have a load of experience to share with people who cannot afford to pay the attorney fees.
My piece of advice to everyone who is researching VAWA petition is - you CAN do it yourself.

[musafir]

Whoever on this site needs tips on how to file VAWA self-petition, contact me. I've gone through a long battle with USCIS regarding my case, and have a load of experience to share with people who cannot afford to pay the attorney fees.
My piece of advice to everyone who is researching VAWA petition is - you CAN do it yourself.

Hello:

Can you please tell me is it better to file I-360,l-485 and I-765 together?

I was really hopeless so I hired an attourney but I think he is not that experienced on this VAWA cases. He said we should only file I-360? Can you please help me?

WOuld my work authorization through my husband will be revoked? once my I-485 interview is missed wiht my husband? the interview date is Nov 16th. Obviously we are not going to go together. We are separated. Please advise! THank you,

[Kim_G]

Whoever on this site needs tips on how to file VAWA self-petition, contact me. I've gone through a long battle with USCIS regarding my case, and have a load of experience to share with people who cannot afford to pay the attorney fees.
My piece of advice to everyone who is researching VAWA petition is - you CAN do it yourself.

Hello:

Can you please tell me is it better to file I-360,l-485 and I-765 together?

I was really hopeless so I hired an attourney but I think he is not that experienced on this VAWA cases. He said we should only file I-360? Can you please help me?

WOuld my work authorization through my husband will be revoked? once my I-485 interview is missed wiht my husband? the interview date is Nov 16th. Obviously we are not going to go together. We are separated. Please advise! THank you,

Musafir,

It depends on your situation - are you or were you married to US citizen? If so, you can file your I-485 packet together with your I-360 because you are not subject to prioritization of processing dates. I believe your spouse is a US citizen since you've mentioned the work authorization that you got through him. If he already filed I-130 family petition for you, and it's the basis of your I-485, then you simply file your VAWA self-petition with Vermont Service Center, and go to the interview alone and explain to the officer that due to domestic violence/abuse your spouse did not accompany you. Present the officer with a receipt of your VAWA application (if you already have it) and ask them to substitute VAWA for I-130. That way you Adjsutment of status application will remain pending until VAWA is decided. For as long as I-485 is pending, you can keep your work permit and be legally employed!

This post has been edited by Kim_G: Nov 3 2009, 08:36 PM

[Kim_G]

I should mention this too- since the date for the interview is coming up, you may not be able to file your VAWA self-petition by that time. You should still go to the interview (failure to show up will result in denial of your AOS application and all immigration benefits, such as work permit and advance parole), explain to the interviewing officer that you are about to file VAWA and request that they hold your I-485 in abeyance until your VAWA is decided.
Request to hold I-485 in abeyance will result in preserving your AOS application along with your work permit. You will NOT have to apply for another work permit.

[konjo]

My two cents...

I think there is a time limit that they can hold the I-485 in abeyance. I think it's something like 30 days - please verify . If you take too long then the I-485 will be administratively closed and then you will have to refile that and the I-765.

This post has been edited by konjo: Nov 5 2009, 07:45 PM

[Kim_G]

My two cents...

I think there is a time limit that they can hold the I-485 in abeyance. I think it's something like 30 days - please verify . If you take too long then the I-485 will be administratively closed and then you will have to refile that and the I-765.

You request them to hold I-485 in abeyance pending determination on VAWA, which means you're asking the district office not to touch your I-485 file until they hear back from Vermont.

[konjo]

Really? Very interesting. This is what we requested but it ended up being administratively closed but not denied and no one could explain why. My lawyer then told me it's coz we took too long to file the I-360 (almost 2 months). I don't know what I paid that woman to do for me!!!!

[Kim_G]

Really? Very interesting. This is what we requested but it ended up being administratively closed but not denied and no one could explain why. My lawyer then told me it's coz we took too long to file the I-360 (almost 2 months). I don't know what I paid that woman to do for me!!!!

Adminsitrative closure is not described in regulatory law, so basically USCIS goes by their internal guidelines with regard to that. It is known though that after you request to hold I-485 in abeyance, you need to file a self-petition ASAP, even if you don't have all the supporting documents (these can be added at a later time or USCIS will request them from you).
Since they did not actually deny your I-485, you can file a motion to re-open that case.

[konjo]

Wow...I am still amazed. I spoke with so many people about my initial case being closed and not even one person said I could re-open it. I can't believe $1010 went down the drain. I am going to see another lawyer to go with to the interview.

This post has been edited by konjo: Nov 6 2009, 06:09 PM

[Kim_G]

Wow...I am still amazed. I spoke with so many people about my initial case being closed and not even one person said I could re-open it. I can't believe $1010 went down the drain. I am going to see another lawyer to go with to the interview.

Hi, konjo

Motions to reopen a case cost money - just under $600 now, but it still is cheaper than giving another $1010 to the government. Usually, lawyers charge a big fee to handle motions to reopen, perhaps that was the reason why your attorney did not offer it to you. It just seems to me that way too many lawyers charge clients for doing nothing!

[loneman]

Wow...I am still amazed. I spoke with so many people about my initial case being closed and not even one person said I could re-open it. I can't believe $1010 went down the drain. I am going to see another lawyer to go with to the interview.

Hi, konjo

Motions to reopen a case cost money - just under $600 now, but it still is cheaper than giving another $1010 to the government. Usually, lawyers charge a big fee to handle motions to reopen, perhaps that was the reason why your attorney did not offer it to you. It just seems to me that way too many lawyers charge clients for doing nothing!

Hello Kim,

I married my fiancee but it turned out that she had HIV.. she told me abt that the day she married me and we had been sleeping together before that although with protection.... but i got scared.. and i had to run away..... i left even my luggage there..... so basically i have no evidence to support my vawa... please help me out

[loneman]

Wow...I am still amazed. I spoke with so many people about my initial case being closed and not even one person said I could re-open it. I can't believe $1010 went down the drain. I am going to see another lawyer to go with to the interview.

Hi, konjo

Motions to reopen a case cost money - just under $600 now, but it still is cheaper than giving another $1010 to the government. Usually, lawyers charge a big fee to handle motions to reopen, perhaps that was the reason why your attorney did not offer it to you. It just seems to me that way too many lawyers charge clients for doing nothing!

Hello Kim,

I married my fiancee but it turned out that she had HIV.. she told me abt that the day she married me and we had been sleeping together before that although with protection.... but i got scared.. and i had to run away..... i left even my luggage there..... so basically i have no evidence to support my vawa... please help me out

''


All i know is that name of her tablets and the fact that her doctor who was giving prescriptions to her for her HIV control was a nepalese doctor.... he had a long name which i cant pronounce.... she never told me abt her HIV and even her kids didnt know abt it.... so tell me what should i do... i dont live with her anymore... i have moved to live with some friends in a different state... am waiting for yr reply...

[Kim_G]

Hello Kim,

I married my fiancee but it turned out that she had HIV.. she told me abt that the day she married me and we had been sleeping together before that although with protection.... but i got scared.. and i had to run away..... i left even my luggage there..... so basically i have no evidence to support my vawa... please help me out
[/quote]

All i know is that name of her tablets and the fact that her doctor who was giving prescriptions to her for her HIV control was a nepalese doctor.... he had a long name which i cant pronounce.... she never told me abt her HIV and even her kids didnt know abt it.... so tell me what should i do... i dont live with her anymore... i have moved to live with some friends in a different state... am waiting for yr reply...
[/quote]


Hi loneman,

You have to provide the details about where you are in the immigration process - are you a conditional resident trying to remove conditions on your green card, or are you a beneficiary of an approved I-130? Or, perhaps your I-485 is pending, but you don't know how to pursue it now? That might help me give you an appropriate answer.

If you are determined to file a self-petition under VAWA, you will have to prove certain elements of your relationship with your spouse (1) qualifying relationship (marriage certificate) (2) residence (proof of having lived together) (3) good faith marriage (as opposed to marrying for immigration benefits) (4) battery or extreme cruelty (in your case you would have to convince USCIS that your spouse intende to infect you with HIV)
(5) and finally, your good moral character (police clearances for the past 3 years from each location you resided at)

I'm not sure what you need help with precisely, so just be more specific

[sachinky]

I'm not sure how your fiancee having HIV qualifies you under VAWA. Of course, it's not right that she didn't tell you about her condition, but you'd be hard pressed to prove cruelty/abuse.

I'd speak to an immigration attorney.