VAWA RFE

[Royce 0]

I filed for VAWA case sept. 2016

I received RFE on August 11th 2017, which according to the attorney was very extensive, it asked for evidence on:

-Good faith marriage

-Good moral character (I already submitted clearance from the sheriff department and affidavits from people in the US, now they require clearance from back home -Egypt)

-Evidence on battery/abuse etc

-Evidence that we cohabited

Attorney from the start of the meeting said very clearly that me, being Muslim, male could be a factor in making my case very unlikely to be approved...

With that said, I didn't have enough evidence on good faith marriage other than tons of pictures together and a statement or two from friends, and then my personal statement truthfully explaining the situation.

Then the "Egyptian" background clearance thing was practically impossible for me in the time frame (3 months) and I explained that I provided a clearance to the embassy/Department of State before I came to the US which is mandatory thing, being here means I already passed such a check and I didn't leave the states since then. Attorney also attached a copy from a MBA degree that I obtained in the US as part of this segment of RFE response.

I provided a letter on counseling sessions that I attended previously and I provided another statement from a psychiatric (extensive evaluation) that said I have concerning level of depression and severe trauma etc

I couldn't provide insurance or lease copy but I sent several receipts on the address and a joint bank statement etc I also explained in my statement that the time I spent there was brief and I couldn't stay for too long and preferred homelessness over abuse. I explained that during this short marriage it didn't occur to me to gather evidences on such things because I didn't have all that in mind, I knew about VAWA by coincidence when I was looking for some help in a non profit and they advised me to do that.

 

We sent the RFE response on Nov 2nd 2017, and now the USCIS processing time for Vermont says they are on cases from Sept 2016. Do they process RFEs as a new case, or will it be sooner? and why I have a very bad feeling about that? even the attorney -I can tell she had very little confidence ...

[Boiler 43,402]

The background checks of a non immigrant visa like a F1 are limited and would not go to the extent of Good Morale Character. 

 

You certainly do not seem to have mutch, if you are not comfortable with your Lawyer appoint another? Or carry on with whatever were your plans before your brief marriage.

 

[Hypnos 6,576]

3 hours ago, Royce said:

Attorney from the start of the meeting said very clearly that me, being Muslim, male could be a factor in making my case very unlikely to be approved...

I very much doubt this to be the case.

[geowrian 22,335]

Being Muslim or male has no impact on the VAWA process. Or at the very least, there's no actual data to support your attorney's statement. The VAWA process is evidence-based.

That said, things like a difference in religion between the spouses can be 1 component - among multiple - of believing a marriage is not bona fide.

 

3 hours ago, Royce said:

We sent the RFE response on Nov 2nd 2017, and now the USCIS processing time for Vermont says they are on cases from Sept 2016. Do they process RFEs as a new case, or will it be sooner?

RFEs are not processed as a new case, but there is no strict timeline either. The case is assigned to an officer already, so they will resume processing in accordance with that officer's workload (assuming it remains with that officer). Generally, they try to adjudicate a case (or send another RFE) within 60 days upon receipt of an RFE, but obviously this varies heavily based on the type of RFE sent and the response received. If it's over 60 days, you can send a service request to check on it. But other than that, it's a waiting game now.

 

I would also suggest reading through the current VAWA thread:

 

[Royce 0]

Thanks for the feedback and useful information. Being a (Muslim&Male) wasn't on my mind until the attorney suggested it could be a factor -after a discussion with her supervisor, and that the final say is up to the officer to decide.

Also; finances are limited, I can't hire another one.

Also; as people who have been in depressing or traumatic circumstances before will tell, you can't simply "shrug it away" or "brighten up" people don't simply forget and move on, people spend endless nights staring in the dark with morbid thoughts and zero energy. You eventually stop thinking rationally at all. And finally; when you lose everything and see your entire life shattered to the extent of homelessness, with all what's above, you can't resume anything at all whatsoever. Human chemistry is too complex and it can be darker than any statement will explain, and you have to go though all this alone without complaining about it just hide it deep inside.

 

Thanks for the feedback, hope for the best and wait for the worst.

[Royce 0]

For some reason I can't log in with the original account, I am the person who posted this.

So I received a case update and checked the status online, that said my case was approved.

Should I feel happy or what? I am very anxious now. They said they will send instructions (to my attorney) what should I prepare for? As far as I know, she filed everything at once (I-360, green card application, work permit request form). 

I assume there are further steps because government don't automatically do things for people but can I do it on my own without attorney and what are these steps? Thank you

 

[geowrian 22,335]

Congrats!

It sounds like everything is moving along well to me. I'm assuming the I-360 was approved, but you're still pending the I-485, right? If so, then expect an interview notice eventually.

[Royce 0]

Maybe the attorney doesn't really know!

So on Jan 8th (almost 2 months after RFE received) form I-360 /self petition for VAWA was approved

Today form I-485 for adjustment of status was "transferred to another office:

Quote

On January 29, 2018, we transferred your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number ###########, to another office for processing and sent you a transfer notice. The notice explains why we transferred your case. Please follow the instructions in the notice

Is this normal? do they send it to a field office maybe?

I think the attorney lost the first notice because I didn't get anything from her and she is not answering! I still can request a copy but I live in a place where I can't receive mail and I have a p.o box but they won't send on it. It has to be a residential address.

Thanks

[Hypnos 6,576]

Yes. The I-485 has to be transferred to your local field office for an interview after the I-360 has been approved by VSC. This is normal for VAWA.

Edited January 30, 2018 by Hypnos

[Royce 0]

Makes sense thanks

[Royce 0]

Hello again, I just received a notice that my I-485 application was sent to national benefit center (address in Missouri) I was thinking a field office is normally where it goes?

and then I checked on the USCIS.gov for time frame and didn't find any I-485 category at that center, they seem to be processing other stuff I-129, 130 etc

do I need to contact them or is that temporary until the case will be assigned to a field office?

[EM_Vandaveer 2,366]

Eventually they'll send your case to your local office and send you an interview letter. Try to find someone who can receive mail for you. Apparently your lawyer cannot be trusted with giving you the USCIS Mail in a timely manner. If an interview letter is sent, you don't receive it in time and you miss your interview, your AOS would be denied, creating unnecessary complications.

Edited February 15, 2018 by EM_Vandaveer

[Royce 0]

Thank you very much

[Royce 0]

Question: if I move will the file be transferred accordingly or do I still have to attend interview in San Francisco no matter where I settle down?

[Hypnos 6,576]

You will interview in the new district where you claim residence.