I am advocating for a friend here. It has taken a lot to see her through this and deal with the fear and fallout of doing this. The current state is devastating.
Her VAWA was approved and then I-485 denied. Need advice here.
VAWA was filed just before she turned 25 as an abused child. Her American stepdad and Dutch mom withheld doing her paperwork after a tourist visa ran out. She was like 11 when she entered the country. She had a bad car wreck with TBI and was appointed a attorney firm as a Conservator and called "An Adult Protected Person".
Her tourist visa expired while she was in the Conservatorship and before she turned 18. The Conservatorship was Discharged after she turned 18. She had no ID, no bank account, etc. They in effect discharged her as an illegal alien.
Fast forward till she gets thrown out of the parents’ house for the last time after her parents’ drug fueled fights. Years later, but, before turning 25 overcoming severe PTSD, feelings of Doom, anxiety, etc. she finally gets the courage up to file VAWA as a child of an abuser. The app gets approved as "Extreme cruelty" was an understatement. Child Protective Services failed her...
Part of the abuse was her mom saying get married to fix the problem while looking at her mom’s own illegal alien status as her US husband refuses to do her mom's paperwork. So she is not married for this and other reasons.
The I-485, filed July, 2011 kicks in after the VAWA approval. It is denied due to:
A family biased preference category of ‘family based preference’ B11 and should have a date of before May 1, 2004. You provided no evidence that a immigrant visa is immediately available to you on any other basis.
You were present in the US contrary to law when you filed the application as your lawful nonimmigrant had already expired. You should make arrangements to depart as soon as possible. (Aka GTFO!)
Her attorney recommends a second opinion and suggests:
1) File a motion to reconsider
2) File a request for a Notice To Appear (NTA)
3) Get married.
4) Depart the USA.
5) Wait till the Priority date becomes current and re-file adjustment then.
Other suggestions are
1) Immigrant advocate groups
2) Get the media involved.
3) I could write my congressman or representative about this case.
Hello Vjers, I need help from anybody who has had experience with the RFE. I received RFE for incomplete 1-864 and I sent it back last friday. I tracked it on USPS and it was received yesterday(10/06/2013. My question is how long does it take before I get a response back from the NBC.
Just a little confused concerning co-sponsorship for the I-134 household size. What would be the total number, including my fiance (with no children), that my mom would have to sponsor? Currently The house is owned by her ex bf who is in no relation to our family and also is not currently living in the same house, but in an apartment of his own. So as of right now it is only my mom and I living together in her ex bf's home and I am also not listed as a dependant on her taxes.
So what would the total number of the household size be altogether that my mom would have to sponsor for the I-134?
And to my understanding, the poverty guidelines must be at least 100% for the I-134, correct? Specifically for the Netherlands if anyone is able to provide me with that info...
Also, if my mom's ex bf doesn't count for the I-134, will it become mandatory that he later has to be included in the I-864 as he owns the household?
My husband and I are about to move to a different state and I have a couple questions that the USCIS helpline has not been able to answer. Before scheduling an info-pass appointment, I thought I'd ask if maybe anyone here has had a similar experience..
Our situation is as follows. I entered on a K1 visa and we got married within the 90 days. We sent in the I-485 application on the last day my i-94 was valid (Jan 22) and received NOA1 date Jan 28, 2013. The field office that is processing my i-485 (Kansas City) is currently processing file dates of Oct 31, so I guess we're at least 3 months out still.. The field office (Oklahoma City) that they would have to transfer my paperwork to once we move is currently processing file dates of Oct 21.
My question is once we move, do I keep my initial NOA1 filing date (Jan 28) or will I end up at the bottom of the stack as a June something?
Anyone gone through the same thing, moving while AOS was still pending? Any tips and insight much appreciated! Not moving is not an option for us, since my husband is in the military.
Also, I do already have my combination EAD/Advance parole card. I would really like to make a trip back to the Netherlands to visit family, but I'm uncomfortable with the idea of using the advance parole because of the 6 day gap between I-94 expiration date and NOA1 date. I think they call this unlawful presence? I know that if you accrue over 180 days and leave/try to reenter the country, you will be banned for 3 years. However, I can't find any official statement by USCIS about what happens if you have less than 180 days of unlawful presence. I have seen some posts here on visajourney of people successfully using advance parole with uccrues unlawful presence of less than 180 days, but I've also read posts of CPB officers not even recognizing the combination EAD/Advance Parole card. Just weighing risks and benefits..
Anyone have recent experience using Advance Parole (with accrued unlawful presence less than 180 days) to a European country?
Sorry for the lengthy post.. Looking forward to hearing your thoughts/experiences!
So my fiance tells me that he's having second thoughts about going through with the visa. We've been feeling the strain lately of the being apart, we thought the visa process would be over and he'd be here by now. The last several months have really taken a toll and we aren't nearly as close and intimate as we used to be. So now he's worried, what if he leaves everything there, his job, his home, a lot of his stuff, and comes here to marry me, and it doesn't work out. Suppose we end up not being compatible long term in person. Suppose this lack of intimacy continues and we never get back that "totally in love" feeling.
Not sure what to do here.
I guess i need specifics on how the process works if it doesnt work.