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kokofee2

2nd marriage while VAWA Petition Pending

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Hi guys,

This is my very first post. I've learned a lot from on here. Thanks for all your post and the great community. Anyway, I've a question. I filed a VAWA petition from my first marriage (it was very abusive) about a year and 4 months ago. The petition was denied seven months after it was filed because I didn't have enough proof of abuse. I appealed it and I've been waiting ever since. I recently got married to my new wife after a year of courtship and filed a new AOS package even though my VAWA petition is pending. This will automatically cancel the VAWA petition. Now, the question is: I'm waiting for my EAD and I'm so broke. I've basically survived without working for a year and four months and I've ran out of $$$, completely drained and behind on bills. I need a job. I'm thinking of getting a low part-time hourly cleaning job (this will give me time to study for my IT exam am planning to take) until my EAD gets in the mail. I'm so broke, it's not even funny. I've never been out of status all my eight years of been in the U.S. Can i get this part time low job while my EAD is on it's way? I need the money guys - this is serious stuff LOL. At least i can pay small bills and take care of little things until my EAD finally arrive in the mail after which i can then go back to working with an IT company. WIll getting a small cleaning job affect my AOS application in anyway??? I need help with making a decision.

Takes for the replies in advance.

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Hi guys,

This is my very first post. I've learned a lot from on here. Thanks for all your post and the great community. Anyway, I've a question. I filed a VAWA petition from my first marriage (it was very abusive) about a year and 4 months ago. The petition was denied seven months after it was filed because I didn't have enough proof of abuse. I appealed it and I've been waiting ever since. I recently got married to my new wife after a year of courtship and filed a new AOS package even though my VAWA petition is pending. This will automatically cancel the VAWA petition. Now, the question is: I'm waiting for my EAD and I'm so broke. I've basically survived without working for a year and four months and I've ran out of $$$, completely drained and behind on bills. I need a job. I'm thinking of getting a low part-time hourly cleaning job (this will give me time to study for my IT exam am planning to take) until my EAD gets in the mail. I'm so broke, it's not even funny. I've never been out of status all my eight years of been in the U.S. Can i get this part time low job while my EAD is on it's way? I need the money guys - this is serious stuff LOL. At least i can pay small bills and take care of little things until my EAD finally arrive in the mail after which i can then go back to working with an IT company. WIll getting a small cleaning job affect my AOS application in anyway??? I need help with making a decision.

Takes for the replies in advance.

you filed for VAWA, it was denied, you appealed but at the same time has since gotten married, now you submitted an AOS application even before your appeal for the VAWA has a result, and would like to work even though your EAD has not yet arrived nor approved.

you have risked and are risking a lot of things. if i were you i wouldn't get that or any job until you get a result for your EAD.

your spouse is supposed to have the capacity to support you, what's really going on?


I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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Hi guys,

This is my very first post. I've learned a lot from on here. Thanks for all your post and the great community. Anyway, I've a question. I filed a VAWA petition from my first marriage (it was very abusive) about a year and 4 months ago. The petition was denied seven months after it was filed because I didn't have enough proof of abuse. I appealed it and I've been waiting ever since. I recently got married to my new wife after a year of courtship and filed a new AOS package even though my VAWA petition is pending. This will automatically cancel the VAWA petition. Now, the question is: I'm waiting for my EAD and I'm so broke. I've basically survived without working for a year and four months and I've ran out of $$$, completely drained and behind on bills. I need a job. I'm thinking of getting a low part-time hourly cleaning job (this will give me time to study for my IT exam am planning to take) until my EAD gets in the mail. I'm so broke, it's not even funny. I've never been out of status all my eight years of been in the U.S. Can i get this part time low job while my EAD is on it's way? I need the money guys - this is serious stuff LOL. At least i can pay small bills and take care of little things until my EAD finally arrive in the mail after which i can then go back to working with an IT company. WIll getting a small cleaning job affect my AOS application in anyway??? I need help with making a decision.

Takes for the replies in advance.

BIG NO ...you cant work without EAD thats illegal(but you would say you know many people who are doing so could be true but it aint right) and that will have more red flags on your AOS case.Please be patient and wait for the EAD .I have some concern though,How do you file AOS when you have a vawa appeal pending? I think whilest your vawa case is pending or appeal you cant marry for you are trying to AOS through that vawa case ,how do you AOS married and have a vawa case pending.Once your appeal is denied your AOS of status too will be denied most likey because the adjudicator will think you married for the sole purpose of green card.All the best.

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Were you AOSing originally from a K1 visa ? If so you can not adust based on marriage to any other person other than the original petitioner. You may be faced with having to leave the US to be able to get status. Working before leaving will complicate things in future filings.


This will not be over quickly. You will not enjoy this.

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Hi guys,

This is my very first post. I've learned a lot from on here. Thanks for all your post and the great community. Anyway, I've a question. I filed a VAWA petition from my first marriage (it was very abusive) about a year and 4 months ago. The petition was denied seven months after it was filed because I didn't have enough proof of abuse. I appealed it and I've been waiting ever since. I recently got married to my new wife after a year of courtship and filed a new AOS package even though my VAWA petition is pending. This will automatically cancel the VAWA petition. Now, the question is: I'm waiting for my EAD and I'm so broke. I've basically survived without working for a year and four months and I've ran out of $$$, completely drained and behind on bills. I need a job. I'm thinking of getting a low part-time hourly cleaning job (this will give me time to study for my IT exam am planning to take) until my EAD gets in the mail. I'm so broke, it's not even funny. I've never been out of status all my eight years of been in the U.S. Can i get this part time low job while my EAD is on it's way? I need the money guys - this is serious stuff LOL. At least i can pay small bills and take care of little things until my EAD finally arrive in the mail after which i can then go back to working with an IT company. WIll getting a small cleaning job affect my AOS application in anyway??? I need help with making a decision.

Takes for the replies in advance.

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you filed for VAWA, it was denied, you appealed but at the same time has since gotten married, now you submitted an AOS application even before your appeal for the VAWA has a result, and would like to work even though your EAD has not yet arrived nor approved.

you have risked and are risking a lot of things. if i were you i wouldn't get that or any job until you get a result for your EAD.

your spouse is supposed to have the capacity to support you, what's really going on?

We had a only joint sponsor since my wife's income doesn't meet the 125% above poverty line for our household size. I've read online on here and on I360 instructions that when one gets married in a second marriage while VAWA is pending the petition will be canceled. I believe it's okay to be married in a second marriage while VAWA is pending. The only thing is that it will get cancelled because a new adjustment of status will be filed based on the new I130. The last thing i want is to complicate things for myself so i will not do the job thing. I will wait for the EAD to come - it should be about 3 months. I know other people who are doing it while out of status but I've never been out of status or I'm not sure if it's okay to work. One thing i do know is that there is a possible that interview will involve scrutiny since it's my second marriage but the fact is that as long as my marriage is in good faith all will be well. Well..., so i think :) What do you guys think. And oh, here is a link (Click here) about someone who seems to have a situation close to mine though there are some differences since i have never been out of status

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BIG NO ...you cant work without EAD thats illegal(but you would say you know many people who are doing so could be true but it aint right) and that will have more red flags on your AOS case.Please be patient and wait for the EAD .I have some concern though,How do you file AOS when you have a vawa appeal pending? I think whilest your vawa case is pending or appeal you cant marry for you are trying to AOS through that vawa case ,how do you AOS married and have a vawa case pending.Once your appeal is denied your AOS of status too will be denied most likey because the adjudicator will think you married for the sole purpose of green card.All the best.

I will wait and not take the risk of working without an EAD. I filed an AOS from a second marriage which will cancel the first or the pending VAWA petition. The pending VAWA petition is valid so long as i do not remarry which i did.

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Were you AOSing originally from a K1 visa ? If so you can not adust based on marriage to any other person other than the original petitioner. You may be faced with having to leave the US to be able to get status. Working before leaving will complicate things in future filings.

No. I was married in 2009 but the marriage was very abusive so i left and filed VAWA in 2010 but i didn't gather enough evidence of abuse or call the police. VAWA was denied because i didn't have sufficient evidence to prove abuse even though i had a lot of statements from friends who knew my situation about abuse. I appealed VAWA which has been pending ever since. I met a beautiful woman early this year 2011 and got married early November and filed for AOS which canceled the pending I360 (VAWA). We got a uncle an only joint sponsor since my wife's income is below the 125% of poverty line for my household income.

Edited by kokofee2

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You became illegal once your VAWA was denied. Go back to Nigeria and work there. You are not legal to work here.

Your statement was very RUDE Miss smarty pants and un-called for. To the OP; Now, the problem I see is who is going to hire you without a EAD card? If you are asking us to tell you how to break the law, we on VJ can not do that. The law states it is illegal to be working without an approved EAD or GC if you are a LPR.

Edited by LIFE'SJOURNEY

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Hi guys,

This is my very first post. I've learned a lot from on here. Thanks for all your post and the great community. Anyway, I've a question. I filed a VAWA petition from my first marriage (it was very abusive) about a year and 4 months ago. The petition was denied seven months after it was filed because I didn't have enough proof of abuse. I appealed it and I've been waiting ever since. I recently got married to my new wife after a year of courtship and filed a new AOS package even though my VAWA petition is pending. This will automatically cancel the VAWA petition. Now, the question is: I'm waiting for my EAD and I'm so broke. I've basically survived without working for a year and four months and I've ran out of $$$, completely drained and behind on bills. I need a job. I'm thinking of getting a low part-time hourly cleaning job (this will give me time to study for my IT exam am planning to take) until my EAD gets in the mail. I'm so broke, it's not even funny. I've never been out of status all my eight years of been in the U.S. Can i get this part time low job while my EAD is on it's way? I need the money guys - this is serious stuff LOL. At least i can pay small bills and take care of little things until my EAD finally arrive in the mail after which i can then go back to working with an IT company. WIll getting a small cleaning job affect my AOS application in anyway??? I need help with making a decision.

Takes for the replies in advance.

in addition to my reply last night, unless you have seen from a legal document that a denied vawa (until your appeal is approved, it's still denied) is automatically cancelled when you remarry, i don't believe it's possible. uscis determines that you don't qualify for VAWA so you can only AOS through the original marriage which is no longer viable. what you should have done was wait and make your appeal strong (show more proof) to ensure an approval, -not remarry which is an obvious red flag


I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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You became illegal once your VAWA was denied. Go back to Nigeria and work there. You are not legal to work here.

No, silly. My VAWA is still pending it hasn't been cancelled yet. But i filed for an AOS from my second marriage early November. I've never worked illegally or been out of status, but i know couple of friends who are working out of status which is why i need to check to be sure. I'm on here to ask for help not to do anything illegal. At least i now know that it's illegal so i wouldn't do it. I need HELP in making good decision since my situation is complicated enough not rudeness.

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I think what NigeriaorBust meant was that if you originally entered the country on a K-1, you can't adjust status in any way besides AOS with the original petitioner or VAWA. If you didn't enter on a K-1 that will not apply to you.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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KokO, you are mis-understanding Nigeria post, you came to the US on a K1, and you can only AOS from that petition, unless you were granted VAWA. In your case you wasn't granted VAWA, and you voided the appeal by getting married.

You have just created another mess for your self.

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No, silly. My VAWA is still pending it hasn't been cancelled yet. But i filed for an AOS from my second marriage early November. I've never worked illegally or been out of status, but i know couple of friends who are working out of status which is why i need to check to be sure. I'm on here to ask for help not to do anything illegal. At least i now know that it's illegal so i wouldn't do it. I need HELP in making good decision since my situation is complicated enough not rudeness.

KokO, you are mis-understanding Nigeria post, you came to the US on a K1, and you can only AOS from that petition, unless you were granted VAWA. In your case you wasn't granted VAWA, and you voided the appeal by getting married.

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