VAWA DENIED

[micandmic 0]

Hello Everyone,

I recently got denied for AOS through VAWA..I have two questions: Do you know if you can still use your work permit and social during this trail or it's not valid anymore?

And second question...Is it better to reapply or re-appeal?I do have a lawyer, but Im not sure he knows what's best.

Also, if you don't re-appel or reapply...Do they give you deportation, or how does this work?

Thank you so much!!

[jaycali 415]

K-1 visa? Did you get married already?

[micandmic 0]

K-1 visa? Did you get married already?

Divorced.

[ladyg 10]

Hello Everyone,

I recently got denied for AOS through VAWA..I have two questions: Do you know if you can still use your work permit and social during this trail or it's not valid anymore?

And second question...Is it better to reapply or re-appeal?I do have a lawyer, but Im not sure he knows what's best.

Also, if you don't re-appel or reapply...Do they give you deportation, or how does this work?

Thank you so much!!

You can still use your social and work permit .Appealing is a waste of money and time very rare that USCIS will reverse there decision.The best you can do is re-apply I think that should be 30 days from the day you received the denial letter ,the denial letter should have reasons for denial.Gather much evidence as possible and also write your testmony in detail.What was the reason for denial ? If you dont re-apply or appeal within the period they stated on your denial letter thereafter deportation process will begin.

[micandmic 0]

Thank you so much,

It's very confusing, because 6 months ago they asked me for just one RFE, TO prove the husband was a US citizen and i a copy of birth certificate...and now , just got Denied, no interview , no NOID.

Im suppose to get the letter from them, in couple days, to see what's the exact reason.

So if i re-apply for I-360, I can still stay in US without re-applying for I-485...or I have to do both in the same time , or immediately after.Im just thinking money wise, because I-485 it's pretty expansive.

I really appreciate your help..

[VanessaTony 3,567]

Your social is fine. Your EAD is probably voided. Re-read the denial letter. Normally it says EAD and AP are cancelled.

[ladyg 10]

Thank you so much,

It's very confusing, because 6 months ago they asked me for just one RFE, TO prove the husband was a US citizen and i a copy of birth certificate...and now , just got Denied, no interview , no NOID.

Im suppose to get the letter from them, in couple days, to see what's the exact reason.

So if i re-apply for I-360, I can still stay in US without re-applying for I-485...or I have to do both in the same time , or immediately after.Im just thinking money wise, because I-485 it's pretty expansive.

I really appreciate your help..

[ladyg 10]

Okay so when you get the letter work on the reason/s they denied.As long as you appeal within the time range they wont issue you deportation proceedings until your case worked on meaning you can still stay. You can file I-360,I-485 and I-765 that is if I-765 has been revoked.Like I said before work on your evidence and your testmony is the main thing which should be in line with your evidence.

[micandmic 0]

Ok, thank you...So I know Vawa it's free, but for the rest of application I have to pay again?

My EAD expires at the end of this month, I applied to re-new it , but they sent money order and application back and in the same time i got e-mailed my denial.

Anyways thank you, I got to see the letter first, It's just Im trying to gather as much info as I can.

Thank you

[JimVaPhuong 4,863]

Ok, thank you...So I know Vawa it's free, but for the rest of application I have to pay again?

My EAD expires at the end of this month, I applied to re-new it , but they sent money order and application back and in the same time i got e-mailed my denial.

Anyways thank you, I got to see the letter first, It's just Im trying to gather as much info as I can.

Thank you

The other forms - I-485, I-765, etc. - are eligible for a fee waiver since your I-360 does not require an affidavit of support. If you can prove you're collecting means tested public benefits, or have a household income of less than 150% of the poverty guidelines, or have another provable financial hardship, then you can get a fee waiver for the other applications. See the instructions for the I-912 fee waiver request form.

Whether you can refile will depend on the basis for the denial. If the I-360 was denied for lack of evidence (without prejudice) then USCIS would probably accept a new I-360. If it was denied for lack of standing (with prejudice) then they probably wouldn't accept a new I-360, and they would instruct you that your only recourse was to attempt to appeal the previous petition's denial. An example of lack of evidence would be if they weren't convinced by the evidence presented that you'd been subjected to extreme cruelty and abuse. An example of lack of standing would be if you'd filed the I-360 more than two years after divorcing the accused abusive spouse, and were statutorily ineligible to file under VAWA. In either case, you could file an appeal within 30 days of the denial. Appeals are usually denied unless you can either prove the denial was clearly in error, or you can provide new evidence that would have changed the outcome if the evidence had been submitted before the decision.

If you don't have confidence in your attorney then hire a new attorney.

[micandmic 0]

I never went through a USCIS process with my husband, he never intended to.I got my SSN and EAD after I applied with VAWA.

Now it looks like they won't renew my EAD, so in couple weeks will expire, so I won't be allowed to work.Also my SSN says it's valid only with my EAD.So basically , they taking everything from me, but they still want me to pay fees for re-apply, motions or re-appel.

Does anyone know if those fees can be waived?

Thank guys

Sorry , I just realize you wrote about fees.Thank you

[micandmic 0]

The letter says it's because of not sufficient evidence in good faith marriage.I submitted photos, lease agreement and some emails, they say it's not enough.

What else can I get except banks and mortgages cause I don't have that?

Thank you

[Sara khan 0]

marriage certificate

[jaycali 415]

The letter says it's because of not sufficient evidence in good faith marriage.I submitted photos, lease agreement and some emails, they say it's not enough.

What else can I get except banks and mortgages cause I don't have that?

Thank you

It sounds to me like they think you entered into a marriage to get a green card, and then tried to claim abuse in order to divorce and stay in the country unmarried. If that sticks, you'll be deported.

Did you and your husband have any Co-mingling of finances other than mortgages or bank accounts? Car? Insurance?

Did you submit photos from various different occasions and seasons? 10 photos from Thanksgiving won't do you any good. They'll think its staged. One from Thanksgiving, one from xmas, one from Romania, one from the summer, one from a vacation etc. is much much better because they won't believe they're all staged. If submitting photo evidence, make sure you can tell they were taken at very different times, and in very different situations.

Do you have chat logs to go with the emails? Maybe a sworn affidavit or two from people who know you and your situation?

[micandmic 0]

Married for two years and a half for green card and we never applied for my papers???

I could not leave US to go back to Romania,had no documentation, I was just married to him, that's all, we never applied for papers with Immigration.

I submitted photos, declarations, apt lease and some receipts.

We were not at that level to buy houses or cars.We used public transportation in NYC.