Vawa Part 5

[Sandra G. 5,026]

vawa111 it seems I did not pay enough attention in your question,I though you are just wondering about keep going to college but now i realized you are planning to renew your student visa. F-1 is supposed to be a non-immigrant visa that requires non-immigrant intent, but when you applied for I-485 you showed immigrant intent.If the alien visa was issued before filing I-485 then there is no conflict in keep studying when the I-485 is still pending, but renewing or changing status of a non immigrant visa after I-485 was filed yes there is a conflict between a non immigrant and a immigrant visa. AOS decision is discretionary, it means the adjudicator can decide the AOS case second his/her opinion and not just the Law. I can just tell you what the Law states, I can't advise you what to do in this case.

Edited February 16, 2014 by sandranj

[vawa111 2]

vawa111 it seems I did not pay enough attention in your question,I though you are just wondering about keep going to college but now i realized you are planning to renew your student visa. F-1 is supposed to be a non-immigrant visa that requires non-immigrant intent, but when you applied for I-485 you showed immigrant intent.If the alien visa was issued before filing I-485 then there is no conflict in keep studying when the I-485 is still pending, but renewing or changing status of a non immigrant visa after I-485 was filed yes there is a conflict between a non immigrant and a immigrant visa. AOS decision is discretionary, it means the adjudicator can decide the AOS case second his/her opinion and not just the Law. I can just tell you what the Law states, I can't advise you what to do in this case.

Thank you Sandra,

YEs in the end it all depends on the IO.

I sign to school 2 years ago, and after I apllied for I485 I still kept going to school which proofs I was not there only for status. Now the school is over and dotn have to continue, I think.

I will decide soon and I will consult with the lawyer what is the best in my case.

Thank you for making this clearer to me.

[Miangela 0]

Sandra My biometrics appointment letter had code 02 on it . Last year they took finger prints one by one but this year only my right index finger

[piper2013 4]

vawa111,

I am in a similar situation. I have a valid I-20 AND a pending I-485. The I-20 is expiring in May. If the I-485 does not get approved by May, my school will ask me to decide what I want to do. Do I have a green card or do they renew my I-20?

I am not going to be reapplying for another F1 visa. (A lawyer even told me that once I have applied for immigrant status, I probably will never be approved for another F1, because I have shown "immigrant intent." But we can stay in the country with a pending I-485.

At the same time, in order to continue studying without a green card (I-485 still being pending), the International Student Office will have to issue a new I-20. I think this should be OK - as long as you don't use this I-20 in order to apply for a new F1 visa. If you apply for an F1 visa, there will be a contradiction (immigrant intent v. non-immigrant visa), as Sandra says. But if you don't apply for a new F1 visa, I don't think that issuing a new I-20 is a problem (as it just continues your international student status - in which you currently are - while you are waiting for your AOS approval). The way I understand it, getting a new I-20 is not a problem while waiting for AOS. Getting a new non-immigrant visa, however, is a problem. So, I-20 - OK, F1 - NOT OK. This means you can continue studying but you can't leave the country while your AOS is pending.

In order to have a new I-20 issued, your school will need to see that you can afford to pay for the period for which they are extending your I-20. This can be either a scholarship, a loan, or your personal money. As long as the bill is paid and as long as extending the I-20 is necessary for your academic purposes, the school should extend your I-20.

Still, if you see a lawyer, ask! And please let me know what the lawyer tells you. Good luck! :-)

Edited February 16, 2014 by piper2013

[godisgreat23 4]

vawa111 it seems I did not pay enough attention in your question,I though you are just wondering about keep going to college but now i realized you are planning to renew your student visa. F-1 is supposed to be a non-immigrant visa that requires non-immigrant intent, but when you applied for I-485 you showed immigrant intent.If the alien visa was issued before filing I-485 then there is no conflict in keep studying when the I-485 is still pending, but renewing or changing status of a non immigrant visa after I-485 was filed yes there is a conflict between a non immigrant and a immigrant visa. AOS decision is discretionary, it means the adjudicator can decide the AOS case second his/her opinion and not just the Law. I can just tell you what the Law states, I can't advise you what to do in this case.

Discussions like this are confusing me now, I have a f-1 visa which is still valid for 6 more months but I am out of status(not going to school which makes me out of status) because I am not attending school since the time abused started in my marriage,I was abused physically( Assault reports from police of my injuries),mentally(psychologist evaluation) & financially(joint bank account funds spent by my spouse which included my school fees) so I am out of status.In a quarter before marriage I was getting good GPA but after marriage I was not able to go to school,appear for my exams making me a bad student for my visa category,then finally univ disenrolled me.But all this happened during the time of 360.So being out of status & failure to maintain f-1 status is not a bar to aos success,right? At least that's what I understood from Sandranj.Please shed some light Sandranj

What are/can be the possible reasons of denial of aos interview for vawa approved applicants? I answered all the IO questions in interview,I am clear in all the conditions they want,still very tensed why are they delaying giving me approval.Waiting each day is very painful & affecting my productivity at work,I am always lost in thoughts as this is my only hope to stay Alive & have a good life.

"Salutations to God who is beyond color & form,

Salutations to God who is beyond beginning & has no end.

Glory to the God"

[Thisislife 31]

Hi friends I am a little concerned. I am applying for my visa outside America based on approved VAWA. My case is currently at the NVC waiting for a case number which I hope should be next week. I am gathering documents for my IV packet. My question is

1) I left my divorce in between when I left America in March 13. As I was in the hospital for 15 days in January and for further medical treatment I flew out of the country. I assume my divorce must have gone thru in my absence. I was served with summons by my ex wife initiating divorce and that is all I have. Do you huts think that will be fine for me to send to National Visa Centre. Please share your thoughts and

2) what can I expect at my interview at the US embassy. I mean questions.

Thank you all

[foreverever 1]

Questions, need Expert's help!

1. I will need my previous neighbor write the witness of cohabiting and abuse affidavit, but my neighbor is neither a US citizen, nor a Permanent Resident. She is under asylum with a valid EAD(C8) card.

Will my witness's current status impact the validity of my affidavit?

2. My ex helped me get my EAD, then I found a job. Now she withdrew her petition, my EAD become invalid. While my I360, and new I485, I765 is pending, can I apply for TN visa to continue work for my current employer?

I am an Canadian Citizen. I know TN is a non-immigrant visa, but does it worth to try?

thanks in advance!!

[vawa111 2]

vawa111,

I am in a similar situation. I have a valid I-20 AND a pending I-485. The I-20 is expiring in May. If the I-485 does not get approved by May, my school will ask me to decide what I want to do. Do I have a green card or do they renew my I-20?

I am not going to be reapplying for another F1 visa. (A lawyer even told me that once I have applied for immigrant status, I probably will never be approved for another F1, because I have shown "immigrant intent." But we can stay in the country with a pending I-485.

At the same time, in order to continue studying without a green card (I-485 still being pending), the International Student Office will have to issue a new I-20. I think this should be OK - as long as you don't use this I-20 in order to apply for a new F1 visa. If you apply for an F1 visa, there will be a contradiction (immigrant intent v. non-immigrant visa), as Sandra says. But if you don't apply for a new F1 visa, I don't think that issuing a new I-20 is a problem (as it just continues your international student status - in which you currently are - while you are waiting for your AOS approval). The way I understand it, getting a new I-20 is not a problem while waiting for AOS. Getting a new non-immigrant visa, however, is a problem. So, I-20 - OK, F1 - NOT OK. This means you can continue studying but you can't leave the country while your AOS is pending.

In order to have a new I-20 issued, your school will need to see that you can afford to pay for the period for which they are extending your I-20. This can be either a scholarship, a loan, or your personal money. As long as the bill is paid and as long as extending the I-20 is necessary for your academic purposes, the school should extend your I-20.

Still, if you see a lawyer, ask! And please let me know what the lawyer tells you. Good luck! :-)

pieper2013,

Thank you very much for the detailed answer.

I have one misunderstanding now. I thought that I20 and F1 status is the same thing. And I thought that F1 status is ending together with the I20. So whenever you apply for I20 you are automaticaly applying for F1 as well.

So yours I20 is ending may and you are not going to apply for a new one, right?

I was hoping that I will get and interview date before I finish school, but it seems that that will not happen. So at the moment I think is best if we dont reaaply for I20 ( and F1 )

[Sandra G. 5,026]

godisgreat as I said you before not keeping your status won't change the outcome of your AOS decision.THe case we are discussing is completely different of your case.WE are debating about getting a non immigrant Visa when the alien has a immigrant petition pending.

[Sandra G. 5,026]

Forever the affidavit is valid. You are good.

[foreverever 1]

thanks a lot Sandranj.

[piper2013 4]

vawa111,

I, too, am hoping to pass the interview before the I-20 expires so I don't have to deal with these issues.

I am not sure if getting a new I-20 is equivalent to getting a new F1 visa. The I-20 is a document that your school gives you in order to apply for the F1 visa. But if you are in the US - and won't be leaving - you don't need the new visa. The F1 visa, like any visa, is just a document that allows you to enter the US. The I-20 is a document that allows you to stay here legally (but not to enter). For example, your F1 visa can expire (so you can't enter) but your I-20 can be still valid (so you can stay).

You are currently holding a valid I-20 while waiting for your AOS. If you get a new I-20 before the AOS, it will still be the same - you will be holding a valid I-20 while waiting for the AOS. You are not applying for a visa. You can use the I-20 in order to apply for an F1 visa, but you don't have to. It seems to me that as long as you have a valid I-20 you can stay but you can't enter the US. Your school will extent your I-20 if you can show them that your bills will be paid. Remember, you are not applying for a new I-20. You are just extending the current I-20. Your international student advisor can do this for you by updating your SEVIS record online. (SEVIS stands for Student and Exchange Visitor Information System.) This automatically puts you in good standing with the immigration authorities.

Normally, schools would grant a 1-year extension, but not more. To get the extension you need to show 2 things - that it is necessary to have an extension for academic reasons and that your bills will be covered.

Edited February 17, 2014 by piper2013

[islandinthesun1 1]

Is this still the VAWA forum?

[Sandra G. 5,026]

Islandthesun yes it's the vawa forum,but some members have different situations and because of that they are posting here their questions,but they are still vawa fillers.

[islandinthesun1 1]

Islandthesun yes it's the vawa forum,but some members have different situations and because of that they are posting here their questions,but they are still vawa fillers.

thank you. Just trying to ensure i am in the right place