VAWA, Part 11

[Angelica123 0]

Yes I mean if I only have to send the receipt of the new I-360 to USCIS and ask them not to deny the I-485 since you sent a new I-360.. ?

[shayona 83]

15 hours ago, Damara said:

Guys there is a lot of talk about EADs the last page or so and a lot of it seems to be getting mixed up. 

Here is some basic information- if you are still confused please post any questions and wait for sandra to clarify.

There are various ways to get an EAD when filing VAWA, each has its own code. The 2 most common codes are c31 and c09

 

C31 is for an EAD based on 360 approval. The EAD will be issued AFTER 360 approval. You can use form 765 to request EAD C31 or you can check the box on the 360 form that says check here if you want an EAD. (not exact wording on form). So you will file and need to wait until 360 approval to get your EAD which can take a very long time. The only good news is once the 360 is approved the EAD is mailed out right away. Many people on here have reported getting a notification that their EAD c31 was approved before getting the notification the 360 was approved due to the way the status updates work.

 

C09 is for an EAD based on a pending 485. When you file the 485 you are eligible for an EAD using 765 C09. They will process your 765 as soon as they get it, and currently its taking anywhere from 3-6 months to get the EAD c09. So if you file concurrently- 360,485,765,131- you will get your EAD c09 and can work while your 360 is being processed. Many concurrent filers are checking the box on the 360 asking for an EAD c31 in addition to submitting a 765 c09. This can end up with you getting 2 cards. One is based on the 765 eligibility and one on the 360 approval eligibility. If you do get 2 cards you can send the c31 back, sandra has posted about this- use the search.

 

If you get a c31 EAD based on stand alone 360 you do not need to file for a c09 card later on with your 485 - because you have a valid c31 card.  Being able to file under code c09 does not impact the validity of your c31 card or vice versa. 

 

Take care when renewing. Both c31 and c09 are eligible for the automatic extension. To get the extension you have to file on time and use the same category on the 765 when renewing. C09 does not pay for renewal and I believe c31 does. Make sure to choose the same category of the EAD you have when renewing or else it can be considered not a renewal but an actual new initial card under a different code,it can take longer to process or may even get denied for being submitted as a renewal instead of initial. It can also cause you to have a gap in employment authorization. 

 

I hope all of this makes sense. I have had a sinus infection for days now and my head is just cloudy. 

H @Damara

                                    Its really a great help and we deeply appreciate you. I still Have a question, My attorney has submitted I-360, I-765 and I-485 concurrently but selected C-31 on I-765 because I don't have I-485 in pending as my husband never filed greencard papers for me.  Last week,  USCIS has rejected fee waiver request and returned I-765 and I-485 to me and we are planning to resubmit it. So In a scenario of not having I-485  in pending from my abuser USC husband,  can we still select C-09 category on I-765 while resubmitting I-485 as I have previously filed all these forms concurrently while applying for VAWA last month? Again I am deeply appreciating you and Sandra for constant  great help to we all VAWA filers. Thanks. 

 

 

 

 

 

[Hanna Bui 32]

On 11/17/2018 at 1:14 PM, Jan88 said:

HI Sandranj

But i did not have every proof. I only have my baby's birth certificate,it has his name on it ..pls help..thank you!

Pls write what was happening between you and your abuser to have a baby. It's your common living. I and my ex-husband was living only 20 days, no having baby and all the bills and bank account, insurance... But i write all the issue why and USCIS have approved. Try all your best and you will get the good ending.

Best of lucks.

[iwillsurvive 254]

24 minutes ago, Hanna Bui said:

Pls write what was happening between you and your abuser to have a baby. It's your common living. I and my ex-husband was living only 20 days, no having baby and all the bills and bank account, insurance... But i write all the issue why and USCIS have approved. Try all your best and you will get the good ending.

Best of lucks.

USCIS does not view having a child together as proof of anything. To them, having a child together only means that two people had sex. Nothing more. It cannot be used as proof of living together or good faith marriage. 

[Sandra G. 5,016]

1 hour ago, shayona said:

H @Damara

                                    Its really a great help and we deeply appreciate you. I still Have a question, My attorney has submitted I-360, I-765 and I-485 concurrently but selected C-31 on I-765 because I don't have I-485 in pending as my husband never filed greencard papers for me.  Last week,  USCIS has rejected fee waiver request and returned I-765 and I-485 to me and we are planning to resubmit it. So In a scenario of not having I-485  in pending from my abuser USC husband,  can we still select C-09 category on I-765 while resubmitting I-485 as I have previously filed all these forms concurrently while applying for VAWA last month? Again I am deeply appreciating you and Sandra for constant  great help to we all VAWA filers. Thanks. 

 

 

 

 

 

You can susbmit I-765 category  C9 just if you submited or if you will submit form I-485.If you cannot pay USCIS fees then you need to submit form I-912.

[Sandra G. 5,016]

28 minutes ago, Hanna Bui said:

Pls write what was happening between you and your abuser to have a baby. It's your common living. I and my ex-husband was living only 20 days, no having baby and all the bills and bank account, insurance... But i write all the issue why and USCIS have approved. Try all your best and you will get the good ending.

Best of lucks.

Hanna  just who lived or live with the spouse qualifies to file VAWA, and second her she never lived  with him.You lived 20 days with your spouse then  you qualified to file VAWA.

[Blunt 167]

12 minutes ago, sandranj said:

Hanna  just who lived or live with the spouse qualifies to file VAWA, and second her she never lived  with him.You lived 20 days with your spouse then  you qualified to file VAWA.

Can we still file vawa after December 7th cause we been hearing it’s ending that they have to reauthorize vawa ...so what’s happening about that ...are we still eligible to file for vawa after December 7 cause we Dnt know when they wanna reauthorize it 

[shayona 83]

1 hour ago, sandranj said:

You can susbmit I-765 category  C9 just if you submited or if you will submit form I-485.If you cannot pay USCIS fees then you need to submit form I-912.

Thank you so much Sandra 

[Claudia16049 44]

😌

I have 2 question :

1; My attorney is very not professional, so I was fire him on today by email . Who can be let me know what’s form I need to submit to Uscis ? Is it G-28 form ? I didn’t see any word in this form said “terminate attorney”, so I am very confused.

 

2:my attorney submit I-360  “12.I am currently residing in the United States and I request an employment authorization document.” He was choose “No”, oh my god . That moment I not yet submit I-485,  he didn’t know how to apply vawa .make many mistakes 

 

So even I-360 will be approve,  USCIS will be not send C-31 EAD To me ,right ? 

If I want C-31 EAD card I need file I-765 form ,right ?

 

Thank you so much

[Jhn 14]

4 hours ago, shayona said:

H @Damara

                                    Its really a great help and we deeply appreciate you. I still Have a question, My attorney has submitted I-360, I-765 and I-485 concurrently but selected C-31 on I-765 because I don't have I-485 in pending as my husband never filed greencard papers for me.  Last week,  USCIS has rejected fee waiver request and returned I-765 and I-485 to me and we are planning to resubmit it. So In a scenario of not having I-485  in pending from my abuser USC husband,  can we still select C-09 category on I-765 while resubmitting I-485 as I have previously filed all these forms concurrently while applying for VAWA last month? Again I am deeply appreciating you and Sandra for constant  great help to we all VAWA filers. Thanks. 

 

 

 

 

 

The I-485 you are filling now is what we call pending I-485, not the one your  spouse filled for you. We that our I-485 was denied due to spouse not showing up and you that never fill before are thesame. And Yes,  use C09 on this I-485 if you want ead within 3-5 from now. 

[Ilo 105]

1 hour ago, Claudia16049 said:

😌

I have 2 question :

1; My attorney is very not professional, so I was fire him on today by email . Who can be let me know what’s form I need to submit to Uscis ? Is it G-28 form ? I didn’t see any word in this form said “terminate attorney”, so I am very confused.

 

2:my attorney submit I-360  “12.I am currently residing in the United States and I request an employment authorization document.” He was choose “No”, oh my god . That moment I not yet submit I-485,  he didn’t know how to apply vawa .make many mistakes 

 

So even I-360 will be approve,  USCIS will be not send C-31 EAD To me ,right ? 

If I want C-31 EAD card I need file I-765 form ,right ?

 

Thank you so much

Is your spouse is US citizen? If yes, then you can submit I-485 and i-765 (c09) if you want work immediately.

[Claudia16049 44]

19 minutes ago, Ilo said:

Is your spouse is US citizen? If yes, then you can submit I-485 and i-765 (c09) if you want work immediately.

I already have C09 EAD card .

but many people when vawa I-360 approve Uscis will be submit C31 EAD CARD 

[Ilo 105]

1 hour ago, Claudia16049 said:

I already have C09 EAD card .

but many people when vawa I-360 approve Uscis will be submit C31 EAD CARD 

Then you don't have to disturb yourself about c31, just renew your EAD (C09) before it expires, what matters is that you have a valid EAD😊

Edited November 20, 2018 by Ilo

[kmogens 1]

USCIS sent my EAD in December 2017 to my lawyer, but he didn't get it. I requested they resend it in Jan, Feb, Mar, Apr, May 2018 (I have the Service Request print-outs) and each time, USCIS said they had sent it but my lawyer said he never got it (I paid my lawyer in full by 12/31/2017). 

 

I believe my lawyer that he never received my paperwork, so is USCIS lying? This is very concerning.

 

In May 2018, USCIS said they would return my card to their offices since it was undeliverable. I called, I really struggled to get it, throughout the summer, but they never sent it. It's November now and I still don't have my EAD card and my lawyer says he cannot call because he does not represent me any more. I changed the mailing address with USCIS in June from the lawyer to myself, so everything should now come to me.

 

My driver's license is coming up for expiry in December.

 

My question is, is VAWA EAD valid for 2 years? Or for how long? 

 

If the answer is yes, then if I had the EAD card with me, I could go into the DMV and renew the driving license. Does anyone know how long VAWA EAD lasts?

 

I sent another service request to USCIS to see if they can resend the EAD. 

 

How can I find out what happened to my EAD? Did USCIS screw up? I have called and called, but it's a VAWA case, they will not talk to me. My lawyer's address has never changed and he got all his other mail, just mine was never received.

[Claudia16049 44]

@sandranj

 

I was fire my attorney today , can you let me know what’s form I need to submit to Uscis ? Is it G-28 form ? I didn’t see any word in this form said “terminate attorney”, so I am very confused.

 

Just now I was online talking about to USCIS EMMA ,she just let me write mail to  VSC fire lawyer ,if there is a form that needs to be filed they will be provide you with more instructions.