Jump to content

I 485 VAWA Question

4 posts in this topic

Recommended Posts

- I'm Male


- Mexican Born Citizen


- Came to the U. S. Legally through a T. N. Visa


- Never crossed illegally


- Overstayed T. N. Visa


- Clear Criminal Record


- Married to U.S. Born Citizen (Female)


- Victim of abuse (wife arrested at local Walmart for domestic violence, received an order of protection for a year)


- Lawyer filed I - 360 and I - 765 only, lawyer didn't file I - 485


- Form I 765 currently on category C31


- Lawyer warned me that if I file I - 485 so I can file I - 765 on category c9 it would be dangerous because I - 485 interview would happen first before I - 360 gets approved, that official for the AOS interview would be harsher since I would have to prove the abuse, legitimacy of the marriage, etc all in one go, that getting I - 360 approved first is safer.


Some people told me on facebook that the I - 485 would not move at all until I get a decision for the I - 360, is it true? Because if that's the case the scenario described by my attorney is not true at all.

Share this post

Link to post
Share on other sites
Posted (edited)

In principle I would usually trust professional legal advice over what you heard from "some people on facebook". 

Edited by Mr. Data

Country: China

Visa: CR1 (DCF)


2015-06-30  Started dating

2018-02-27  Married

2018-06-08  I-130 filed via DCF

2018-06-12  I-130 Notice of Approval

2018-10-05  Submitted DS-260 online and supplemental documents via CITIC Bank

2018-10-10  DS-260 approved

2018-11-27  Medical exam

2018-12-03  Interview Passed

2018-12-04  Visa issued

2018-12-07  Visa packet and passport picked up from CITIC Bank


Next step:


2019 Spring  Move to U.S.



Share this post

Link to post
Share on other sites

I'll just rephrase the question like this


If I - 360 and I - 485 get filed concurrently, would the I - 485 be on hold until the I - 360 is approved or are they processed in parallel? Best regards

Share this post

Link to post
Share on other sites

Yes, it will. Unfortunately, your lawyer doesn’t understand much about Vawa. Please read the Vawa threads and you will get lots of valid info. 

I have an approved Vawa, filed 485 concurrently, always had work permit. The thread is amazing. Please join. 

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.