VAWA, Part 20

[西苑二楼 125]

4 hours ago, Demise said:

I feel like I'm the last person from Aug 2018 still waiting, lol.

Maybe have your attorney check with USCIS? Your case is behind the processing time frame they post on their website. 

[Demise 1,094]

15 minutes ago, 西苑二楼 said:

Maybe have your attorney check with USCIS? Your case is behind the processing time frame they post on their website. 

I self-filed. I did hit up my congressman and I'm waiting to see what he hears from USCIS.

[Kiesel 19]

Hi Friends, 

I'm sorry to take some of your time. This is the most supportive place I've seen, and I can't be thankful enough for the everyone's positiveness. 

 

I have a couple of questions and I'm hoping you can share your thoughts/experiences with me. I spoke to a nice honest lawyer today, and she told me the following:

1. I-485 can be linked to VAWA even before attending the interview and before asking the IO to hold it in abeyance. Is this true that simply filing for VAWA and writing a letter to USCIS can link I-485 to I-360?
2. How strong can my case be, if I do not have police reports, medical reports, and affidavits?
   • I've been totally isolated from my family, friends, and my network, never called the police, and I'm being monitored all the time, so going to the hospital is not something easy I can do now. 
   • My abusive spouse is very well educated, and she has an ability to manipulate situations to shift blame and responsibility from her to me.
   • In addition to the statement I've been working on, I'm seeing a counselor, the lawyer I spoke to today will refer me to a psychologist for an evaluation, I have chats saved up with thehotline.org.
3. Any guidance you can share on protection orders? It seems like it'll cause me more trouble, and I don't want to be going back and forth in courts. 

Thank you. 

[Demise 1,094]

36 minutes ago, Kiesel said:

Hi Friends, 

I'm sorry to take some of your time. This is the most supportive place I've seen, and I can't be thankful enough for the everyone's positiveness. 

 

I have a couple of questions and I'm hoping you can share your thoughts/experiences with me. I spoke to a nice honest lawyer today, and she told me the following:

1. I-485 can be linked to VAWA even before attending the interview and before asking the IO to hold it in abeyance. Is this true that simply filing for VAWA and writing a letter to USCIS can link I-485 to I-360?
2. How strong can my case be, if I do not have police reports, medical reports, and affidavits?
   • I've been totally isolated from my family, friends, and my network, never called the police, and I'm being monitored all the time, so going to the hospital is not something easy I can do now. 
   • My abusive spouse is very well educated, and she has an ability to manipulate situations to shift blame and responsibility from her to me.
   • In addition to the statement I've been working on, I'm seeing a counselor, the lawyer I spoke to today will refer me to a psychologist for an evaluation, I have chats saved up with thehotline.org.
3. Any guidance you can share on protection orders? It seems like it'll cause me more trouble, and I don't want to be going back and forth in courts. 

Thank you. 

1. Yes pretty much, you write a letter to the service center or field office that currently has your I-485 asking to link the case to your VAWA I-360 instead, attach copy of the I-360 receipt notice. You can also request them to hold it up to 30 days before you file the I-360 which is handy if you think that a denial due to an upcoming interview or I-130 being pulled is imminent, then you submit the aforementioned letter asking them to link the I-485 to I-360.

2. If you don't have those then do get a psychological evaluation done. Affidavits generally aren't worth much unless the person writing it witnessed the abuse either first hand (actually saw or heard it happen) or second hand (witnessed the immediate aftermath). That being said, you CAN do it without one but it's not recommended. I personally submitted only a very grisly self-affidavit and while I did get RFE'd they only asked for proof of cohabitation and bona fides of the marriage, meaning that they basically took my self-affidavit as enough evidence.

3. That's really civil (family) law more than anything else and I really don't know that much about those. If you believe that the spouse will come after you, you can always ask the local family court for one and toss it onto the evidence pile.

Edited September 9, 2020 by Demise

[Stillwinning!!!😊 4,549]

8 hours ago, Kiesel said:

Hi Friends, 

I'm sorry to take some of your time. This is the most supportive place I've seen, and I can't be thankful enough for the everyone's positiveness. 

 

I have a couple of questions and I'm hoping you can share your thoughts/experiences with me. I spoke to a nice honest lawyer today, and she told me the following:

1. I-485 can be linked to VAWA even before attending the interview and before asking the IO to hold it in abeyance. Is this true that simply filing for VAWA and writing a letter to USCIS can link I-485 to I-360?
2. How strong can my case be, if I do not have police reports, medical reports, and affidavits?
   • I've been totally isolated from my family, friends, and my network, never called the police, and I'm being monitored all the time, so going to the hospital is not something easy I can do now. 
   • My abusive spouse is very well educated, and she has an ability to manipulate situations to shift blame and responsibility from her to me.
   • In addition to the statement I've been working on, I'm seeing a counselor, the lawyer I spoke to today will refer me to a psychologist for an evaluation, I have chats saved up with thehotline.org.
3. Any guidance you can share on protection orders? It seems like it'll cause me more trouble, and I don't want to be going back and forth in courts. 

Thank you. 

Well by the grace of God I have my Greencard now and will be advising from experience along side general knowledge. Let's get to it....

 

1)Yes it can be linked if you advice USCIS in writing..but personally because of how messy those officials can get, I prefer to go in person. That said, a lot of people have successfully linked the i485 petition to thr i360 just by written instruction/appeal.

 

2) It's great to have police, medical, affidavits etc to boost evidence but you may still be considered if you do not have those due to your peculiar situation which you should explain in your self affidavit to USCIS why you do not have them..it helps gives them closure as they are aware each case is different and are familiar with the dynamics of the petition. For my case..I didn't have police report or medical report I just had my psychological evaluation alongside affidavits(mine and friends, family, neighbors, etc) which apparently sufficed!:) Now where affidavits are used for evidence, be sure to make certain it is very detailed..that is your chance to prove yourself. The evaluation should be detailed as well!

 

3) I never had to go through all of that as I went AWOL and MIA on him. Still doesn't know where I stay:) and it will continue to be that way. Had a terrible dream two nights ago that he came hunting me😈🔫..really scary..I couldn't go back to sleep! Stay away from her! Block her out!😊👍

[Vawa&U 70]

22 hours ago, Demise said:

I feel like I'm the last person from Aug 2018 still waiting, lol.

You’re not the only one , and it’s coming;)

[Vawa&U 70]

Just now, Vawa&U said:

You’re not the only one , and it’s coming;)

When’s your prima facie ends?

[Formykid 77]

12 hours ago, Kiesel said:

Hi Friends, 

I'm sorry to take some of your time. This is the most supportive place I've seen, and I can't be thankful enough for the everyone's positiveness. 

 

I have a couple of questions and I'm hoping you can share your thoughts/experiences with me. I spoke to a nice honest lawyer today, and she told me the following:

1. I-485 can be linked to VAWA even before attending the interview and before asking the IO to hold it in abeyance. Is this true that simply filing for VAWA and writing a letter to USCIS can link I-485 to I-360?
2. How strong can my case be, if I do not have police reports, medical reports, and affidavits?
   • I've been totally isolated from my family, friends, and my network, never called the police, and I'm being monitored all the time, so going to the hospital is not something easy I can do now. 
   • My abusive spouse is very well educated, and she has an ability to manipulate situations to shift blame and responsibility from her to me.
   • In addition to the statement I've been working on, I'm seeing a counselor, the lawyer I spoke to today will refer me to a psychologist for an evaluation, I have chats saved up with thehotline.org.
3. Any guidance you can share on protection orders? It seems like it'll cause me more trouble, and I don't want to be going back and forth in courts. 

Thank you. 

Do you have text messages? 

[Stillwinning!!!😊 4,549]

24 minutes ago, Formykid said:

Do you have text messages? 

Text messages definitely helps but a detailed psychological evaluation is priceless in proving emotional/psychological abuse. It's a professional opinion based on the victim's statements and the observation of the therapist! USCIS values that a lot. In the area of proving abuse for my case, that was the singular document..alongside other affidavits from neighbors, friends and family that came through for me.😊👍

Edited September 9, 2020 by Stillwinning!!!😊

[DmytriiD 186]

any recent April 2019 or post that approvals, folks ?

[西苑二楼 125]

1 hour ago, DmytriiD said:

any recent April 2019 or post that approvals, folks ?

Yep. One got approved at the end of August. 

[Happy1982 124]

Hi all,

 

I hope you are well these days during the pandemic. It's been almost 10 months since I sent my vawa application to vermont and I haven´t received a prima facie. Even I'm not planning to request any benefit I think is rare.

 

Has anyone had the same issue?.

 

Regards,

[Acoxy 38]

Hi All,

 

I just came across this forum. How i wish i knew about this forum when i filed my application for VAWA.

 

I applied and filed my case to Vermont this year 2020, 

 

10th of February, 2020 - Receipt notification received

 

6th March 2020, - ASC Appointment notice received - could not attend due to Covid

 

26th March, 2020 - Prima Facie determination approval letter - 26th March 2020 - 26th March, 2021.

 

while i know that it takes between 16 months - 24 months to process VAWA application, i have not heard anything regarding the EAD application that was submitted with the I-360, I-485 forms. 

 

on checking the category- filled on the I-765 by my lawyer, i saw C-31. i want to ask is that the correct category to fill for me. I read through the forum and i saw people suggesting that it should have been C-09. It is really frustrating that VAWA takes a long time but not be able to work is killing. 

 

kindly help me out if there is a way i can get the EAD on time. it is exactly 7 months today.

 

many thanks  

 

 

 

[FeDaniela 673]

1 hour ago, Acoxy said:

Hi All,

 

I just came across this forum. How i wish i knew about this forum when i filed my application for VAWA.

 

I applied and filed my case to Vermont this year 2020, 

 

10th of February, 2020 - Receipt notification received

 

6th March 2020, - ASC Appointment notice received - could not attend due to Covid

 

26th March, 2020 - Prima Facie determination approval letter - 26th March 2020 - 26th March, 2021.

 

while i know that it takes between 16 months - 24 months to process VAWA application, i have not heard anything regarding the EAD application that was submitted with the I-360, I-485 forms. 

 

on checking the category- filled on the I-765 by my lawyer, i saw C-31. i want to ask is that the correct category to fill for me. I read through the forum and i saw people suggesting that it should have been C-09. It is really frustrating that VAWA takes a long time but not be able to work is killing. 

 

kindly help me out if there is a way i can get the EAD on time. it is exactly 7 months today.

 

many thanks  

 

 

 

I-765 form with C31 category will be received when your Vawa is approve which is a longer time to wait, I suggest  You to sent a new I-765 Category C09 with a copy of this I-485, you can request a fee waiver as well for this form if you did not paid for I-485 fee initially.  

[Demise 1,094]

6 hours ago, Vawa&U said:

When’s your prima facie ends?

Never got one. I received a letter that I didn't meet the qualifications to establish PFD, it didn't have a due date so I just waited for an RFE which I got on 02/27/2020 and which I responded to on 5/21/2020.

 

1 hour ago, Acoxy said:

Hi All,

 

I just came across this forum. How i wish i knew about this forum when i filed my application for VAWA.

 

I applied and filed my case to Vermont this year 2020, 

 

10th of February, 2020 - Receipt notification received

 

6th March 2020, - ASC Appointment notice received - could not attend due to Covid

 

26th March, 2020 - Prima Facie determination approval letter - 26th March 2020 - 26th March, 2021.

 

while i know that it takes between 16 months - 24 months to process VAWA application, i have not heard anything regarding the EAD application that was submitted with the I-360, I-485 forms. 

 

on checking the category- filled on the I-765 by my lawyer, i saw C-31. i want to ask is that the correct category to fill for me. I read through the forum and i saw people suggesting that it should have been C-09. It is really frustrating that VAWA takes a long time but not be able to work is killing. 

 

kindly help me out if there is a way i can get the EAD on time. it is exactly 7 months today.

 

many thanks  

 

 

 

Yeah, the I-765 filed with I-485 should be category code (c)(9)( ), C31 can only be issued after I-360 is approved. Take the receipt notice for I-485, make a copy, fill out another I-765 under (c)(9)( ) and send it to the VSC VAWA unit.

 

The C9 I-765 is free if you paid the fee for I-485, if you got the fee waived for I-485 you have two options, you can either pay the $410 fee, or attach another I-912 asking for a fee waiver and attach the same evidence you did to get the fee waiver the first time around. 

 

Note that you pretty much can't get an approval on I-765 without attending biometrics (or USCIS recapturing prior biometrics). ASCs are mostly open these days, so COVID or no COVID once you get the biometrics notice for this I-765, mask up, grab a pen, take this and prior biometrics notices and go do them.