VAWA, Part 20

[Bessly 28]

27 minutes ago, Demise said:

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.

 

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.

@Demise, what was your RFE about? 

[Demise 1,096]

8 minutes ago, Bessly said:

@Demise, what was your RFE about? 

Bona fides and cohabitation. I was in removal proceedings previously so they upped the standard of evidence for me from "preponderance of evidence" (51%) to "clear and convincing evidence" (75%). What's annoying is that I had an approved I-130 previously, one that my ex and I were interviewed about, RFE'd, and finally approved.

 

In my RFE response I basically gave them everything extra I could. Couldn't get my tax transcripts from the IRS because of COVID so I submitted secondary evidence like a print out from turbotax that the returns were filed via them matching the numbers on the previously submitted tax return and a cover page from a NY tax return check (which should prove that we at very least filed our state taxes jointly), various gift receipts (covering a few years before and after we tied the knot), ring receipts, bank statements with a lot of items distinguished, I-130 RFE showing that USCIS already demanded more, got it, and thought the marriage was legitimate enough previously, our college transcripts showing classes we took together (we met at college and both majored in Computer Science). I also pointed them to the previously filed I-130 and associated documents which contained among other things a letter from our landlord that we're renting that place together. In the cover letter I made a legal argument based around 8 CRF 245.1 (c)(8)(v) that the I-360 should be exempt from the heightened evidence standard since an application based upon the same marriage was already approved previously, but I still nonetheless explicitly requested an exemption under INA 245(e)(3) just in case. I honestly wouldn't be surprised if I caused the VSC to get an advisory opinion from the AAO by doing that or have them fetch the I-130 and related things from the NVC which is why this is taking so long.

[Kiesel 19]

19 hours ago, Demise said:

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.

Thank you so much, Demise! Really appreciate your help. 

[Kiesel 19]

10 hours ago, Stillwinning!!!😊 said:

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!😊👍

Thanks a lot Stillwinning!!! Indeed, USCIS can get messy. the lawyer did tell me to speak to my doctor and ask for help, and do an evaluation as well. I've been gathering my information and writing up my affidavit. I'll file once I have everything ready. 

[Kiesel 19]

7 hours ago, Formykid said:

Do you have text messages? 

I dot have all our text messages, but we've been living together for over two years and I don't think we ever fight over text messages. We did fight on facebook messenger, but they are old messages. Not sure if they can add much, but I'll still look at them. One thing for sure, she has been calling names and I have them over text. 

[Kiesel 19]

54 minutes ago, Demise said:

Bona fides and cohabitation. I was in removal proceedings previously so they upped the standard of evidence for me from "preponderance of evidence" (51%) to "clear and convincing evidence" (75%). What's annoying is that I had an approved I-130 previously, one that my ex and I were interviewed about, RFE'd, and finally approved.

 

In my RFE response I basically gave them everything extra I could. Couldn't get my tax transcripts from the IRS because of COVID so I submitted secondary evidence like a print out from turbotax that the returns were filed via them matching the numbers on the previously submitted tax return and a cover page from a NY tax return check (which should prove that we at very least filed our state taxes jointly), various gift receipts (covering a few years before and after we tied the knot), ring receipts, bank statements with a lot of items distinguished, I-130 RFE showing that USCIS already demanded more, got it, and thought the marriage was legitimate enough previously, our college transcripts showing classes we took together (we met at college and both majored in Computer Science). I also pointed them to the previously filed I-130 and associated documents which contained among other things a letter from our landlord that we're renting that place together. In the cover letter I made a legal argument based around 8 CRF 245.1 (c)(8)(v) that the I-360 should be exempt from the heightened evidence standard since an application based upon the same marriage was already approved previously, but I still nonetheless explicitly requested an exemption under INA 245(e)(3) just in case. I honestly wouldn't be surprised if I caused the VSC to get an advisory opinion from the AAO by doing that or have them fetch the I-130 and related things from the NVC which is why this is taking so long.

Demise, are you a lawyer? Quoting all these rules and laws from CRF and INA is beyond, at least my ability, to prepare a case. How'd get all that information and how long did it take you?

[Demise 1,096]

22 minutes ago, Kiesel said:

Demise, are you a lawyer? Quoting all these rules and laws from CRF and INA is beyond, at least my ability, to prepare a case. How'd get all that information and how long did it take you?

No, I'm not a lawyer. I used to work as a paralegal at an immigration law office, however most of what I know came from my own legal research. Basically at age 16 (11 years ago) I started digging into the law in hopes of finding a way to fix my own legal mess (got brought over the border when I was 11), in my digging I'd find other people who needed help and I'd dig for them. These days I know basically everything (that's not an overstatement, you can quiz me in PMs if you want) and what I don't know I can most likely find. I used to be active on Yahoo answers (was a top contributor in the Immigration section for a few years) and on DreamAct.Info (place is kinda dead these days). I migrated here because I was doing some additional readings on VAWA, saw the megathreads here and thought "yeah, I could be useful here".

 

In regards to 8 CFR 245.1(c)(8)(v), I already knew about bona fide exemption under INA 245(e)(3) however that section of law is pretty damn vague. So I looked at the associated entries in the federal register, read through it, saw that one, and thought "Yeah, I can definitely try and twist this into something that'd work for me"

 

Edited September 10, 2020 by Demise

[GreenB 111]

Hey guys, 

 

I just sent a request of status update on my pending I-485 to my representative. 
 

I was planning to send another request to a senator too but they are asking if I sent a request to another congressional office (in the information release form).  I’m wondering if they will ignore my request if I state that I‘ve just contacted my representative too. 
 

Should I wait and see if my representative reacts to my request or is it ok to send the same request to both representative and senator at the same time?

 

I-485 filed together with I-360 in July 2018

I-360 approved January 2020

RFE received for I-485 in June 2020 and sent response  same month (NBC)

and since then silence Other than the website saying they received my response for RFE.

 

Edited September 10, 2020 by GreenB

[Stillwinning!!!😊 4,549]

1 hour ago, GreenB said:

Hey guys, 

 

I just sent a request of status update on my pending I-485 to my representative. 
 

I was planning to send another request to a senator too but they are asking if I sent a request to another congressional office (in the information release form).  I’m wondering if they will ignore my request if I state that I‘ve just contacted my representative too. 
 

Should I wait and see if my representative reacts to my request or is it ok to send the same request to both representative and senator at the same time?

 

I-485 filed together with I-360 in July 2018

I-360 approved January 2020

RFE received for I-485 in June 2020 and sent response  same month (NBC)

and since then silence Other than the website saying they received my response for RFE.

 

So far I see you're on course..you can aak for help from both..I did same too just to spread my options and see who gives me feedback first. Your I360 was only approved this January..RFE for i485 in June...it's good so far..there's absolutely no cause for alarm! You should be in line for an interview.😊👍

[Stillwinning!!!😊 4,549]

2 hours ago, Kiesel said:

I dot have all our text messages, but we've been living together for over two years and I don't think we ever fight over text messages. We did fight on facebook messenger, but they are old messages. Not sure if they can add much, but I'll still look at them. One thing for sure, she has been calling names and I have them over text. 

It don't matter if it's old or new..it will help show the history and how things deteriorated..take all you can...it will help!😊👍

[Stillwinning!!!😊 4,549]

2 hours ago, Kiesel said:

Thanks a lot Stillwinning!!! Indeed, USCIS can get messy. the lawyer did tell me to speak to my doctor and ask for help, and do an evaluation as well. I've been gathering my information and writing up my affidavit. I'll file once I have everything ready. 

That's ok..been on a long flight from N.Y. to L.A. Phew!!! So freaking tired. I'm sure by now you got all the answers you wanted!👍😊

[LongFlight 2]

Hello everyone, first of all I am happy to be with all of you. I recently discover this website and loved it. I have been reading everyone's post for a few weeks. I want to ask a question and also share my time line. I have applied for both I485 and I 360 april 2019 and my I360 page updated to card being produced as I understand, it means they approved my I360(I am hoping I am correct) today I got another update that they send my card to my adress. So what should I expect next and how long I will wait for interview approximately. I am New York filler. Also what could be the reason for them to fail in the interview. I haven't seen anybody failed at the interview but I am still worried. Thanks in advance 

[Stillwinning!!!😊 4,549]

9 minutes ago, LongFlight said:

Hello everyone, first of all I am happy to be with all of you. I recently discover this website and loved it. I have been reading everyone's post for a few weeks. I want to ask a question and also share my time line. I have applied for both I485 and I 360 april 2019 and my I360 page updated to card being produced as I understand, it means they approved my I360(I am hoping I am correct) today I got another update that they send my card to my adress. So what should I expect next and how long I will wait for interview approximately. I am New York filler. Also what could be the reason for them to fail in the interview. I haven't seen anybody failed at the interview but I am still worried. Thanks in advance 

Yes and congrats your i360 is approved! You will get the C31 EAD as you know. Next is that your I485 will be transferred to your field office in N.Y. i'm from N.Y. anyway..and you should know by now that the wait time is crazy. Hoping it will be different for you. Pretty much easy with the I485 once your i360 has been approved. Admissibility issues are the only deterrent..you're not a criminal so do not worry about that..that said it's beneficial to go prepared..be confident..they shouldn't..but can ask anything. Your body language and choice of words will help put the officer on same page as you. My experience was pretty awesome at federal plaza..was in and out with my approval. I hope you have a great experience as well.😊👍

[Demise 1,096]

Just now, LongFlight said:

Hello everyone, first of all I am happy to be with all of you. I recently discover this website and loved it. I have been reading everyone's post for a few weeks. I want to ask a question and also share my time line. I have applied for both I485 and I 360 april 2019 and my I360 page updated to card being produced as I understand, it means they approved my I360(I am hoping I am correct) today I got another update that they send my card to my adress. So what should I expect next and how long I will wait for interview approximately. I am New York filler. Also what could be the reason for them to fail in the interview. I haven't seen anybody failed at the interview but I am still worried. Thanks in advance 

Next step will be the I-485 being forwarded to your field office. Then it will take a few months for them to give you an appointment date and interview you. The interview will mostly just relate to whether you're admissible or not, they are not supposed to question your I-360, at most should only be asked if you affirm everything you said thus far.

[Sandra G. 5,016]

On 9/7/2020 at 3:26 AM, fromthewater said:

Greetings!

 

Does anyone have the experience of being approved for abuse waiver without an interview?

Does abuse waiver have a higher chance of being requested for an interview?

 

I am asking because I originally submitted with only Divorce waiver, and I got an RFE. I talked to immigration professionals, and I have been advised to add in abuse waiver - because they believe I am qualified for that, and that I should write a personal statement.

I don’t have police report or restraining order, so I don’t feel strongly about a abuse waiver.

 

Now, I am debating if adding in abuse waiver is necessary. It seems like I could be approved with divorce waiver after responding to the RFE.

So - 

Does abuse waiver EVER get approved WITHOUT an interview?

Does abuse waiver have more chances/ more cases of being interviewed?

 

What would you do if it was you?

 

Much appreciated!

To qualify for a waiver you need to have a green card, I assume you have one.I had several  I-751 waiver petition approved without interview.To prove abuse you need to attend therapy and have a diagnose of depression and/or PTSD, just choosing the option waiver will not help you at all.If you suffered extreme cruelty then you might qualify for waiver, but you need to prove the abuse tho.