VAWA, Part 21

[sam012019 14]

7 minutes ago, HopeHope__ said:

I have questioned my attorney regarding residence concerns because I read a few USCIS administrative decisions quoting 101(a) (33) and got really scared. My distance is even longer than yours ( NJ - FL). My attorney thinks I have submitted more than enough documentation and because Vawa requires you to live with the person for only one day she thinks I will be ok. In my case I’m 100% financially dependent on him and he pays the rent and all the bills. I have submitted bills under his name, several pictures of us at home, delivery papers of new furniture bought by him and sent to our home in FL, his 2 FL cars. I also submitted an Affidavit from the clinic in FL that I used to go every weekend with him when I was pregnant. Even though I have this evidences  I’m super worried and before they issued RFE I will try to get letter from friends and neighbors. I know a person that had this situation and got RFE but she was approved in the end. I feel your struggle and I hope everything goes well for you! 

 

thank you so much for sharing your story and also valuable info "one day". this boosted my confidence, I ve been really mood off/upset seeing their RFE. They claim that we never lived  together, although we lived together. I will submit more affidavits from friends and others.

[Engineering-rocks 212]

49 minutes ago, justmarriedusciti said:

Hi all, 

I will be proceeding with concurrent filing of I-360 and I-485 (and I-765). My lawyer has said that my case is strong as both proof of a bona fide marriage and proof of physical abuse are strong. 

What my lawyer isn't able to tell me is how much time it would take to get an EAD and AP if I apply under category c(9). I already have a job that I started working for after getting my Marriage based AOS. Since that filing will no longer be valid after we file VAWA concurrently, I am concerned that I might get a gap in work. 

I don't think I can work using my current EAD once I file I-360 and I-485 VAWA. My wife and I are also in the process to get a divorce, but it would be 6 months or so before that is finalized.    

You do not need to file a new I485, only I360 and I765 for C09 category. Divorce timeline doesn't have an impact here. I'd say for initial C09 VAWA EAD it takes 2-6 months as far as I remember people reporting here.

[justmarriedusciti 7]

21 minutes ago, Engineering-rocks said:

You do not need to file a new I485, only I360 and I765 for C09 category. Divorce timeline doesn't have an impact here. I'd say for initial C09 VAWA EAD it takes 2-6 months as far as I remember people reporting here.

That's great if I don't need to file I485 again. However, my ongoing marriage based I-485 (AoS from H1B) application hasn't been approved yet as interview didn't take place. Would my current EAD be null and void once my VAWA I-765 application is accepted? I can't afford a break in my career. The H1B that I was on before AoS has also expired. 

 

[Engineering-rocks 212]

8 minutes ago, justmarriedusciti said:

That's great if I don't need to file I485 again. However, my ongoing marriage based I-485 (AoS from H1B) application hasn't been approved yet as interview didn't take place. Would my current EAD be null and void once my VAWA I-765 application is accepted? I can't afford a break in my career. The H1B that I was on before AoS has also expired. 

 

I believe it would still be valid and you can just renew it 6 months before it expires since it's under the same C09 category. As long as I485 is active (pending, waiting on interview) you're eligible for an EAD. But that's my guess only, maybe someone else would have a more competent answer. 

[sheima 483]

1 hour ago, justmarriedusciti said:

Hi all, 

 

I will be proceeding with concurrent filing of I-360 and I-485 (and I-765). My lawyer has said that my case is strong as both proof of a bona fide marriage and proof of physical abuse are strong. 

What my lawyer isn't able to tell me is how much time it would take to get an EAD and AP if I apply under category c(9). I already have a job that I started working for after getting my Marriage based AOS. Since that filing will no longer be valid after we file VAWA concurrently, I am concerned that I might get a gap in work. 

I don't think I can work using my current EAD once I file I-360 and I-485 VAWA. My wife and I are also in the process to get a divorce, but it would be 6 months or so before that is finalized.    

You need to submit your vawa package fast before your marriage based interview take place , because you need  that I-360 receipt for the IO to put your I-485 file on hold ontill your vawa get’s approved, otherwise the officer will deny your marriage based I-485 right away, and second, you need the vawa receipt notice to renew your current (C09) EAD before it expired, do it six months before the expiration date, currently we have been seeing a lot of delay on EAD renewal 👍

Edited February 21, 2021 by sheima

[justmarriedusciti 7]

9 minutes ago, sheima said:

You need to submit your vawa package fast before your marriage based interview take place , because you need  that I-360 receipt for the IO to put your I-485 file on hold ontill your vawa get’s approved, otherwise the officer will deny your marriage based I-485 right away, and second, you need the vawa receipt notice to renew your current (C09) EAD before it expired, do it six months before the expiration date, currently we have been seeing a lot of delay on EAD renewal 👍

Current c9 EAD has almost 11 months left. But I am just wondering if this EAD is somehow tied to my pending I-485/I-130 application? If not, then I should not have any gap in employment, correct? If I understood you correctly, do I have to take that I-360 receipt to my marriage based GC interview? I would be going by myself if and when that interview takes place. 

[justmarriedusciti 7]

23 minutes ago, Engineering-rocks said:

I believe it would still be valid and you can just renew it 6 months before it expires since it's under the same C09 category. As long as I485 is active (pending, waiting on interview) you're eligible for an EAD. But that's my guess only, maybe someone else would have a more competent answer. 

When filing I-360, would I have to mention somewhere my existing I-485 receipt number to link them?

[sheima 483]

14 minutes ago, justmarriedusciti said:

Current c9 EAD has almost 11 months left. But I am just wondering if this EAD is somehow tied to my pending I-485/I-130 application? If not, then I should not have any gap in employment, correct? If I understood you correctly, do I have to take that I-360 receipt to my marriage based GC interview? I would be going by myself if and when that interview takes place. 

It looks like you just got your EAD good for you, your current EAD is tie to your I-485, you have nothing to worry about but just make sure you have your I-360 receipt ready, take it to your interview, the io need it 

[Engineering-rocks 212]

20 minutes ago, justmarriedusciti said:

When filing I-360, would I have to mention somewhere my existing I-485 receipt number to link them?

Yes, include the receipt you received for your I485 with I360 application. Sounds to me like you only need to file I360 at the moment (which is free), and then in 5 months file for EAD renewal (include I360 and old I485 receipts). Since it's same category the I765 receipt you get will serve as 180 day extension for your current EAD.

[TBoneTX 43,528]

I perceive tension among some in this thread, so a possible antidote is another joke:

 

          A weary, sweating policeman emerged from an inner room of the station.

          "Well, did you give that thug the third degree?" asked the captain.

          "Yeah.  Six of us kept screaming and shouting and badgering him with questions for over four hours," was the tired reply.

          "And what did you get out of him?" asked the captain eagerly.

          "Nothing," said the policeman disgustedly.  "All he did was doze off and from time to time murmur, 'Yes, Dear.  You're right, Dear.'"

Edited February 21, 2021 by TBoneTX

[justmarriedusciti 7]

2 hours ago, sheima said:

It looks like you just got your EAD good for you, your current EAD is tie to your I-485, you have nothing to worry about but just make sure you have your I-360 receipt ready, take it to your interview, the io need it 

Thank you. Is there some official USCIS guidance on this that I can review more in depth? 

[sam012019 14]

On 2/19/2021 at 1:48 PM, Stillwinning!!!😊 said:

They will still process your EAD thats not a problem.. they will only halt your i360 case until you give them what they demand!👍

I filed both 485 and 360 at the same time, EAD renewal submitted in June -2020 and RFE came 2 week ago. I hope you are right and  I get EAD soon before responding to their RFE, so i can continue to work. I also have receipt and prima facie which expires in march. How can I expedite my EAD while i wait to respond to their RFE clearly.

[Stillwinning!!!😊 4,565]

11 minutes ago, sam012019 said:

I filed both 485 and 360 at the same time, EAD renewal submitted in June -2020 and RFE came 2 week ago. I hope you are right and  I get EAD soon before responding to their RFE, so i can continue to work. I also have receipt and prima facie which expires in march. How can I expedite my EAD while i wait to respond to their RFE clearly.

As long as you indicated the C9 category not C31 you will get the EAD before i360 case is approved.. it may be before or after you respond to your RFE the point I'm trying to get across is that the EAD is processed as a seperate petition not dependent on your i360 petition you only get C9 if you have a pending i485! Expedite? are you experiencing financial loss or medical emergency and have documents to back it up? You can read up on all that on the USCIS site!👍

[sam012019 14]

2 minutes ago, Stillwinning!!!😊 said:

As long as you indicated the C9 category not C31 you will get the EAD before i360 case is approved.. it may be before or after you respond to your RFE the point I'm trying to get across is that the EAD is processed as a seperate petition not dependent on your i360 petition you only get C9 if you have a pending i485! Expedite? are you experiencing financial loss or medical emergency and have documents to back it up? You can read up on all that on the USCIS site!👍

Its c9 since the beginning , it will 3rd EAD if they send it. Yes I am facing financial losses..

[Stillwinning!!!😊 4,565]

4 minutes ago, sam012019 said:

Its c9 since the beginning , it will 3rd EAD if they send it. Yes I am facing financial losses..

The supporting documents are available on their site! Action or inaction is at the discretion of the officers.. sometimes they do, sometimes they dont! I believe the more urgent/pressing the situation, the better the chances!👍