VAWA, Part 22

[TBoneTX 43,427]

3 hours ago, Strife said:

I agree. @Stillwinning!!!😊 is a valued contributor as are others. 
 @Stillwinning!!!😊  @sandranj and @TBoneTXyou should all tell us your birthday and choose a charity of your choice to which we can donate on your behalf every year

Just knowing that people are happy is gratifying enough.

(Whoops... looks like I'm plagiarizing Stillwinning!!! here, but...)  It's really true.

[ajango 10]

My situation

I came into the US with F-1 visa. During my F-1 OPT, I got married to USC June 10th 2020 and filed a family based i-485 on July 15th 2020. I have since received my Combo EAD and was waiting for my interview to be scheduled.

The Problem

A domestic violent incident occurred on May 5th,2021 (I have the police report ). My USC spouse attacked me and she is been charged with felony. We are currently separated and divorce is been arranged. I received a notification that my interview for the original family based I-485 has been scheduled for June 15th, 2021. But now I am separated because of the domestic violence incident.

My Urgent Question

How do I request USCIS  to have my interview based on the VAWA case and not the family i-485. I know I have to convert my I-130 to I-360 but do I just go to the interview and present my new documents or do I need to contact them before the interview to let them know of my situation. My family based i-485 is fast approaching and I feel like I need to do something fast before that day.

Thank you so much for your help

[Stillwinning!!!😊 4,562]

2 hours ago, TBoneTX said:

Just knowing that people are happy is gratifying enough.

(Whoops... looks like I'm plagiarizing Stillwinning!!! here, but...)  It's really true.

Lol I’ve been duly credited in the in-text citation so you’re not guilty of plagiarism by any chance Sir!😊

[Stillwinning!!!😊 4,562]

1 hour ago, ajango said:

My situation

I came into the US with F-1 visa. During my F-1 OPT, I got married to USC June 10th 2020 and filed a family based i-485 on July 15th 2020. I have since received my Combo EAD and was waiting for my interview to be scheduled.

The Problem

A domestic violent incident occurred on May 5th,2021 (I have the police report ). My USC spouse attacked me and she is been charged with felony. We are currently separated and divorce is been arranged. I received a notification that my interview for the original family based I-485 has been scheduled for June 15th, 2021. But now I am separated because of the domestic violence incident.

My Urgent Question

How do I request USCIS  to have my interview based on the VAWA case and not the family i-485. I know I have to convert my I-130 to I-360 but do I just go to the interview and present my new documents or do I need to contact them before the interview to let them know of my situation. My family based i-485 is fast approaching and I feel like I need to do something fast before that day.

Thank you so much for your help

Have you filed i360? If not I suggest you get to it ASAP! I’m assuming you’ve read the criteria/requirements for qualification and have decided you qualify.. if you’re not sure you can read it again..as you’ll have to present evidences and meet the requirements as I’ve stated. You should aim to go to your interview with the i360 receipt notice and inform the officer that you’ve filed VAWA and ask that your pending i485 be held in abeyance pending when the i360 is decided! Or if you haven’t filed i360 before your interview, you can let them know you intend to and will be sending them the receipt notice within 30 days or so. Be sure to confirm with the officer. 👍

[ajango 10]

1 hour ago, Stillwinning!!!😊 said:

Have you filed i360? If not I suggest you get to it ASAP! I’m assuming you’ve read the criteria/requirements for qualification and have decided you qualify.. if you’re not sure you can read it again..as you’ll have to present evidences and meet the requirements as I’ve stated. You should aim to go to your interview with the i360 receipt notice and inform the officer that you’ve filed VAWA and ask that your pending i485 be held in abeyance pending when the i360 is decided! Or if you haven’t filed i360 before your interview, you can let them know you intend to and will be sending them the receipt notice within 30 days or so. Be sure to confirm with the officer. 👍

Thank you for your reply. Yes I qualify for I360. Would I need to file the I360 with I485 again ? since i will be requesting that my pending i-485 be held in abeyance. Please along with the I360 what else do i need to file asap

Edited May 20, 2021 by ajango

[balo101 653]

3 hours ago, ajango said:

Thank you for your reply. Yes I qualify for I360. Would I need to file the I360 with I485 again ? since i will be requesting that my pending i-485 be held in abeyance. Please along with the I360 what else do i need to file asap

just file i-360.if you have pending i-485 then once you go to interview then take i-360 receipt with you and let the officer know to hold the i-485. or you can send the documents to uscis to request them to hold the i-485.

[FeDaniela 673]

17 hours ago, Brooklynguy1 said:

hello

vj family quick question, my GC was approved and USCIS sent my GC to my attorney office but the attorney’s office was closed and the GC was send back to Missouri. Are they going to send the GC again or should I contact to Missouri? Pls suggest.

 

thank you

Please use all available recourse to get your GC resend back. Contact USCIS by phone since is a Vawa case don't know if it will work but I will give it a try or asked for a called back. Contact congress office for help on requesting a resent of your Green Card. If you Green card stays with USCIS within 60 days USCIS will destroy the Card, and you may need to file a I-90 replacement  that will be your last recourse. Make sure Attorney is aware of this situation and their office be open, Lawyers office usually have a mail box for their mail, my lawyer office was close but my green card was delivered on their mail box place. 

Edited May 20, 2021 by FeDaniela

[2020filer 74]

Guys did you ever get any confirmation for the receipt for EAD extension? Not sure if they got it or not..

[FeDaniela 673]

1 minute ago, 2020filer said:

Guys did you ever get any confirmation for the receipt for EAD extension? Not sure if they got it or not..

Your EAD Extension is your I-797 Receipt. There is not confirmation they will mail it to your address. 

[balo101 653]

1 minute ago, 2020filer said:

Guys did you ever get any confirmation for the receipt for EAD extension? Not sure if they got it or not..

once you send the renewal EAD, the renewal receipt works as an extension. If your employer ask you for the EAD extension just show them that EAD renewal receipt. 

[2020filer 74]

11 minutes ago, balo101 said:

once you send the renewal EAD, the renewal receipt works as an extension. If your employer ask you for the EAD extension just show them that EAD renewal receipt. 

 

12 minutes ago, FeDaniela said:

Your EAD Extension is your I-797 Receipt. There is not confirmation they will mail it to your address. 

Oh I didn't get a receipt yet. How long does that usually take approximately? Last year I received both the I-797 and the card almost at once. 

[balo101 653]

Just now, 2020filer said:

 

Oh I didn't get a receipt yet. How long does that usually take approximately? Last year I received both the I-797 and the card almost at once. 

did you submit the renewal package? if you did then it would take 3 to 4 weeks to get the receipt notice.

[2020filer 74]

Just now, balo101 said:

did you submit the renewal package? if you did then it would take 3 to 4 weeks to get the receipt notice.

Okay that is a great timeline. I submitted mine a few weeks ago. Hope it will arrive soon! Thank you!

[neimovirna 54]

49 minutes ago, 2020filer said:

Guys did you ever get any confirmation for the receipt for EAD extension? Not sure if they got it or not..

I filed my Ead renewal paperwork on May 7th, they cashed my check for the fee of $410 on May 10th, so I knew they received it for sure. Then, on May 17th, I got a Notice of action paper of the automatic extension for 180 days. And yesterday the online status changed to “Fingerprints were taken” on the Uscis app

[2020filer 74]

1 hour ago, neimovirna said:

I filed my Ead renewal paperwork on May 7th, they cashed my check for the fee of $410 on May 10th, so I knew they received it for sure. Then, on May 17th, I got a Notice of action paper of the automatic extension for 180 days. And yesterday the online status changed to “Fingerprints were taken” on the Uscis app

I didn't know we had to pay for the extension. Is that in all cases?