VAWA, Part 24

[steve_o 8]

6 hours ago, Nick2020 said:

Hi VJ family I got an update on my i-485. " New Card is being produced".

 

Finally it is over after 3 years.

Congrats! 

[VolksWagon99 5]

19 hours ago, Demise said:

1. Either. There isn't a VAWA interview per se but you can still be called for an interview for the I-485. You can transfer a previously filed I-485 from an I-130 or I-129F to the VAWA I-360.

2. There's two options. The usual one is a C09 EAD due to a pending I-485. Alternatively you can check a box on the I-360 and they will issue you a C31 EAD upon I-360 approval. The first option is faster and takes about 6-8 months these days. If you already have a C09 EAD and you transfer I-485 to the I-360 that EAD will remain valid and you can keep renewing it.

3. Police reports, court documents, restraining orders, eyewitness testimonies, psychological evaluations, self-affidavit. I managed to get approved with my only evidence of abuse being a very grisly self-affidavit but this isn't recommended, I figured that I am boned either way so I'll just yolo it.

4. I-360 takes about 2 years, I-485 cannot be approved before then, I'd say probably like 3 years overall. The GC is 10 years.

5. Go and let the agent know that you plan to file VAWA, ask them to hold your I-485 for 30 days, file I-360, when you get a receipt notice mail a copy and a transfer request for the I-485 to your field office. They will transfer your I-485 to VSC.

6. It's a huge topic to be honest and I would recommend you getting a lawyer. This isn't something that can be DIYed generally.

7. 3 years

8. No. You can still be married or divorced for less than 2 years as of the day you file I-360. If more than 2 years passed you can still proceed via VAWA cancellation of removal but that's a whole another can of very angry worms. This does become somewhat relevant in some cases because if you file, divorce, 2 years pass, and you get denied you can't refile and can only really seek an appeal with the AAO. Only important thing is that you do not re-marry before the I-360 is pending and ideally not until you have your green card in hand.

Great! Thanks for your help  @Demise  !! 

 

1-  What reason usually you can be called for an interview? Usually they don't call for an interview?

2- When EAD can be renewed and how long EAD is valid for?

3- Court documents? Example pls

4-  Is it like first  I-360 approved & then I-485 gets approved simultaneously automatically?

7- 3 Years from? I assume it doesn't matter if you're married or not; its still 3 years?

8- Approx. how long its between  I-360 approval & green card in hand?

8- Can you pls elaborate on "This does become somewhat relevant in some cases because if you file, divorce, 2 years pass, and you get denied you can't refile and can only really seek an appeal with the AAO."  Let the Can open  

 

[VolksWagon99 5]

4 hours ago, Demise said:

Mine was 4 pages with my RFE response being 3 pages. Like you want to be logical and to the point in your writing. You don't want something that was really bad (e.g. marital rape) to get lost in sea of petty concerns.

 

Like I agree that it shouldn't matter but I am willing to defer to Sandra when she says that she'd get denials for C09 renewals because the client recently got a C31.

 

C09:

Basis of eligibility: Pending I-485

Cost: Free (unless you had a fee waiver for I-485, where you have to pay the fee or get another fee waiver for renewals)

Validity: 2 years

Automatic 180 day extension: Yes

Can have advance parole (combo card): Yes

 

C31:

Basis of eligibility: Approved I-360

Cost: Initial is free, renewals are $410 or you'll need a fee waiver

Validity: 1 year

Automatic 180 day extension: Yes

Can have advance parole (combo card): No

 

Like I've been saying this for a while, just go with the C09, keep renewing it, and for the most part ignore the C31. Only focus on the C31 one if you're in a situation where it is impossible or imprudent for you to file I-485 (e.g. you have admin closed removal proceedings and you don't want to poke that bear just yet).

Thanks for explaining C09 Vs C31 so well !!!! You got good command on VAWA (better than most of our so called Attorneys)   

 

 

 

4 hours ago, Demise said:

I really think you are putting a very tall order on VolksWagon99. That's like 3000 pages of posts.

I hope i'll finish it before getting the approval  lol

 

2 hours ago, Stillwinning!!!😊 said:

If by your ‘Whole life story’ you mean the narrative of how you met your spouse and how things progressed into marriage and on to the abuse then you’re on point. Your ‘whole life story’ when it comes to proving your immigration case shouldn’t be from the point of your birth lol…mine was about 19 pages long I think… about 19 or 20. But very detailed. The affidavit not only explained my situation but answered some rfe in the process. You might also consider re-writing or editing it to capture only the important things..thereby reducing the volume. Everyone’s case is different.👍

For what you got RFE? On your sory?

 

 

2 hours ago, Aadi135 said:

 

I agreed but i wrote my first statement which was 17 pages including photos. Story started how i met her in 1-2 pages and how we got married, why we got married and yet I received 4 page long RFE. I agreed all cases are different i lived barely 4 months with my wife and did not have much supporting documents. 

Agreed, 

Please dont feel like that. After I received my 2nd rfe which was 4 page long. I wrote detailed statement composing 27-28 pages. In my first statement i was more focused on abuse. In my second statement i was very perticular about all events that was missing from my first statement like how we met. How we dates. Where we been, what we did, what day, what time, how we met family, friends, celebrations, wedding apartment, where we kept what, when we bought what, how we bought. Everything. Got 3 supporting statements. However in 2nd statement I did not write anything about abuse I stopped writing where mu first statement started. Together it will go beyond 40 pages but thats all my heart out on those pages. Not everyone great at writing. Despite Stillwinning knows better than us still got 2-3 RFE’s. So I would say it all depends. I have seen people with 4 pages approved. More pages means more risk of making mistake. We might can even contradict our own story unknowingly but it is what it is. I really have left nothing more to offer as proof. So i wrote i all could. 

In RFE, did they ask about your story/events etc or any Docs?

 

 

 

 

Edited December 17, 2021 by VolksWagon99

[Demise 1,139]

18 minutes ago, VolksWagon99 said:

Great! Thanks for your help  @Demise  !! 

 

1-  What reason usually you can be called for an interview? Usually they don't call for an interview?

2- When EAD can be renewed and how long EAD is valid for?

3- Court documents? Example pls

4-  Is it like first  I-360 approved & then I-485 gets approved simultaneously automatically?

7- 3 Years from? I assume it doesn't matter if you're married or not; its still 3 years?

8- Approx. how long its between  I-360 approval & green card in hand?

8- Can you pls elaborate on "This does become somewhat relevant in some cases because if you file, divorce, 2 years pass, and you get denied you can't refile and can only really seek an appeal with the AAO."  Let the Can open  

 

1. Random chance generally. It can also be some discrepancies in your record that you will need to straighten out. Finally, if you entered without inspection it is policy to interview you and VAWA is one of the few things that let you adjust status after an EWI.

2. You can file up 180 days early before expiration. The receipt notice for the renewal extends the previous EAD for 180 days. Each C09 EAD is valid for 2 years.

3. Restraining orders, criminal convictions, divorce decrees on basis of abuse.

4 and the first 8. No. I-485 will just sit around until I-360 is approved. After I-360 is approved the I-485 will be forwarded to National Benefits Center, which then will forward it to your field office which will decide whether or not to interview you, and will render the final decision on the I-485. The time between I-360 approval and I-485 approval and you getting your green card varies on your field office but these days with all the processing delays is like 18-24 months generally.

7. 3 years from the date the I-485 is approved which will be your "resident since" date on your green card. VAWA lets you naturalize after being a permanent resident for 3 years, whether you did a self petition (I-360), VAWA removal of conditions waiver (I-751), or you won cancellation of removal (EOIR-42B).

Second 8. Basically you can file I-360 while married or within 2 years of divorce. So if your I-360 is denied and you're still within that time window you can file a new I-360. If you are outside the time window then you can only appeal the denial on the prior I-360 because you are not eligible to refile because you're out of the time window.

Continuing on, VAWA cancellation of removal, which is a difficult benefit to seek, which you can obtain in removal proceedings and which does result in you getting a green card, has slightly different requirements. For example it requires you to have lived in US for at least 3 years, you need to argue the abuse in open court, and you need to demonstrate that your removal would cause extreme hardship to yourself or/and to your child(ren). But at the same time it also doesn't have a time limitations and it allows you to seek it in scenarios where you were never married to your abuser, have a kid with him or her, and the kid was a victim of abuse.

Edited December 17, 2021 by Demise

[Stillwinning!!!😊 4,564]

5 minutes ago, VolksWagon99 said:

 

For what you got RFE? On your sory?

Back in 2018, proof of Shared residence, Good faith marriage and Good moral character. Nothing substantial was initially submitted due to limited knowledge of the whole process at that time as stated earlier…Once you satisfy USCIS, they have no reason to hold your case any longer.👍

[pindiboy 9]

4 hours ago, marcoisland777 said:

congratulations, this is great!  God is good! so happy for you

can you please share when did you send your i693, and when did it arrive to uscis?  and how long did it take from the moment your i693 arrived to uscis to get your i485 approved?

I received a i693 rfe for my i485, I sent it and arrived to uscis on last week dec 9th, I am wondering how long it takes for the queens office to approve it once they have my i693, please let me know

Good luck on your RFE. how long did it take to get RFE after I360 approval in NYC??

[saraa88 31]

Is there any upside to proactively sending medicals after i360 approval but before rfe?

[pindiboy 9]

1 minute ago, saraa88 said:

Is there any upside to proactively sending medicals after i360 approval but before rfe?

looking forward to replies if someone can help..when was your vawa approved?

 

[Demise 1,139]

3 minutes ago, saraa88 said:

Is there any upside to proactively sending medicals after i360 approval but before rfe?

Nope. Also I am a bit iffy on sending unsolicited submissions since USCIS is kinda prone to misplacing those.

[saraa88 31]

Just now, pindiboy said:

looking forward to replies if someone can help..when was your vawa approved?

 

My VAWA was approved in April in NY. My attorney sent medical in August without rfe and radio silence since then. 

[pindiboy 9]

1 minute ago, saraa88 said:

My VAWA was approved in April in NY. My attorney sent medical in August without rfe and radio silence since then. 

my VAWA was approved in April 2021 too but my attorneys says to waite for RFE  to send the  medicals.

[Priya25 31]

8 hours ago, Demise said:

Mine was 4 pages with my RFE response being 3 pages. Like you want to be logical and to the point in your writing. You don't want something that was really bad (e.g. marital rape) to get lost in sea of petty concerns.

 

Like I agree that it shouldn't matter but I am willing to defer to Sandra when she says that she'd get denials for C09 renewals because the client recently got a C31.

 

C09:

Basis of eligibility: Pending I-485

Cost: Free (unless you had a fee waiver for I-485, where you have to pay the fee or get another fee waiver for renewals)

Validity: 2 years

Automatic 180 day extension: Yes

Can have advance parole (combo card): Yes

 

C31:

Basis of eligibility: Approved I-360

Cost: Initial is free, renewals are $410 or you'll need a fee waiver

Validity: 1 year

Automatic 180 day extension: Yes

Can have advance parole (combo card): No

 

Like I've been saying this for a while, just go with the C09, keep renewing it, and for the most part ignore the C31. Only focus on the C31 one if you're in a situation where it is impossible or imprudent for you to file I-485 (e.g. you have admin closed removal proceedings and you don't want to poke that bear just yet).

Do i have to pay fee during renewal for c09 ead .

[JerryVawa 7]

36 minutes ago, Priya25 said:

Do i have to pay fee during renewal for c09 ead .

Nope.

[Demise 1,139]

1 hour ago, Priya25 said:

Do i have to pay fee during renewal for c09 ead .

Generally - no.

If you got a fee waiver for the I-485 - yes or get another fee waiver.

[VolksWagon99 5]

11 hours ago, saraa88 said:

My VAWA was approved in April in NY. My attorney sent medical in August without rfe and radio silence since then. 

So, Are you waiting for I-485? Will there be interview and any ETA for that?

 

 

11 hours ago, pindiboy said:

my VAWA was approved in April 2021 too but my attorneys says to waite for RFE  to send the  medicals.

I don't think they can approve I-485 w/t medicals. So no point in waiting, i guess. Just sent the medicals to save few months.

 

 

14 hours ago, Demise said:

 

Continuing on, VAWA cancellation of removal, which is a difficult benefit to seek, which you can obtain in removal proceedings and which does result in you getting a green card, has slightly different requirements. For example it requires you to have lived in US for at least 3 years, you need to argue the abuse in open court, and you need to demonstrate that your removal would cause extreme hardship to yourself or/and to your child(ren). But at the same time it also doesn't have a time limitations and it allows you to seek it in scenarios where you were never married to your abuser, have a kid with him or her, and the kid was a victim of abuse.

So, What i understood...VAWA can be filed even after 2 yrs of divorce but won't be approved and you'll be in removal proceedings. Then you can fight cancellation of removal in court based on hardship to yourself or/and to your kid. This kid has to be with abuser?