VAWA, Part 24

[Pinkrlion 2,616]

10 hours ago, 2020filer said:

Is anybody also scared to contact USCIS? I have been freaking out all weekend knowing I need to call them on Monday to ask to expedite my EAD (I have a letter from employer). Now I am so afraid to bother them that I am weighing the loss of the job vs. the stress of provoking the beast lol. Anyone else has this fear? I have a diagnosed PTSD from this whole story and the call is very much so a trigger, even though it seems so minor. 

expediting your EAD has nothing to do with your VAWA case,

[Pinkrlion 2,616]

7 hours ago, perseverance_ said:

Hi everyone,

I was able to send the vawa package on January 3rd which got delivered on 4th. We also sent hold in abeyance letters to both NBC and Local Field Office that got delivered on 4th. Today my I-485 case got updated to "Denied" and it say notice will include information on what I need to do next. I assume my previous AP/EAD which was still pending is gone now? I don't know when I will get the receipt notice for my VAWA. Is there anything I can do to save my previous AP/EAD application? Does anyone know what is going to happen now in terms of my presence in the country? thanks and appreciate it. 

 

Even the pills don't help me anymore and I've been trying to keep it together somehow.

Yoi can just refile, dont stress out.

 

[Persica 4]

18 hours ago, Mahi Bansi said:

Hey friend; hold on and dont stress. Don't worry about your I-485 denial.

May I ask when was your interview? and you did not attend it or attended alone?

Let it go if it is denied. You can file a new I-485 and I-765 and I-131 (EAD/AP combo card). Till when is your previous EAD valid? Do you have 180 day extension?

 

I suggest file a new one and you will get a new AP combo card once processed. Don't forget to put category C09.

 

Please feel free to reach out if you have any questions or want to talk or vent.

 

Also, once you file VAWA your status goes to pending and you are not illegal until decision is made. So don't worry friend.

 

Senior members, please correct me if I provided any wrong information.

Interview wasn't scheduled yet. I already filed the vawa package on Jan 3rd along with 765 and 485. Also, the hold in abeyance letters to NBC and FO, but my previous 485 still got denied. I never received EAD from my first filing. It takes 9-10 months, and now I guess I'll have to wait another 9-10 months to get one.

[J2020 81]

2 hours ago, perseverance_ said:

Interview wasn't scheduled yet. I already filed the vawa package on Jan 3rd along with 765 and 485. Also, the hold in abeyance letters to NBC and FO, but my previous 485 still got denied. I never received EAD from my first filing. It takes 9-10 months, and now I guess I'll have to wait another 9-10 months to get one.

Don’t stress out you can refile again. We are on the same boat some of us even had to leave the States and won’t be able to come back before the decision. You can apply to some types of aid with the prima facie till you get your EAD approved. 
 

just work on your vawa and let things go, stress will damage your health, meanwhile do meditation, yoga, short or long walks in fresh air and drink lots of water. it helps a lot with managing stress. You can also find hobbies that you enjoy to take your mind off the stressful things.

 

Good luck to you and take it easy, hope we all get approved sooner.

Edited January 11, 2022 by Mubja

[Persica 4]

59 minutes ago, Mubja said:

Don’t stress out you can refile again. We are on the same boat some of us even had to leave the States and won’t be able to come back before the decision. You can apply to some types of aid with the prima facie till you get your EAD approved. 
 

just work on your vawa and let things go, stress will damage your health, meanwhile do meditation, yoga, short or long walks in fresh air and drink lots of water. it helps a lot with managing stress. You can also find hobbies that you enjoy to take your mind off the stressful things.

 

Good luck to you and take it easy, hope we all get approved sooner.

Thank you, I appreciate all that you said. 

I did file VAWA a week ago with 765, I-131 and 485. 

The 485 that got denied was from my family petition.

Does this denial letter affect me in any way since I've already filed for vawa but I haven't received the receipt notice yet? thanks for your insights

[J2020 81]

27 minutes ago, perseverance_ said:

Thank you, I appreciate all that you said. 

I did file VAWA a week ago with 765, I-131 and 485. 

The 485 that got denied was from my family petition.

Does this denial letter affect me in any way since I've already filed for vawa but I haven't received the receipt notice yet? thanks for your insights

I personally did not apply for the family petition because I figured my spouse was just gaslighting to waste time so he can control me. I applied i360 directly and without the 485. 
 

There are other members who are more qualified to answer your question, but the denial maybe because your spouse withdrew the family petition and that you have filed for a vawa case now, I’m definitely not sure though. 
 

you can focus on applying for the 485 through vawa since vawa is entirely separate from the family petition.    
 

You should definitely consult with an attorney 

Edited January 11, 2022 by Mubja

[Persica 4]

11 minutes ago, Mubja said:

I personally did not apply for the family petition because I figured my spouse was just gaslighting to waste time so he can control me. I applied i360 directly and without the 485. 
 

There are other members who are more qualified to answer your question, but the denial maybe because your spouse withdrew the family petition and that you have filed for a vawa case now, I’m definitely not sure though. 
 

you can focus on applying for the 485 through vawa since vawa is entirely separate from the family petition.    
 

You should definitely consult with an attorney 

I see, thanks for your response. I filed I-360 with 485, 765 and 131 a week ago. The denial is because my family petition was withdrawn. I hired an attorney for my filing they said we'll send a letter to hold in abeyance to avoid denial of your previous 485 to save EAD. We sent the letters but It still got denied. The attorney hasn't been responding. It's making my anxiety and depression even worse because the attorney doesn't communicate.

 

I'm also worried if I might be put into removal because I still haven't received receipt notice for my concurrent vawa filing.

Edited January 11, 2022 by perseverance_

[J2020 81]

49 minutes ago, perseverance_ said:

I see, thanks for your response. I filed I-360 with 485, 765 and 131 a week ago. The denial is because my family petition was withdrawn. I hired an attorney for my filing they said we'll send a letter to hold in abeyance to avoid denial of your previous 485 to save EAD. We sent the letters but It still got denied. The attorney hasn't been responding. It's making my anxiety and depression even worse because the attorney doesn't communicate.

 

I'm also worried if I might be put into removal because I still haven't received receipt notice for my concurrent vawa filing.

That’s the issue with 485, but try to communicate with your local congressperson so they can see what’s going on. You can also inquire on the USCIs website for not receiving the notice. 
 

You can also find a free consultation online and ask an immigration lawyer about this situation with the 485 since your attorney isn’t responding. 
 

what is the time period between the spouse withdrawing the petition and you filing the vawa? Maybe they haven’t received your letter 

[Happy1982 124]

Hi folks,

 

My vawa case it seems was approved on 11.10.2021 and since then the last status has been Card Was Picked Up By The United States Postal Service and i received the I765 under C31.  Its been almost two months and the status has not been changed. Any advise about why the case has not been changed to approved or maybe why the I485 has not been updated to case was transferred?.

[Zzz___1 141]

44 minutes ago, DanyT. said:

Hi folks,

 

My vawa case it seems was approved on 11.10.2021 and since then the last status has been Card Was Picked Up By The United States Postal Service and i received the I765 under C31.  Its been almost two months and the status has not been changed. Any advise about why the case has not been changed to approved or maybe why the I485 has not been updated to case was transferred?.

USCIS might take some time to issue you an official approval letter. I never received a transfer notice when my case was transferred and several people on this forum also never got their transfer notices. So, sounds like it’s pretty common.

 

I would try submitting an online missing document request to USCIS saying that you’ve received your c31 but never got a notice, and that you are concerned that it got lost or Sth.

 

some people here might say that online requests don’t work, but you don’t loose anything by trying. Worst case scenario USCIS will just ignore your request. 
 

If it takes way too long for you to get an approval letter, you might want to contact your congressman, but I’ve never done this before, so can’t really advise you on this one. The best option is probably just waiting a little bit longer.

[BlueTiger92 123]

1 hour ago, DanyT. said:

Hi folks,

 

My vawa case it seems was approved on 11.10.2021 and since then the last status has been Card Was Picked Up By The United States Postal Service and i received the I765 under C31.  Its been almost two months and the status has not been changed. Any advise about why the case has not been changed to approved or maybe why the I485 has not been updated to case was transferred?.

It took me this much time - about 2 months to get approval letter after C31 was delivered and status also changed after that

[Sorrowhope 71]

On 1/10/2022 at 9:36 AM, Rosa Garcia said:

I think they are still working on cases from 2019. I filed on november 2019 still waiting.

September 2019 filler and still waiting too 180 days ago they received my rfe respond 

[VolksWagon99 5]

On 12/16/2021 at 12:54 AM, 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.

Can you pls explain the flow of VAWA i mean... From first time you sent application until approval/denial or  appeal and where you do those steps?

Edited January 12, 2022 by VolksWagon99

[VolksWagon99 5]

How we can get Police reports w/t alerting the abuser? Not sure how police works so Don't want to put my life in danger

[VolksWagon99 5]

On 12/17/2021 at 3:13 PM, Demise said:

Cancellation of removal is a bit different. It can only be filed with an immigration court while in removal proceedings and getting yourself placed into removal proceedings when you want to is actually pretty damn hard. In this case you do not file I-360, instead you file EOIR-42B with the court.

- Previous filing of VAWA is required for VAWA COR?

- VAWA COR approval gets you 10 yrs GC?

- VAWA COR approval gets GC for family too?

 

On 12/17/2021 at 3:13 PM, Demise said:

Correct, the extreme hardship has to be to yourself or to your child. The kid does not have to be with the abuser, however due to some particular wording of the section of law pertaining to VAWA COR you can file EOIR-42B if you were never married but your mutual child was a victim of abuse by other parent who's a USC or LPR. Basically it's a bit of a mess. 

I know; looks like mess      Mutual child...You meant child with USC?

 

On 12/17/2021 at 3:13 PM, Demise said:

The term used is extreme hardship, which is the same standard that's used for things like unlawful presence waivers. It is difficult and it goes above just being forced to move to a crappier country but it is far from insurmountable. That being said, I do not under any circumstances recommend DIYing a COR case.

- Have any examples of extreme hardship?

- I don't see any Attorneys having experience in VAWA COR. Any recommendations? You can PM also, if feel like