VAWA, Part 24

[Persica 4]

3 hours ago, sandranj said:

If they denied because you couldn't prove bonafide marriage before then you have to prove bonafide marriage now, but if they denied stating you had a "sham marriage" then they will deny your case.

Thanks for your response @sandranj I130 was withdrawn by the spouse after abandonment. Therefore 485 got denied.  Our interview was yet to be scheduled.  But I had sent letters to hold in abeyance, don't know why they didn't work.

1. Do you think I can be put into removal proceedings even though I recently filed vawa concurrently before the denial of previous 485?

2. My attorney says we can file motion to reopen or reconsider (290B) to open the previous 485 so I can get my EAD from the previous application since I have already been waiting for 8 months now?  Appreciate your insights. Thanks again.

[Rhema1 342]

5 minutes ago, perseverance_ said:

I sent the vawa with new 485 before the denial of family based 485. My attorney said we can file a new concrrent filing and also send a letter to hold in abeyance to save my previous EAD application (which was yet not issued) so I don't have to wait another 8-10 months for the EAD. I appreciate you Rhema, thanks. 

In this case I guess. 

It was like asking them to deal with two I-485s at the same time and also two EAD/AP CO9 category. 

If this situation was to reset, I would have waited the response of my letter to put my current I-485 on HOLD before filing a new I-485.

Sending new form was the evidence that you don't want the older one again.  just as I said before, you now have to wait for your receipts notices and then go from there. 

 

[Travel619 0]

Hi everyone,

 

does anyone one know how to contact local congressman office to reach out to uscis office for us? What is the process usually?

 

thank you!

[balo101 653]

14 minutes ago, Travel619 said:

Hi everyone,

 

does anyone one know how to contact local congressman office to reach out to uscis office for us? What is the process usually?

 

thank you!

Just google it Who is your congressperson. Reach out to them. Then they will send you a privacy release form to fill out. Once you do that, send them your receipt notices and explain your issue.

[Persica 4]

44 minutes ago, Rhema1 said:

In this case I guess. 

It was like asking them to deal with two I-485s at the same time and also two EAD/AP CO9 category. 

If this situation was to reset, I would have waited the response of my letter to put my current I-485 on HOLD before filing a new I-485.

Sending new form was the evidence that you don't want the older one again.  just as I said before, you now have to wait for your receipts notices and then go from there. 

 

Hi Rhema,

 

Thank you for your insights. I hope things work out well. As far as I understand it doesn't matter that there were two 485s. We filed the concurrent to vermont because we had to file before getting the denial. If we had waited for them to respond to the hold in abeyance letters then we could've gotten a denial and we would not have yet filed the vawa concurrently. This would definitely put someone in removal proceedings because they haven't filed for any other benefit. This is what my attorney told me. They do it for other clients as well since the vawa goes to vermont and the letters go to NBC and local FO. So it's always better to file a vawa concurrently then waiting to hear back if they will hold in abeyance especially in cases like mine where spouse already withdrew I130 and denial comes sooner. I'm still worried if I might be put into removal because I don't yet have my receipt notices and the different USCIS offices don't coordinate with each other so well. It's like the left hand doesn't know what the right hand is doing.

 

The point of letters was to save the time in getting EAD, which now would take another 8-10 months. I don't know if we can save that now. And I hope I won't be put into removal proceeding before I get vawa receipt notices. 

[J2020 81]

4 hours ago, sandranj said:

When the person has a weak case most lawyers advise to wait the VAWA decision, but if your case is strong and your spouse is a U.S Citizen then you can file for adjustment of status now. 

This definitely makes me sad and worried. The attorney did not even explain to me anything about different filings or forms but she told me that my case is straightforward and I have strong evidence.  We did however discuss to eliminate any chances to be put in removal or deportation and I said yes I want to eliminate all chances. 
 

if I was physically present in the U.S now, at least I might have a chance to fight any negative result but what can one do from abroad.
 

Now this makes me feel discouraged and quiet honestly I’ll be gutted if I get denied after all the abuse and hardship I went through with the USC spouse for years, I’ve sacrificed a whole lot and lost beyond.

Edited January 12, 2022 by Mubja

[Cashwed. 16]

Hello everyone,

I was here before under the username cashweed. I lost my login details and wasn't able to login again. 

I applied for my vawa from outside US and it got a message today that it has been approved. I am yet to receive the letter which I hope comes soon. 

I got a noid for shared residence. And first it was returned because I had changed my address. I later on requested for a new one. And was able to explain what was missing and added some more evidence.  After about a month and half I finally got an approval.  

I said before that I will come back to write about my outcome regardless what it is. There is still a long way to go. But I hope this message gives some hope to those who are waiting from abroad. 

Thanks for reading. And be blessed.

 

[RKE 18]

3 minutes ago, Cashwed. said:

Hello everyone,

I was here before under the username cashweed. I lost my login details and wasn't able to login again. 

I applied for my vawa from outside US and it got a message today that it has been approved. I am yet to receive the letter which I hope comes soon. 

I got a noid for shared residence. And first it was returned because I had changed my address. I later on requested for a new one. And was able to explain what was missing and added some more evidence.  After about a month and half I finally got an approval.  

I said before that I will come back to write about my outcome regardless what it is. There is still a long way to go. But I hope this message gives some hope to those who are waiting from abroad. 

Thanks for reading. And be blessed.

 

Congratulations. Please your timeline

[J2020 81]

4 minutes ago, Cashwed. said:

Hello everyone,

I was here before under the username cashweed. I lost my login details and wasn't able to login again. 

I applied for my vawa from outside US and it got a message today that it has been approved. I am yet to receive the letter which I hope comes soon. 

I got a noid for shared residence. And first it was returned because I had changed my address. I later on requested for a new one. And was able to explain what was missing and added some more evidence.  After about a month and half I finally got an approval.  

I said before that I will come back to write about my outcome regardless what it is. There is still a long way to go. But I hope this message gives some hope to those who are waiting from abroad. 

Thanks for reading. And be blessed.

 

Thank you for sharing, this definitely gives us hope. 
 

do you mind sharing your timeline? When did you apply? And what steps did they say you take next?

 

thank you 

[Cashwed. 16]

13 minutes ago, Mubja said:

Thank you for sharing, this definitely gives us hope. 
 

do you mind sharing your timeline? When did you apply? And what steps did they say you take next?

 

thank you 

I applied in sep 2019

Got an Rfe after a month of so for good moral character

After I responded to the rfe I got prima facie 2 times. 

Around mid last year I got a notice of intend to deny which was returned due to address change. I wrote two letters requesting for the noid to be resend and finally after a few months it was send to me. I responded before the 33 days deadline. And today I got the decision the form 1360 was approved.  I am still waiting for the letter which explains the next steps I should take. The total process took about 2years and 4 months. 

[J2020 81]

16 minutes ago, Cashwed. said:

I applied in sep 2019

Got an Rfe after a month of so for good moral character

After I responded to the rfe I got prima facie 2 times. 

Around mid last year I got a notice of intend to deny which was returned due to address change. I wrote two letters requesting for the noid to be resend and finally after a few months it was send to me. I responded before the 33 days deadline. And today I got the decision the form 1360 was approved.  I am still waiting for the letter which explains the next steps I should take. The total process took about 2years and 4 months. 

So happy for you, congratulations! This is really exciting ✨

 

Thanks for sharing and if you don’t mind updating us in the future because you’re the first member that I know of got approved through consular processing so your experience will help and encourage us 🙏

Edited January 12, 2022 by Mubja

[Loser_Michigan 21]

23 minutes ago, Cashwed. said:

I applied in sep 2019

Got an Rfe after a month of so for good moral character

After I responded to the rfe I got prima facie 2 times. 

Around mid last year I got a notice of intend to deny which was returned due to address change. I wrote two letters requesting for the noid to be resend and finally after a few months it was send to me. I responded before the 33 days deadline. And today I got the decision the form 1360 was approved.  I am still waiting for the letter which explains the next steps I should take. The total process took about 2years and 4 months. 

Happy new year and congratulations to your victory

[Mahi Bansi 8]

7 hours ago, sandranj said:

There is a difference between shared residence and bonafide marriage.It seems the person  proved bonafide marriage but couldn't t prove ''shared residence ", and they requested more evidence, because the evidences submitted didn't satisfy the service.

Thank you ma'am. Isn't State IDs or Driving Licenses with same home address, joint tax returns with same address, and mails coming to home (even differently to each spouse) serve as proof of shared residence?

[Mahi Bansi 8]

1 hour ago, Cashwed. said:

Hello everyone,

I was here before under the username cashweed. I lost my login details and wasn't able to login again. 

I applied for my vawa from outside US and it got a message today that it has been approved. I am yet to receive the letter which I hope comes soon. 

I got a noid for shared residence. And first it was returned because I had changed my address. I later on requested for a new one. And was able to explain what was missing and added some more evidence.  After about a month and half I finally got an approval.  

I said before that I will come back to write about my outcome regardless what it is. There is still a long way to go. But I hope this message gives some hope to those who are waiting from abroad. 

Thanks for reading. And be blessed.

 

Congratulations friend

May I ask what additional proof you submitted to prove joint residence?

Thanks and enjoy  

[Cashwed. 16]

29 minutes ago, Mahi Bansi said:

Congratulations friend

May I ask what additional proof you submitted to prove joint residence?

Thanks and enjoy  

Anything from uber receipts showing the address we lived together. I used user alot. Atm withdrawals near our address. Pictures of furniture we bought together and discussions on what furniture to choose and alot of chats which implied we lived together. Anything from asking my ex to bring some groceries on the way home. I had to explain every evidence I added in a detailed way. I also added one affidavit from someone who knew I lived there.