Macbook

Dear friends,

after 5 years of applying for I-360, after long fight and many many letters and proves sent to VSC, with help of many doctors, friends and attorneys, after countless hours of sleepless nights and a lot of stress I finally got email from VSC stating that my I-360 application has been APPROVED!

I first applied on 2010 and it got denied then I submit appeal what also got denied. Then in December 2014 I applied again for I-360, I-485, I-765 and I-131. I have received 2 RFE, First one for good moral character and second RFE was for proof of abuse and Bona Fide marriage. After submitting RFE responds at end of June, today they update my case on their website saying I-360 has been approved.

Without of help from all of you, specially without help of Sandranj I will never get this approved. THANK YOU SO MUCH FOR ALL HELP FROM EVERYONE!!!

Now since my I-360 has been approved and I have I-485 pending I have few questions:

1. What is next step and what do you think how long it will take me to get Green Card?

2. Will I have interview or not?

3. If I have interview how long it will take for it and will it be in local office or I will have o go to Vermont?

4. Since I never got Prima Facie can I apply now for public benefits, since my I-360 is approved?

5. I had I-131 advance parole approved, but I never used it. Is it save to use it now or should I wait for GC?

THANK YOU VERY MUCH, GOD BLESS YOU ALL, AND I HOPE AND PRAY THAT EVERYONE WHO SUFFERED ABUSE GETS THEIR VAWA APPLICATION APPROVED FAST!

I have submitted appeal in May 2013 and nothing was done with my case until March 3,2014 when they said that my case was transferred to jurisdiction local office and since then nothing. When I go to AAO website their processing time says Curent (6months or less) and in my case has been over a year. Any suggestions? Anybody had similar experience?

Dear friends,

I got letter saying that they have received my appeal. The paper says following I290B NOTICE OF APPEAL TO THE COMMISSIONER

Commissioner?

What and who is that?

I send it to VSC and didn't they suppose to forward it to AAO?

no, everyone shud NOT get approved! it shud be extremely difficult. why? becoz half of you have entered the USA with false intentions and should GO HOME to your country. If its so hard here then, why not? I hope they make it even more difficult to get approved, to weed out the scam marriages that are becoming an epidemic just to get a green card. I was scammed, and i hope they send her home! she used me for over $50.000.usd all total to get here, then provoked violence, and moved in with her boyfriend. This visa fraud must end!

ABUSERS DO NOT HAVE ROOM IN THIS FORUM! You ARE abuser, and I hope and pray to God that your EX gets citizenship! With your comments you are abusing us here, God only knows what you did to that poor girl!

How can someone "provoke" violence? You need to animal (LIKE YOU ARE) to abuse an other live creature!

I don't approve fraud, but in your case there was none, because with your comment you showed us that you are ABUSER. Hopefully VSC follows this forum and can grant GC to your EX based on your testifying of abuse!

Macbook when processing time is listed as "current" it means the processing time is 6 months or less ok.

thanks for clarifying that for me! Hopefully is going to be less.

Can somebody please explain to me how does VAWA appeal process work after I submitted appeal? How long does it take? What does mean if for AAO processing times says:

I-360 VAWA

Violence Against Women Act Petition

Current

What does current mean? (I understand word, but witch day is current? Today's date?)

I will remind: the "waiting game" on your case is actually a hopeful sign. I have seen immigration cases, where a humanistic officer didn't want to issue a denial, was giving it more running time - and eventually sent out approval.

Now, when u say "it looks to me"...how? What did u hear from official sources? Or who are the unduly delayed MALES?

(if u meant youngSeattle: he's residing on the opposite side of the globe - so, that's bad for sampling. if u meant MacBook, who got denied: who knows what his case looked like) But if u know the particulars of other cases: please tell us

vawa2013 what is your problem with males applicator of I-360? Why so much hate?

Since you said "...if you meant MacBook, who got denied:who knows what his case looked like..." let me tell you.

My case got denied because I did not proof that my wife is US citizen (even with approved I-130) (You can not have approved I-130 if you did not submit evidence of spouses immigration status) and also on our marriage certificate said US state where she was born so it's immigration's fault for denying my case because I didn't proof her citizenship (USCIS VAWA offices was too lazy to look over my file!)

Second reason why my petition got denied is that i did not submit enaph documentation establishing bona fine marriage. Even with following documentatinon:

Joint credit card, joint electric bills, joint gas bills, affidavits from friends (US Marshal, Immigration officer, attorney, collage professor, Medical doctor, PhD - ALL REPUTABLE SOURCES) AND MUCH MORE DOCUMENTATION.

I believe that they denied my I-360 just because i was male and that it was unlawfully denied. Now I'm waiting on appeal and will go to court (even Supreme) if I have to!

Now friendly advice, before you use somebodyS name and talk about their status get facts. Don't play with peoples emotions. WE ARE HURT ENUAPH, WE DONT NEED TO BE HURT HERE.

To many of us this forum is one of only mental and legal support system!

I did both. I give argument and submitted additional evidence!

As soon I hear from them I will let you know!

Dear friends, I just wanna to inform all of you that today I submitted Appeal (Form I-290B) from denial of VAWA I-360. It was filed in correlation with Matter of Chawathe, 25 I&N Dec. 369,375 (AAO 2010) stating that Mr. Macbook only has to show that his claim is "more likely than not" or "provably" true. Id. Having "some doubt" is not enough to deny the petition. Chawathe, 25 I&N Dec. at 376.

I will keep you updated.

Thank you for all support!!!

One more question (sandranj may be able to answer this)

Can USCIS VSC deny I-360 with our sending first NOID (Notice of Intent to Deny)?

indianguyyyy found this appeal http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2006/JUN012006_20B9204.pdf

THANKS INDIANGUYYYY

In that appeal its say's following:

"We concur with the director's determination that the petitioner failed to establish that she entered into the marriage in good faith. Counsel's claims and the evidence submitted do not 0-vercome this basis for denial and the petition may not be approved. However, the case will be remanded because the director failed to issues a Notice of Intent to Deny (NOID).

The regulation at 8 C.F.R. 204.2©(3)(ii) states, in pertinent part:

Notice of intent to deny. If the preliminary decision on a properly filed self-petition is

adverse to the self-petition, the self-petitioner will be provided with written notice of this

fact and offered an opportunity to present additional information or arguments before a final

decision is rendered.

In this case, the director denied the petition without first issuing a NOID. Consequently, the case must be remanded for issuance of an NOID pursuant to the regulation at 8 C.F.R., 5 204.2©(3)(ii), which will give the petitioner a final opportunity to overcome the deficiencies of his/her case.

The case will be remanded for the purpose of the issuance of a new notice of intent to deny as well as a new final decision to both the petitioner and counsel. The new decision, if adverse to the petitioner, shall be certified to this office for review.

ORDER: The director's decision is withdrawn. The petition is remanded to the director for further action in accordance with this decision."

Question regarding VAWA appeal. Now I'm filing I-290B appeal regarding I-360 sending all documents supporting that USCIS VSC did not follow law and check for $630 for filing fee. When my I-360 was denied few minutes later my I-485 was denied too. Now I have 33 days to deliver my appeal to VSC, do I have to send appeal on I-485 or not, and what happens when appeal gets approved, do I have to file I-485 all over again or file I-290B at that time (witch will be passed 33 day) or VSC will automatically "reactivate" my I-485 and approve it?

I don't know if I qualify for fee waiver and I don't wanna ask them for one, but adding all this money together is high amount. So far 75% of my life savings and my mothers where gone in attorney's fees and immigration filing fees. So I will rather spend $630 for appeal of I-485 then another $1070 for new application of I-485.

In moral standards they should reopen my I-485 if I prove that they unlawfully denied my I-360

Appeal the decision just if you are 100% sure that you submitted before copy of the marriage certificate and asked then to search file I-130 to find copy of her birth certificate that you submitted in the past.I personally would refile, but in the same time you have a good chance to have your appeal granted.

Thank you and thank all of you. I will think over weekend and make decision what to do. When my head cools down. Tomorrow I'm seeing you Psychiatrist and Psychologist and they will help me cool down. Since April 17th I got maybe 5 hours of sleep total.

DOn't appeal , Don't appeal don't appeal if you cannot prove submit marriage certificate.appeal just review of your judgment it was correct or not. Go to refile cause you need buy time and fined what was reason denied you case and find way for solve or alternative way. you can do it ,and mandatory do it. you have not other choice just standing and fiting , never give up

young seattel , what's up bro ? thanks for your pm message i got you , you know better than me , never give up.

hi sandranj, how are you doing , i know you busy, so about me i was involved with mu case , i m not in removal process and i resend again. i will back soon and talk with you .

HEY GUYS DON'T GIVE UP THAT'S IT

In original fileing (ORIGINAL) I submit carifited (with state seal) MARRIGE CERTIFICATE!!!

My attorney advised me to apeal. When I asked him what documents he needs he said that they have EVERYTHING and that USCIS did not look at original paperwork and first RFE. USCIS VSC based there denail only on documents of second RFE.

In order to approve I-130 we needed to establish that my wife is US citizen, otherwise I-130 would be denaid. They where probably in hurry and did not wanned to look I-130 pettition, so they just said that is not there.

I can not get her birth certificate because in state where she was born Birth Certificate is private record and only person who is on it can get copy (My wife, Her father and her mother). When I tried they said that it does not matter that I'm married to her she will have to come in person or give me power of attorney. She is abuser and by contacting her or any her family member I am puting my life in danger so I will not do that.

USCIS VSC said that affidavids are vague and my attorney said that in 30 years of his expiriance he did not see better affidavids! Also they did not consider credit card statments, utility bills ( from two companies) income tax returns etc.

I can not get any additional information, paperwork or pictures because my wife (The ABUSER) has it, and i can not contact her. Last time when i saw her i had mental brakedown and needed to be put on higher anti exaity medications, and of course if I somehow contact her she will not give me anything.

With all this information please, my dear friends, think and give me your opinion WHAT WOULD YOU DO? Refile and wait another two years and be hospitaliesd for panic attacs, depression and suisadle touths or you would file eather APPEAL or Motion to RECONSIDER. Please think about this and tell me what would you di if you are in my shoes!

Thank you!

Macbook

P.S.(Many times I was suicidal and thank to your support and support of my doctors I am here. I wanna take this moment to THANK ALL OF YOU for support! GOD BLESS YOU ALL)

Maccbook you should file I-360 again and please no more mistakes huh?

-You submitted marriage license, WRONG, you must submit marriage certificate.Marriage license just show you applied to obtain a license to get married not that you got married

-You informed/instructed Vawa Unit to find copy of your wife birth certificate. Did you submit proof showing that you tried to obtain copy of her birth certificate but you could not obtain the copy?. It's not enough to say hey check my petition I-130 and you will find copy of her birth certificate. There is a memorandum from Uscis saying they may search the spouse status if you were UNABLE to find a copy of her birth certificate/status.If you know what State she was born then you are able to get a copy of her birth certificate with the County Record, and of course Uscis will not search for you if you know where to get tho. For example singledad posted here before he didn't know if his wife is a green card holder or a US Citizen then he asked Uscis to search about her status and they will search for sure, but as far I know your ex wife is American then you can get copy of her birth certificate any time you want my dear or not if you have no idea what state she was born,lol

-Affidavits from friends did they mention ALL these things

-how YOU met your wife and where;

-when THEY met your wife first time and how many times they met her and where;

-did they described your relationship before the wedding(happy,excited,nervous etc.);

-did they write down if they attended the wedding and how was it?(religious ceremony followed by a nice party, or it was a simple religious ceremony but romantic, touching etc, or just a civil ceremony and after the ceremony all gathered together for dinner or drinks etc;

-did they describe the wedding atmosphere, how you and your wife were acting(happy,tired,nervous etc..);

-did he/she mention why he/she could not attend the weeding? did he/she send you a gift? a card?;

-did he/she mention in the affidavit about the wedding pictures,;

-did he/she mention about your honeymoon(where,when, if you enjoyed etc...)

-did he/she visit you in your house after the wedding?;

-did you meet her/him in other places with your wife(restaurant,church, coffee place etc.);

-did they describe your relationship with your wife before the wedding? (loving, affectionate,caring etc?);

-did they describe relationship with your wife after the marriage;

ETC.

I am sure not everyone submitted affidavits stating all these things, but if you want to increase your chances to have your vawa approved then you lawyer should consider to do the right thing,lol

I did submit Marriage certificate. In state where I live ONLY person who is on birth certificate can get copy of it. So My wife or her mom or dad. I can not get it, by state law!

For bona fide marriage I submitted 13 affidavits and 11 of them states everything you mention, also i submitted tax return, utility bills, credit card statement. All of that showing both names.

Also they denied my case with out sending me NOID (Notice of intent to deny).

Now I'm thinking of appeal. Whats your opinion on that? Should i appeal it or just refile? Which one will be faster and more favorable?

THANKS

you must received denied letter like this...you need to observe what is missing....

Example : I-360 Denial Letter

http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2005/APR272005_03B9204.pdf

Second:

http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2006/Oct042006_01B9204.pdf

Where I can find more examples of this? Possibly approved appeals? If you can please give me link. I will try to find some similar cases to mine, because those two what you posted where not even close to mine.

Thanks!

Documents that I send to VSC at the time of application and on first and second RFE (based on those things that they denied me on):

(1) Copy (and in September i send certified copy) of Marriage license from county - But that is not good enough proof that I was married (What else I should send?!)

(2) Copy of APPROVED I-130 with directions where they can find my wife's US birth certificate in there file (because I don't have her Birth Certificate or passport, and I can't get it because of privacy and I can't ask abuser who destroyed me mentally, physically, emotionally and financially to provided me with those documents)

(7) I submitted thirteen affidavits from friends (very respectful people, US Marshal, Priest, Army Sargent, Attorney, University Professor etc.) stating that my marriage was bona fide most of them attendant my wedding ceremony, also sanded joint accounts with Gas and Electric company, Copy of Income tax return, credit card statement in both names, old lease agreement etc.

Problem with affidavits according to VSC is following:

"The affidavits submitted by your friends are vague and do not contain complete information and details explaining how the person acquired his or her knowledge of the marriage." MY FRIENDS WHERE PRESENT AT WEDDING CEREMONY AND THEY EXPLAIN IT IN AFFIDAVIT!!!

I don't understat how they overlook this very important proofs?!

Hello my dear friends. Today I got denial letter from VSC and if was not sad situation it would be comic one. Reasons why my petition was denied are;

Section 204(a)(1) of Act, as amended, requires that a self-petitioning spouse must show that he or she:

(1) has a qualifying relationship as the spouse, intended spouse, or former spouse of a citizen or lawful permanent resident of the United States;

(2) is eligible for immigrant classification under section 201(b)(2)(A)(i) of the Act, based on a qualifying relationship with a citizen of the United States; or section 203(a)(2)(A) of the Act, based on a qualifying relationship with a lawful permanent resident of the United States;

(7) entered into the qualifying relationship in good faith.

So I "fail" to proof that

(1) My wife is US citizen

(2) I was eligible for immigrant classification

(7) establish that I entered into the qualifying relationship to the citizen in good faith.

Because i got denial can i apille it in front of immigration judge and have 20 witnesses come to testify including MD, PhD, Us Marshal, USCIS officer etc.? What are chances on apeal with i290B?

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Omg I am so sorry to hear that. Now I'm freaking out...

Don't freak out. It's case by case! You will be fine trust me.

It's just me I have BAD luck VERY BAD luck! Can't wait for 6 feet under!

Macbook please don't despair. Maybe you can still appeal or re-file. We are all hear for you.

Thanks but now i have to wait to see what going on. I sent over 700 page documentation. I dont know how i got denied!

Congratulation to everybody who got approval!

Today I got denial email. After waiting almost two years I got DENAIL. now I'm waiting for letter to see why.

For those filing Vawa based in mental abuse here is my advice find a PSYCHOLOGIST to give you a psychological evaluation. It's important to participate in the meetings that most of shelters provide with a counselor or social worker, but they can't perform a psychological evaluation and vawa Unit wants a psychological evaluation.

Many people email me saying they got RFE and USCIS are asking for psychological evaluation but their counselors or social workers gave them a letter, well the letter won't help at all, then if you were victim of mental abuse or even psychical abuse then find a psychologist ask her to performs tests such as BPI test (The burn depression inventory) BAI(The burn anxiety inventory)and to give you a "multi-axial assessment" ok.

Before submitting form I-360 attend at least 5/6 sessions of therapy and please keep going at least for a few more months after submiting your Vawa case. Last week one person contacted me because she got an RFE asking her to submit proof that she is still in treatment and for the psychologist describe her mental condition evolution until now.Well she stopped going to therapy as soon she sent the papers to USCIS.

What if i have pshycriatist and pshicologiest report?

I got extension of EAD. Also I wrote letters to both US Senators asking them for assistants regarding my I-360 application. Hopefully they will help me with that and VSC will adjucate my case soon. I will keep you guys updated! Thanks for all support try this VERY HARD TIME!

macbook they got your RFE answer 5 months ago. It's time to make some noise huh.

I send letter to my congressman but he did not respond to it. I did it almost two months ago.

I don't know what else to do.

THANK YOU GUYS FOR SUPPORT!!!

Hi guys it seems everyone got their green card the forum quiet.

Not all of us. Im waiting long time. In fra days it will be 2 years since i filed for VAWA. Last RFE they recived on 10/31/2012 and since then NOTHING acsept Prima Facie extentions and EAD extentions. Its driving me creazy. Even thinking of giving up everything!!!

Over the weekend I got letter from my attorney stating that he contacted VSC VAWA team and that they said that my fail is on shelf waiting on officer to look it over. (Just to remained you that if RFE that i respond it on 10/31/2012.) Also they didn't give any timeframe when my case will be worked on.

I send letter to my congressman but didn't hear from him yet (I send it last week).

What do you guys think, what will happened? In April will be two years of my initial filing