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onek reacted to Demise in VAWA, Part 20
Technically you can get a writ of mandamus suit going against USCIS if you're really outside normaly processing times, like 1+ year over what's the current norm, otherwise it would probably be dismissed.
3 years for approval is still pretty long, anyways right now I-485 processing time is like 12-18 months (which tends to count from the date of I-360 approval) so you're still within processing timeframe over there.
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onek reacted to Demise in VAWA, Part 20
Was your I-360 approved? If not this is highly unusual and you should get your congressman or senator on the case.
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onek reacted to Demise in VAWA, Part 20
That is true in some cases because I-360 is basically a "none of the above, pick 1" kind of application. The fee is $435, however the following are exempt: Amerasians, VAWA self-petitioners, SIJ applicants, Iraqi/Afghan translators. So if you were filing I-360 for an EB-4 religious worker then yes the fee would be $435.
A NOID is basically a more serious RFE. They're issued in two situations:
1. After first review of the application the officer doesn't think you meet the statutory requirements (you didn't prove you were married or free to marry, you didn't prove the abuser was a USC/LPR, etc) and probably others as well.
2. After an RFE, sometimes if you don't overcome whatever standard of evidence they want, they'll give you a second chance to submit more documents and give you a NOID or a second RFE.
What should you do if you get a NOID? Treat it like a more serious RFE, give them what they're asking for. Best case scenario you'll overcome the officer's doubts and cruise to an approval. Worst case scenario (you don't overcome their doubts or just completely ignore the NOID) the application will get denied.
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onek reacted to Demise in VAWA, Part 20
It's somewhat unlikely to end in removal proceedings after a visa petition denial (unless it's for criminal reasons). Voluntary departure can be granted by a judge during removal proceedings.
This is not a criminal matter, so you won't get sentenced or fined or anything of the like.
So what happens after a denial? You can always appeal or refile.
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onek reacted to Demise in VAWA, Part 20
Then yeah, getting an administrative closure is pretty much impossible. Sessions had to overrule the BIA and decide that IJs basically have no authority to grant admin closure. Only 4th Circuit disagreed (4th Cir covers WV, VA, NC, and SC).
With the pending I-360 it is very unlikely the judge would just terminate the proceedings.
So well, file with the special lockbox in Texas (rather than the VSC) and file I-485 with the court. The judge should then just grant you continuances until VSC rules on the I-360.
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onek reacted to Demise in VAWA, Part 20
You placate the judge and since you have a pending application for relief now you can't get ordered deported, that is the main benefit in your particular case.
Honestly considering the current processing backlogs at USCIS it might be faster to actually just have the judge approve the I-485 once the I-360 is finally approved.
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onek got a reaction from Alexwatts in I-130 December 2019 Filers
Yes, nothing to worry.
Good luck with the NVC stage. 🍀
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onek got a reaction from Kate121 in October 2019 Filers I-130 IR5
Glad to see that the immigration process is too fast for someone 😂
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onek got a reaction from Kuchiki in I-130 November 2019 Filers
You are right. Date change doesn’t mean much. Some people have no date change and they get approved. Others have many date changes, but they are still waiting.
Just be patient, stop checking your status all day, and you will be approved
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onek got a reaction from Dags in April 2020 i-130 filers
Congratulations 🎉🎈🎊
Two good news to celebrate
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onek reacted to gregcrs2 in K1 Expedite Request
If you have a lot of savings you can use, where is the financial hardship?
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onek reacted to SalishSea in Instant marriage after divorce.
Pakistani males with lots of red flags in their marriages to American women often face long periods of AP, regardless of whether they have kids together.....
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onek reacted to SusieQQQ in Instant marriage after divorce.
? Surely she also has an interest in making this work out, why would she not want to? You met her online so she is clearly comfortable with using the internet and forums.
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onek reacted to Cathi in Instant marriage after divorce.
Are you Muslim? According to Islam, women are not allowed to remarry within 3 months of a divorce, it does not matter what religion your wife is. The consulate knows that, they consulate will question it and there will be an issue. Consulate officers are very well versed in customs and religion in the countries they are assigned to. I know a few couples who ran into this same situation and they were made to divorce and remarry AFTER the 3 month waiting period. When you were married the Imam would have asked how long she was divorced for, so I'm thinking if you are Muslim you were asked and you lied.
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onek reacted to JFH in Instant marriage after divorce.
That’s too bad that she can’t find an hour or two to get some advice here on the biggest decision of her life.
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onek reacted to JFH in Instant marriage after divorce.
A baby proves nothing more than fertility. It appears you knew each other 8 months before you got married. You married a non-Muslim divorced woman on welfare with children from the previous marriage. After meeting once. And you are from a high-fraud country.
It’s not us you have to convince that the marriage is real. It’s the CO who is trained to spot holes and inconsistencies in stories.
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onek reacted to Mollie09 in Instant marriage after divorce.
Your case has some significant red flags, and even if it didn't, males from Pakistan have historically received a lot of scrutiny - months to years of Administrative Processing. Add an age difference, a quick marriage, different religions, different cultures, meeting online, previous marriage and children, being on welfare, few in-person meetings, potentially marrying in secret during your first meeting... more red flags than a Communist parade.
Again, baby is irrelevant, just means you had sex. Congrats.
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onek reacted to Crazy Cat in Instant marriage after divorce.
Agree. This case appears to have quite a number of red flags........and we know how many of those cases in Pakistan end up.......costing a lot of money and years to resolve.
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onek reacted to Carpe Vinum in Instant marriage after divorce.
Not really but it is getting clearer....
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onek got a reaction from Dordor1 in VAWA, Part 20
Everyone will soon receive such great news.
Good luck with your VAWA and annulment nightmare that you are going through now 🍀. This time will pass soon and you will see a lot of happinesses
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onek got a reaction from AnDenW in November 2019 Filer of I-130 for parent
That’s a great news on your cases. Congratulations 🎊🎉