htfaust

On 11/4/2017 at 9:39 PM, Rp1 said:

Wow congrats on your approval. You got approve quick on your permit I'm happy. Yeah Vermont need too regroup they mess up alot on ppl cases and big time too. Did your 360 got approve yet? Usally it takes 6 -12 months for it to be approve so you're waiting on 485 interview or card soon?

 

Thanks for the update as well. Thanks for the hope honestly I'm looking forward to this week and that I see an update they need too just approve all petition and just mail my green cardthat will be awesome.

Thanks! I've been busy since I got a job! YAAAY! Things are finally turning for the better in here.

I'm still waiting on my I-360, my I-485 was concurrently filed.

I-360 receipt date 06/30/17. So I still have a long time.... The worst part about the process is the uncertainty, I'm always wondering if the evidence I submitted will be enough or not. But all I can do is wait.

Wow! That is a huge messup on USCIS' part. I'm glad to see they're at least fixing it now that you got congress involved.

I had to involve the Ombudsman's office on mine. They really lost my I-360 and I-485 receipt notices. They resent the I-360 one and now I have it. Also my EAD has been approved and I'm about to start work, so happy for this!

Keep strong, it will get better for you too!

I appreciate the update on your case

My RFE for the I-765 was for proof of true name.

Don't forget to include documentations of all name changes, regardless if you already have a USCIS document on your new name or not.

Update:

RFE for I-765 mailed. Hope it reaches me quickly. I wonder what they're asking for... it says "additional evidence", not "initial". Hmm...

Just now, Hopeful diva said:

Yes I definitely will explore that option. Thanks! 

You're welcome! I wish I could help you further... please let us know how your process is going 

Just now, Hopeful diva said:

Lucky you. 4 months is not bad! Did you file a fault or no fault divorce? I know I may not qualify for the waiver because I have a job and receive income 

Yeah, very lucky! I'm so happy, it's one of the few good news I had recently! All divorces in CA are no-fault. I'd advise you to do research on the fee waiver anyway - each state has it's own qualification criteria, at least take a look to evaluate your options

35 minutes ago, Hopeful diva said:

How long did it take for the whole process? And did it cost a lot to file for it? I want to file for divorce soon 

Divorces are a matter of state law, and within state, the time it takes to get it finalized varies depending on the workload at the specific courthouse that has jurisdiction over your suit and also on the complexity of your particular case.

I filed at the Los Angeles County Stanley Mosk Courthouse (California). It took me about 4 months to get it finalized, but the other party defaulted (failed to respond to the case), so it helped. There are many specifics that you need to research in order to know what to do, but it's doable. I was self-represented and was able to finish it. This is one of the rare occasions where not having EAD actually helps you: a lot of time to do research and attend lectures at the local self-help center.

Per CA law, my marriage won't be over until November, because there's a mandatory waiting period of 6 months counting from the date of service. But I'm extremely happy knowing it is now certain.

I got a fee waiver. Here in CA there's a form you use to request it, and with zero income it's certain to be granted. Since you're in MD, I can't give you specifics as I'm not an attorney and my experience is limited to my own case in CA. But rest assured it is possible! The key is methodical research and preparation. Check your local courthouse to see if they have a self-help center. In LA, they have workshops that teach you how the process works and also a lot of information on their website. It's a matter of putting time and effort. Also, the more involved you think the other party will be in the case, riskier it becomes to you, as you have to know all the maneuvers in a contested proceeding. I was lucky that he missed the deadline to file a response and I went to the courthouse the next morning, with my Request to Enter Default in hands. If the other party gets involved, it will be of tremendous help at least to get a few consultations with attorneys. NGOs offer legal assistance both to victims of domestic violence and self-represented parties who can't afford lawyers. Do some googling and see what is available around you. Never give up!

1 minute ago, iwillsurvive said:

There are fee waivers, check your local superior court's website for the information. I didn't have to pay anything but I filed before I had EAD, so it was easy to prove that I had no income. 

Yes! Very true! This is what I did, I got a fee waiver!

I'm so relieved!

Was just checking my divorce case in the case status system aaaand... judgment entered!

YAAAAY!

Feels great knowing that, even if my VAWA gets denied for whatever reason, I can pack and leave without being attached to him anymore.

1 hour ago, sandranj said:

You didn't ask my opinion but I will give my two cents. Do not get married to someone that you don't know at least  a couple of years. During Courtship people show the "best face". Look I handled over 6.000 Vawa cases and I saw everything that you can imagine. I saw pastors that battered their wives. I saw a bunch of cops and  military personnel that battered their wives. These people suppose to have a good moral character right? but time showed that they were abusers. I am not saying that your boyfriend will be an abuser, but you need time to know someone, and my experience proves that you don't know anything about a person after dating just a few months. I would say 70% of my cases the survivors got married 3/8months  after meeting each other.

THIS. A billion times this. Never making the same mistake again.

Yes, she should be okay to visit as long as she already has a tourist visa or is from a VWP country.

If she still has to apply for a B visa, the embassy is unlikely to issue her one while a visa with immigrant intent is pending. If she is eligible for an ESTA, she will be okay.

There are no guaranteed processing times. Also, as you are a permanent resident, visa availability isn't immediate and you'll have to wait about 2 years for the priority date to become current anyway.

8 hours ago, J2j said:

@sandranj Hello Sandra, just a quick question, I have my I-485 and I-131 cases pending. And my K-1 is expired. My friends invited me to go on a short vacation to Puerto Rico, I have consulted with USCIS and TSA, they both said it's okay. However, I wanna just double check with you to make sure so that I don't get in trouble. Thank you in advance. 

It's always okay to leave the country, the trouble arises when you try to get back in!! TSA and USCIS staff cannot give legal advice and won't accurately inform you of the consequences of leaving without AP while adjustment of status is pending. See this information on USCIS webpage: https://my.uscis.gov/helpcenter/article/can-i-travel-while-my-i-485-is-pending

If you leave without a valid AP, your I-485 will be deemed abandoned. Be very careful! I don't believe it's wise to risk your case by taking out of country vacations. Safest bet is to wait for the green card.

Also, without AP or a visa, you won't be allowed back in. You will even be denied boarding by the airline and will be stranded in Puerto Rico. Bad, bad advice by USCIS and TSA people.

Edit: I realize Puerto Rico is a US territory, but think about the risk of your plane being diverted into another country for whatever reason! If that happens, you'll be stuck.

3 minutes ago, Strongstaystrong said:

Thanks HTFAUST

You're welcome

14 hours ago, Strongstaystrong said:

My work Permit expires in January, but I do have a COMMERCIAL DRIVERS LICENSE wouldn't want it to expire. Can I reapply for it now? My case was filed in November and received my work Permit end of January and haven't heard anything from USCIS Since. I had a pending AOS with my ex, that's still pending.

You can apply for the renewal starting 180 days before the expiration date. Source: https://www.uscis.gov/greencard/employment-authorization-document

Does anyone know how long it takes Vermont Service Center to process a mailed in AR-11 change of address? Thank you!

11 hours ago, Maria&Derrick said:

I'm just curios, what sense in filing AOS before divorcing?

Isn't it one of condition sof getting a green card - staying married to petitioner through all of the processes? Even if I received the first, temporary GC, I still would have to stay married for another 2 years after getting first GC to get permanent GC (or 3, to get citizenship)?

If our marriage failed but we filed AOS anyway, why would they even consider it?

 

What my husband offered is that I go home but we do not divorce, and when he gets it together 2 or 3 years later, he'd apply for spouse visa for me.

 

I don't see much sense in any of that

If you do as he says, next thing that's gonna happen is that HE is going to file a divorce, you won't be able to appear in the case being stranded in another country, you'll default on it and he'll get whatever he asks in the petition. Be careful.

17 hours ago, Rp1 said:

Hi, Great 7/20/17 will be the start date to count your 90 days for those 2 forms. you will receive biometric soon . you will receive the other 2 in about 2 weeks and yes all fees are waived for 360 kind of filing and they will not ask for i864 support of affidavit either. my received date for 765 & 131 is 3/6 360 & 485 is 3/28. go to the website click case status and sign up for email updates add your case numbers when you get the other 2 add them and turn on email/text. every time a update on your case you will get email/text right away.

 

I still did not get my ead my grandma died a week ago and i went in to get travel permission they approve me for the 8days but when they checked in the system she came back and asked me if i ever applied before i said no and if Im a citizen i said no. I told Im a twin and she is USC since 2014 when she checked again they mixed us up all my mail came in my name but the gave me her A#. I couldnt go again because of the mix up. i mail everything for them to correct it on Wednesday they got it thurs. im waiting now on a notice i sent my sis info as well. we not even identical but our names is just 1 letter. its almost 5 mos no wonder my ead took so long they thought we were one if my grandma didnt passed I wont of know this

Thank you! You've been really helpful!

Sorry about the whole mess with the twin. It's difficult, but not impossible to clear it up. I believe this is a case in which a good immigration attorney could be valuable. Please do keep me updated and good luck

Talk to a good family lawyer attorney. Look into either changing the divorce into an annulment case for bigamy fraud, or if you can't amend the petition, dismiss the divorce case and file an annulment. Your marriage will be retroactively considered null and void and your spouse won't be entitled to any support or property from you. It would be as it never existed and your marital status, if you had never been married before, would be restored to "single" instead of "divorced". My two cents. With a granted annulment based on bigamy fraud, immigration could be way easier to tackle. There's a 5-year window, counting since she was first granted permanent residency, in which to file an immigration fraud claim before the statute of limitations expires, though.

14 hours ago, Coco8 said:

This is why it is better to do a spousal visa. A lot of US citizens sponsoring K1s end up being real pieces of work and they leave their significant other hanging. It is unacceptable! 

Yes! So much this! The K1 is really a worse deal. I was carried into it because I didn't want to be apart and the inicial visa processing time was shorter. Biggest mistake I ever did. I currently always recommend IR1/CR1 over K1 no matter what. The autonomy and liberty you have as soon as you cross the border is priceless. I'd be in a much better position now (almost a year after I got here) if I had gone that route. Hindsight is 20/20, but I hope someone will read this and be dissuaded from making the mistake I did. (My case involves abuse by the US citizen petitioner and I'm currently in the VAWA process).

Received I-765 and I-131 NOA1s on 07/20/2017. Took a while. Also it says "fee waived" on them. The post stamp date on both was 07/12. Still waiting to get the notices for the I-360 and I-485, but I believe they were also accepted since they would reject the I-765/I-131 otherwise.

10 hours ago, Rp1 said:

I spoke with an immigration upper class officer yesterday. he told me I should of already have my permit earlier this month and he looked deeper in the case the reason why mines took Long because my background check was sent for further analysis he said that came on 6/8/17 so I should of already get an update.

 

I pray in I'll see that next week

Good news hat they told you something! Yeah, those background checks can be lengthy.

I'm still waiting for the NOA1s, but they got the package 2 days ago, I don't expect it to take less than 2 weeks for them to send the receipt notice.

Just now, #Godgotthis said:

Hi everyone, I have a question. What is the process of finding out if your abuser had file for devorce or annulment? 

A divorce or annulment is a law suit. If the abuser filed for either, s/he will have to serve you with process, meaning a third party that isn't part of the suit will, in person, let you know you have been sued and give you a copy of what the plaintiff filed with the court.

If your address is unknown, the court may grant them the chance to post ads on a legal newspaper (service by publication) or on the courthouse's wall (service by posting).

The rules on service of process vary by jurisdiction, so make sure to check your local court's website for information on the topic. Also check the abuser's local court, if known, for the same information - since most likely they would file at the courthouse that serves their place of residency.

The K1 is good when things go according to plan: you marry and live together happily ever after, which is everyone's intention when marrying.

However, if anything falls off the wagon, the beneficiary is stuck in immigration limbo with few resources available.

The IR-1/CR-1 is a much safer visa IMHO. In my case, I regret doing the K-1.

I believe the beneficiary should be the one to pick. It depends on how much risk they feel comfortable taking in their immigration process.

Thanks! Your stats are very helpful!

I know about the 30 days time frame, but I was hoping this thread could be used to track how long they're currently taking, on average.

I can't find the National Benefits Center in the filing addresses for the I-212.

https://www.uscis.gov/forms/direct-filing-addresses-form-i-212-application-permission-reapply-admission-united-states-after-deportation-or-removal

Can you please verify you sent it to the correct location?

If not, they will either reroute to the correct one or return it to you.