miloy001

11 minutes ago, Ilo said:

I was going to say same thing as Ms Sandra, divorce decree must not state abuse, it's not the  interpretation of what is written here.

I did not say "divorce decree must state abuse". This is my previous post:

For VAWA purpose, you do not have to include DV in the decree, and the lawyer/judge may not want to include DV description in the divorce decree. However, if you file VAWA I-360 after divorce, the divorce must be related to the DV or abuse. In Oregon, Judge will grant the divorce if the victim of the DV wants to divorce, by the state law.

If you have a restraining order that is a good evidence for abuse.

If one file VAWA I-360 after divorce, one better demonstrates that there is a connection between the divorce and abuse, based on the USCIS's Q&A.

38 minutes ago, sandranj said:

It's  obvious  that the termination  of the marriage should  be because  the person suffered  abuse. People cannot file Vawa just because they  are incompatible .

 

It doesn't  mean the divorce  decree must  state abuse. You misunderstood  the  text. When reading  the Uscis website  you must  interpret what they posted  following  of what it states the VAWA  Law as well. Vawa Law does not require  divorce  based on abuse, after  or before filing  Vawa petition.

 I respect to you and your posts. You helped many victims. I just want to point out in the USCIS's Q&A, it clearly said:

Your marriage to your abusive spouse was terminated within the 2 years prior to filing of the petition, and there is a connection between the termination of the marriage and the battery or extreme cruelty. 

Which others can read and it is under:

Q. Do I Have to Remain Married to My Abusive Spouse Until my Form I-360 is Approved?

https://www.uscis.gov/humanitarian/battered-spouse-children-parents/questions-and-answers-battered-spouses-children-and-parents-under-violence-against-women-act-vawa

2 hours ago, sandranj said:

YOU said if the  person files  Vawa after  the  divorce, the divorce must be related to domestic  violence, your  information is not correct.  There is no mention in the Vawa  Law about grounds  for divorce to have VAWA approved. 

I read the following USCIS' Question and Answere, which clearly says that (my previous post was based on this Q&A):

https://www.uscis.gov/humanitarian/battered-spouse-children-parents/questions-and-answers-battered-spouses-children-and-parents-under-violence-against-women-act-vawa

Your marriage to your abusive spouse was terminated within the 2 years prior to filing of the petition, and there is a connection between the termination of the marriage and the battery or extreme cruelty. 

1 hour ago, Godblessme said:

I need some advice regarding the divorce. If any of you went through the divorce process, did you indicate the domestic violence or abuse that your spouse has done to you in the divorce documents? 

For VAWA purpose, you do not have to include DV in the decree, and the lawyer/judge may not want to include DV description in the divorce decree. However, if you file VAWA I-360 after divorce, the divorce must be related to the DV or abuse. In Oregon, Judge will grant the divorce if the victim of the DV wants to divorce, by the state law.

If you have a restraining order that is a good evidence for abuse.

1 hour ago, Cameron.xyz said:

I got biometrics notice today.... does any body here know when I am done with the biometrics when is it the work authorization going to arrive?

Look at the biometrics notice, it may say for AOS + EAD, or just for AOS. For I-360 petitioners, some even get EAD before the biometrics appointment.

14 minutes ago, another_anxious_2 said:

Does anyone know how long does it take from the time you file VAWA based AOS until the interview date at the field office?

It may depend on the field office processing timeline. However, people in this forum reported from 3 - 9 months from transferring to NBC to interview. As I understand NBC will process background check, which may vary from case to case.

30 minutes ago, melissa.w said:

 i do have receipt number and i'm checking it every day... nothing changed..  next 2 days post offices are closed, and I just want to know when does uscis send certified letter? I googled and they say it isn't a good news. 

Can it be something from your attorney? Good luck!

12 minutes ago, melissa.w said:

yes it's certified, they left in post office and i checked on the site. Is that very bad news?  

• Features:

  Certified Mail^™

   

 

You should have a receipt number, such as VSC17???????? that you can check yourself (if the status has been updated):

https://egov.uscis.gov/casestatus/landing.do

13 minutes ago, melissa.w said:

hi, does certified letter from uscis mean deny? 

Are you sure it is certified letter, not priority letter from USCIS?

Many received certified letters with denied notice but not always. Why not check your online status?

1 hour ago, Peppermint said:

if abuser is LPR, does it have any influence on case? Can it cause delay?

There are no differences as long as the adjudication of VAWA I-360. The I-360 filing date(receipt date) or your previous I-130 priority date if any is your priority date. You can only file I-485 or start visa processing once the priority date is current (there is a visa for you).

3 hours ago, MsVi2 said:

My case was updated today, they issued the first request for evidence.  At this point, after 14 months what could the RFE be about? 

 

I included my affadavit, police reports including one arrest for dv, protective order, affadavit from my in laws and sibling and their spouse, police clearance from last city I lived in which they said was also a state clearance, banks account, pictures, birth certificates of children, ect ect.  I covered all that was requested and my anxiety is through the roof right now trying to think what they could possibly be asking me.  Obviously I won't know until the mail arrives at the place helping me. Maybe this is payback for having a senator bug them daily. 

 

Also, if they are doing an RFE, will they renew my Prima Facie? 

They will renew your Prima Facie if your I-360 is pending, regardless of RFEs.

RFEs could be bona fide marriage, abuse proof or good character. Just wait for the RFE to arrive and submit as much as possible, primary evidence, affidavits, etc, for that RFE, including material your have submitted previously.

The contents of evidence/documents/affidavits are important. For example, if bank statements with lots of transactions are much better than ones that have just a few transaction and very low balance. Good luck!

23 minutes ago, Butterbee01 said:

I am so sorry everyone,  I meant i131 not i130. Lol

For I-765:

Form I-765

Copy of I-485 receipt notice
Two passport-style photos
Copy of passport, biometrics page, or other ID

Form I-912 if applying for fee waiver (no fee is required if you paid full fee for I-485)

Read I-131 instruction for supporting document. You may also need this one:

Form I-131 Supplement, Part 7

APPLICATION FOR TRAVEL DOCUMENT I-131 for:

<Name>

CO-FILING I-131 with I-485, Adjustment of Status Application

Date Entered the US: XX/XX/XXXX

Date Married: XX

Date Filed for Adjustment of Status: CO-FILING I-131 with I-485, Adjustment of Status Application

I have not at any time accrued 180 continuous days of unlawful presence within the United States.

 Description of Travel:

I plan to visit relatives in XX, XX during the 2018 XX vacation for about 30 days.

________________________________________________________________________
PRINT NAME                        Signature                                                          Date

2 minutes ago, Butterbee01 said:

 

@ Miloy001,  I am very sorry to confuse u. I did ask a question back about me filing my i765 myself this time with c9 not c31. I do have pending i360 and it something.  Lol

I-765 C9 is based on a pending I-485.

2 minutes ago, Butterbee01 said:

Yes, why do u ask......

Because this is VAWA I-360...  Not I-130 and I-765 should go with I-485 or I-360. One cannot file I-130 with I-765, unless you have other qualification.

1 hour ago, vawaprotectant said:

bonafide marriage. So they still haven't reviewed the RFE evidence I sent? My question is, is it good they put it in security check status, would they do that if they had intent to deny?

All I-360 petitioners should go through background check, perhaps yours is closer to a final decision. VSC will usually send a notice (NOID) if they intend to deny. Good luck!

5 minutes ago, Butterbee01 said:

Hello Friends,  I am submitting my forms soon, form i130 and i765. Pls what do I add to the forms especially i130. Thank you

Form I-130 and I-765, are you sure this is the right forum?

22 minutes ago, vawaprotectant said:

My case has been pending for over a year and its past the normal processing time. I contacted my congressman and USCIS informed them my case is pending awaiting security checks. Does anybody have an idea what this means and what these are? Also, I had 1 RFE that I submitted.

It is the background check. Once complete, your file will be assigned to an adjudicator for a final decision.  The background check processing time is case by case. What is your RFE about?

27 minutes ago, Elba Rodriguez said:

Good morning Everyone!

 

I filed my vawa case on May 2017 and I'm on second Prima Facie now. My case included 2 restraining orders ( 1 in family court and 1 in criminal court), Police report (were physical injuries were stated), Therapist Report, Letter from the shelter I stayed and pictures of our wedding and many other things that prove the domestic abuse, good faith marriage and other requirements. I feel that with all of this evidence I have a strong case, in God I trust that this will be enough for USCIS. However, I'm a little concern with the processing times. According to the USCIS web site on October 31st 2017 they were reviewing cases from September 12, 2016. WHY ARE THEY TAKING SO LONG??? Before, this was a process that took about 9 months. I check the website almost every day. I'm getting desperate. Are any of you in the same situation? Can you guys share with me how was your process and if you cases got approved or not?  Also, I see many people saying they filed for work permits along with form I-360. My lawyer said this wasn't possible. Any thoughts and comments will be appreciated.

 

Thank youuuu!!

A few cases filed in middle of 2016 are still pending. You may want to contact your congressman for case assistance, which may tell you what causes the delay.

For EAD, if you have a pending I-485 you can file to get it. Otherwise, you may still file I-765 under C31 but will only be approved after I-360 being approved.

11 minutes ago, Blackangel said:

Guys I need an advice: 

I did my medical exam for my coming up interview, and I just found out in December that I’m pregnant. 

The question is: at the TB X-ray they stated that I did the X-ray, and than they wrote that I’m pregnant. 

My concern is, If the Immigration officers ask me why I’m pregnant now, and why not when I was married to my abusive husband. 

 

That should be fine. It is your privacy and decision.

27 minutes ago, MsVi2 said:

My senator heard back from the Congressional Liaison. 

 

"Your constituents form I-360 is pending with an officer.  Your constituent should receive a notice or decision shortly on that petition." 

 

Now I'm a bundle of nerves and my anxiety is making me doubtful. What if it's denied, what if I get RFEs, ect, ect.  

It usually takes another 30-45 days for a final decision to be reached when you first get this message.  Good luck!

When the lady that I helped got this message, it took exactly another 30 days for her VAWA I-360 status changed to "Case Approved", as expected since she did not have any RFEs.

34 minutes ago, Ziongirl said:

Thanks for your quick response, I filed but I never included my police report, so far it's been 8 months, so when I read here I went to the police station and they told me they do not understand what that is, so I never got one so should expect an rfe for the same, and how do I go about it? Thanks, 

Check the following document to see if help. There should be a way to get a local or state police check letter, maybe different in each states.

https://www.ilrc.org/sites/default/files/documents/document_gathering_for_self-petitioning_under_the_violence_against_women_act.pdf

55 minutes ago, ahmad- said:

Any one else waiting for a EAD.... my EAD was approved I even got the letter but it was never mailed... all it says since nov 8th is that its just being produced... its over 60 days now... my attorney did contact USCIS and he was told that it is a normal delay. Any one else or any one you know is experiencing the same? Please help...thanks. I am a Vawa applicant since April 2017.

 

 

EAD is sent 3-10 days after a card is produced, at least not more than a month. You should ask your attorney to figure out the issue. Good luck!

1 hour ago, Ziongirl said:

How long does it take after initial review for one to see an rfe or a response?

There are two major rounds of RFEs: the first one is about 2-4 weeks after the VAWA I-360 petition is received, which checks for missing original local police clearance and some primary documents; the second RFE occurs a few weeks after VSC starts adjudicating the petition. If bona fide marriage, abuse or good character are not satisfied but fixable, VSC will then issue RFEs. A few cases may get third or even forth RFEs. Some cases won't have any RFEs and I think, a true vawa case should not have RFEs, otherwise it is not properly filed initially.

The processing time is case by case. Most cases can expect a final decision by the published processing time plus 2-4 months' adjudication time. By reading the posts, we see some cases take much longer. Good luck to you guys!

7 minutes ago, hopeny said:

Hi everyone! I filled in Feb, 2017. Uscis received my case 2/21/2017. Yesterday i received a case status information e mail from uscis. They mentioned “your case status: initial review.” After i received this mail, i checked my profile on uscis website and saw that the last updated date was changed as 1/8/2018. Obviously i don’t know what that means. 

Most VAWA cases will receive a "initial review" email notice. It is just "initial review", as it says and you should not worry about it. The good thing is your case is not being forgotten. Good luck!

26 minutes ago, pep123 said:

4 RFEs in total was sent to me by the uscis 

USCIS responded to my attorney that they would send an answer on 3rd Jan 2018.

It doesn’t look like my attorney was submitting everything at once Because the last RFE asked for ‘ALL evidence’ again.  Things that I submitted long time ago. My attorney sent me an email stating that “All evidence was needed again “ and I was like, how though? If I submitted everything? She just said she believed USCIS might have lost my documents and she had to resend all of them. 

Now there’s a new online update saying That VCS received all RFE and theyll look at my case again.  

 

And my case is areal VaWA case without a doubt. I’m just worried why its taking so long? Does this mean it will get denied.  Do I schedule INFOpass? 

Understood. Just wait unless USCIS asks for others. It looks like your attorney has responded to all RFEs and perhaps you will receive a final decision soon. InfoPass won't be any helps for your VAWA I-360 decision. They will only give your same status as that on USCIS website. Good luck!