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About iwillsurvive

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  1. Cheating is not abuse, it is just a bad marriage. USCIS will not pay attention to the cheating, so don’t even mention it in your VAWA documents. To prove physical abuse, you need either a police report, restraining order or or hospital records of your injuries. To prove mental abuse, you need to have attended at least 5-7 therapy sessions with a domestic violenece counselor or with a licensed psychologist that has experience with domestic violence. The therapist needs to then write an in depth psychological evaluation about the abuse you suffered and about the diagnosis (has to be depression, anxiety and/or PTSD) and the treatment plan. One of the most important documents needs to be your own affidavit where you explain the courtship and then the abuse in detail. You also need witness statements from people that have witnessed the abuse or that you have told about the abuse. These need to be notarized for all persons in the US and translated into English by someone other than you if from your home country. You need to prove that you are married (marriage certificate). You need to prove that the marriage was entered in good faith. You need to prove that you resided together. You need to prove that your spouse is either a US citizen (passport/birth certificate) or LPR (copy of GC). You need to prove that you are a person of good moral character by submitting police clearance from all places you have lived in the past 3 years (each US state and each country). I suggest you move out immediately, go to friends or a domestic violence shelter and file for divorce. Do not stay with the abuser. Cut all ties immediately and file for a restraining order. Domestic violence shelters/agencies typically work with pro bono attorneys that can help you with restraining orders, divorce and VAWA.
  2. No you will not get a combo card if you did not file I-131. They wouldn’t just give you a free service that’s more work for them.
  3. I assume they mean the FBI background check. Unfortunately USCIS has no control over how long that takes. It is not in their hands when the background check will come back to them.
  4. This is most likely what it is. If I were you, I would already start requesting it to speed up the process. Worst case scenario if the RfE is not about police clearance from your home country, you wasted a few bucks.
  5. Take a deep breath, this could be something very simple. Many people receive RFE’s. It can get to you any time within 1 day to 1 week. Don’t worry, just have your attorney alert you right away so you can start working on the response. Your attorney receives all communication with USCIS if his/her address was put down as the mailing address. When you do a change of address, that changes the physical address only, mailing address stays the same.
  6. I-765 can take up to 5 months. You are currently within normal processing times. Applications filed before July 5th are considered outside normal processing times. You can check that date as it moves here: https://egov.uscis.gov/processing-times/
  7. There is no set timeline for biometrics but most of the time you will get the letter 1-2 months after you receive the receipt notices (notice date). You always count processing times from the receipt date (earlier date). I-360 currently takes 16-21 months. I-765 currently takes 2-5 months.
  8. Initial RFE’s are typically for good moral character or good faith marriage or shared residence, more general documents that are still needed.
  9. You don’t need to have a previously filed I-485 by your spouse. You can file a I-485 along with your I-360, which qualifies you to file I-765 under C09, meaning your EAD will get issued while waiting for VAWA approval. If you choose not to file I-485, then I-765 has to be filed under C31 and EAD gets issued upon VAWA approval. Some people choose not to file I-485 along with I-360 because when VAWA gets denied, you are immediately put in removal proceedings, which will not happen if you don’t have a pending I-485. So if some people don’t have a strong VAWA case, they might choose to do this. If you have a strong VAWA case, it is less of a risk to file I-485 at the same time and it will speed up the AOS process after VAWA approval.
  10. There is no such thing as a VAWA based interview. All I-485 interviews are the same and I believe all notices look the same too. Obviously you will appear by yourself or with an attorney, not with your ex-spouse. They want originals for all copies you have sent to them, including your birth certificate, marriage certificate and divorce certificate. If you can’t find the original marriage certificate, I would order one really fast. How did you submit a copy of it if you don’t have it? Also take all official notices that have ever been sent to you by USCIS. Take your passport and all previous ones with entry stamps or visas to the US. Prepare a sheet with all changes that have occurred since filing I-485 (I.e. all new addresses, work history, marital status, etc. )
  11. I-765 C09 takes 2-5 months currently and the website says you are outside of processing times if you filed before 02 July 2018. Since you filed on 09 July 2018, you should hear soon but you are still within the normal processing times. https://egov.uscis.gov/processing-times/
  12. If you have a pending I-485, you qualify to file I-765 under C9 since C9 means that you have a pending AOS. If you haven’t filed I-485 yet, tell her that you can file I-765 under C9 at the same time I-485 is filed.
  13. Same address you sent your petition to. You can just google it. https://www.uscis.gov/forms/direct-filing-addresses-form-i-360-immigrant-petition-amerasian-widower-or-special-immigrant 75 Lower Welden Street St. Albans, VT 05479-0001 All you do is write a letter inquiring about the status of your I-360 petition, referring to the current processing times. Also attach a copy of your receipt notice and all other communication you may have received regarding your I-360. Make sure to mention your A number and I-360 case number.
  14. Your case is WAY out of processing times. You can check here: https://egov.uscis.gov/processing-times/ I-360 takes 16-20.5 months. They are adjudicating July 2017 cases right now but are still working on cases up to March 27th, 2017. Your attorney clearly has no idea what he is talking about. You need to have him write a notarized letter to the VAWA Unit and you need to contact your congressman, senator and the USCIS ombudsman asap. Your case is about a year behind normal cases.
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