iwillsurvive

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. 

28 minutes ago, blujewel said:

Hi everyone, I am a silent reader and i have learnt a lot from everyone here. So, for anyone that has filed for an EAD renewal based on pending i485 and is out of processing time, i would advise that you apply for a new renewal and attach your previous EAD extension letters to it. This is what i did and my card is ready for production almost after two weeks they received it. 

 

Filled Renewal March 1st 2018

Re-filed another renewal  Nov 19th 2018

Card in production today 

 

But i have a question though, my first EAD card was a combo card but i didnt  file 131 (travel permit) this time. Do you think i will get a combo card this time or not? 

 

Thanks!

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. 

8 minutes ago, aquila said:

11-26-18 contacted my congresswoman about my case through website here on this page.

11-27-18 response and privacy release of information form received from my congresswoman.

11-28-18 privacy release of information form and copies of receipts of 360 and 485 personally hand delivered to her office.

12-04-18 response from my congresswoman indicating that my case is pending security checks at USCIS.

 

Does anyone know an estimate how long that takes? 

 

Thanks.

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. 

37 minutes ago, Omega said:

I really pray thats what they're asking, if so I can quickly get it. #handscrossedpaitientlywaiting

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. 

9 minutes ago, Omega said:

Good Day All,

I'm feeling very devastated right now. After waiting for more than 16 Months silence without any notice at all (Filled Vawa July 25, 2017), I just now got a text for an update and I logged on to my status check and I saw ''REQUEST FOR ADDITIONAL EVIDENCE WAS MAILED''. This has been my prayer point not to receive RFE, I'm feeling so disappointed after so long wait, OH LORD WHY? I no longer have appetites, sleepless nights and been hoping and praying for God's mercy. #Crying.

My questions, please how long till I get this notice in my mail, will it be sent to me or my lawyer? I changed state address/lawyer, I'm confuse to where I'll receive it. Also what could they be requesting and how should I tackle it. Any similar experience ? please share to me,

 

I will never give up, Lord let your will be done. 

 

God bless all

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. 

2 hours ago, Military said:

@Tiffy88 I did attend the interview. I posted the details a few pages back Under Part 11. @gramercy quick question, how long after receiving the approval notice did you receive the GC? My approval notice came yesterday in the mail. Wondering how long before the actual GC will come. I know my timeline may vary, just wanted an idea based on recent patterns. 

I received mine a week later back in October. 

36 minutes ago, MGJ_NY said:

Hi Everyone! Anyone here waiting for their EAD renewal under c09? I filed mine on August 7,2018. My EAD has already been expired two months ago. I’ve been really praying to get it this month since I got a new job offer. 🙏

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/

3 hours ago, xoxox said:

Hi Everyone 

How long it takes to receive biometrics appointment after filing i765 ? 

Should start Calculate it from the date which USCIS received the case or receipt notice date ? Thanks .

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. 

12 minutes ago, NiceGuyXLE said:

Today i received notification for RFE, its been 3 months since they have my application, nervous about what they will ask...

 

When i will get the mail, i will share with you also

Initial RFE’s are typically for good moral character or good faith marriage or shared residence, more general documents that are still needed.

27 minutes ago, shayona said:

Hi @Hanna Bui and @Mnmnm

 

You guys have never filed for greencard (I-485) by your USC spouse before applying for VAWA ? I am wondering, on this VAWA thread everyone says if we file VAWA under C-31 category then EAD will only get issued after VAWA approval. If you have filed vawa under C-31 category then how can you have been issued EAD before vawa approval ? I am really wondering about it !!!

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. 

4 hours ago, ILvisajourney said:

I have got my AOS appointment notice today, my i-360 was approved last dec.

 

looks like field office send me a family based format appointment notice and checklist. not for vawa. because the notice said  need appear with petitioner, but am self-petitioner.

but i will be there myself only

 

sandranj,  I am not sure if you can help me answer this?

 

 I have divorced after I-360 approved,  but i can't find original marriage certificate. can I only bring  divorce judgement instead of marriage certificate,  does this the matter to my interview???

 

 

 

In the notice asked to Bring ORIGINAL and copies of 

 

ID

EAD card

Certified court dispositions

Travel Documents entered USA

birth certificate  for Beneficiary, petitioner and ALL children

marriage certificate

If applying for LPR based on marriage to USC or LPR, please priovide supporting evidence of bona fides such as:

  wedding or family photos

  proof of joint residence

  bank statements and credit card statement

  proof of medical, dental, life insurance

 

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. )

1 hour ago, Valerie899 said:

So far its been like almost 5 months I have applied for ead and nothing yet. I applied 07/09 and received an RFE 08/24 for name clarification, since my name was misspelled and they received it on 09/06 . I wish I could receive some news before I start school. School is soo expensive 😞

 

.

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/

1 hour ago, Hopemama said:

I called my probono this morning to ask her file i485,i765 c09. I need to go to work since I still have to supply for my son (with my abuser)

She said my 4th prima facie arrived to her office and will be expired April 8th2019, means 130-day prima facie (my 3rd one expire in Nov 25). Have you guys ever received some prima facie with that duration? I thought the prima facie varies from 60days, 90 days or 180 days only.

About my i485,i765 c9 she said she was consulted with her director and they both agree that iam not qualified for c9 category(?!?!) Because it's for refugee and asylum. 

She is my pro Bono and I didn't pay for her service, hence I understand that I shouldn't expect too much from her. And she was very benevolent to file i360 for me a year ago 

I just want to say thank you to @sandrja and everyone here. Thanks to you I know IAM not alone. Thanks to @sandranj because of her devotion to help us with heart and knowledge. God bless you all.

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. 

25 minutes ago, MimoMinkov said:

I have the same issue I have filed my case in September 2015 is there a way that someone can help me with the letter that I have to send to the VAWA Unit and if someone can help me with the letter like what should I write and what’s the mailing address to the VAWA unit in Vermont??  

 

If aomeone can please ease assist me I will be forever grateful 

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. 

2 minutes ago, nka said:

Hello All,

 

My Vawa I-360 filed dated August 31, 2016 is still pending. I only received the request to provide the police clearance back in October 2016 and have not received any update since then. My lawyer keep stating that there is a backlog with Vawa cases and that he just heard that somebody was called for an interview for a I-360 to the field office who filed a month before me (July 2016) with 2 weeks notice in advance. Is it really take this long? How rare is it to be called for an interview without filing I-485? Can the lawyer directly inquire and receive more information other than the case is pending? The only inquiries my lawyer made were with supervisor in the field office and was told to wait. We sent a letter to Vermont office requesting to provide an update 4 months ago but have not received any response back either. Thank you for any advice!

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. 

14 minutes ago, i-need-help-pls said:

Thanks@ilo, Can I fill another form by myself because my attorney is not around ready to listen  ? Can I fill it online or with pen ? Thanks 

 

Your attorney has to file unless you fire your attorney. 

You can ask your attorney for a copy of the I-765 form he sent to verify that he really applied under C09. 

28 minutes ago, Yollande said:

I have the same issue on here. I was issued rfe for GMC, which I sent. The received and updated on Nov 9th. Then I created an account on USCIS website, when I log in. It shows on the timeline that they issued on Nov 19th an rfe for additional evidence. But till today my lawyers haven't received any mail from them. At same time  it shows we received your rfe on the 9th and we will start working on it again when I checked just online with the recipe number. I'm so confused.😔. Till today no prima facie. Is been 19 months that I filled. 

1. If you want prima facie, you can simply have your attorney write a letter to VSC to request it. Your attorney could have done that a long time ago. 

2. Online updates are not reliable. Don’t be confused, it is likely that USCIS just put in something wrong. Only rely on the actual letters you receive from them. 

3. If they received your RFE response on 11/9, you should hear within 60 days but keep in mind that Thanksgiving and Christmas may delay things as officers might take some vacation time. 

36 minutes ago, staypositive said:

Hey guys. I have a question about the medical form. My I-360 card went into production on October 12th and the approval letter came October 30th for my VAWA. 

 

I need to get a new medical I-693 for the interview, does anyone know what the policy update of Nov 1st means? It says it needs to be signed 60 days before filing the underlying petition, but my I-485 has been with the local office while my VAWA was pending. Does that mean I shouldn’t do the medical until 60 days before the interview? 

I would honestly suggest to do the medical once you receive the update that your interview has been scheduled. I suggest you get all vaccines that you may still need from your primary care physician beforehand, so that your insurance covers it and then just go to the medical for the few tests that are necessary. If your local office takes a long time, you don’t want your medical to expire. 

If a VAWA petitioner remarries while the I-360 is still pending, the I-360 will get denied. 

If she remarried, her new husband can file I-130 for her if he is a US citizen or LPR but she will be looked at closely. She will start back at 0 in terms of her timeline. This will be a very lengthy process. 

8 hours ago, Charlotte18 said:

Hello everyone,

Hi @sandranj

Please can someone guide me what will I do if my husband’s lawyer write a letter to USCIS to deny my VAWA case? 

 

I filed a protection order against my husband but the Judge denied the order due lack of evidence. I only had written declaration from me and family regarding domestic violence. He has a lawyer to defend him. My husband’s lawyer knew that I am applying for VAWA.

 

Thank you so much.

The VAWA Unit will not take anything into consideration that isn’t sent by you. They are aware of the fact that when abusers learn about their spouses filing for VAWA that they will try to lie and defend themselves. Don’t worry, just block your ex’s number and social media and make sure he can’t contact you. You have nothing to worry about on his side. USCIS will not consider what he or his lawyer have to say. They don’t even have your A number or case number either. They just want to scare you, which is continued abuse. 

4 hours ago, Touna said:

Hello everyone, 

I filed I360 , on August 27,2018 , based on physical and psychological abuse from my wife, I recently checked the status of my application, and now shows that on November 21st, USCIS sent a RFE , my lawyer and I didn't receive anything yet , 

Let say after we receive the RFE , we submit everything needed , how long does it usually take to receive a decision ? 

Thank you.

Since you just filed in August of this year, this will be more like an initial RFE, processing times are still 16-20 months from your receipt date, so expect a decision end of 2019/beginning of 2020. 

1 minute ago, Par.Hast said:

Hello everyone, 

 

I have checked my money order status that I sent for my petition. 

Does anyone know what it means when the status is "Cashed on ....(date)".

One of my applications fee has been cashed but one of them has not been cashed yet. 

 

 

Just be patient. If it’s been more than 6 weeks, I would get worried and follow up but not before then. 

1 hour ago, Ilo said:

@sandra please I would like to know if  I must have an unexpired passport at the time of interview? I am asking because mine recently expired, someone also told me they went for marriage based interview with an expired passport, but valid state I'd card for identification purpose.

Thank you!

You need a valid form of identification, so if you have a valid driver’s license or state ID, this works too. Still bring your passport for travel history/entry stamps. 

2 hours ago, aquila said:

Hello everyone,

which of these offices is best to contact to inquire about the status of my case beyond normal processing times?

Ombudsman, Congressman or Both.

 

Thanks

 

Contact your congressman first. 

1 hour ago, Behuman said:

Hi, 

  I applied for vawa in Feb 2017 I got rfe in June 2018. They received my rfe in August 2018. According to USCIS timeline it's out of processing time. I sent a e request they said they replied to my request 2 weeks ago have not received anything nor did my lawyer. Can someone help me. I don't know should I contact senator or should I wait. How long does it take for them to reply. 

You received communication in June 2018. That means they reviewed your file within processing times. They should adjudicate your case within 60 days of receiving your additional evidence.