iwillsurvive

18 hours ago, Ilo said:

bona-fide marriage and shared residence, they said the once I submitted was insufficient. For example they said the automobile insurance was not supported with prove that the account was maintained and paid for by both of us. 

I am trying to gather what I can to respond 

Here is a list of what I submitted with my I-360 concerning bonafide marriage and proof that we lived together. Hope this helps, especially if you don’t have a lot of bills under both of your names (I had none):

- Described courtship in detail in my affidavit

-Marriage certificate with apostille

-Submitted pictures together, pictures with us and his family, pictures with us and my family, pictures with us and friends, pictures from the wedding

- Letter from the couple we sublet a room from confirming that we lived together and the time frame

- My family members mentioning in their affidavit that they visited us in our place when they vacationed in the US and confirming validity of the marriage

- A letter from me explaining exactly why we had no bills or accounts in both of our names

- A copy of my DS-260 for my J1 visa stating the address we lived at as my place to stay

1 hour ago, digonyc said:

Hi everyone,

 

I had my case approved 3 months ago.  I went for a infopass last month, they said that in a month i would received my approval letter, and so far, i still  didnt get it. Anyone else experience the same problem?

 

Thank you

You can go to an InfoPass appointment or contact your senator. 

Did you change your address with them during the process? Verify at an InfoPass appointment that they actually changed it if you did. 

25 minutes ago, Ingodshands94 said:

Question..

 

My receipt notice says:

Received Date: May 15, 2017

Notice Date: May 24, 2017

Priority Date: Blank (I guess because my abuser is a US citizen) 

 

The system from the USCIS Login says:

 Receipt May 15, 2017

 

The other USCIS Login says:

Receipt May 24, 2017

 

WHICH ONE IS IT?????

 

Don’t rely on online updates or anything in an online account. USCIS is a mess when it comes to updating. You can use it as a guideline but only rely on paper notices you get from them. You count processing times from your Receipt Date on your notice (which is May 15, 2017). Add current processing times of 16.5 months to that and you have a good estimate of when you should receive your next correspondence. 

13 minutes ago, Double said:

Why do some people receive Prima Facie for 180 days? Mine is for one year. What gives?

There is even PF for 60 days. It is up to USCIS and seems pretty arbitrary and makes no sense. 

I learned not to question all the weird things they do haha

4 hours ago, Tony1912 said:

My i-360 was approved almost a month ago (according to online data)? But i still haven't received any approval letters. Did anyone has the same situation? is it normal?

I would wait a couple more weeks and then make an InfoPass appointment if you still haven’t received it. 

3 minutes ago, SUicidaL-3876 said:

Can you file i-360 and 1-765 alone without i-485?. 

 

@sandranj

Yes you can just file I-360 and I-765 has to be under category c31, meaning you will receive your EAD after VAWA approval. 

38 minutes ago, Kleenex12 said:

Hello @Sandra,please I need your help,I want to apply for work permit,my Vawa was approved last week and I need to apply for adjustment of status too how do I do it?am I applying through Vermont?thanks for reading!

If you have an approved I-360, you can apply for I-765 under category C31 or you can submit I-485 and I-765 at the same time and apply under category C09. You need to send it to Vermont. 

32 minutes ago, SUicidaL-3876 said:

Once in removal is that the end of the road. Can't you appeal or refile i-360 to buy more time?.

I suggest you read through this entire VAWA thread and also past ones. Lots of information in there. 

Sandra replied to a question like this on page 11 of this thread. She is giving a very good answer, so I suggest that you read it. She is an attorney, so she knows the law the best. 

16 minutes ago, SUicidaL-3876 said:

Ok..Just one more question. So  Can  someone who initially filed i-360  decide to file "i-485 and i-765" on a later date and be granted EAD?. or that would be considered too late.

@sandranj

 

Yes that is possible. You can file I-485 and I-765 at any time during the process. 

Just be aware that you will be put in removal proceedings if your I-360 gets denied and you have a pending I-485. 

Just now, SUicidaL-3876 said:

Is it possible to get EAD while waiting for a decision to be made on i-360?. 

 

Yes, but only if you have a pending I-485. Then you can submit I-765 under category C9 and you will receive the EAD a few months after submitting the I-765 form. 

If you did not submit form I-485, you have to wait until I-360 is approved to receive EAD (I-765 category C31).

2 hours ago, SssMay said:

Hi @sandranj I just filed a 4 pages evaluation on Jan 2018 because I didn’t have enough therapies at that time. Now I have participated in 10+ therapies. Can I send an new evaluation to USCIS even though I don’t receive any rfe for evaluation? 

Just be patient and see if USCIS sends an RFE. You never know. The evidence you submitted could very well be enough. It’s good that you are prepared and have a new evaluation but don’t send anything unless it is requested by USCIS. Maybe they just approve your case and don’t even send an RFE. You never know. Just be patient and continue therapy for yourself so you can heal. 

6 minutes ago, Ilo said:

Today I got update "request for additional evidence was mailed out" I am just curious thinking what should that be,  has anyone been asked of what they already submitted?  I have received 3 prima facie in total. 

My case was received April 25 2017

 

The most common RFE’s are good moral character, bonafide marriage or more proof of the abuse. 

They send the RFE letter pretty fast typically, so just wait a little and you will know more. 

2 minutes ago, staypositive said:

Hey guys, I have a question. Are threats of physical violence (in person and through messages) considered battery or psychological abuse?

Threats are verbal/mental abuse as a means to instill fear in someone or as a means to gain control over someone. 

If physical actions follow the threat, it is physical abuse. 

13 minutes ago, Jazminjuju1980 said:

@Damara I did not use an attorney, I had no money. I could not find one that did pro bono with experienced with VAWA. 

 

My Us Citizen son is going to be 21 in 9 months. 

 

I don't know if I should appeal the denial,  redo VAWA or just wait for my son to be 21 so he can petition for me. 

 

I feel so overwhelmed and my mental health is not doing so well. 

Look up domestic violence agencies or Catholic Charities in your state. They will help with pro bono legal work. 

21 minutes ago, FeDaniela said:

Is mandatory to have Psychologist Evaluation Report??  I submitted on my VAWA Case: Police Report, Restraining order from Family court, order of protection from Criminal court. My child social worker letter i took 8 section therapy with my child from Safe Horizon but is was more for my child. Should I started Therapy to get Psychologist Report as well???? just in case... thank you for your help @sandranj

It is recommended to submit a psychological evaluation when you file based on psychological/mental/emotional abuse. 

It is recommened to submit a police report or restraining order when filing based on physical abuse. 

47 minutes ago, Jazminjuju1980 said:

Hey everyone. I just signed up to the forum.

 I've been reading a lot of the past comments and I hope anyone can help me.....

I do not know what to do and I'm really SCARED.

I got married in 2014, my husband never submitted any immigration papers for me. Abuse happened, I separated from him and then found out about VAWA. 

 

I applied for VAWA/i360 and EAD and i485 all together in  January 2017. 

My VAWA got denied and now I'm in removal proceedings .... My EAD is not valid anymore and I have no money for lawyer. 

 

I have a son who was born in the USA and is 20 years old. Can he apply for me? and if he does will that cancel out or terminate my removal proceedings???

 

ANYONE please help. @sandranj @Damara @iwillsurvive

 

THANKS

What evidence did you submit along with your VAWA petition? 

You can appeal the decision for removal. I would look for a pro bono lawyer ASAP. You can go to a domestic violence organization and they almost always have pro bono lawyers working with them. I would highly recommend not to try this without an attorney.

Once removal proceedings are terminated, You have the option to file for VAWA again. This time make sure to submit sufficient evidence. This forum can help you with that.

In order to petition I-130 for a parent, the US citizen child must be at least 21. 

11 hours ago, MelTex30 said:

I understand what you’re saying but other people in this forum had the c9 and they received a c31 as well. So that’s why I’m confused. 

It is confusing because USCIS messes up a lot. Typically you should only receive the EAD under the category you apply for. However that isn’t always the case because USCIS might mess up and send another one. In that case, you can just make an InfoPass and hand in the wrong EAD that was sent. 

12 minutes ago, Romero_2000 said:

Feb 2017

No PF

RFE- 4/2018-Good Moral

7/2018- New Card

8/18 Approval.

You can check the I-485 timeline for your local office in the link below. 

There should be a range of months, use the first number. (I.E. if it says 9-16 months, the average time will be 9 months but some cases will take 16 months).

https://egov.uscis.gov/processing-times/

5 minutes ago, MelTex30 said:

What is a health benefit? Is it just plain insurance that you pay for monthly? Or is it something else? 

With Prima Facie, you are eligible to sign up for Medicaid (and other public benefits for low income).

https://www.medicaid.gov/

42 minutes ago, Aburi2018 said:

Hi guys,I have a question.I received a prima facie valid for 180days and it expires in September.It said on the prima facie that I was going to receive an automatic extension before it expires.

-Has anyone here received an automatic extension on prima facie and if so how long before the current one expired.

-Also,is it a bad idea if I go ahead and request for one even tho it said it was going to be extended automatically?I really need it to keep my financial aid going.Thanks

I received a total of 4 Prima Facie letters, all were automatically sent to me. I never asked for an extension. However, they all came to me a little bit later than the expiration date of the previous one. I never used them, so I didn’t care but if you need them, I would recommend to request a renewal ahead of time. 

40 minutes ago, Cindygodisgood1 said:

This is confusing mine got approved may 25th but I still have no update on my online i485 😕 do yall think it got transferred already ? 

They are pretty bad about online updates. No need to worry if you don’t see an update in your account. As long as you are still within normal processing times, there is nothing to worry about. 

If your I-360 got approved in May, your I-485 is most certainly transferred already and probably also already at your local office. Just keep watching the processing times and be patient. 

3 minutes ago, Sheenane said:

They still on November 2016.can I file for the  work authorization permit? 

No they are adjudicating March-May 2017 right now. 

November 2016 is officially the date that if you filed before then, you can submit a service request. You can use the first number in the range to calculate processing times. Don’t look at the date. That’s just for when you can submit a request. 

Yes you can file I-765 usinf category c31 if you only submitted I-360. You will receive your work permit once your VAWA is apprved. 

46 minutes ago, Sheenane said:

How long the I360 takes to get approved? Plse

https://egov.uscis.gov/processing-times/

You can use this website to check on processing times. Select I-360 and Vermont Service Center for VAWA processing times. They update the website once a month.

1 hour ago, MariFD said:

@iwillsurvive I'm sorry its just that immigration laws are soo complicated.. So basically if I get Deffered action it just protects me from deportation. EAD will only be given when VAWA is approved OR if I have a pending i485 (cat c9) ? 

 

Immigration law is very complicated indeed. 

Deferred action means you will not get deported until a decision is made on you adjusting status. When USCIS approves an I-360, Deferred Action is granted to the petitioner.

I-765 is the form you fill in to receive your Employment Authorization Document. This form is not dependent on the deferred action document. 

If you filed I-360, you may file I-765 and check category C31, which means you will receive your EAD once your VAWA is approved. 

If you have a pending I-485, you may file I-765 under category C09, which means you will get your EAD 3-5 months after filing I-765.

24 minutes ago, MariFD said:

Hey @sandranj if you get deferred action does that allow you to get a work permit (EAD) ??

or do you still have to have a pending i485 ? 

 

Thanks! 

You may apply for I-765 under category c31, which means you will receive your EAD after I-360 approval. You don’t need a pending I-485 for this. 

If you have a pending I-485, you can apply under category c9, which will give you the EAD while your I-360 is still pending.