iwillsurvive

2 hours ago, Bryan12 said:

Thanks for the clarification.

 

can I file the i131 form anytime as my lawyer just file for i360,i485 and i765.

 

thanks 

Yes you can file and renew I-131 as long as you have a pending I-485. 

29 minutes ago, Bryan12 said:

Happy Sunday.

please I want to clarify if Advanced parole documents comes with EAD,are they combo or you have to apply for it separated .

 

Also I heard it comes with the EAD(is it the first EAD or the last EAD sent to people prior to approval of the i360.

Thanks 

Advanced Parole is form I-131, the Employment Authorization is form I-765. They are two separate applications with two separate processing times that you can look up on the USCIS website. If you send in both around the same time, most of the time the IO will work on them together and issue a combo card but not always. If it is not a combo card, your EAD will be a card and AP will be a document. 

When AP/EAD is issued depends on the processing times. If you file I-765 under category C31 (means your spouse is an LPR and/or you don’t have an I-485 pending), then you will not receive the EAD until after VAWA is adjudicated. If you file under category C9 (your spouse is a USC and you have a pending I-485), you will receive the EAD according to the processing times, which is 3-5 months typically. AP processing times are around the same. You count from the Receipt Date on your notice. 

8 minutes ago, Valerie899 said:

Thank u 😀

 I write all up lol my printer was low in ink whenever I printed out the papers. However, it's weird they misspelled it since my other notices I had my name and middle name correct. Lol they refer my names as "O's" in the end, like if I were a guy instead of a girl. It's really weird. I hope they don't misspell my name in the ead or any further documents I get. 😐 

Try to always fill out documents with the computer to avoid misunderstandings due to handwriting. 

The officers work on each applications separately and at separate times, so your handwriting on your I-765 could have been a little less clear. I assume you made copies of everything you sent. You can check whether ink got smeared to look like that.

5 minutes ago, Valerie899 said:

Hi everyone! Its been a while since I logged in. I have a question, if I got my i-765 notice with my name and middle name misspelled, should I write a letter to the Vermont service center about the error, or should I do it online in their website about topographic errors. I don't know which one would be better 

Since you are a VAWA filer, write a letter to Vermont. I am curious why they would misspell your name. Didn’t you fill in the petition with a computer?

5 minutes ago, Mnmnm said:

Thank you for a thorough reply 🤗

Of course!

my timeline after I-360 approval as an example:

18 May 2018: I-360 approved

31 May 2018: I-485 transferred to NBC

No official updates in my account since then but I did get an email that the last time they took action on my case was June 21st. I am not sure whether that just means that they looked over my forms or whether it already got transferred. 

I am on day 63 after VAWA approval and on day 50 after I-485 got transferred to NBC. 

1 minute ago, Mnmnm said:

Hi Guys 

hope y'all are doing great 

what is the next update after VAWA approval if anyone familiar with it?

 Thank you 🙏 

If you filed I-485 concurrently, the next step is that it will be transferred from VSC to NBC and then to your local office. USCIS is pretty bad about sending online updates about this, so you may get them or you may not. It can take about 2-3 months for your I-485 to be received by your local office after I-360 approval. The next update after that is your interview notice. The time line for this depends on your local office and you can look it up on the USCIS website. 

25 minutes ago, umarim said:

Hi everyone,

I have a question. I filled for Vawa on Feb. 2017 and received 3 prima facia. My attorney also filled for i 485 and i 765 as soon as USCIS received my Vawa documents. On June, 2017 I received my first EAD C09 and advanced parole (combo card) for a 1 year. I travelled with my Advance Parole Card 3 times to abroad with no problem. On Jan. 2018 I got an e mail from USCIS that was written " we received your correpondence ....." And 3 months later i got a new online update as a next step  "an officer will be assigned to review my case..." 

After those online updates nothings happened.( I have never received a RFE.) My EAD C09 expired on June 2018. I asked my attorney did he apply to an extension for my EAD C09. He didn't answer me. 10 days ago i got an e mail from USCIS and then checked my account. My last update is "My card was mailed to me".  Then finally my attorney called me to pick up my new card. I went to his office today to pick up my new EAD and ask for my case status. I saw that my new card  is in EAD C31 category. (but this time it is not valid for reentry to US. ??) My attorney only told me that it doesn't mean an approval, it is just what they selected as a EAD category. 

I am so confused. Can i get an EAD C31 unless i have a approved i 360?

Thank you so much for everyone.

Lately, USCIS has been sending out C31 EAD’s to everyone about two weeks before sending VAWA approval letters. Considering that you filed in Feb 2017, that’s most likely what happened. 

1 hour ago, JMercado said:

Hello everyone, I applied for VAWA on January and received prima facie letter. 

I am currently divorcing my husband and he won’t sign the papers with cruelty grounds. If my divorce is grated only based on unsupportability, would that affect my VAWA application? 

He keeps pressuring me to to avoid the cruelty grounds. He even fired his lawyer so that he can represent himself and ask me questions directly during trial. 

I don’t want to just sign the papers for unsupportable relation. What should I do? 

 

Please help, I’m very worried about my application. Thank you 

Your divorce and its reasoning will not influence your immigration petition. 

You need to block him, so he cannot speak to you outside of the court room. You can hire a pro bono lawyer so you don’t have to communicate with him. Do not let him continue to abuse and control you.

1 hour ago, MariFD said:

Hey everyone! Hope everyone is doing well.

So im collecting affidaviates from people who witnessed the abuse. 
My neighbor was one who witnessed the abuse and called the police.   She wants to help with writing a letter.
The problem is that she is undocumented and is scared to give out her name and address. Is it possible to do the letter without giving out an address and a complete name? 
 

USCIS will not look into her. She is safe to out her information on the witness affidavit. USCIS will not consider it without her info. 

1 minute ago, TexasVAWA said:

Licensed Professional Counselor, PhD, LPC. 

Do you think this title is able to do the counseling and evaluation. I was looking for someone in corpus christi area . I have not found anybody who is specialized in immigration counseling, therapy and evaluation in this area. The one I mentioned above said that she is familiar with Immigration matter. 

 

You need to go to someone who has experience with domestic violence counseling. 

19 minutes ago, Strife said:

What do you think are the new proposed changes to the VAWA 2018 re-authorization?

Also, many abusers assert their control on victims by refusing to file or withdrawing immigration papers and claiming it was a sham marriage and yet in reality it was not. Does USCIS accept information from abusers?

No, USCIS does not take what the abusers say into consideration for VAWA cases. 

35 minutes ago, Hope953 said:

Good morning everyone, I just got email that my Vawa Is in card production. I’m a March 10th 2017 filer.

Congratulations! Your approval letter will be in the mail soon!

8 minutes ago, TexasVAWA said:

1. Asking money for Drugs. eg, weed, coke and ice. My became heavily addicted to ice. 

2. Broke my tooth with beer bottle 

3. Damaged my car. 

4. Threaten me to call cops for no reason. 

5. Doesn't let me to talk to my family and friends. 

6. Talk bad about my family and friends. 

7. Wife's friends also threatened me because of not giving her money for drugs. 

8. My wife threatens me with  a small knife often that she keeps with her all the time. So,  It's really difficult for me to stay in a same place.

9. tries to distract me by threatening when I get busy with my research work. 

 

I have never reported that to cops to avoid the hassle. I have not collected any evidences. I even deleted most of the good pictures and erased lots of good conversation because of I became so upset with this.  I But now it has become really threatening after she hit my tooth with beer bottle. Now thinking about applying for VAWA.  

 

Are these valid reasons to file for VAWA ? Can anybody tell me how can I proceed for this? 

 

Yesa you have grounds for VAWA. I suggest you obtain proof of your spouse’s citizenship/LPR status before you leave and then go to a shelter and file for a restraining order. Block her on your phone and all social media. Then start therapy and start gathering everything you need for VAWA. Search for domestic violence agencies and pro bono lawyers if you can’t afford to pay for one. 

5 minutes ago, PEANUTBUTTER28 said:

Yea

 

I understand that. And they are comparing it to the police clearance from different country. The police clearance is the own format of the country where it is from that is why it is confusing. If im wrong with my understanding on his concern, i apologize..

What is happening is that the birth date USCIS received on the I-360 form and the birth date that was submitted through a US court search are not the same. Both are US documents. 

@Pinkrlion is thinking that the petitioner may have filled in their I-360 wrong (dd/mm/yyyy instead of mm/dd/yyyy).

1 minute ago, TexasVAWA said:

Thanks for the response iwillsurvive. But, How I will get the psychological evaluation ready by a week?  I can probably get my  other things ready by this time. 

I did not say within a week. You need to attend 5-7 therapy sessions and then get a psychological evaluation. You can attend two sessions a week to speed it up if you want to. But USCIS likes to see a duration of time in therapy.

1 minute ago, TexasVAWA said:

Thank you Sandranj for your prompt reply. So, I do not have my psychological evaluation evaluation and other evidences ready for the VAWA case. Can I do this things later after submitting the I-360 to the USCIS ?

I would not risk it. They just announced that they will start rejecting applications without giving an RFE first if they are incomplete as of September 11th. 

Make sure to get all documents needed within the next few weeks and then submit a complete petition. 

44 minutes ago, FeDaniela said:

Hello Guys God Bless you all!

New to this VAWA Forum this is my Entire Timeline :

(Married since 2011... 2 Childrens)

I130 Approve on 4/16/16 Married with LPR F2A Category (UNDER I245) 

AOS I485, I765, I131 File on 10/4/17 (i765 & I131 Approve on 12/1/17) will renew on August 2018.

i485 is still pending since 10/4/17 waiting for the interview NYC Office.... 

I360 (Vawa) File on 06/4/18  Receipt Received on 7/9/18 Prima Facie Received 7/13/18 (My Lawyer office) 

 

Questions:

What kind of benifits I can recevied with this Prima Facie ?

I know i have a long wait to go, like all you guys in this forum looking forward to go to school with my Prima Facie. 

Thank you for all your post, and timelines it gives me peace to know is a long wait time, and not to get desperate. 

You can apply for FAFSA, Medicaid and in some states food stamps and other benefits. Make sure not to get cash assistance since that counts against you for your I-485.

51 minutes ago, IGIT said:

Thank you so much. Yeah then I didn't get it and both my lawyer and her assistant seems to be clueless about it because I kept saying that I read it online (on this site) that it a document to be received separate from the initial receipt and they kept saying the initial receipt is the prima facie.

 

So can I write the letter to the VSC and send it myself? And do you know how long it would take to send me one?

 

Thank you

The first prima facie you receive is a blue piece of paper. The renewals will be a white sheet of paper. 

If you request anything without your attorney, your attorney legally has the right to drop you as a client, so I wouldn’t do anything behind your attorney’s back. You are the client and paying them, so if you want them to write a letter, they have to do it. 

8 hours ago, i-need-help-pls said:

1, I have police Clearance dated June 18,2018 " Can i still use it " ?

2, Each affidavit is notarize with their Driver Licence/Id Card infront of the letter and swear that the facts are true and accurate.

3, I have only one picture on our wedding day { myself, my wife, my uncle, my mother in-law } 

4, I wrote in my affidavit that her cheating  leads me emotionally tortured   and PSYCHOLOGIST Evaluation wrote that all her behavior caused me PTSD.   

DO I HAVE GOOD CASE TO  GET VAWA APPROVE ?

1. 18 June 2018 is only a few weeks ago. Of course you can use it. Make sure you have one for each state/country you have lived in since July 2015.

3. Your total of pictures should be higher than just one. One of the wedding is fine if you submit more pictures of you two together, especially with family members and friends. If you don’t have more pictures, you need to explain why in your affidavit. 

4. Leave out the cheating part. Cheating happens to many people and is awful and hurtful but is not extreme cruelty. Leave that part out. 

Being diagnosed with PTSD is grounds for VAWA but unless Sandra reads the psychological evaluation, nobody can say if it is good.

Nobody here can say if your case will get approved since we are not immigration lawyers (only Sandra is), so we cannot predict for anyone if they will get approved. The good thing is that they will send an RFE if they need more proof.

8 hours ago, IGIT said:

Good Night everyone,

 

I have been a follower on this site regarding this topic (VAWA) for a little bit over a year now reading all your helpful comments. So thankful for this, you guys don't know how many people are not actually registered or physically replying but are actively coming on to read the comments which have been so helpful. I decided to register today and because I have to actually actually ask my first question ever, thus this is my first post.

 

I stumbled upon a couple of people who sent in their VAWA and said that they were able to get FAFSA (I am a NY resident) here by using a prima facie, so I contacted my lawyer whom said that the prima facie has been given to me and is the receipt notice (Note I filed over a year ago), she said it is because of this I am deemed able to get my work authorization (which I have had and is actually soon due for renewal).

 

But I wanted to confirm with those who actually have the prima facie whether is the same thing as the receipt document you get showing they (USCIS) have received your I360 (VAWA application) or is it a separate document entirely they send stating prima facie on it? How does it look like?

 

If it indeed a separate document in itself, it would mean I have to write to them because I need to get financial aid to attend the upcoming fall semester. And if I do have the prima facie, am I eligible for FAFSA and NY TAP or just one of the other?

 

Your help to all my questions is sincerely appreciated in advance

 

~IGIT~ 

Prima Facie is a separate document you receive. It is usually good for 180 or 90 days depending on how far along you are in the process. If they initially issue it, they automatically send you renewals. You can have your attorney request it for you by sending the VSC a letter stating that you need it and they will send it.

2 hours ago, TexasVAWA said:

Helloo Guys, Hope you are doing good. I need an urgent help to file for vawa case. 

 

I applied for marriage based green card on March 2017. Then my case approved. And just got a letter saying that my application is on progress for interview. Now what's the process to turn that into i-360 under VAWA?

If your I-130 is approved and you have a pending I-485, you can file I-360 at any point. Once you receive the interview notice for your I-485, attend the interview and ask them to hold your I-485 in abeyance of your VAWA petition. They will put it on hold and automatically continue adjudicating it after your VAWA gets approved. 

45 minutes ago, ESM said:

Thank you for responding my next question is, if I360 sent in June and I decide to send I485 and I765 in September for example (waiting for RCMP check to come back before I file I485) will I still have to wait until they approve I360 before they issue EAD?

You can file I-485 and I-765 at any time. If you have a pending I-485 and filed I-765 under c9, you fall under processing times of c9, which is 3-5 months currently. 

1 hour ago, ESM said:

New here, great to have the ability to follow others journey.

 

Lawyer submitted I360 June 27, no receipt notice yet but based on some of the responses here that is not unusual.

 

Married to USC but did not file for work permit, can this be done at any time in the process?

If you only filed I-360, you can file I-765 under category c31, which means you will receive your work permit only after your VAWA gets approved.

If you filed I-360 and have a pending I-485 that you filed, you can file I-765 under category c9, which means you will get your work permit within 3-5 months and you may work while your I-360 petition is pending.

5 minutes ago, Strife said:

Hi Fellow VJ'ers,

I sent my EAD renewal category C09 to VSC last week. Post office reciept shows it has been received but online update has not been changed at all. When should I expect an online update? Or even biometric appointment?

Please advise.

It is normal for receipt notices to take around 4 weeks. Can be faster, can be a little slower. Just be patient. If your last biometrics are less than 15 months ago, they will most likely use your old biometrics. 

8 hours ago, i-need-help-pls said:

                                           Please i want to know if my documents are good enough to be approve for VAWA.

1, Psychology Evaluation

2, 8 individual counselling session

3, Letter of good moral character { letters from my former boss/Pastor and  letter from my family friend ;US Citizen}

4, My 9 pages affidavit declaration of the abuse

5, Four letters from witnesses in US , she slapped me in their presence on different occasion , and  letter from my younger brother in United Arab emirate,he explained what i told him about the abuse from my wife

6,  Three police report paper " i went to report after we separated"

7, Her Gun picture, My wife picture with marijuana smoke because she  use to lock me inside when she smoke and marijuana smoke make me dizzy, after smoking she always ask  for sex by force. 

8, Marriage Certificate, Wedding pictures, Both Birth Certificate, House Lease and school kids pick up paper shows our names.

9, Her pictures with another man calling him husband and the letter her former boyfriend wrote to her  "when i was with her, i asked her about the pictures and letter, she turns everything to violence and call me names because she cheated on me"

10, Copy of fake check she deposited into our joint bank account before the account was closed "  when i asked her about the check deposited with her mobile number she slapped me and  told me that i am weakling. DO I HAVE ENOUGH EVIDENCE FOR VAWA  OR WHAT DOCUMENTS DO I NEED MORE ? 

 

1. If you don’t have an attorney, you can send Sandra your psychological evaluation so she can tell you if it’s good or not.

3. Only submitting letter for good moral character is not enough. You will be guaranteed to get an RFE. You need to submit police clearance from all places you lived in for the last 3 years (since July 2015). 

7. Only pictures of her without you in them will not be looked at because they could have been taken anywhere. Pictures submitted to prove abuse either have to show physical abuse marks on your body or her in the picture forcing you to do something or harming you.

9. This is unnecessary. Cheating has nothing to do with VAWA.

10. Explain well in your affidavit how she financially abused you. Only submitting the image of the fake check will not help.

in general, make sure you explain the instances of abuse in chronological order. Don’t mention her cheating on you unless you directly tie it to an abusive moment. Cheating is considered an unpleasant marriage but not extreme cruelty. Explain well how the physical abuse happened. Make sure the dates you mention in your affidavit are the same as witness statements and police reports (for example: if your affidavit says she hit you in January 2017, don’t have a witness statement that says December and the police report says February). This is very important.