Par.Hast

Are Prima Facie duration different from one applicant to another?

If yes, what defines the expiration date?

and, do you still receive RFE after getting Prima Facie?

51 minutes ago, xoxox said:

For your case you could use the pervious 485 and renew your work permit without problems as long 485 pending or on hold but is too late Now because you already submitted new 485 so Definitely you can summited new 765 based on pending 485 The new one , I think now because you didn't send new 765 along with 485 in the same time , Maybe you need to pay the filing fee for c9  I am not sure  .. Some people here they have two 485 pending as my situation and they summited new 765 along with 485 .

Thank you for your time, sharing and answering all my concerns. 

1 hour ago, xoxox said:

Sorry .. What's the question Exactly ?

Did you file 765 with VAWA? 

and, If yes, did you choose "Renewal"? (Considering the fact that your EAD card was issued based on marriage 485 petition)

did you pay 765 fee for renewal?

53 minutes ago, xoxox said:

I Filed for 765 with the pervious 485 and then while 360 was pending  I Renewed c9 when expired first time but second time when I renewed never get it Don't know why  .. Later I got c31 .. When I Sent New 485 based on vawa approval , Also I submitted new 765 based on the new case .

Thank you!
I think I should fo the same. 

According to your post, if I'm not mistaking, you filed new 765 with your VAWA but you checked "Renewal"; (however, your EAD card was issued based on marriage 485 petition) Did you pay the fee for 765? 

5 minutes ago, escape said:

Yes, he can. I think mine was done without it. The 130 is the USC or LPR’s petition, not ours. He can do it anytime he wants. But if you are not with her/him, then it doesn’t really matter. Have you filed your 360?

 

Just read on previous threads how to put your current I-485 on hold, so you don’t get a NTA.That’s really important these days. 

Yes I have recently filed for 360 and I received my Notice of Action. 

I don't know how search on the thread; I really need to get some information on my 485, since I have two, one based on marriage and second is based on new filed 360!!! 

3 minutes ago, escape said:

@Par.Hast my abuser withdrew the 130, hence the denial of the old 485. I refilled the 485 in Aug 2017. 

I had filed my 360 in June 2017, before the withdrawal  of the 130. And all of this was prior to the new laws and NTA after denial. 

Can he withdraw my I-130 without the receipt number? Since USCIS rejected his financial support, someone else is my financial sponsor for marriage petition; does this affect his ability of withdrawing my i-130?

@xoxox Can you please share your Work permit story? when did you apply for 765? did you have 765 before applying for VAWA?

1 hour ago, escape said:

@Hanna Bui @xoxox I have the same deal, my old and denied 485 date as my priority date on Vawa approval. Abuser is USC. Maybe that’s normal for USCIS now. C31 card and approval notice have arrived. Let’s not worry about it, per Damara’s suggestion. 

Can I ask you why and/or how your 485 denied? and when did you file a new one?

2 minutes ago, xoxox said:

Maybe In your case Was Easier for you to use the pervious 485 based on marriage especially you filed vawa before you get the interview.. I guess your lawyer opinion that when you get the the divorce USCIS will find out and they wouldn't send you interview letter regarding marriage case and they will just denied your case .

Any way My advise to you the best way always to have lawyer for your case , and don't ask your spouse to withdrawal 130 or anything .. If you got the interview based on the marriage case just explain to the officer that you have 485 pending based on vawa and not issue NTA  as Sandra advised Us .

What I don't understand why your lawyer didn't file for you new 765 along with your 485 pending .. Definitely yes you can apply for new work permit under C9 without problems .

I don't think your spouse would be able to deport you because you are already filled for I 360 so USCIS wouldn't listen to what he is saying . that's my advise and opinion you always can double check with Someone Else too .

Thanks for your time and concern! 

5 minutes ago, xoxox said:

I would like to ask you . when USCIS received your new case based on vawa ? When you received biometric appointment ?

USCIS received my case on first week of November. 

Biometric appointment is next week. 

58 minutes ago, xoxox said:

Case Ready for schedule .. Ex husband Yes USA Citizen .. Do you have similar situation ?

This is my story;

I filed for I-360 and I-485 concurrently and I received my Notice of Action. 

I just recently received my Biometric appointment for both I-360 and I-485 (in one letter). 

My abusive husband was a U.S. citizen and we applied for my GC in January 2018 (my marriage based I-485 is "ready to be scheduled for interview" however I have filed for divorce and I don't live with him anymore). 

and I have EAD Card from marriage petition. 

My concern is about my work permit!

My lawyer refuses to apply for new I-765 based on my VAWA petition. 

She also refuses to renew my current EAD card, under my VAWA petition I-485. 

She believes that I am not eligible to apply for work permit, till my I-360 gets approved. 

I would appreciate your help; 

What is the correct action on my EAD Card? 

If I fire my lawyer, can I take care of my self-petition myself? or I have to have a lawyer?

ONE more question; 

can my abusive husband deport me or cancel my marriage petition?

14 minutes ago, Ilo said:

That's correct!

Does my new I-485 protects me in this case if he withdraw my petition?

11 minutes ago, Ilo said:

Wait and attend the interview. That way you have the opportunity to tell the officer not to put you in removal proceeding.

This situation may change if my ex-spouse withdraw my marriage petition; am I right? there won't be any interview then I guess.

4 minutes ago, Ilo said:

Like Sandra stated before, they will likely find out when you attend the interview based on the old i-485, you will have to let the officer know. 

When and how should I notify them?

Should I send them a letter now or I have to wait for the interview based on old I-485?

15 minutes ago, Ilo said:

You can apply for a new EAD based on your new i-485, your attorney should have asked uscis to put your old i-485 on hold instead of filling a new one, even if you renew based on the old i-485, if it is denied because you now  have two i-485, your EAD will be voided. So I advice you file a new EAD based on the new i-485.

But I received my Biometric for new I-485, and my old I-485 status is still "ready to be scheduled for interview". It has not been denied yet!

I was thinking to apply for renewal based on new I-485?

1 hour ago, xoxox said:

Thanks Sandra .. Okay I understand Now what you said ..  I am sorry , I just have last questions please .

1-On the approval notice for i 360 priority date they are using the date which i130 filed is that Normal ?  when I filled up the application for I 360 I type I 485 still pending (the pervious case from marriage ) .

2-Let say I get interview appointment based on pervious 485 could I ask the officer to AOS based on pervious 485 and I ask him to withdrawal the new case ? 

3-How long it takes to receive biometric appointment after filing the case should I counting from the date which they received the case or date of recipient notice ? Thanks again .

Can I ask you, what is the status of your old I-485? Was your ex-spouse a citizen?

9 hours ago, xoxox said:

Almost same situation . when I filed new 485 based on vawa approval only I got receipt notice it been almost 3 months now , but I didn't get any letter regarding biometric , Nothing .. After I filed New 485 I got letter from USCIS regarding my pervious 485 based on marriage (courtesy letter for I 693 exam ) they said is completed over year and need to get new i 693 if I Receive interview notice or RFE and they sent this letter to my attorney ( He never filed anything for the pervious 485 marriage case at all ) How they sent this letter to lawyer office that's i Don't know , plus we never ask USCIS to transfer or to do anything about pervious 485 .

My concern Now I never received any letter regarding my new 485 for biometric it been almost 3 Months Now.

I am wondering My next interview is going to be based on my pervious 485 which still pending or new 485 based on vawa approval ? If I get interview based on pervious 485 ( we are already divorced now)  I would be able to See officer or they will refuse and prevent me to meet with officer for the interview ?  I am try to ask @sandranj about this Matter but I didn't get answer .

According to your story, USCIS did not deny your old I-485, when they received your new I-485?

What is the status of your old I-485?

13 hours ago, Ilo said:

1. If you fire your lawyer, you can represent yourself if you want to, I couldn't afford a lawyer and the pro bono attorney I met told me it will take her 6months to put everything together, so I decided to do everything myself and by God's grace I was approved.

 

2. Yes he can cancel your marriage petition at any time but not your vawa, your spouse can not deport you, uscis will not listen to him.

 

3. If you have filled another i-485, then the one based on marriage will be denied and you are not eligible for ead based on that marriage petition. Your attorney is clearly not knowledgeable about vawa, you are eligible to file for ead since your spouse is a usc, but you must have a pending i-485 and choose c09.

Thank you for your reply! and congratulations on your approval. 
 By pending I-485, do you mean that if someone received the "Notice of Action" for I-485?

So I can apply for my EAD renewal based o nay new I-485, however my EAD is issued based on my old I-485?

18 minutes ago, Roms2017 said:

My i130 is still pending since 2016 i beleive IO forgot about it, also i got ead the renewed from that i130 and yes i filed new i485 with the 360

 

How did you renew your EAD Card? and can I ask you what is the status of your old and new I-485 status?

Just now, notme said:

FEBRUARY 21ST 2017

Congratulations! I guess your I-360 is approved

15 minutes ago, notme said:

what does new card is being produced mean? I only filled for i360, i didn't apply for EAD OR AOS

when did you file your I-360?

Hello everyone, 

I filed for I-360 and I-485 concurrently and I received my Notice of Action. 

I just recently received my Biometric appointment for both I-360 and I-485 (in one letter). 

My abusive husband was a U.S. citizen and we applied for my GC in January 2018 (my marriage based I-485 is "ready to be scheduled for interview" however I have filed for divorce and I don't live with him anymore). 

and I have EAD Card from marriage petition. 

My concern is about my work permit!

My lawyer refuses to apply for new I-765 based on my VAWA petition. 

She also refuses to renew my current EAD card, under my VAWA petition I-485. 

She believes that I am not eligible to apply for work permit, till my I-360 gets approved. 

I would appreciate your help; 

What is the correct action on my EAD Card? 

If I fire my lawyer, can I take care of my self-petition myself? or I have to have a lawyer?

ONE more question; 

can my abusive husband deport me or cancel my marriage petition? 

31 minutes ago, Gogetter18 said:

On your I360, you may have checked a box that asked if you wanted to apply for, or receive an EAD based on the I360, which was why you were sent biometric notices for both applications

Yes Under c(31)

7 minutes ago, Gogetter18 said:

I received biometrics for both of them as my initial I765 was filed under C31, then when they noticed the error, they immediately filed a new I765 under C09, and I went for yet another biometric appointment 🙂

 

I just applied for I-360 and I-485!!

Hello Everyone, 

I received biometric for both I-360 and I-485, is this normal?