10 hours ago, God is a good God said:

This is the situation that happened in my case, went with the abuser at the interview. She intentionally took a driver's license with her friend's address one month before the interview and hide that from me. We went at the interview and she told the officer that she forgot her driver's license but she confessed we were living together. Interview November 2018. Things got bad between us as she was threatening me to make me deported by any means, plus other abuses financial as she confiscated my debits and credits cards and was using my salary as she wants, verbale abuses , physical abuses.... and i divorced her July 2019. Filed i360 October 2019. But i thought like you i360 will replace i130 but unfortunately, uscis made a decision on i130 2 years after interview February 2021 that they investigated and found out my ex wife took a driver's license with another address and she failed to revealed her new address at the interview and USCIS put fraud 204c on my i130 last February 2021 while i360 was already pending. She accomplished her mission to screw me up. Now i don't know what the i360 décision will be like and uscis may use that 204c she intentionally did to deny my case. I'm praying i received a RFE or NOID for me to provide proof that we were Still living together at our address eventhough she took a driver's license with another address a month before the interview. And after interview, she wrote to uscis not to withdraw the case, but talk things to mess up my case to accomplish what she was threatening me... I'm hoping on God only when it comes to my case, i went through severe depression and PTSD.... because of her

God will make a way for you. I pray all goes well and hope you get a chance to explain everything to uscis. Thanks for the info. We'll no one knows what mine will say if he is called for an interview but God sees it all and I hope those incharge can see his lies. I hope and pray We all come out as winners.

53 minutes ago, balo101 said:

you can not withdrew form i-130 if you are a beneficiary. However, you do not need to worry about it. Even uscis process i-130, it will not move forward since your petitioner is not going to file any other paper work such as i-485. 

At this point your only focus is i-360. Once that approves you then file i-485. 

@balo101 thanks for your explanation. I appreciate it.

35 minutes ago, FeDaniela said:

I-360 does not replace I-130 (people used this term replaces) but what happens is once your I-360 Vawa USCIS transfer the priority date of the Form I-130 to the Form I-360, and uses form I-360 instead of form I-130 to prove a qualified relationship, good faith marriage, plus abuse claim evidence, Meaning you will not depend on I-130 filed by an abusive spouse to gain an immigration benefits. Do not worry Once you file I-360 this will be your Base to AOS, In my case my I-130it still show Approved is irrelevant once I-360 is filed. 

@FeDaniela thanks for the explanation. I appreciate.

34 minutes ago, balo101 said:

no, 

people are called for interview for AOS which is form i-485. 

since you already filled VAWA, approval of i-130 is not gonna give you any advantage. 

Thanks for the explanation.  My concern is that I saw there was some form of action on the i-130 see the attached screenshot. All this while I had thought it should be replaced with my i- 360 even my abuser didn't withdraw it. I asked the question inorder to know what happens to i- 130 filled without i- 485 when someone files i- 360. Will uscis cancel it or will they process both. I wonder why my abuser never withdrew it. I dont know his motives but I have a feeling he plans something. Do you think its possible for me to request the uscis to withdraw it when I am not the Petitioner?. 

33 minutes ago, balo101 said:

Did you have your interview yet? Based on pending i-130.

There are few things can happen.

1. Your spouse can withdraw that petition.

2. If you haven't had interview yet and your spouse hasn't withdrawn then uscis will schedule an interview.

If they scheduled an interview based on i-130/i-485 then you can go to interview by yourself and ask the officer to hold the i485.

 

 

Thanks for taking your time to reply. I appreciate. He only filed i-130 alone.

After the abuse I filed i-360.

Can he be called for interview for just i-130 alone?

Hi everyone,

Does anyone have an idea what happens to form I-130?. When someone applies I-360?. If the 130 petition doesn't withdraw the petition then what Happens to the form 130?. I am still married to LPR and he has not withdrawn the 130. Will uscis approve both or convert it to 360?. 

Anyone with an idea of what happens kindly let me know.

Hello Vawa Family.

I received a status change as attached below. 

I have not received the notice of intend because the address I used for mailing abroad was changed recently and I had not updated it before they send the notice. I send a document to uscius asking for them to update my address and send me the notice again. 

Anyone who has ever received a similar Status?. This sounds like a Noid?. Can it be something else. If it is Noid?. Anyone knows approximately how long one has to respond?. My fear is that my case gets denied before I get to respond if the notice doesn't arrive on time. Anyone with advice what I can do. 

I also checked the status of the 130 which was also changed a few days after the I 360. I dont know why my ex never cancelled it. Can it be approved when I have a 1 360 Ongoing?. Shouldn't uscius cancel it by Now?. 

I have send a online request that I didnt receive the notice. Is there anything else I should Do?

37 minutes ago, Villanelle said:

@natalysmile is a current user doing VAWA from overseas. She is not fluent in English though and uses translator apps to read/post here so if you do attempt to connect with her please use simple language that can be translated easily- no slang  . There have been others who have successfully done VAWA from overseas but I can not think of any off the top of my head. I'm sure Sandra has posted before that the VAWA process from overseas is not only possible but is routinely approved. The 360 is adjudicated by Vermont. So just like the 485 interview the interview at the Embassy is a formality. They are not determining if you were abused or not or qualify for VAWA, that would have already been decided by VSC. They are simply doing the same as they would in the AOS interview- determining that you are eligible for the visa/GC (medical inadmissibility, criminal, etc). You can read through the guides at the top for a basic overview of the overseas process taking into account you are not using the 130 but instead the 360. travel.state.gov also has information about the NVC process and what you can expect. Your case will go to NVC after VSC approves the 360. The main issues people tend to have with NVC is being able to pay the fees using a US based account and sometimes getting stuck at NVC due to their system directing you to upload the 864 (which VAWA doesnt need) or instead asking for the 864W still which doesnt exist anymore.  NVC can be a difficult agency to communicate with. Hopefully you dont run into any issues dealing with them in the future but if you do there are plenty of knowledgeable people on VJ that can help you with that- just not on this thread. 

Thanks alot for the information.  I really appreciate it. And thanks for the positive info that there has been people who have successfully gone through this process from abroad.

1 hour ago, balo101 said:

Thanks for the response. i learned something new. I did not know USCIS sends prima facia outside of USA. 

did you file i-485? if not how would you file once your Vawa gets approved? did you leave the country with the AP or without AP?

 

sorry i am asking too many questions. i am thinking to move as well therefore i am seeking information how it would work once you are out of USA. 

I didnt file for I-485. In my own understanding, after my vawa is approved it will be send to NVC and I will be  notified when visa is available and thereafter will have to go through a consular process to get a greencard. Therefore I won't have to adjust status like those inside the USA have to do. I left USA before I applied my vawa and I didn't file i-485 therefore the Ap doesn't apply in my case. I never overstayed any visa as well. I left by choice.

I haven't found any similar story similar of anyone who have succeeded with this before yet. Doesn't mean there isn't anyone though. I have faith and hope that all will go well but I wouldn't advice you to leave. Its better to wait out there. You don't want to abandone your I-485 if you don't have AP.  Maybe it's better to use AP to travel and return but don't leave because you Don't know the outcome of this. I have the prima facie but its useless because I can't use it outside the USA. But it's good to have it because it shows that my case is heading to the right direction but I also know that having one doesn't definitely mean that my case will be approved.  But I am hopeful. 

8 hours ago, balo101 said:

i am just wondering how the process works when you are outside of the USA.

Once your VAWA will get approved how you would attend your interview for i-485 or it will be conducted in your home country? 

i am just curious. did you send your VAWA application outside of USA? 

Well the violation happened in the USA and was reported to the police. I had all the proof needed and I did the therapist evaluation in US. I got an initial rfe for good moral character and good faith marriage which I send. After I received primafacie lasting for a year. I recently got my second one. The vawa package was send from outside USA. And I receive the prima facie outside the US.

I have a pending form 130. My ex has not yet withdrawn it. When vawa is approved I guess I will take it from there.. Am keeping the faith that I shall overcome. God's will shall be done.

7 minutes ago, Rosa Garcia said:

Did you send any correspondence? I also received this message this month but I have never sent anything to them.

I filed mine in September 2019. Received rfe after I filed which I replied to in December 2019. After that I received primafacie lasting for a year. In January I received my second prima facie.  I guess we are pretty near. I am applying from outside USA though. Its interesting to see how things will go. Which app do you use?

20 hours ago, Villanelle said:

Once the 360 is approved VSC sends it to NBC. NBC then does a quick review that all the documents are there (including background check) and the case is ready to be scheduled for an interview before sending it to the local office. Once it gets to the local office you will be placed in line for an interview slot to open. The background check can take a long time for some people. They check your name as it is spelled and any variations of your name. Depending on the countries involved and how easily they can obtain records and if you have a common name or unfortunately share a name with a known criminal it can take some time for them to complete it. There is nothing anyone can do to speed up the background check. You just have to wait for it to be completed. 

 

You mentioned having a C31 and a C09 EAD. You only need 1 EAD. If the C09 EAD was still valid then they may decide to not issue a renewal C31 as you have a valid EAD in C09 category. 

 

Wow so does background check means they match someone's names with the criminal records of the whole world or is it just the countries one has declared they have lived for more than 6 months?. 

9 hours ago, LA213 said:

Hi Sandra

 

 I read that the Vawa can be applied outside of the US do you know how long it takes for the initial approval Of the I360 if you do it outside of the country?

 

ty!

Hello,

I applied mine from Europe. Send my application in early sep 2019. I received an initiial evidence RFE which i responded in dec 2019 and after that I got a prima facie for one year in January 2020. 15 months plus half  since I send the application.  Hopefully I hear from them soon. There is also someone in this forum who applied from Russia. There is hope. If I hear anything from my case whether positive or negative I will update here. In hope this encourages domestic violence women/men who qualify for Vawa but are not in USA can apply. Some are not so lucky to stay or get to know about vawa when they have returned due to unavoidable circumstances.  I would encourage anyone from abroad who qualifies for vawa to apply. What do you have to lose?. By applying you stand a great chance to get positive results. If you Don't, you will never know. If you can't qualify for vawa check U visa to see if you qualify for that. 

2 hours ago, Stillwinning!!!😊 said:

Hey y'all..so yesterday was basically New card being produced. Today the update is case was approved. I just want to encourage everyone to keep holding on..it will happen. Most people here knows how long I waited..it ended in PRAISE!🙏 please do not give up! Remember God is the impossibility specialist!😊

 

Case Was Approved

On March 3, 2020, we approved your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSC1XXXXXXXXX. We sent you an approval notice. Please follow the instructions in the notice. If you do not receive your approval notice by March 18, 2020, please go to www.uscis.gov/e-request. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

Congrats dear. You deserve this win. Your good news have made my heart so full of joy. You have a big heart and are very positive. You help so many of us with your knowledge, positivity and kind words. All the best in your endeavors. Lots of Blessings your way.

1 hour ago, Ziongirl said:

Am looking forward to the Card was mailed. Am so happy for you. It feels like a burden was lifted from our back. @aquila and @Gogetter18 and everyone else looking forward to celebrate with you all. 

Congrats dear. You deserve this win. Your good news have made my heart so full of joy. You have a big heart and are very positive. You help so many of us with your knowledge, positivity and kind words. All the best in your endeavors. Lots of Blessings your way. 

12 minutes ago, HopeHope__ said:

I completely understand your thoughts about it. At that time I insisted with my attorney about it but she said that I wasn’t the person committing fraud or doing anything wrong. In the end his marriage was real. It wasn’t a fraud. She was a victim like I was. About see the red flags... omg you won’t believe how manipulative and smart he is. He is better than the best actor in Hollywood. When I meet him I was in need and he came as a savior. We planned to have a baby. I thought he was the man of my life. 

This things you are saying about his manipulation, you being in need and he was like a saviour I hope you explained that well in your affidavit. I think in your case maybe it helps to show you fell for him because you were in a vulnerable situation. But also dont over do it so that then your marriage seems like not a good faith one. Since you have already send the statement. I think your character is the only one at stake. Maybe you should compensate for that with having alot of affidavits for your character. Places you have worked. Volunteer. Church or mosque. Anything that paints your character well. Maybe that will compensate. 

Also during that time you met him you said your were in need and he was like your saviour.. depending on what you mean by in need... maybe you can have talks with a psychologist about that time. For example if someone is depressed or even cant afford food or even very lonely they are prone to not see the red flags or make bad choices. Should we judge them for their choices?. 

Anyway since you already have send the statement. Try to gather other stuff which might help in your case. Just incase it turns bad for you. Also since this decision you made to fall for him back then seems have affected you maybe therapy can help. Who knows those therapy notes might come in hand incase things turn sour. Just my thought.

Sometime things just work out. Lets pray all will go well and the person handling your case will ignore that or understand it differently. 

8 hours ago, HopeHope__ said:

I have an attorney and when I asked her if I should say about his marriage she encouraged me even more to say the truth and write every detail about my whole situation. When I wrote my affidavit I was very sick, scared , depressed and having panic attacks. I was shocked with his behavior. He became a monster and I was 100% sure he would destroy my life  and take my baby from me like he promised me. So my focus when I wrote my affidavit  was to say the truth no matter what. My police record is clear, my marriage was real, I was abused physical and mentally so why I would not qualify for vawa ? because he told me he was in a fake marriage? What I supposed to do? Now I know his marriage was real but before that what I supposed to do? Report him without any proofs? It’s really complicated. 

Well if you have an attorney and you told her your story and told you to go ahead and tell it all then you should relax or express your fears to her. I suppose she read what you wrote before sending it?. Talk to her again about your fear and she might know something we dont know. I think you are in good hands so dont worry much. 

6 hours ago, HopeHope__ said:

Hi dear friends ,

There is something  about my case that is making me feel really concerned. I dated my abuser for 8 months and got pregnant after that. During all this time he was married. On our first date he told me was married but his marriage was not real and he just got married 2 months prior our first date because he wanted to help his wife to get a green card. He told me they were living like roommates. I got really upset but I believe what he said. In the begging of the relationship he was very kind and gentle with me. He helped me financially a lot and was always with me. I really thought he had a good heart. We were dating I truly believed on him. We rented a place together after 6 months. He had his interview for green card with his ex wife when we’re dating and she got her temporary green card. Right after we found out I was pregnant he started his divorced proceedings. When our baby born we got married. In the the end I found out that his marriage was real. He was cheating her like he did with me. He has a pattern : his ex wife, his new lover and I are from the same country and city! I found out he would lie about everything in his life and when I confronted him he became very abusive. It’s was a completely nightmare. I suffered physical abuse but the mental abuse is worse. We are still married because he doesn’t want to get divorce and he is always using ou baby to manipulate me. He is a very wealth and powerful person and get divorce with a baby it’s very complicated. He lives in another state but he comes home almost every weekend. That is how he can keep his double life. Every time I try to get divorce he threatens me saying he will take our baby from me and nobody will believe on me because he give us a very high end life.All I want is to protect my baby.  
I wrote everything on my affidavit everything but I’m very concerned if they will believe on my story. What do you guys think? 

Please be careful how you tell uscius that he lied to you his marriage was not real and told you they lived like roommates. And you only dated him because you believed  him. I dont doubt that abusers can use all tactics they can to lure many women to their worlds but you have to be careful that uscius wont consinder you as supporting immigration fraud. I don't meant that's what you intended to do. I  know love is blind sometimes but this could make uscius question your character. Even If his relation turned to be real. The fact that you decided to date and marry someone who told you they were legally married to another for greencard can damage your reputation. Even though you though you say you fell for his honesty. All in all this can be used against you. Be careful and when telling your story make sure it doesnt sound as if you were in support of what you believed he was doing.

I dont judge you. I know love is blind but uscius might not think of it that way. I am in deep myself because I didnt see the red flags until it was too late. I lost my pregnancy and got injuries I have to live with all my life.  Your situation sounds abit scary. If I were you I would consult a lawyer so that you dont enter up giving information which might be used against you. I think whatever you went through  can be portrayed in a way which doesnt damage your reputation. But seek legal help. 

I am not familiar with USA laws so I might be wrong. I stand to be corrected. This message is send with positivity. Not to accuse you but to make you realise how this can be easily turned against you. We are a family here and I would hate to see someone suffer. All the best to you. Wish you well.

2 hours ago, balo101 said:

Thanks, i sent mine last month and received receipt number last week.

 

Would you mind tell me after receipt number how long did they take to send the RFE to you?

They received my rfe response 35 days ago according to case tracker update. And I received the primafacie today. I am vawa applicant from outside US. Therefore wont be having any use for the prima facie outside US. I do pray you receive yours soon. I have read here that some people dont receive and still get approved. Also having received one is not a guarantee that vawa will be approved. But it does feel nice and gives hope to receive one and especially for those who need the benefits. Goodluck to you.

30 minutes ago, balo101 said:

When did you send you case? 

Its 5 months now since I made the vawa application. I still have a long wait ahead.

Just to say that I received my prima facie determination today valid for a year after I responded to the initial rfe they send me for good faith marriage and good moral character. 

45 minutes ago, ponak98 said:

my lawyer initially said no need to rush as there is no deadline and CIS sends it to everyone. Couple months ago she said its rough times in immigration now and better to sit tight. again i have anxiety about this. I dont know maybe I should just respond myself. I paid lawyer and now she is just being slow on anything

No they dont send it to everyone. I have seen people here who have received prima facie directly without receiving the initial rfe.  If I were you i would be worried. Your lawyer doesnt seem to be working at your best interest. If you read what has been posted here recently by immigration attorney Sandra that uscis are not obligated to send rfe anymore. What happens if your lawyer ignore this and you get a denial without the chance for rfe. Think about it. If you can send it yourself. Or have a serious talk with your lawyer and ask him or her respond to it. Tell him to read the info Sandra posted here. Check that link. 

2 hours ago, ponak98 said:

have anyone receive initial request for evidence for prima facie (good moral character and good faith marriage) with NO deadline and did you reply to it? I got mine a year ago and still did not reply. Will clock stop ticking until after I provide a response? Again, it's not like an official RFE (Notice 797E and etc). Just a letter. Usually official RFEs are detailed and specify what exactly CIS needs. This letter is different.

I received the initial RFE for good moral character and good faith marriage inorder for them to determine prima facie. They didnt specify a deadline. I chose to reply and send more documents.

About two weeks after I send a response. The status changed to "...we received your response to our Request for Evidence for your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, Receipt Number...... USCIS has begun working on your case again. We will send you a decision or notify you if we need something from you....".

Before I responded to the initial rfe. My status read something like they will not work on my case until they receive a response to the RFE and the days from the time they send the rfe continued counting. After I send the rfe they updated my status to response to rfe received. I haven't received a prima facie yet. Hopefully I get one soon. It's still early to get worried. Its been less than month since they received my response.

If you can still respond to their initial rfe i suggest you do so. I dont think its wise to fail to respond to any letter from uscius. What if this prolongs your case processing?. Please work on it. Since they never gave a deadline I suggest you work on it.

On 12/30/2019 at 4:14 AM, HolaBola31 said:

Hi guys!

Hope everyone doing well and you had a great Christmas!

 

Im posting time to time one here and I have couple more questions again. Will be appreciated for your help🙏🏻

 

Im divorcing with my husband.

Such a thing I want to tell you🙄

So. To make long story short I will just say that he has a food well paid attorney.

Mine working with me for free. He doesn’t charge me.

But. He don’t want to fight for me. I don’t feel any protection and help.

Anyways.

We has one mediation with my husband. It didn’t finished in that way as my ex and his attorney would like to finish.

We will have one more January 6.

But they are threatened me. His attorney said that he will do it not pleasant for me. If I won’t collaborate😱

I told them that  I’m not afraid of them and just left.

 

But. Unfortunately my ex knows my weak bottom-money.

I have a child and I’m not making a lot.

So he is pushing on me telling that he will put all court  charges on me. And that I will be paying mediation as well. Even though he knows I can’t pay it.

He is threatening that he will withdraw affidavit of support and annual our marriage.

 

What can I do in this situation?

Can he do all this things?

 

1. Can I somehow get waived this charges?

2. Can he withdraw affidavit?

3. Can he easily cancel our marriage?

 

Thank you very much for your response!!!

Sorry to hear about your situation.

Inorder to annual a marriage your husband must prove that he or she has the grounds to do so and if it can be proven. Common grounds for annulment are for example. Fraud, Duress, threat, or force, Bigamy, Mental incapacity, Inability to consummate the marriage, underage marriage etc. You  can contest his grounds in court. He will have to prove his grounds. I think you should be worried about this only if you know or suspect he has something on you that he can use to prove any of the grounds for annulment. Consult your lawyer. 

Concerning the affidavit of support. If you already applied for vawa then I dont think you need it. This is because vawa applicants are exempted from affidavit of support. Anyway what makes  you think he wont withdraw it after you devor ce?. If he is threatening you to withdraw it now. He can also withdraw it afterwards when he has got what he needs. Not unless you need this for something else I dont think you will need it for vawa. And if you already applied for vawa you cannot be deported. You can wait for the vawa decision while in the USA. 

About mediation costs. It's all depends. In most cases you split that half. This can be also split according to how much each of you earns. I think you should ask your free lawyer how this works. He should be able to answer your questions clearly and point you to what's best for you. 

Before you give in into his threats and do something you might regret I think you should consult your lawyer or if you dont feel he or she is working to the best of your interest. Do find someone else to consult with. 

13 hours ago, Shroy123 said:

mine took 1 week. it will update soon

Thanks dear for giving me hope I appreciate. I just seen the status have changed to having received the evidence. Such a relief.