Hritik Rohail

22 hours ago, Precious100 said:

@Hritik Rohail, thank u dear. I tried contacting his office but they were not helpful. The guy that picked my call. Maybe I'll try again. Or do you know another senator's office in Dallas that can be of help ?  

As far as I know, he is the best. Try to explain your position in writing and if they don't respond, call them. 

9 hours ago, Precious100 said:

Hello  Vjf...does anyone live in Texas, Dallas precisely. I need to contact my congressman but the office has been moved and its in the suburbs, since they moved their office line is not going through again . The other senator in the city, staff are never helpful. They always say uscis has a large volume of work, that's always been their response. They don't want to help .  Pls which other senator can I contact ? 

 

Thank you guys, your input will be very uch appreciated..

Senator John Coryn  is the best and his staff very helpful.

5 hours ago, Zzz___1 said:

I did mention it, didn’t attach any proofs, but I will now.

just wondering if someone has ever been able to prove something without that type of evidence. I mean, all those explanations make total sense, but immigration officers might not think that.

no withdrawals, got paid in cash for bartending (legally hired, paid my taxes) and used to give him cash money for all the expenses, as that is the way he wanted it.

"Marriage Fraud" and to provide insufficient evidence to establish Bona fide marriage stand on different footings. Almost every other applicant in this form got RFE, but the way you are taking  it is wrong. Write a good and anew self affidavit starting with courtship and other peculiar events of your relationship. Write in detail why you cant produce the evidence they asking for?

Note:  My ex owned the home and I provided them with the proof and they accepted. so be positive and start writing now that you ve to win this case.

Family, I need help: My interview was scheduled in Jan, 2021 but was cancelled. Again USCIS scheduled interview for March, 2021 but  my attorney got notice that it been rescheduled for April. The latest interview notice says that I just need to bring  just Medical Exam., moreover it says i've to appear in front of an officer they named. this appears to be strange as to why they named The Interviewer Officer. I' m scared to death. Please share your experience and thoughts. Thanks

On 3/12/2021 at 8:05 AM, Aadi135 said:

I thought to get more directions here on my RFE. Please help. 

 

This is my 2nd RFE in 8 months. Please help me out I am really stressed. apart from my statement to respond to this RFE, i do not have supporting documents, i a, not sure if that will lessen my chances of approval. 

 

Timeline: 360: May 2020, RFE, in May 2020, Good Moral, responded in June 2020.

485/765/131: November 2020, No Bio

I attached RFE photos with this post

RFE: Lived with Abuser and Good faith

 

My auto insurance has different address than where me and my wife lived together. USCIS asked why is that

 

My cousin helped buying me car and insurance, he was living in Illinois that. Car registration and policy has Illinois address. I added her on my insurance but address is not as of California. I forgot to remove her from my policy after i moved out, I then removed her in next 6month policy, As i am renewing my policy for every 6 months.

 

My checking bank statement do not have much transactions so USCIS is asking why is that when i was living with her.  She was in complete financial control, he was working when we were together and i was looking for job. So she was using her personal bank account and not our in common and as i was not going out much there are not many transactions on our common account. What to do?

 

She used my documents and tried adding herself on my account, i received letter after i left her, USCIS i asking why letter stating i am trying to add her on my account after she left me. Thing is it wasnt me, it was her, i even called police but they said as i am still married to her, i can not filed identity theft case. I did not had report so did not said anything in my statement. 

 

What to provide for residence together? I already sent them joint account, but it dosent have much transactions, I sent my friends letter, she did not added me on any of her account and we were paying rent in cash, landlord is her friend and not ready to help. Recently got divorce and divorce paper has her same address we lived together, i am not sure if i should sent that or not.

 

 It is asking for photos, but my wife deleted all my photos, i barely managed to get few selfies that i sent to my friends back to send it with my application. I really do not have more photo to send them. I am not a kind of guy who like to take photos, She broke my phone before i left so unfortunately i do not have anymore photos of us. 

Please help me, Is this RFE something really serious? My friends who filed through Attorney have not received such detailed RFE. Going through attorney makes a difference?

 

I do not have much documents to support now, no one is ready to write statement of witness for me now. 

Write a detailed self affidavit in Hindi and then translate it. Start with  detailed Courtship and give  unique details of incidents peculiar to every relationship.Write down what you have and give details explanation what you don't have.

1 hour ago, justmarriedusciti said:

What is it technically mean to "hold I-485"? Does the USCIS officer understand that we are trying to say that we need it converted from existing I-130 to I-360 VAWA now? It doesn't mean that I-485 processing is to be stopped, right?

The process to detach and attach I-485 form to petition I-360 is called INTERFILING and is well recognized.

4 hours ago, Aadi135 said:

 

If you don't ve any attorney, besides AR-11 write a covering letter to update your residential address.  For info pass they 'll call you within a week or two- get ready for a call !

7 hours ago, Varna said:

my I-485 is not denied, it is surely linked to my I-360 because I have personally seen the form having even the receipt number and details of pending I-485

Unless you get EAD C09, you can't be sure about I-485 denial or pending.

1 hour ago, Jennifer90 said:

Hello all,

 

My VAWA seem approved due to I received a C31 .But I have not received the approval notice .

 

I am going to sublimit I 485 and I 765 , where is address should I send the package while pending to receive the approval notice ,

 

Thank you!

 

 

Always to Vermont Service center.

1 minute ago, TexasVAWA said:

Thank you for your response . Yea that's the only thing  I can see as my hope . But it would be really better if I have any option to reopen with any valid ground against the denial notice . Otherwise have to go for the route that you said . 

See the process gonna be much faster after tomorrow confirmation of new DHS secretary by US senate. So hope for the best, man it is delayed not denied !

1 hour ago, TexasVAWA said:

Hi,

 

I just received the letter of my I-485 denial . I am sharing the screenshots orderly . Also attached the whole denial letter including all the pages in pdf as attachment . Please give me suggestion as I have to do do something sooner within 30 days . 

 

Note: The main issue is I have been in F1 visa til now. Never used EAD card from I-485 or vawa . I have been using  EAD for F1 too. Also I traveled with my f1 visa . I was actually scared to be in unlawful status . 

 

I really don't know what to do . It has been giving me anxiety since I received the notification . I couldn't even sleep properly since then . Please help me what should I do in this situation. 

 

 

 

 

 

  

 

combinepdf.pdf 1.13 MB · 2 downloads

I think by refiling I-485 as an approved I-360 petition  will solve your problem . It may delay the AOS but by no means you are debarred permanently.

Retain services of a good and knowledgable attorney too.

@Stillwinning!!!😊 and other knowledgeable family members I need help and advice as to the following:

Today I got notification that Uscis scheduled my interview. How long it ll take to receive the notice? It appears that my address wasn't updated by the USCIS as I didn't receive the previous cancellation notice for interview, so what should I do to get the lost notice as well as  to change/update my address?

Please I need your advice!

1 hour ago, sandranj said:

You mentioned  that on  August 3, 2018 they scheduled an interview for your Form I-485, Application to Register Permanent Residence or Adjust Status.Did you attend that interview? 

@sandranj I didn't attend the interview rather my attorney  filled request to interfile  I-485 to petition I-360.

@sandranj@Stillwinning!!!😊@Villanelle Today I got my case status updated and the I-485 case history is as under:

6 hours ago, Villanelle said:

You are most likely going to have to file a new 485. You can submit a fee waiver if you need to.  

 

You didnt list out all the dates but from what you have posted it seems in 2018 you had a joint AOS interview scheduled and you advised them to hold your 485 as you filed VAWA. They did. You then were able to renew your EAD because of such. The 485 can only be held if the 130 is still active. Imagine it like a tree branch at the top of a very tall tree. The branch is the 130, the leaf on the end is the 485. You are asking them to climb up on a ladder and remove the leaf from the 130 branch and attach it on to the 360 branch. They can do this- as long as both branches are still attached to the tree. Once the 130 branch is cut off (withdrew) the leaf dies and the branch falls to the floor, and they can not climb down and pluck it off and attach it back up top to a different branch.

 

It seems you were able to renew your EAD because either at the time you renewed the 130 was still active (so your 485 was too) or it was an error on their part. Kind of like they cut the 130 branch but as it fell it got caught in the brush and didnt quite hit the floor to be considered 'trash'. It will be though once they shake the tree and clean up. Thats what the wording of 'most likely' is based on. Perhaps they havent officially trashed it yet but it has to be trashed. They can not remove the leaf from the branch once its cut. 

 

The only way you do not need to file a new 485 is if the 360 was approved before the 130 was denied. 

 

If your 360 has been approved you should have gotten a c31 EAD. You can use that to work. The c31 EAD is work only- no travel auth. If you need travel auth you will want to file the 131 along with a new 485. You should not travel using the combo card you have (the one based on the previously filed 485) because even though the system says its valid it shouldnt be. They are going to figure that out at some point and if they do while you are outside of the US you wont be allowed back in.  

 

To avoid further delays you should submit a new 485 asap.

  @Villanelle   Thank you for you help and more than convincing reply.Yesterday my attorney sent me a email explaining that before the withdrawal of I-130 he filled paperwork/petition to INTERFILE I-485 with I-360.As per her version, the USCIS had to deny inter-filling petition, before denying I-485.  He further says that on the basis of inter-filling process, USCIS denied I- 130 but sent the file with pending I-485 to VSC. Today she filled case enquiry and she is 110 % sure my I-485 is still pending.

It won't be out of place to let you know that he didn't charge me a penny to file my Petition I-360 and  is in the practice for the last 22 years, and in such situation I cant argue with her.

But please you guide me is there any inter-filling process to attach AOS with other petition? and should I wait or file anew I-485  right now. Thanks

7 hours ago, Villanelle said:

Was the wording of 'most likely denied' in a letter sent by USCIS or the response from the congressman? I am assuming it was wording in the response given to you by the congressman because USCIS does not give official responses of 'most likely'- they would either say its denied or its pending. USCIS would never officially use the wording of 'most likely' when talking about whether something has been denied or not. 

 

If you are able to black out your personal info and post a picture of this letter you are referring to it would be helpful. If it is in fact part of the congressmans response to you then it means your congressman did a poor job of communicating with USCIS. You have to understand that USCIS has a very frustrating way of operating- they are unable to give legal advice, which means they can not and will not suggest things to you on what to do or how to do it. Its like dealing with an automated phone system. Have you ever gotten stuck in one of those? The robotic voice will say for help with something else please say 'help me with something else' so you say 'help with something else' and it responds 'I didnt understand that, please say help ME with something else'. If you dont ask the right questions you will not get the correct response back even if they know what you are trying to ask. 

 

So it seems whats going on here is poor communication between you- the congressman-and the USCIS liaison they reached out to. With out seeing the request your congressman sent or the response back I can only guess that you went to the congressman and asked for help inquiring on whats going on with your case overall at USCIS. The congressman asked for info on the 130/485 package you previously submitted and were told the 130 was denied. So the congressman relayed that you and seemingly added on their own that since the 130 was denied the 485 was also most likely denied. Again I would love to see the letter you are referring to because it would be very unusual for an official USCIS response to what is the status of my 485 be 'most likely denied'! 

 

Some other general information for you: Do you have the case number for the 485? Have you checked it online? What does it say? You also mentioned getting a renewal EAD recently. You can also check that the EAD is valid by using e-verify. If your EAD is c09 and is active then your 485 is also in an 'active' status.  It can be confusing when you have a pending 485 that you filed as part of a 130/485 AOS package with your previous spouse and switch over to the VAWA process. For simplicity purposes - USCIS has an obligation to adjudicate everything sent to them. That means everything must be either approved or denied at the end. So if your spouse withdrew the 130 (or it was denied for some other reason) they can hold the 485 to be attached to your 360 instead of denying the 485-sending you to removal-having you refile the 485 etc etc. Its a courtesy that benefits you and them as to not increase their workload unnecessarily. 

 

So if your 130 was denied and the 485 attached to it should technically be denied as well- UNLESS its being held in abeyance waiting to be attached to your 360 once the 360 is approved. That is the question that should have been asked. What is the status of the previously filed 485? Can I get confirmation its being held in abeyance until the 360 is approved? Although if the online system shows its pending and the EAD shows as valid then theres no reason to think its not being held. 

 

 

Thank you very much for the detailed answer, and after having read it thoroughly I stand educated. I’m attaching the copy of the USCIS letter as well.

I filed jointly I-130/485  and the uscis in response thereto called us for an interview in 2018. But due to spousal differences,I requested my attorney to file I-360 instead. Due to a black eye and bruises on my face,I wasn’t able to attend the interview, but my attorney wrote a detailed letter requesting the uscis to hold I-360 in abeyance till the decision of Petition I-360. Thereafter, the online status of I-485 changed to , ``no one appeared for an interview……”. In the meantime.my spouse withdrew petition I-130 and my attorney received the decision to this extent.

After that I renewed my EAD Cat (09)  twice  on the basis of pending I-485 and till the decision of I-360, and the EAD got verified by my employers too without any issue.

In the meantime I noticed that the online status of petition I-485 went back to, “ interview is being scheduled…….”  from , “  No one appear for interview……” as stated earlier

Now after the approval of I-369,I requested the congressman to enquire about the local USCIS office as to the interview scheduling after and got this letter in response which instead of solving, made the matter more complex.  Please help me with my next step.  Thanks

On 12/24/2020 at 2:24 AM, Stillwinning!!!😊 said:

If you're getting EAD renewals, that means your I-485 is still pending your congressman is the one probably thinking that your I-485 is most likely denied...there's no way USCIS will be speculating.. USCIS is immigration they know if it's denied or not because they're the ones who deny or approve! When was your i360 approved again? It's possible that your I-485 isn't in the local office yet but will still go to the local office when USCIS is ready.. so many people had their i-130 denied but the I-485 still pending.. you asked for your I-485 to be held in abeyance right? USCIS should be able to give you that information through your congressperson.. you should specifically ask for that..( if it was held or not also if it is denied or not) You can also try to schedule an infopass. Even if your I-485 is denied you can always file a new one!👍

The letter sent by USCIS incorporated the wordings, "most likely denied". So please guide me in such a situation what should I do?

@sandranj@Stillwinning!!!😊@Demise and other family members, I got response from congressman stating my  I-485 file isn't in the local office. It further states that since my I-485 was filled with I-130 originally, and as my I-130 was denied so most likely my I-485 was already denied too. in short, they aren't sure whether or not I-485 is pending? what should I do in such  a situation to know about the current status of i-485 . Interestingly, I 'm getting renewal of EAD cat 09 without any issue and free of cost ?  Please help me . Thanks

On 12/22/2020 at 1:39 PM, neimovirna said:

Hello all! Happy upcoming Holidays!

 

@sandranj @Stillwinning!!!😊

I hope you can answer my question, you are always so knowledgeable and helpful! 

 

I am in NYC

My Vawa was approved in August 2020, and my i485 was filed back in 2017 (when I applied for it based on marriage with my abuser husband). Because of the escalation of our conflicts and my mental state, we didn’t attend the interview for that i485 with my husband, as I was already consulting with my attorney about filing of my Vawa case.

 

The attorney mailed the USCIS request to keep the i485 in abeyance (10 days before the day of the interview that we were supposed to go to with my husband), and he gave me a receipt of that letter being received by USCIS. BUT, the status of my i485 after the day of the interview passed, was changed to “Nobody showed up for in person processing”, and this status is still there showing up to this moment (since 2018)

 

my question is @sandranj and @Stillwinning!!!😊 should I be worried that maybe the USCIS didn’t keep it in abeyance? Do they send some kind of note, if they cancel i485 or refuse to keep it on hold?

 

And How can I check the status of it, if it is still active? According to this forum, I should have received something about Updating my Medicals, but I haven’t received anything. 

 

Thank you very much for any input for my question! and stay safe!

I'm facing a similar situation. 

4 hours ago, Engineering-rocks said:

True that! My lawyer passed away a couple of years ago, so not at the moment. I will try to find someone to prep me for the interview.

Due to past asylum, I'll strongly suggest you to take attorney with you. 

7 hours ago, iamlost said:

Hi everyone! 

 

I'm filling out I-765 to renew my EAD. What should I put as my current immigration status (question 25 on the form)? I entered the US back in 2015 as a B1/B2 visitor and filed my I-360, I-485 and I-765 to USCIS in September 2018.

Pending Adjustment of Status.

@Stillwinning!!!😊@Demise and other family members, please I need help to renew my EAD. I paid fee for filing I-485, so do I need to pay fee again?

second do I need covering letter to ask for fee waiver ? What is the Vermont Service Center address  where I send the Packet? Thanks in advance.

4 hours ago, Demise said:

Yes, you can file I-765 for a (c)(9) EAD on the basis of the pending I-485, either concurrently with or after I-485 was filed. This EAD is issued in 1 year increments, can be renewed as long as the I-485 is pending, comes with the automatic 180 day extension upon filing for renewal, and there's no filing fee for initial and renewal applications (there was a plan to make renewals cost money for I-485s filed on or after Oct 2, 2020, but the courts halted it).

 

Where you send your I-765 depends on where you filed the I-485.

 

If the I-485 was filed with VSC, you send it to:

USCIS - Vermont Service Center

75 Lower Welden Street

St. Albans, VT 05479-0001

 

If the I-485 was filed with an initial I-130 and you transferred it to the I-360 later, or you filed I-485 with the court you'll send it to:

Via USPS:

USCIS

Attn: FBAS

P.O. Box 805887

Chicago, IL 60680-4120

 

FedEx, UPS, DHL, and other carriers other than the postal service:

USCIS

Attn: FBAS

131 South Dearborn

3rd Floor

Chicago, IL 60603-5517

 

@Denise if you have a pending I-360 case, always and I'm saying always again ,file your EAD at Vermont.

On 10/8/2020 at 6:11 PM, hopingwgrace said:

Joint account back statements

Joint Health Insurance

Driver license (mine and the my ex with the same address)

Credit Card Statements (joint) and two affidavits mentioning I traveled to see my wife.

 

 

I'll suggest you to revisit  all the evidence you submitted in support of your VAWA petition again. If you find any discrepancy in addresses, try to explain in detail.

Second check your marriage certificate with reference to residence and mailing address.