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Demise

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About Demise

  • Birthday 12/03/1992

Profile Information

  • Gender
    Female
  • State
    Minnesota

Immigration Info

  • Immigration Status
    Adjustment of Status (pending)
  • Place benefits filed at
    Nebraska Service Center

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  1. Yeah that's the C31 EAD. Basically there's a box on the I-360 for VAWA cases "I'm in the United States and request an Employment Authorization Document" if you tick it, upon I-360 approval they will issue you a C31 EAD. You can have multiple EADs, just use the C09 one since it's the better deal.
  2. Block her and forget her, if she keeps trying otherwise then get a family lawyer and have them send her a cease and desist, followed by filing a no contact or restraining order. USCIS is prohibited by law from taking anything the abuser says into account for VAWA cases, similarly USCIS as a matter of policy doesn't take former spouses seriously because if they had to investigate every marriage that went sideways with a salty US Citizen then that'd be literally the only thing they'd be doing.
  3. Biggest issue is just getting there. Probably should designate Almaty, Kazakhstan or Tashkent, Uzbekistan as the processing post. Warsaw, Poland is the currently designated as the processing post for Russian citizens but Poland basically bans Russians from entry, though that could be worked around by flying to any other Schengen Zone country (e.g. Germany) and crossing over the border into Poland (internal borders for Schengen are unstaffed and don't perform any kind of inspection). Alternatively you could probably just put Moscow, Russia as the post and deal with it once the time for an interview comes. What you put on the I-130 is more of gentle suggestion than a strict requirement on the state department, they will schedule it wherever they see fit and if that doesn't work for you for any reason you have to argue with the state department to move it elsewhere. Only thing that designating the post on the form does is tell USCIS "this person is abroad, forward this I-130 to the national visa center on approval" with the alternate option being "this person is in US, hold onto it for AOS".
  4. You probably are, it's common for one spouse to take another's last name on marriage (generally wife taking husband's with other options being possible), if the photos and dob match, and you have a marriage certificate that bridges the two names then the airline will understand that this is the same person. Their biggest concern is boarding people who are not authorized the enter US because they get fined for that.
  5. My guess is that the agent that held your I-485 pending an I-360 ticked the wrong box.
  6. Write in the letter that you switched to VAWA I-360. The RFE incorrectly identified you as a widow(er) of a US Citizen. But I-360 approval notice, I-864W, and a short statement is all you'll need. Worst case they'll interview you and you can correct the I-485 at the interview, or they'll RFE or NOID you for a new form I-485.
  7. Yeah they will. Just include a copy of the RFE. USCIS is notorious for having no idea what to do with unsolicited submissions, with the RFE they will immediately know that this goes to this case, oh there's an already a response, attach this one too.
  8. Yeah you can go around your lawyer. Generally I'd say that is not the best idea but given the situation (very easy form and lawyer that demands an outrageous payment for what's not even 5 minutes of work) I think it's justified.
  9. You can say that as well, just explain the situation for why there's two responses to the RFE in your own words. The I-360 submitted with the previous response should be enough for that, if you are unsure, no harm in sending another copy.
  10. Okay yeah, since you are switching from I-130 with an I-864 to an I-360 then you will need an I-864W, I-360 notice is proof of eligibility for exemption, but you still have to explicitly request an exemption via form I-864W. So basically: Print out the RFE Fill out, print, and sign form I-864 Print a short statement explaining the circumstances: "Lawyer responded to the attached RFE by providing medical and I-360 approval notice. Lawyer claims that USCIS called him regarding the I-864, so now I am submitting I-864W in addition to the previous submission by my lawyer". Then sign it. Then mail off of this to the USCIS office listed on the RFE.
  11. "Submit all showing you are exempt from filing a form I-864". Hmm, now this is a good question, when did you file I-485, there was a period of time back when I-944 was a thing where seeking this exemption was just a checkbox on form I-485 itself, after they stopped requiring I-944 they just started asking for I-864W again. But if we were to take what the lawyer said at face value, where USCIS did explicitly request an I-864W, print out the RFE notice, fill out and sign form I-864W, attach a note that this is additional submission following submitting the medical alone, and send it out.
  12. Yeah that's a good point. Immigration doesn't call you outside of some really unusual circumstances.
  13. The RFE will say to submit an I-864. The correct thing to do in that case is to instead submit I-864W. The form is trivial: Fill out your personal information in Part 1. In part 2 tick box 1.d., sign and date under Requestor's Signature (Part 3, 6.a., 6.b.). Charging $1000 for this is just malpractice. Now, USCIS should've sent a copy of the RFE notice to your mailing address. If you didn't receive it, demand a copy from the lawyer and sent it in yourself. If you can't then figure out where your application is (ask a congressman or senator for help) and send it in as an unsolicited submission, attach a letter stating that your lawyer is giving you the runaround and failed to submit I-864 with the RFE so here you are submitting an I-864W of your own accord. You can also likely just give the I-864W to your congressman/senator and ask them to get it to USCIS on your behalf.
  14. Hey, my mailbox must've gotten full. I cleared it out.
  15. Question: Any chance you were admitted originally as a refugee or asylee? That'd be one of the few cases where the resident since date would pre-date an I-485 approval. Refugees are granted one of their arrival date in US, asylees are granted one that's the I-485 approval date minus 1 year. If so then it's possible that the original officer erred in denying you naturalization back in 2022. Otherwise, you should be fine, I don't believe there's any requirement for you to correct a defective green card to naturalize, only that you present one or an I-90 receipt notice at the interview.
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