Demise

You'll need to contact NVC. They very frequently will just go by actual age in the early stages of the process. Anyways doing the math: DOB: 3/23/2001 I-130 filed: 6/6/2021 I-130 approved: 8/28/2024 Age at filing: 20 years, 2 months, 14 days. Time I-130 was pending: 1180 days Priority date was current on the date the I-130 was approved, so that's the visa availability date and CSPA age is currently frozen at 20yrs 2mos 14 days. So you/your kid have until August 28, 2025 to file DS-260/I-485/I-824 to lock in the age. Also, you shouldn't naturalize until after the kid is in US. Age at parent's naturalization overwrites normal CSPA age so that'd drop them into F1. Similarly they shouldn't marry until they're in US because marriage would kill such a petition.

Listen, USCIS says to file with Nebraska so you probably should file with Nebraska. You can likely chance it and file with Vermont but there's a chance that they'll just send it back. They definitely won't send it back if you follow the actual directions, finally I-765 receipt notice provides an automatic extension (540 days?) to the old EAD, so you shouldn't care when it's approved (which I guess filing with Vermont is trying to accomplish), only that it gets there before the old one expires. In my own case I-360 was filed with and approved by Vermont. (Had admin closed removal proceedings so couldn't concurrently file). Then they changed the mailing location, I filed my I-485, I-765, and I-131 with Nebraska. Nebraska accepted the filing and later forwarded it to Vermont which approved the I-765 and I-131 and passed the I-485 to the NBC. So can you try playing lose with what it says? Meh, probably. Should you? Nah. $0. Recent changes to the fee schedule made VAWA I-485, I-765, and I-131 all free. VAWA I-360 was always free as far as I can tell. Also he shouldn't forget the medicals, another recent change will make USCIS reject any I-485 filed without medicals. Also he shouldn't forget the I-864W.

Nebraska: They changed the mailing location sometime in mid 2023 around the time when I filed my AOS.

Policy changes generally aren't retroactive because that's just a pile of lawsuits waiting to happen. Also yes, if they issued you an I-485 receipt notice then they have accepted your application. Like the policy is that they're reject any new filing missing the medicals, not that they'll deny those who filed without medicals previously. So it used to be this way: If you paid for I-485 then I-765 renewals were free. If you got a fee waiver for I-485 then you'd either need to pay for I-765 renewals or submit another fee waiver. C31 renewals they wanted you to pay for or get a fee waiver. Currently VAWA I-485, I-765 (C09 and C31), I-131, and some other forms are just blanket free regardless of when the case started or your ability to pay. You do not need to pay nor do you need to submit a fee waiver request. For C31 renewal you need to include a copy of the I-360 approval notice and ideally a copy front and back of your current C31 EAD.

https://www.uscis.gov/g-1055?form=i-765 Yep. C09s for VAWAs and C31s are free these days. This includes initial, renewal, and replacement applications.

Yeah same address. One thing of note is that recent changes to free schedule made I-485, I-765, I-131, and other similar forms free for VAWA filers. Currently both C9 (based upon VAWA I-485) and C31 are free.

If they took your I-485 filing then they'll RFE you for it or send you a courtesy notice to bring it to you to an interview. (Note that getting an RFE is a good indication that they might waive the interview that's not absolute, I got RFE'd for medicals and then interviewed regardless, though in my case I had an EWI and prior removal proceedings). Right now they will reject a filing without the medicals - not deny, reject, they will take your whole filing, put it in an envelope, and mail it back to you. It's I-765. I-751 is a different form (removal of conditions for permanent residence) Do you need a C31? If you have a C9 EAD then just use that one and renew it as needed. If you don't have a C9 you can file the initial for that at the same time as C31 renewal. Reason for this is two-fold: C9 is valid for 5 years, C31 does get automatic extensions when you file a renewal, so a renewal would bridge any gap. If you want the C31 just because (peace of mind, fallback in case you lose the C9, etc) then you can file a renewal and don't let me stop you. These (all VAWA EADs) go to For USPS: USCIS P.O. Box 87426 Lincoln, NE 68501-7526 For FedEx/UPS/etc: USCIS Attn: I-765 VAWA 850 S St. Lincoln, NE 68508-1225

She's eligible to either naturalize under either: LPR for 3 years, married to a US citizen provision LPR for 5 years provision Prices are the same. Generally the 5 year provision is the simpler one because the 3 year one requires you to once again provide the bona fides of the marriage. Also keep in mind that USCIS interviews for every single naturalization application (because they have to give the applicant the whole test) so they can and will switch the basis when the case warrants it. So unless there's some breaks in residence that could prevent her from using the 5 year one, normally in a case like this even if she were to tick the 3 year option they'd likely just switch it to the 5 year option so they don't have to look at the marriage stuff yet again.

I mean the I-360 is the hardest part. Unless you have some issues of admissibility it should be relatively smooth sailing from here.

Looking at your case you filed I-360 and I-485 and are not in removal proceedings so send it to: Not sure why you sent it to Illinois nor why they sent it to Vermont who then rejected it instead of passing onto Nebraska. VAWA stuff generally goes straight to the service center. USCIS has roughly a year ago started using Nebraska as the submission location for VAWA forms then they either hang onto it or pass it to Vermont.

1. Yes you have to pay for the I-765. 2. Yes you have to pay and yes you can omit it. 3. Yes.

You have it backwards. Son's the petitioner, mom's the beneficiary. (So it's an IR-0 case) If I were to guess she entered a long time ago, gave birth, and kid either turned 21 or is about to. Or they both overstayed, son turned into an adult, married a citizen, adjusted, naturalized, and is now petitioning the mother.

If the 2 year deadline passed then you can't refile I-360. Only option is to file I-290B to revive the existing I-360. You've got four options with the I-290B. Motion to reopen (here's more facts/evidence) Motion to reconsider (USCIS erred in judgement) Combined motion to reopen and reconsider (basically both of the above, USCIS reviews them individually) Appeal to the AAO (from my personal observations it looks like the sustain rate on appeals is around 5%, but you have to remember that most cases that end up there are generally heavily defective) (generally the office that originally denied the application was take another look at it before sending to the AAO). That being said, I've never seen an I-360 get straight up denied without an RFE, sometimes even an RFE followed by a second RFE or a NOID. Also lets say that they don't RFE you and instead decide to interview you and that goes so-so, they can still RFE you subsequent to the interview. Yes the interview is scary but it isn't be all end all. So at this point I wouldn't stress that hard about getting denied. Also last bit of information, estimated processing time for I-360 currently is 41.5 months, so you're still within normal processing times and they might just approve you without needing all the extra stuff. Do have it all ready in case they do want it but just don't fall into the dark thoughts, you made it this far, you'll make it further.

Honestly I'd sit on it. USCIS is pretty bad with unsolicited submissions. Chances are that it might get lost between the mail room and your actual file. Secondly, understanding abuse requires plenty of specialized training, so while I hadn't seen any testimonials from anyone who had a combined I-360/I-485 interview yet, I simply don't believe that the rank and file employees will be asking for details about abuse there. They might question the legitimacy of marriage because they've already received similar training for I-130s.

Let me take an aside to this question. The stamped immigrant visa serves as proof of permanent residency valid for 1 year from the entry date. The LPR in question can use that for basically anything they'd normally need the green card for - social security number, driver's license, work, international travel, etc, etc. So if you're worried that you legally just won't exist between the entry date and when the green card finally arrives, don't be.

Yeah it applies to those that got that specific waiver I-751s as well. Meh listen, my own divorce took like probably 18 months to get through the courts. I think that's also a factor to consider. Also rank and file employees are not supposed to try to readjudicate the abuse part unless you literally go in there and say "haha, I made it all up".

Are you ignoring the part where I pointed at INA 101(a)(51)(C) as counting applicants for this waiver as "VAWA self-petitioners"? Also https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-5 Lots of mentions of VAWA in section C don't you agree? Believe me, I'm not an idiot, but while I-360 is likely the most utilized immigration part of VAWA there's a bunch of others.

1. You can naturalize after 3 years. 2. You do not have to be divorced. Those are the two main pluses. Guess what they scrutinize the marriage if you seek the divorce waiver too. Finally you can seek multiple waiver filings on a single I-751. They will most likely summon you for an interview so you can drop ones that didn't prevail. In re word "extreme": Yeah and there's two ways to reach the finding of extreme cruelty, you can have one single hair raising act or you can have a pattern of behavior where none of the acts taken in a vacuum are extreme but there's a pile of them that will wear you down. We're really arguing about minutia. Sure the section might've originated with the Immigration Act of 1990 however it was basically absorbed into VAWA by section 811 of VAWA 2005 by including it in the definitions of who a VAWA self-petitioner is. Also both 216(c)(4)(C) and VAWA relevant parts of INA 204 both use some variation of "battery or extreme cruelty" not domestic abuse or anything of the like. Similar with the few other scattered abused spouse benefits (CCA, NACARA, cancellation of removal, and probably some others). (U-visa uses domestic violence but that's because U-visa requires a crime to have been committed, reported, and ideally prosecuted) Like neither of us is really wrong unless USCIS tells you to face the wall for calling it the VAWA waiver. Either way, I'm gonna drop it here because this conversation is not conductive to anything. In either case the law uses the same term for both and USCIS reviews both in the same place by a team that likely applies very similar standards to both.

Small correction because it's outside edit window (8 USC 1154a) should instead read (8 USC 1168a)

I've done my own I-360. Generally the evidence you want is a self-affidavit explaining your married life and how bad the abuse was. A psychological evaluation is also highly recommended. If you have other evidence like medical records of injuries, police reports, restraining orders, third party statements, etc, those are also worthwhile to submit. Finally all the proofs you can muster that the marriage was legitimate while it lasted. This one is somehow more important than the abuse part. Other than that, in the VAWA thread you basically never see any RFEs relating to the abuse part unless the statements made are contradictory. USCIS questions the validity of the marriage while it lasted a lot harder than they question the abuse parts. I received an RFE myself, USCIS took my self-affidavit at face value and then put me through the wringer that the marriage was legit. Now, most people there are doing I-360 self petitions rather than I-751 waivers but the eligibility and evidence submitted is basically the same and is reviewed by the same humanitarian team.. I would strongly recommend getting a lawyer to handle this, however - it's not easy, but it's not like you need to be the most abused spouse on the planet to be approved.

INA 101(a)(51)(C): INA 216(a)(4)(C) (8 USC 1154a): VAWA Naturalization Sheet: Basically, if you see "battery or extreme cruelty", just presume VAWA.

VAWA ROC waiver is an option. The positive is that you don't need to be divorced to seek it and get to keep the 3 year eligibility for naturalization. The downside is arguing all the VAWA abuse stuff.

Is either of your parents still alive? If so you could petition for a parent and later your brother could use the now LPR parent for the I-601. Sponsor and qualifying relative can be two different people.

I guess someone looked over the A-file due to the I-90, then saw that the I-485 was approved so might as well just revoke the I-765 since the EAD stopped being valid when the I-485 was approved.

In this context: If the kid was under 18 when you married - yes the kid is considered a stepchild of a US citizen (INA 101(b)(1)(B)). If the kid was over 18 when you married then I don't know but I am leaning to say no as a stepparent-stepchild relationship was never formed in a case like that. I've been looking through INA and I really can't find anything that'd allow it, as the eligibility basically hinges on being a child or former child of an abusive US citizen and if that relation was never legally formed then there's nothing to proceed from.