gabriela525

Hello,

I have applied for name change along with my naturalization process. Should I use my new name or old name to sign the pictures and naturalization certificate?

Please help

I received the NOA1 (N400) on 03/15/2013 stating that the package and payment were received. However, as of today, the check still hasn't cleared or processes as an electronic payment. I thought they cashed process the payment first

On the NOA it says :

Payment information:

Single application fee $680.00

Total Balance Due $0.00

I also received on 03/19/2013 my Biomedics Notification with my case number and my date and time for my appointment I can also check the status of my case on the web site

I check my bank statement everyday and a am 100% positive the payment hasn’t been process yet Has anyone else had this issue?

Please help me I am very concerned if anything is wrong with my application?

Lostin NJ,

All is over now! Congrats!!! very happy for you, I know all you went through but finally it worth it, I'm sure you became a better person!! now enjoy your new life!!

Your friend forever,

Gabriela

Hi everyone, I had my interview today. I arrived at 8.00am, my interview was scheduled for 9.00am. There was a long line to get into the building, I stood in the line for about 20 mins. Once I got to the 13th Floor, I handed in my interview notice, the lady was very nice and told me to have a seat and they would call my name. I sat for about 20 mins before I got called, I was the 3rd person to be called for my interview. The officer walked me to her cubical and swore me in. She then asked me for my passport, she asked me to verify my full name and date of birth. Then she asked for my I-94 card, I told her my attorney lost it but I had a copy and handed it to her. She asked what was my mother and father's first name. Then she asked me the no questions. She asked when was the last time I spoke to my spouse, and asked if we were divorced, I told her no, she said why is there a divorce decree in the file, so I told her its from my spouse's prior marriage, then she apologized. She gave me back my passport and said I should receive the green card in 2 to 3 weeks. Overall the interview lasted about 10 mins or less. I'm so happy this journey is over. Thank you everyone on this forum for your support, EWTN, Bubbles, yayah, ghanamade, honest, ghanaba,Niagara, gabriela, NAROCKS, Koshkamoshka, Jasmine and everyone else. Thanks a million...

Mona_Lisa

Very happy for you!!! you made it through the end!!!

Very interesting question about remarry, I would like to know the correct answer , I knew that you couldn't get married if your VAWA was still pending and, I remember when I went to my interview the officer told me about the 3 years for the citizenship instead of 5 years

Happy Happy day for you!!!

Gabriela

Hi all, I finally received my green card in the mail on Saturday. WHOOOOO HOOOOOOOO. Thank you all, especially Gabriela and Ghanamade, for all the assistance you provided me with. I will be eternally grateful and may God bless you.

LostinNJ, I read in another thread that if I were to remarry I wouldn't be eligible to apply for citizenship in 3 years but in 5. Is this so?

Mona Lisa!!

Yay!!! So happy for you!!! Cheers!!

I got the long awaited email. Production of my green card has been ordered :dance: :dance: This long long journey is finally over!! I am wishing everyone here all the best too.

Mona_Lisa

I have heard that before and all is fine, I think you don't have anything to worry about, keep checking your status online, remember that if your VAWA is approved already, there is not reason to not get through the end, don't stress out please, in about a week or two you will receive your green card.

Always your friend

Gabriela

So I had my interview yesterday and it was over pretty fast. All he asked me were the questions on my I485, name, date of birth, parents name, entry date etc. Then the no questions. He then took copies of my travel documents, employment authorization card and my drivers license. He was really nice and friendly, he even made a few jokes. The interview lasted all of 10 mins. But he wouldn't tell me if he was going to approve it or not, he said everything seemed OK and that I should receive a decision in the mail soon.

On the USCIS case status page, my application is still on 'acceptance' and the last time it was touched was Nov 11. I don't think they are updating it. Anyone else with this problem?

Gabriela, thank you so much for all your help. You have been so helpful. I guess I still have some more waiting to do because i dont know for sure that it has been approved.

Congratulations Konjo!!! How did your interview go? Did you have to wait for a decision too?

Hi Mona_lisa:

The interview letter tells you everything you need to take to the interview, I took everything I sent for the VAWA, and all I sent with the I-485. Remember that the VAWA petition is approved already, so no panic!! (easy to say, I was panic!!!) The interview is quick and they just ask some questions about the I-485 form and G-325A form

All I took to my interview:

Passports (3) Mine and my 2 kids

My old Employment Authorization Card

I-864W Intending Immigrant's Affidavit of Support Exemption THROUGH VAWA

MEDICAL EXAM'S (the doctor gave me copies, just in case)

Marriage certificate / Divorce judgement (and translation's)

Birth certificates (and translation's)

Chronology of entries and exits THE OFFICER ASKED ME THE LAST ENTRY TO THE USA

ALL NOA'S and everything I received from USCIS

OTHER THINGS:

Passport and k-3 visa for me (old ones)

Passport and k-4 visas for my kids (my exhusband cancell the process for myself and our 2 kids)

Copy of Naturalization certificate for husband at that time (exhusband now, he filed for the divorce when the restraining order was placed)

All restraining orders against my ex -Final after trial good for 3 years

Certified court order after trial w certificate of compliance w/VAWA

I-130 applications approved for myself and my 2 kids (and cancell later on for my ex)

Pictures injuries in my arm and declaration of picture taken (My boss took me to a domestic violence place, they took pictures of my arm )

Pictures of my oldest son injuries, his dad bit him

Statement of my boss who saw the injuries

During the interview everything went well, the officer was extremely nice, he went through my file, asked me some questions, if my address is still good and my phone number is current, I said yes, he asked when was the last time I came here and checked the previous visas k3 for me and k4 for my sons (made copies), also asked me some of the NO questions of the I-485 and I responded no, no, no to all of them, he asked if I was working and I said yes and hand to him a letter from my work, he ask me if he could keep the letter and I said yes,

He tried to make conversation to my sons and laughing at the same time, he asked how’s school and if they get in trouble, of course they answered nooo, he asked me for how long I was married and I answer that for 14 years, and how many times I have been married and I said.. just 1, then he turned around facing my kids, and told them that everything is over, that they now have a new start and they need to take care of their mom, I was almost in tears, I couldn’t believed that an officer can be a human being like us.

By the end he explain to me that after 2 years and 9 months from today I can apply to the citizenship with the form 1-400 and I can file the form I-600 (together with mine) for my youngest kid and he can get his citizenship through me without any text ( under 18 years ), my other son he needs to do the same than me because he is gonna be over 18, but that it will be fun to do it together, he said.

Then he gave me three letters one for each one of us saying the approval date (august 18, 09) class lf adjustment IB-6 for me and IB-8 for my kids and that the permanent resident card will be mailed to my address within 21 days

Mona_Lisa Best wishes for all of you! all is going to be just fine!!

Gabriela

Hi you guys,

I just received an appointment for my adjustment of status interview, DEC 7TH. Question for all who have been through this, especially Ghanamade and Gabriela. They have asked to me take a lot of documentation, like my application is based on marriage. Things like I already submitted for the I360. I don't have any more bills to take. What did you guys take with you? Did you need to take your spouses birth certificate and the like?

Mona_lisa

Self-petitioners who qualify as immediate relatives of U.S. citizens (spouses and unmarried children under the age of 21) do not have to wait for an immigrant visa number to become available. you can send your AOS to Chicago

I-485

G-325A

I-864W Intending Immigrant's Affidavit of Support Exemption

I-765 ------> option C(9)

Medical Exam --->you need to pay to have this done

you need to send all together with a check $930 plus a biometrics fee of $80; the fee total is $1,010

Best wishes for you!!

Gabriela

Hi 3bvsla,

For proof of a good faith marriage I sent utility bills, car insurance, life insurance, bank statements, credit card statements, statements from friends and family, tenancy agreement and wedding notices.

Ghanamade or anyone, do we pay the fee for the I-864W?

Yahya,

Did you send the requested info via registered mail, Fedex or something like that so you can track when they did receive your answer for the additional evidence. If you did that you can call now and try to get an update on your case telling them when they receive the info. If you didn’t send the info via registered mail, what I would do is to write a letter to them saying that is the second time you are sending the info they requested and attach all the evidence you sent the first time, (registered and certified mail)

Best wishes amiga!

Gabriela

gabriela thank you so much you always been helpfull

good info

but you now they never updat my case is that normal . back in november last year they FRE and when i sent they sent me prima facie but they never updat the system im going to the 2nd prima faci and when i chak the

Current Status: Request for Additional Evidence Sent

On November 10, 2008, we mailed a notice requesting additional evidence or information in this case I360 PETITION FOR AMERASIAN, WIDOWER, OR SPECIAL IMMIGRANT. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.

is this normal to not updat the system i never got any latter say that the i360 rusmed

Hi Everybody

Important Info when the I-360/I-485 applications are concurrently filed

VAWA Adjustment Questions

1. When the I-360/I-485 applications are concurrently filed, what is the process for transferring files to the district office for interview on the I-485 after the I-360 has been approved?

Two files are created, an electronic one and a paper file. This may mean that transfers of files may be delayed. There is now a new process wherein the VAWA Unit (instead of the I-485 unit) will ship the file to the local office which should help the transfer process.

PRACTICE POINTER for cases that are not concurrently filed: The Chicago lockbox has been having a lot of problems. Put really big 35 pt type on cover sheet, indicating that it’s a VAWA file.

*******************************************************

Here is the document

DHS Q&A Sessions

Panelists: George Murphy (CIS Vermont Service Center VAWA Unit Supervisory Adjudicator), Michelle Young (CIS Vermont Service Center VAWA Unit Supervisory Adjudicator), Karen Saunders (San Diego CBP Field Operations Supervisor), Dorothy Stefan (Seattle ICE Office of Chief Counsel)

Moderators: Ana Vallejo and Sally Kinoshita, ASISTA

VAWA Questions

1. Can you please give us an update on what the situation is like now at the Vermont Service Center? Who are the supervisors, how many adjudicators, and what hotline numbers we should be using for what?

Currently, in the VSC VAWA Unit, there are 2 supervisors, 25 adjudicators, 4 information officers plus administrative staff. The 802-527-4888 hotline is still used for VAWAs, U visas and T visas.

2. Do you have statistics from 2004 and 2005 on the number of I-360 self-petitions filed, granted, denied and found to be fraud cases?

FY 2004 statistics: 6800 I-360s filed, 5076 approved, 1550 denied.

FY 2005 statistics: 8300 filed, 8300 approved (includes previously pending files), 2205 denied.

Since VAWA passage (thru 3/05): 38,000 filed, 30,672 approved, 7200 denied.

3. How many VAWA cases have gotten referred to ICE for removal? What were some of the reasons for referrals?

Currently, cases are not being specifically referred for removal. Adjudicators do not refer to ICE directly, but post-9/11 checks can lead to priority for referrals.

4. When does CIS plan to update its VAWA-related regulations?

According to headquarters, as soon as they can be reviewed and approved.

NOTE from ASISTA: VAWA ’05 required that DHS issue regulations on both VAWA 2000 and 05 within six months (from January). We know the VAWA personnel are working hard to do this, but it’s a big job for one person, so we ask the field to be patient. As in the past, we expect internal guidance will hasten implementation of the law while regulations go through their arduous approval process.

5. How long is the backlog on VAWA processing once they receive an application? How long does it take for a work permit to be issued? How long is it taking for prima facie notices to be issued and for final approvals to be issued?

The backlog had been about 8-9 months a year and a half ago. Now the backlog is only about 2 months to get to the first look. Therefore VSC is no longer issuing cursory RFEs in advance of an adjudicative RFE because there’s no backlog.

Timeline: prima facie determination 2-4 weeks, initial review by adjudicating officer 2 months. EADs with ©(9) are even faster. EADs with ©(14) are on the same timeline as the I-360 approval.

6. Re-adjudicating I-360s: Some local offices are re-adjudicating I-360s despite the previous CIS memo. Has there been some policy communicated to the local offices to allow for this? What can advocates do in this case?

There has been no policy change here – local offices should NOT be re-adjudicating the I-360s. What to do: Raise this issue up the chain of command. Use the CIS memo that says they should not re-adjudicate. Then contact ASISTA for assistance.

7. Can VSC confirm whether an abuser has naturalized after approval of an I-360 so the self-petitioner can adjust as an immediate relative?

Privacy issues restrain VSC from doing this. However, advocates can contact VSC via the hotline or in writing to request a revised approval notice if they believe the abuser naturalized. VSC will confirm via all their systems – may not give a specific response but may give a revised approval notice.

8. What should we do if EAD cards are not being received by us or by our clients from VSC? Is there any way to rectify this problem? When this has happened, we have been filing expedited processing requests – which has worked for most part – but there's still a time gap of no valid EAD for client.

Contact the VSC hotline and reference A number and receipt number, if any. Remember: If it’s a first EAD under ©(14), then deferred action is required FIRST. It is OK to file for first EAD under ©(9) when filed with an I-485. It may also be a mailing problem. Please note that there are 2 lines for address if necessary.

9. Is there an internal directive from CIS Headquarters giving VAWA self-petitioners 30 days to file an I-360 from the date of an adjustment interview?

There is no such memo. However, Laura has told some CIS offices to allow at least 30 days for a person to file.

NOTE from ASISTA: We understand the policy to be: When you have an adjustment interview based on an existing I-130 and wish to switch to a 360 as the basis (which we highly recommend), you (a) must notify the local office that you intend to do this (include a 384 notice as well, see Asista website for a sample) and ( file your self-petition within 30 days of that notice. We do NOT recommend waiting for the adjustment interview to give them notice that it’s a domestic violence case covered by the protections of IIRIRA section 384. If you delay filing the 360 beyond 30 days, the local office may deny the adjustment and put your clients into proceedings. If necessary, file a skeletal application explaining why you are doing so, but FILE a 360 WITHIN 30 DAYS of giving the local office notice.

10. What is VSC doing with I-360s who have prior removals and reentered? Are they passing the info on to ICE?

No, VSC is not passing them on to ICE.

11. Is a victim eligible to self-petition under VAWA if the abuser became a LPR after the couple divorced, it has been less than 2 years since the termination of marriage and the divorce was connected to the abuse? The issue here is of the abuser becoming an LPR after the marriage.

No, because the victim would not have a qualifying relationship.

NOTE from ASISTA: The problem here is the divorce. Read INA § 204(a)(1)( (ii)(I)(bb) & (II) closely: The abuser need not be an LPR during the abuse or the marriage (although the abuse must have taken place during the marriage)(I)(bb), BUT the applicant must be married to the abuser at time of filing (II)(aa)(AA) or have been a spouse of an LPR within the past 2 years (II)(aa)(CC). In the hypo, the applicant was divorced before the abuser became an LPR, so she meets neither qualification.

12. Is a victim eligible to self-petition under VAWA if the abuse took place while the spouse was not an LPR, and then the abuser becomes an LPR after the spouses separate? The issue here is where the abuser abuses the victim before getting LPR status; the couple then separates (but doesn’t divorce). So the abuse happened during the marriage, but not while the abuser was an LPR. Is the victim VAWA-eligible?

If the self-petitioner can make the connection for VSC and argue that the abuse continues somehow, she may still be eligible.

NOTE from ASISTA: We don’t think there has to be ongoing abuse. Make the statutory construction arguments in the note above and let us know if you have problems. We will send a note to VSC supporting your statutory argument.

13. Is a victim eligible to self-petition under VAWA if the abuser acquired LPR status after he and the petitioner stopped living together?

Possibly. It depends on a totality of circumstances.

NOTE from ASISTA: Continuing with the statutory analysis: The applicant must “have resided” with the spouse, not an LPR, see (II)(dd). We therefore think the statute permits this, as long as there was abuse during the marriage and one of the abuser’s LPR status conditions apply (see Q 11 note).

14. Is there a way for us to verify with VSC before filing whether an abuser is a LPR, when we know the abuser has had a pending I-485?

No. VSC cannot verify an abuser’s status before the filing of the I-360. They can only do so in conjunction with a filed I-360. Provide ALL of the facts you have and VSC will look hard in their system. The more info that you provide, the better the likelihood that VSC can find someone in the system.

NOTE from ASISTA: The same privacy protections noted in Q 7 apply here. VSC can’t give out information on an individual’s immigration status without that person’s consent (we wouldn’t want them to do this to our clients, would we?). In our experience, however, VSC strives to discover the information and act accordingly. You can tell what it’s discovered by the preference category in which your client is placed upon approval. PRACTICE POINTER: Give as much detail as possible on where (what office) you think the abuser may have gained LPR or naturalized. The centralized data system is not notably comprehensive and VSC can’t check every local office.

15. Can you tell us the status of VAWA I-360s submitted by self-petitioners who qualify because the abusive spouse was deported based on domestic abuse?

Yes, a new memo discussing the required connection is now available on the CIS website. These will be adjudicated on a case-by-case determination.

16. In cancellation cases, can ICE confirm the status of an abuser to determine if the person is eligible for cancellation?

No because of privacy concerns.

PRACTICE POINTER from ASISTA: BUT practitioners have been successful in convincing immigration judges (at master calendar hearings) to require ICE to give them the necessary files so the judge can decide. As with the VSC approach, you’re not asking the IJ to tell you the answer, just to tell you if your client meets the basic eligibility requirements.

17. For states with fault-based divorce, to show connection between the divorce and abuse is it okay if divorce is uncontested?

Yes, you just need to show a connection with other evidence.

18. What is the process for a fee waiver – how are they processed and what should the request include?

Fee waiver requests are flagged and they must be signed off by a VAWA Unit supervisor. They should include information on household income, the number of people in the household, the number of dependents, and receipt of public benefits. Child applicants must also include household information.

19. Under what circumstances will VSC expedite an I-360?

Currently, VSC is processing one-month old cases. It typically takes 6-8 weeks for an adjudication. Since the backlog is virtually gone for now, there shouldn’t be much need to request an expedite. However, if you need one, call the VAWA hotline to request it. In proceedings is a reason to expedite, especially if hearing is coming up soon.

20. When should an EAD renewal be filed?

Ninety days in advance of its expiration.

21. What can we do about denied I-360s?

You can file motion to reopen/reconsider, appeal to AAO or file a new I-360. Use the motion to reopen if you face statutory bars – it’s more expensive but a better option.

PRACTICE POINTER from ASISTA: ALWAYS do a motion to reopen/reconsider. The AAO is not trained on VAWA and its handling of those cases is slow and extremely unpredictable. Contact ASISTA for help with a motion.

22. Are there special procedures for filing if abuser is a DHS employee?

Yes. VSC does not want these I-360s in the computer system. Therefore, FLAG the application in any and all ways. VSC is creating an offline system without national database access. Contact ASISTA to make sure it’s flagged.

Deferred Action Questions

1. Can you explain what the process is now that requires VSC to obtain permission from ICE before granting deferred action to victims with final orders of removal?

A guidance memo came out in June 2005. VSC cannot grant DA to people with prior removals or in proceedings. The consultation process will be same as with U visas. Laura Dawkins (CIS HQ) is working out the details. Clients with prior final orders will NOT be referred for removal automatically.

2. Is there any plan for CIS to review cases that have been granted DA status and who have not adjusted status? In other words, does CIS plan to see if DA applicants have immigrant visas immediately available to them but haven't adjusted?

Currently, VSC can continue to renew DA indefinitely for immediate relatives who can’t adjust or aren’t ready. However, in the future a deadline of 24 or 27 months may be instituted.

VAWA Adjustment Questions

1. When the I-360/I-485 applications are concurrently filed, what is the process for transferring files to the district office for interview on the I-485 after the I-360 has been approved?

Two files are created, an electronic one and a paper file. This may mean that transfers of files may be delayed. There is now a new process wherein the VAWA Unit (instead of the I-485 unit) will ship the file to the local office which should help the transfer process.

PRACTICE POINTER for cases that are not concurrently filed: The Chicago lockbox has been having a lot of problems. Put really big 35 pt type on cover sheet, indicating that it’s a VAWA file.

2. Can you please clarify the procedure to request an adjustment application be held open pending I-360 approval?

The procedure depends on your local office, since different districts have different procedures. PRACTICE POINTER: Make sure to invoke IIRIRA § 384 confidentiality provisions when making the request.

3. Some districts are still experiencing denials of adjustment for pre-4/1/97 VAWA EWIs that don't have the domestic violence nexus to avail of the 212(a)(6)(A)(i) relief. Is there any clear guidance interpreting 245(a) that the district offices receive to allow adjustment for all VAWA EWIs?

Guidance from headquarters should be coming very soon.

4. Do we know if there is any relief on the horizon for self-petitioners with prior removals who face reinstatement at AOS?

OCC is pursuing this issue now. No details available.

ASISTA UPDATE: In VAWA 05, Congress specifically encouraged DHS to use its discretion to grant I-212s (advance permission to re-enter), which overcame this problem in the past. See our VAWA 05 analysis for more details.

5. If an I-360 was approved years ago, can VSC accept the I-485 now?

Yes.

6. How can we help derivatives who are abroad to join the principal?

It’s hard to inform everyone who is involved, even within the US. The local office sends the I-824 to the NVC where it is held until visas are nearly ready, then it is passed to the consulate in home country. If I-824 goes to Vermont, it’s adjudicated by VSC, the approval goes to filer and the consulate should also get info from VSC. Documenting kids abroad from the beginning when you file the I-360 should make things easier. If you run into problems, use the same procedure – go up chain of command and let VSC and Laura know results.

U Visa Questions

[Please note: most questions related to U visas and U interim relief could not be addressed because of pending litigation.]

1. Can advocates use the VAWA Hotline to find out information about the status of U interim relief requests? If not, how do people who haven't gotten a receipt, and therefore no case number, find out what's happened to a case?

Yes, use the VAWA hotline. It will have info on U visa status. Because U interim relief applications do not get a receipt, you cannot use the online system. However, you usually will get an I-765 receipt.

T Visa Questions

1. Will CIS approve a T visa where the Department of Labor investigates the labor violation and is willing to certify by signing the I-914B, but the US attorney’s office and US civil rights division declined to prosecute or refused to sign the I-914B?

Yes, it can be submitted as secondary evidence. An I-914( from LEA is primary evidence but secondary evidence is acceptable.

2. Can DHS waive fingerprinting fees for T visa applications?

No – CIS must pay FBI to run prints, and therefore they cannot be waived. PRACTICE POINTER: fingerprints are valid only for 15 months so make sure to time your request.

3. Can you tell us if there is training for law enforcement agencies, US attorneys or DOJ attorneys regarding the T visa eligibility criteria, evidentiary standard for adjudicating Ts, and the roles of ICE, US attorneys office and CIS in the adjudication process for T visas? What is the training and can we have a copy of training materials?

Walt Laramie used to circuit ride to train agencies. VSC staff was recently retrained. Now each agency trains their own staff. We will ask about obtaining materials.

8. Can a U visa cert be used for a T application?

Yes, as secondary evidence

ASISTA PRACTICE POINTER: Be very clear what you’re doing when you do this. Us are rarely certified for trafficking per se and this can confuse the adjudicator. Congress made even clearer in VAWA 05 that crimes of which trafficking was a part can qualify, but you need to be explicit about this. Show (preferably through the certifier) how trafficking was central to the criminal activity, even if the crime ultimately investigated/prosecuted was something else (e.g, sexual assault/domestic violence).

9. Does continued presence guarantee T approval?

No.

10. Why might Ts be denied if they got continued presence?

Because there are other requirements for Ts that may not be met: extreme hardship, physically presence on account of trafficking, helpful to investigation, unusual or severe harm on removal.

Questions for ICE and CBP

1. What happens if an abuser reports a victim to DHS for removal?

If an abuser reports that the person has a conviction record, ICE will check their systems. If the abuser reports that the victim is undocumented, they will not pursue the person. Otherwise, IIRIRA § 384 confidentiality provisions are not well understood by all agencies.

ASISTA PRACTICE POINTER & UPDATE: In VAWA 05 Congress mandated that DHS (read ICE particularly) must develop and implement policies for dealing with 384 and those protected by it (VAWA, Us & Ts). In the mean time, it is our experience that every ICE office handles the situation differently. Some do, in fact, go after victims who are undocumented; others identify and help victims they encounter; most are somewhere in between. YOU must develop a relationship with your local ICE office, while we work on the national level encouraging them to adopt helpful policies and protocols.

2. How can we access ICE files on detainees?

Contact the detention center or ICE OCC should have file.

3. What should I do if I have a client who tells me she was stopped at the border and does not know what happened? How can I find more information?

Do a FOIA request and an FBI fingerprint check. Border patrol does take fingerprints and photographs of everyone encountered along the Mexico border. They’re voluntarily removed if they have no criminal history. With a criminal history, they will get an expedited removal unless the person requests a hearing. Border Patrol has and keeps temp files.

Hi everybody !

This morning we had our interview, everything went well, the officer was extremely nice, he went through my file, asked me some questions, if my address is still good and my phone number is current, I said yes, he asked when was the last time I came here and checked the previous visas k3 for me and k4 for my sons (made copies), also asked me some of the NO questions of the I-485 and I responded no, no, no to all of them, he asked if I was working and I said yes and hand to him a letter from my work, he ask me if he could keep the letter and I said yes,

He tried to make conversation to my sons and laughing at the same time, he asked how’s school and if they get in trouble, of course they answered nooo, he asked me for how long I was married and I answer that for 14 years, and how many times I have been married and I said.. just 1, then he turned around facing my kids, and told them that everything is over, that they now have a new start and they need to take care of their mom, I was almost in tears, I couldn’t believed that an officer can be a human being like us.

By the end he explain to me that after 2 years and 9 months from today I can apply to the citizenship with the form 1-400 and I can file the form I-600 (together with mine) for my youngest kid and he can get his citizenship through me without any text ( under 18 years ), my other son he needs to do the same than me because he is gonna be over 18, but that it will be fun to do it together, he said.

Then he gave me three letters one for each one of us saying the approval date (august 18, 09) class lf adjustment IB-6 for me and IB-8 for my kids and that the permanent resident card will be mailed to my address within 21 days

Best wishes for all of you!

Gabriela

Hi everybody!

This morning we had our interview, everything went well, the officer was extremely nice, he went through my file, asked me some questions, if my address is still good and my phone number is current, I said yes, he asked when was the last time I came here and checked the previous visas k3 for me and k4 for my sons (made copies), also asked me some of the NO questions of the I-485 and I responded no, no, no to all of them, he asked if I was working and I said yes and hand to him a letter from my work, he ask me if he could keep the letter and I said yes,

He tried to make conversation to my sons and laughing at the same time, he asked how’s school and if they get in trouble, of course they answered nooo, he asked me for how long I was married and I answer that for 14 years, and how many times I have been married and I said.. just 1, then he turned around facing my kids, and told them that everything is over, that they now have a new start and they need to take care of their mom, I was almost in tears, I couldn’t believed that an officer can be a human being like us.

By the end he explain to me that after 2 years and 9 months from today I can apply to the citizenship with the form 1-400 and I can file the form I-600 (together with mine) for my youngest kid and he can get his citizenship through me without any text ( under 18 years ), my other son he needs to do the same than me because he is gonna be over 18, but that it will be fun to do it together, he said.

Then he gave me three letters one for each one of us saying the approval date (august 18, 09) class lf adjustment IB-6 for me and IB-8 for my kids and that the permanent resident card will be mailed to my address within 21days

I feel happy, a new start like the officer said, I want to pass this over to you, I will praying with all my heart so every each of us can get it through the end.

Your friend forever

Gabriela

Thank you all, Ewtn2009, Ghanamade, Bubbles. Niagara, Yahya54!!!!!!

Have no words to say thank you all for your support, I know how hard is going through this nightmare, I have all of you in my mind every time a say a prayer, I don't understand why is so hard for some people, it should be a reason, something than we need to learn, don't know, don't give up, we can make it for sure, God is on our side.

Flowers and hearts for you (F) (F) (L) (L) (one for each one )

Always your friend,

Gabriela

Hi everybody!

Panic today, I will have my Interview next Tuesday August 18, myself and my two boys, really scare! Wow, what a journey, best wishes for all of you.

I found this song and gives me lots of hope, please pray for me and my family please!!

Seconds, hours, so many days

You know what you want but how long can you wait?

Every moment lasts forever

When you feel you lost your way

And what if my chances were already gone?

Started believing that I could be wrong

But you give me one good reason

To fight and never walk away

With every step you climb another mountain

Every breath it's harder to believe

You make it through the pain, weather the hurricanes

To get to that one thing

Just when you think the road is going nowhere

Just when you almost gave up on your dreams

They take you by the hand and show you that you can

There are no boundaries!

There are no boundaries!

I fought to the limit to stand on the edge

What if today is as good it gets?

Don't know where the future's headed

But nothing's gonna bring me down

I've jumped every bridge and I've run every line

I've risked being saved but I always knew why

I always knew why!

So hear I am still holding on!

With every step you climb another mountain

Every breath it's harder to believe

You make it through the pain, weather the hurricanes

To get to that one thing

Just when you think the road is going nowhere

Just when you almost gave up on your dreams

They take you by the hand and show you that you can

You can go higher, you can go deeper

There are no boundaries above and beneath you

Break every rule 'cause there's nothing between you and your dreams

With every step you climb another mountain

Every breath it's harder to believe

Yeah! There are no boundaries

There are no boundaries!

With every step you climb another mountain

Every breath it's harder to believe

You make it through the pain, weather the hurricanes

There are no boundaries!

There are no boundaries!

There are no boundaries

This is my timeline:

AOS

05-04-2009 - FEDEX AOS GABRIELA, BOY 1 AND BOY 2

05-06-2009 - DELIVERED SIGNED BY JOHN CHYBO 9:30 AM

05-13-2009 -CHECKS CASHED 1010.00 + 1010.00 + 600.00 (UNDER 14) OUCH!!

05-16-2009 - RECEIVED NOA'S I-485 I-765 (SIX ENVELOPES!!)

05-21-2009 - RECEIVED BIOMETRICS FOR 06-03-2009 ALL THREE CASES

06-03-200 - BIOMETRICS DONE

06-10-2009 - EMAIL - ORDERED PRODUCTION OF YOUR NEW CARDS THREE, MY TWO BOYS AND MINE

06-18-2009 - AGAIN!! EMAIL -ORDERED PRODUCTION OF YOUR NEW CARDS THREE, MY TWO BOYS AND MINE

06-22-2009 - THREE EAC'S IN THE MAIL

06-22-09 - RECEIVED INTERVIEW DATE FOR AUGUST 18 (MY BOYS AND MINE TOGERHER) THANK GOD!

EWTN2009

Best wishes for you , have a feeling that your approval is on its way!!!!

keep praying always!!!

Gabriela

TO BE HONEST....... I'M IN SHOCK......THIS IS THE SECOND TIME THAT THEY HAVE TOUCHED MY CASE SINCE I FILED IT (16MONTHS AND 24 DAYS AGO)... WHAT A COINCIDENCE! JUST LAST NIGHT I WAS TELLING YOU GUYS THAT I HAVEN'T HAD ANY UPDATES LATELY. ANYWAY, LET'S SEE WHAT IT HAPPENDS......

I REALLY NEED YOUR PRAYERS GUYS, PLEASE!!!!!!!!

T H A N K Y O U

I WILL KEEP YOU POSTED

Hi Lostboy,

I had an attorney that help me with my VAWA and my two boys I paid him around 3000.00 He did a great job gathering all the papers, you need to write what happened since you married the other person, the lawyer set up everything really good in chronological order, my case I was married for 14 years two boys together and he cancel the process of all of us, can you imagine the nightmare, he didn't care about his own kids. After my VAWA got approved I file myself the adjustment of status for me and my two boys, I have my interview August 18. My lawyer sent a letter to Mexico consulate explaining why We couldn’t attend to the final interview, he attached to the letter Pictures of injuries, copies of all restraining orders before and after trial, police reports. (process that my ex-husband cancel later on, he was planning to leave me there), We couldn’t leave this country, I came here under Visa K and my kids K4

This is my story:

I was very young, married for 14 years, I have never married to anyone other than him, He has never married to anyone other than me. , 2 biological kids.

02/01/08 Mailed I-360

02/12/08 Receipt Date

03/07/08 Prima Facie

8/27/08 Sent over request 2nd Prima Facie Extension

9/16/08 Received 2nd Prima Facie

2/19/09 Sent over request 3rd Prima Facie Extension

0/19/09 I-360 Approval notice

Everything a lawyer sent to Vermont:

Cover Letter

1.- Notice of entry of appearance as attorney or representative

2.- I-360

3.- Declaration of (myself) with the following exhibits attached:

A- Copy of passport and k-3 visa

B- Copy of passport and k-4 visas for my kids (my ex-husband cancel the process for myself and our 2 kids)

C- Copy of Naturalization certificate for husband at that time (ex-husband now, he filed for the divorce when the restraining order was placed)

E- Marriage certificate

F- I-130 applications approved for myself and my 2 kids (and cancel later on for my ex)

G - Chronology of entries and exits

H- Pictures injuries in my arm and declaration of picture taken (My boss took me to a domestic violence place, they took pictures of my arm )

I- Statement of my boss who saw the injuries

J- Pictures of my oldest son injuries, his dad bit him

K- Copies of all restraining orders against my ex - temporaries and final after trial

4- Certified court order after trial w certificate of compliance w/VAWA

5- Evidence of Good Moral Character

A- Police clearance

B- California Dept of Justice Report

C- Orange county superior Court record (certified)

6- Evidence of Cohabitation (photos, bank accounts, etc)

7- School records of Children

File AOS myself after VAWA got approved,via FedEx 04/01/09 for myself and my two kids (included as derivatives in I-360) by the way, biological boys of my ex-husband Thad cancel our process

Hi Lostboy,

What I would do trying to reschedule the interview, (the process is not cancel already, right?) then file VAWA as soon as you can, what I know is that they will give you time until a decision is taking for your VAWA, explain to them what is going on. Do not miss the interview; on and they will cancel your process immediately and start removal procedures.

Best wishes for you,

Gabriela

hi Gabriela,

Too late, I could not reschedule it, because i have reschedule it for like 3 times. Today was my last time ( for initial interview) i talked to several lawyer, they didnt suggest me to go, because USCIS could detain me, what I did was I did send them a letter to stating, please withdraw my application and then another letter stating that I am file the VAWA case, please keep my I-485 and I-765 in pending process. I talked one of the attorney down, she is not available to assiste me until next thursday,

My question is. do you all file the I-360 yourself or you have an attorney to handle your cases?

thanks

Hi Lostboy,

What I would do trying to reschedule the interview, (the process is not cancel already, right?) then file VAWA as soon as you can, what I know is that they will give you time until a decision is taking for your VAWA, explain to them what is going on. Do not miss the interview; on and they will cancel your process immediately and start removal procedures.

Best wishes for you,

Gabriela

I am now divorced with my ex wife, and MY I-130 I-485 and I-765 ( approved)

Did you get your green card? If yes then you can't file VAWA petition. You need remove your condition from green card based on abuse or proove bona fide marriage.

Look on this forum for more information.

Niagra, sorry Application for I-765 is approved ONLY

I-130 and I-485 is pending, but I received an USCIS letter, if i do not go to the Interview TODAY, then they will denial my applications

Should I go there alone or should I ask them to withdraw my applicaton because I have a martial issues with my ex-wife

If i do go there alone, could they put me in Jail,or should I just wait til i received the letter for removal deparation?

please help!

Lostin!!!!!

Good for you, so happy wow!! you can get your driver license and live without fear. From now on just good news for you!!

You have been always in my prayers, God bless every action and decision you make!!

Gabriela

yay!!!! My EAD was approved today , I can finally work

Ghanamade....!

I was sure that by the end you will get it! I feel very happy, happy day for all of us!! finally you have a new start! Enjoy everyday from now on, I'm sure you already became a strong person! don't know what else to say, there is no words to describe how I feel! CONGRATS!!!! you deserve it

Best wishes for you and thanks God for everything!!!

Yey!!!!!!!!!

Gabriela

I JUST GOT THE LONG AWAITED EMAIL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :dance: :dance: THANK THE LORD JESUS CHRIST!!!!!!!!!!!!!!!!!!!!!!!!!!!

The last processing action taken on your case

Receipt Number: MSCxxxxxxxxxx

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Card production ordered.

On August 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

*** Please do not respond to this e-mail message.

Hi,

I have read alot lot about vawa, I got aproved last march, (after 13 months) about the EAD I believe that when the vawa is pending you are also eligible for an Employment Authorization Card. To apply, USCIS Form I-765 (Application for Employment Authorization) should be filed with the Vermont Service Center. Applicants should indicate that they are seeking employment authorization pursuant to 8 CFR 274a.12 ------> option c(14) and you should write a letter explaining your situation and the you need to work (don't forget the letter)

also:

When you got your vawa approved and you are or were married with a Permanent Resident and you need to wait for an immigrant visa number and file the AOS you are placed in deferred action are also eligible for an Employment Authorization Card. To apply, USCIS Form I-765 (Application for Employment Authorization) should be filed with the Vermont Service Center. Applicants should indicate that they are seeking employment authorization pursuant to 8 CFR 274a.12 ------> option c(14)

third:

When you got your vawa approved Self-petitioners who qualify as immediate relatives of U.S. citizens (spouses and unmarried children under the age of 21) do not have to wait for an immigrant visa number to become available. you can send your AOS to Chicago and you need to file:

I-485

G-325A

I-864W

I-765 EAD ------> option C(9) Medical Exam

So, if your VAWA is pending sent your EAD request to Vermont option c(14) (letter)

if your vawa is approved send your EAD request to Chicago option c(9)

I believe that If you had an EAD because you file an adjustement of status before end it was cancel, don't try to renew that one, try to get an EAD base on your pending VAWA to VERMONT option C(14)

Best wishes for you all!! please don't give up and BE STRONG!!!

So finally my case was touched today, they sent RFE today, waiting to see what they requested.. Wish me luck.

Everything is gonna be fine, maybe they just need the Good Moral Character and you are gonna get approve

Best wishes for you!!

received interview letter today for august 4!!!!!!!!!!!!!!!!!11

GhanaMade Congrats!!!! Very happy for you!! now get ready all you need to take to the interview, let me know how it goes, Best wishes for you!

Hi GhanaMade,

The interview letter tells you everything you need to take to the interview, I'm planning to take everything I sent for the VAWA, and all I sent with the I-485. Remember that the VAWA petition is approved already, so no panic!! (easy to say, I'm panic already) I believed that the interview is quick and they just ask some questions about the I-485 form and G-325A form

My list:

Passports (3)

My old Employment Authorization Card

I-864W Intending Immigrant's Affidavit of Support Exemption THROUGH VAWA

MEDICAL EXAM'S (the doctor gave me copies, just in case)

Marriage certificate / Divorce judgement (and translation's)

Birth certificates (and translation's)

Chronology of entries and exits

ALL NOA'S and everything I received from USCIS

OTHER THINGS:

Passport and k-3 visa for me (old ones)

Passport and k-4 visas for my kids (my exhusband cancell the process for myself and our 2 kids)

Copy of Naturalization certificate for husband at that time (exhusband now, he filed for the divorce when the restraining order was placed)

All restraining orders against my ex -Final after trial good for 3 years

Certified court order after trial w certificate of compliance w/VAWA

I-130 applications approved for myself and my 2 kids (and cancell later on for my ex)

Pictures injuries in my arm and declaration of picture taken (My boss took me to a domestic violence place, they took pictures of my arm )

Pictures of my oldest son injuries, his dad bit him

Statement of my boss who saw the injuries

GhanaMade, you're gonna get your interview letter very soon!!! Best wishes for you!!!

HAPPY DAY!!! Received My Interview Letter today! My two boys and mine, AND EAC'S YEYYYYYY!!!!

AOS

05-04-2009 - FEDEX AOS GABRIELA, BOY 1 AND BOY 2

05-06-2009 - DELIVERED SIGNED BY JOHN CHYBO 9:30 AM

05-13-2009 -CHECKS CASHED 1010.00 + 1010.00 + 600.00 (UNDER 14) OUCH!!

05-16-2009 - RECEIVED NOA'S I-485 I-765 (SIX ENVELOPES!!)

05-21-2009 - RECEIVED BIOMETRICS FOR 06-03-2009 ALL THREE CASES

06-03-200 - BIOMETRICS DONE

06-10-2009 - EMAIL - ORDERED PRODUCTION OF YOUR NEW CARDS THREE, MY TWO BOYS AND MINE

06-18-2009 - AGAIN!! EMAIL -ORDERED PRODUCTION OF YOUR NEW CARDS THREE, MY TWO BOYS AND MINE

06-22-2009 - THREE EAC'S IN THE MAIL

06-22-09 - RECEIVED INTERVIEW DATE FOR AUGUST 18 (MY BOYS AND MINE TOGERHER) SO HAPPY, THANK GOD!

Congrats Gabriela!!!! what are you planning to bring to your interview? i have no idea what to bring

HAPPY DAY!!! Received My Interview Letter today! My two boys and mine, AND EAC'S YEYYYYYY!!!!

AOS

05-04-2009 - FEDEX AOS GABRIELA, BOY 1 AND BOY 2

05-06-2009 - DELIVERED SIGNED BY JOHN CHYBO 9:30 AM

05-13-2009 -CHECKS CASHED 1010.00 + 1010.00 + 600.00 (UNDER 14) OUCH!!

05-16-2009 - RECEIVED NOA'S I-485 I-765 (SIX ENVELOPES!!)

05-21-2009 - RECEIVED BIOMETRICS FOR 06-03-2009 ALL THREE CASES

06-03-200 - BIOMETRICS DONE

06-10-2009 - EMAIL - ORDERED PRODUCTION OF YOUR NEW CARDS THREE, MY TWO BOYS AND MINE

06-18-2009 - AGAIN!! EMAIL -ORDERED PRODUCTION OF YOUR NEW CARDS THREE, MY TWO BOYS AND MINE

06-22-2009 - THREE EAC'S IN THE MAIL

06-22-09 - RECEIVED INTERVIEW DATE FOR AUGUST 18 (MY BOYS AND MINE TOGERHER) SO HAPPY, THANK GOD!

Congrats GhanaMade88! Very happy for you, Cheers!!

on june 15 card production ordered!!! thank you Jesus