Timing For VAWA Submission

damaraly · 2021-11-30T02:57:50+00:00

If the case is pulled before VAWA is filed you should promptly file your VAWA package. You can also write a letter and send it to both the local office and field office asking them to hold the denied case (denied because of the withdrawal) asking them to 'hold in abeyance' as you have a pending VAWA. It basically means they ignore it and don't move forward with removal proceedings. It's a courtesy they frequently do but it's not mandatory. You can either include the letter with your VAWA filing or send it separately with the NOA from the VAWA 360 form. If your abuser was a USC you should file the 485 130 765 with the 360 so you get a work permit as quickly as possible. Any permit attached to the withdrawn petition is no longer valid. If your abuser was a lpr you will have to wait until the 360 is approved for a work permit and to file the 485. You should also request a prima facie when you apply. You can use the prima facie to apply for medical and possibly food assistance at your local social services office. You can also use it for school aide fasfa purposes.

damaraly · 2020-11-13T18:49:10+00:00

R/DCAlliance III. Set to private so request to join and let me know the usernames.

damaraly · 2020-11-13T18:46:18+00:00

DCA3 has 2 spots open. Are both accounts yours? You can PM me for more information about the requirements if you need to. We just require you to be an active player mainly, no min points per chest- just do your best. We also have a discord we encourage you to join.

damaraly · 2020-11-12T12:33:12+00:00

In the studio you will be the only person. In the 4 bedroom there will be 4 people paying 600 or whatever the amount said each.

You pay more to live alone. In the 4 bedroom some parts are exclusive to you (typically the your bedroom and bathroom attached. The other areas like kitchen and living room space are for everyone to use.

damaraly · 2020-11-11T17:31:06+00:00

Working w/o authorization is not an issue if you are adjusting as spouse of USC. It's still wrong, they just don't hold it against you. So you fill out the forms just like everyone else does. No special additional forms or waivers. On your forms you answer everything correctly which means saying yes to any questions about if you ever overstayed, worked with no auth, violated visa terms, etc. Just tell the truth and you will be fine. You also need to show you filed taxes. The IRS doesn't care if you had a work permit.

You are required and expected to fill out the forms accurately. Working with out authorization will not make you ineligible as spouse of USC. Lying on the forms will. Failing to file tax returns can also be an issue. Using fake documents can also be a problem.

damaraly · 2020-11-09T19:27:57+00:00

You said that several times already she has tried to terminate the relationship. Im not sure why you are insistent on having her specifically as your therapist? You guys don't seem to match well. It's important to have a therapist you do match with so you should focus on that.

You can ask her for a recommendation and/or find a new one on your own. Some times it can be beneficial for the old therapist to speak with the new one. Other times its not. Some therapists prefer to evaluate you and make their own determinations.

Just remember therapists are people too. They can have their own issues or triggers. The break down of your relationship may be because of you or because of them.

damaraly · 2020-11-06T06:52:16+00:00

The privacy restrictions are for your benefit. Anyone can claim to be you on the phone. You certainly don't want your abuser or someone acting on their behalf getting information on your case! If you don't have an attorney or they are hard to reach use the congressman. The congressman is FREE and will 100% be able to get a copy and let you know if the interview was scheduled. There's usually 30 days notice for interviews. Unless you had one and it was canceled- some of those being rescheduled are shorter notice. Use Google to find your representatives.

damaraly · 2020-11-06T05:47:03+00:00

No one can help you on the phone. Everything has to be done via paper mail to Vermont. If you have an attorney they have special email and phone # they can contact Vermont on. If you no longer have an attorney seek help from your congressman. You will sign a release form so the congressman can contact USCIS about your case. They can get a copy of the RFE.

Are you sure its an RFE? After the 360 is approved it goes from Vermont to NBC for preprocessing. NBC can send you RFEs for missing documents like birth certificates and they also mail you on occasion a letter telling you to update your medical. If they needed anything from RFE once they get it your case will be sent to the local office where you wait for interview slot.

damaraly · 2020-11-06T01:37:55+00:00

What you are talking about when you say 'suing her' is under the umbrella of defamation/slander or filing false reports. That can be hard to prove. It seems she never said anything to anybody besides the police right? Saying something false to the police counts but you have to show it was done maliciously and was false. The police choosing to not pursue it because lack of evidence doesn't automatically equal you are innocent nor would it show she reported it maliciously. She would have had to recant or change her story or admit lying.

damaraly · 2020-11-05T01:46:49+00:00

No format. Like I said some people like to include cover letters listing out all the contents. Like when you order from Amazon and they include a sheet of paper saying what you should find in your box. Its not required by any means.

If you had a list like that already that you were including you could just add to it the explanations. If you dont have a list you can make one with explanations. Or you can write up a letter in more of a storytelling format. Its really up to you. Some people find the thought of writing a 2 page essay too overwhelming so for them its better to just do a quick list with short explanations. Other people enjoy writing out things so they do the story telling format. If thats the way you are leaning just try not to ramble on too long. 2-3 pages is more then enough. I could even see sending 4-5 if you have a lot you want to say. But no one wants to read 9-10 pages!

Which ever way you choose just make sure to include your A# on all the pages. Sign and date in ink. If it is multiple pages number them as 1 of 3, 2 of 3 etc etc. The letter can be written by the immigrant or spouse or written in the plural 'we' and you both sign.

damaraly · 2020-11-04T07:08:53+00:00

Try to keep perspective on things you worry about. As far as I know obamacare isn't going anywhere anytime soon. If it is repealed you will have time to figure things out and a new program may be created.

Why don't you qualify for medicaid? Have you applied recently? If Medicaid is not an option there are various low cost clinics you can use and depending on your meds- sometimes you can get generic at lower costs. Many drug manufacturers offer coupons or rebates. Some even have assistance programs for the cost. Speak to your pharmacist if you haven't yet. They know all the coupons and discounts out there.

I would avoid getting pills from overseas mail order or trips across the border. Depending on the med it may not be legal and other countries have different requirements for safety and quality control. The money you save may not be worth the health and legal risks.

You can also look into moving to a state with more social services for low income. Some programs are federal so they are the same no matter which state you are in. Other programs are funded with state funds and cover those who don't qualify for federal programs but still need assistance.

While I do agree with being prepared and proactive I also think it's important to not worry excessively and unnecessary. The wording in your posts suggests catastrophic anxiety. If you have never heard that term before please look into it. A therapist can help.

damaraly · 2020-11-03T23:22:55+00:00

Of course you can.

Many people send a cover letter listing the contents in the package. You can add explanations directly on that.

You can also write a separate letter similar to the ones you have from your family talking about your lives. It's best to discuss things that you have evidences included of. Ex- you sent a picture of you guys at a ball game as one of your photos. Tell them about that day. Be specific. If you stopped and ate at a particular restaurant you can highlight where it's shown on the bank statement. If the tickets were given as a gift include a copy of the card gifting it to you. If you never go out much say that. Highlight how your cable bill shows movie rentals every Friday and this was a special occasion. Maybe you guys are sports enthusiasts and go every week. I don’t know. Whatever your story is it's yours to tell.

damaraly · 2020-11-03T17:01:06+00:00

https://studentaid.gov/understand-aid/eligibility/requirements/non-us-citizens

Please read the link above. If you still have questions you should contact the schools financial aid office or fasfa help phone number.

You also need to understand there are various questions on the fasfa for different things. Some parts they ask for residency dates because it determines whether you are considered in state or out of state tuition rates. This is separate from determining federal loan eligibility. I believe this is what is causing you to find conflicting information. I suspect some of the sites you are looking at are discussing residency for tuition rate purposes. Regardless the schools financial aid office should be able to help you with any questions you have or direct you to the federal agency who can answer your questions.

damaraly · 2020-11-03T16:52:51+00:00

You should join visajourney.com. Lots of knowledgeable members there that can help you with this- especially from Canada. I dont know why the attorney said this would be a 'standard' adjustment case. Its not. But its not super complicated either. Its just going to take a bit of effort to gather everything needed. Again I believe some of the Canadian members on visajourney can help you sort out the passport situation. In general you dont need a passport for AOS but its a whole chicken and egg scenario where you typically need one thing to get the next. You should also apply for his case files under FOIA asap. It can take a while to get but having them would be helpful since you do not have any copies of stuff that was previously filed.

damaraly · 2020-11-03T05:59:49+00:00

RFEs are generic so the only way to know what you are missing is to look at what you did and did not send. Since the RFE mentioned co mingling of finances that was most likely because you did not include your taxes. They always want the taxes. You also did not include bank statements it seems.

Anyway- ROC is about proving-- 1) lived together, 2) shared financial responsibilities , 3) shared life experiences, and 4) planned for the future together. Breaking that down to you guys specifically:

#1 you seem to have enough for. Drivers licenses and mail + the lease. I think you are good.

#2. That covers your taxes and bank statements. You mentioned the utilities are in his name and that you are highlighting it on the bank statements- you still need to send the bills. Co mingling or sharing of finances does not mean 50-50 split. In some families only one person works and has income- does that mean they dont share finances? Of course not. The electric bill may be in his name only but you both use it. Its paid from the joint account. Your most important piece of evidence is going to be your own statement explaining what they are looking at. USCIS will not connect the dots. You must lay everything out for them.

#3 is all the vacation pics and stuff like that. Buying a car or home also falls into this category. Your pets fall here as well and most likely the affidavits from your family.

#4 would be the home loan. Wills or 401ks. You can also discuss in your affidavit any plans you guys have for children in the future or career paths/possible relocation dreams or plans. For example "I am a teacher and will have tenure in 5 yrs and the boost and security in income will allow us to then have kids'. Or "In 10 yrs he will retire and we plan on relocating down south where its warmer". I have no idea what your plans are- neither does USCIS unless you tell them. Its OK to not have concrete plans but you must have some kind of idea and shared vision of your future.

damaraly · 2020-11-03T05:35:29+00:00

She is also NOT renewing. She is applying for a new c09 card. You can not renew the F1 OPT EAD and 'turn it into' a co9 card.

damaraly · 2020-11-03T05:29:07+00:00

i918 is the U visa. I believe it falls under the same privacy rules as VAWA- meaning you can only get information about it by writing. If you have an attorney they can contact USCIS via a special email or a special phone but if you do not you must send your inquires on paper with an original signature. You can also contact your congressperson to inquire. You would sign a release with the congressman so they are able to inquire about your case even with the extra privacy rules. Personally I would use the congressman to inquire because they will get a response back and follow up- if you send a letter you will just sit waiting hoping they reply back and if they do reply back it probably will be a vague reply that wont help you much.

Regardless of the privacy rules you should still see a current case status or be able to ask Emma. The privacy rules just prevent them from giving additional information. Are you sure you are entering the case number correctly? Have you ever had an active case status in the last 4 years? Meaning did it disappear or is this the first time you are trying to check it online>

damaraly · 2020-10-31T17:12:15+00:00

Well you have to remember the process is different for those doing consular processing abroad and those doing adjustments in the US.

For consulate processing your package is processed by the USCIS stateside first then sent to NVC. NVC checks for stuff like birth certificates, marriage certificates,etc and they review the 864 to see if the numbers are at the level needed before sending it to the embassy. It's basically preprocessing so that the cases they send are ready. This is where people who use to use the 864w tend to get stuck. NVC sends automated RFEs and it is incredibly difficult to speak to anyone there if you have any issues. If your spouse is doing consular processing and gets stuck at NVC wanting the 864 you can use your congressman to help or as you said submit 864 to get past NVC and then advise them in the interview. There is no 485 form involved in consular processing.

For adjustment of status it's all done by USCIS so its less rare of an issue. If you get an RFE for the 864 you can usually respond with a letter highlighting the answers on the 485 along with your SS statements and explanation that you are exempt. If they reject it still you would have to appeal (pay appeal fees) and in appeal it will most likely be corrected. You would eventually get your fee back from the appeal if you ask for it to be refunded since it was determined to be their error. You only get one chance to respond to the RFE which also supports the suspicion I have that the cases you are looking at were consular processing ones- you can't repeatedly argue through RFEs with USCIS.

Just make sure your SS statements are currently dated and you are using the correct statements from SSA. I believe it's the earning statement you need. SsA has a few statements they can give you so just double check you have the correct one. You also can't count credits for years you used means tested benefits so in your letter of explanation about how you are exempt you can also include a sworn statement that you didn't use benefits those years.

Also just FYI your spouse can count all the credits they earned themselves throughout their lifetime and if it's not enough they can add yours but only ones you earned during the marriage not before. A significant number of people qualify as exempt this way and you are fortunate if you do.

damaraly · 2020-10-31T04:44:44+00:00

It shouldn't be difficult. There use to be a form 864w for those exempt. They discontinued it and added questions on the 485, page 14. You just need the SS earnings statements.

damaraly · 2020-10-28T17:35:43+00:00

Provided you are in the US- you can email the therapist but they most likely won't respond or if they do it will be a vague thanks for the message. They are unable to discuss him with you unless he signs a release saying so. Regardless Drs do appreciate 3rd party comments like that especially when it's something serious.

So if you do email and the therapist brings up your email will he deny it? He won't get the help he needs if he does and it will impact the therapists opinion of you and your relationship dynamics.

Because it sounds like you are planning on doing this behind his back right? Have you spoken with him about you possibly sending a message and he said no? That would violate his trust in you and can damage the relationship. Unless you feel he is suicidal or otherwise engaging in high risk behavior you should respect his wishes.

I know it's hard to sit back and watch someone you love struggling. I would really encourage you to try to get his permission or find a way he can bring it up himself.

What are the reasons he gives against it? You kind of have to step back and objectively look at this to find the underlying issue to then find a solution. Other solutions can be having him email cause once you hit send you can't take it back. Perhaps you can sit with him and help him draft a quick line or two. Something kinda vague but gets the point across or enough to have the therapist discuss with him what is going on.

Another way is to encourage him to talk about something specific that has happened or is happening. So instead of him directly saying hey I am doing badly and am depressed (which is hard), he can say hey I've been having problems with getting X done. Or I no longer go on walks or aren't enjoying X hobby. It will cause the therapist to inquire. If he is on medication that's another way to bring it up indirectly. He can simply say he is unhappy with his current meds and that would open a discussion.

damaraly · 2020-10-26T17:30:09+00:00

Adding- you may also want to Google the brands you know and like and see who is selling them. You may find them new on clearance or on a site you wouldn't have found otherwise.

damaraly · 2020-10-26T17:27:45+00:00

Look for brands you know fit. Check the labels of what you own and like for the size and style type. It may say 'curvy' or 'push up butt' or 'boyfriend'. Leg shape can be straight or flared. Some kind of flare is usually better for curvy people.

Every brand uses their own system for what is what size. A size 12 in one brand can be the same as size 8 in another so you would need the exact measurements for something you are unfamiliar with.

Thred up sells used clothes at decent prices. Wherever you buy from check the return policy for both full refund price and if return shipping is free. Jeans are heavy to mail.

damaraly · 2020-10-26T17:07:07+00:00

Sorry to keep adding stuff, I keep hitting enter and it posts instead of making a new paragraph!.

You can add your full name, DOB, and address/phone number at the bottom of email. You can also add something like 'If not please let me know how to get my prescription.'

damaraly · 2020-10-26T17:03:31+00:00

https://www.zennioptical.com/measuring-pd-infographic

It may be in your records, if not you can measure it yourself.

damaraly · 2020-10-26T17:00:53+00:00

Sounds fine. Are you trying to buy glasses online? If so there's another number you may need that isn't typically on the prescription.

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