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  • I 360

    Hi All,
    My husband in July of 2006 filed a VAWA with the Vermont center, and was approved in November of 2007.

    We were married during this pending process, and one person told us that he is no longer elegible to file the adjustment based on the 360 because we married.

    Please advise.

  • #2
    Hi All,
    My husband in July of 2006 filed a VAWA with the Vermont center, and was approved in November of 2007.

    We were married during this pending process, and one person told us that he is no longer elegible to file the adjustment based on the 360 because we married.

    Please advise.

    Comment


    • #3
      If you're another woman, not the 'USC or GC abuser' upon which the Form I-360 was based, he can adjust his status based on the approved I-360. Why, hasn't he filed his I-485 packet in November 2007 when his I-360 was approved?

      Comment


      • #4
        Time line is as follows

        I 360 filed - 6-2006, based on former spouse
        We met within these months
        We got married 9-22-2006, we were not told he would be ineligible
        360 Approved 10-2007
        We were then told we had to file I-130
        11-5-2007 filed I-130
        USCIS lost application
        Re-filed 12-25-2007
        1-19-2008 recipt notice acknowledging Nov 5,2007 file date

        now just waiting and wondering is this really the correct way?

        Comment


        • #5
          Hm..did you file I-130 on his behalf? or?

          I may be wrong, but as I remember in VAWA case I-360 (selfpetition) serves instead of I-130 (petition by relative). After the I-360 approval, beneficiary may file for adjustment of status (I-485).

          Now, it looks to me that he is persuing different avenue: adjustment of status through the marriage with you. If you are US citizen, he should have filed I-485 with your I-130.

          Wait for other opinios. I haven't looked into VAWA for ages.

          Comment


          • #6
            Hi, niji1, you said you were 'told by one person.' Who is this 'person'? I'm not judging but this 'person' may not be familiar with the ever-changing immigration landscape, or procedural nitty gritty.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by niji1:
              Hi All,
              My husband in July of 2006 filed a VAWA with the Vermont center, and was approved in November of 2007.

              We were married during this pending process, and one person told us that he is no longer elegible to file the adjustment based on the 360 because we married.

              Please advise. </div></BLOCKQUOTE>


              It is true. It is no longer necessary for you to self petition as you now have an immediate relative to do it for you.



              <span class="ev_code_BLUE">The rule further provides, however, that a pending spousal self-petition will be denied or an approved spousal self-petition will be revoked if the self-petitioner chooses to remarry before becoming a lawful permanent resident. By remarrying, the self-petitioner has established a new spousal relationship and has shown that he or she no longer needs the protections of section 40701 of the Crime Bill to equalize the balance of power in the relationship with the abuser. If the new husband or wife is a citize n or lawful permanent resident of the United States, he or she may file for the former self-petitioner's classification as an immigrant.</span> The self-petitioner also would not be precluded from filing a self-petition based on the new family relationship if the new spouse is an abusive citizen or lawful permanent resident of the United States. A self-petition filed on the basis of a new marriage will be assigned a priority date based on the date it was properly filed with the Service or based on the date a vis a petition filed by the current abusive spouse was properly filed with the Service. This rule does not allow a priority date to be transferred from a self-petition or visa petition based on a prior marriage


              I360 instruction

              excerpt from I360 instructions:

              NOTE: Divorce or other legal termination of the marriage to
              the abuser after the self-petition is properly filed with USCIS will not be the sole basis for denial or revocation of an
              approved self-petition. <span class="ev_code_RED">If you remarry before you become a lawful permanent resident, however, your self-petition will be denied or the approval revoked</span>.

              Comment



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