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I-360 abused spouse of USC

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  • I-360 abused spouse of USC

    Hi !
    I recently file form I-360 as a battered spouse of a USC. I received already Notice of Action letter from Vermont Service Center and I'm waiting for a decision on my case. My Employment Authorization will expire soon and I don't know where to file for renewal.In my local INS office ( in this case in Chicago )where I received my original card or with Vermont Service center?I will appreciate your help very much.

  • #2
    Hi !
    I recently file form I-360 as a battered spouse of a USC. I received already Notice of Action letter from Vermont Service Center and I'm waiting for a decision on my case. My Employment Authorization will expire soon and I don't know where to file for renewal.In my local INS office ( in this case in Chicago )where I received my original card or with Vermont Service center?I will appreciate your help very much.


    • #3
      You can not file for EAD or renewal of it based upon I-360 that you filed, because I-360 is just a petition, and in order to have EAD or renewal of EAD, you must have pending AOS, which you don't have anymore unless BCIS hasn't denied your pending I-485 yet.

      Since you haven't given any information about the status of your previously filed AOS case based upon your spouse's I-130, I don't know yet what has happened to that your AOS. I hope that your spouse hasn't withdrawn his/her I-13O yet that s/he has filed for you previously. If s/he has already withdrawn I-130, then your previously filed I-485 is already considered to be denied. But if your spouse or ex-spouse hasn't withdrawn his/her I-130 for you as of now, then you have very good chance to adjudicate your case [AOS, or pending I-485] very fast, because I-360 takes only upto 60 days to process anyhow. So, once it is approved, you need to send it's approval letter to local BCIS office to let them know that you want the processing of your pending I-485 [AOS] based upon your approved I-360 and not based upon previously filed I-130, that was filed by your spouse. So that you don't need to file another I-485, otherwise you would need to file I-485 all over again, which means- waste of additional money, documents, efforts, energy and again waiting for long time.

      So, don't renew your EAD right now, instead just wait. Once your I-360 is approved, you will be allowed to have EAD anyhow, plus any public help from State and Fedral govts. I must tell you a very good news. Just a few days ago a new policy is implented by BCIS thru ammending a law. Under ammended section 319(a), you could be able to file for naturalization after 3 yrs of becoming a permanent resident instead of 5 yrs as it used to be before, but it's only for those people who would get their parmanent status based upon approved I-360 like you if your I-360 is approved. However, you should know that I-360 is VERY hard to get approved. Good Luck.


      • #4
        Thank you very much for your detailed response.I must admit I didn't receive to much help from the poeple around me that's why I really appreciate your reply.


        • #5
          Sammy, I too thank you for your response. I am just a USC, whose wife is somewhat like Bobi, except my spouse made everything up. I have wondered why I could not get divorced, she refused. I now think that to get a waiver, to remove conditions, but not use Bobi's method, the 360, has made my wife remain married these two years, even though we seperated long ago. The 751(?) waiver, without pending divorce, or done divorce, seems preferable, to USCIS(?), in that they prefer you remain married, and file waiver. Using the 360, however, may shortcut things, but, if all the petitions are in place, already, a 751 waiver is a standard way(?). I do not condone misuse of any benefits, nor criticize anyone, here. I just have wondered about my wife. Her petition I withdrew, after her TGC, because she did defraud INS, and they know that, they have documents, and a letter, in her own hand, which is blatant.
          I do hope that it is not easystreet, to claim abuse. I ran out of money, using a lawyer. My plans are to let the court throw out the divorce, for the third time, from want of prosecution (she drags along). Then, she can sue me, next time, to start things. I will default, ignore her, not hire another lawyer, and tell the judge she had another man's child, then go on my way, no participation... I live in Tex, so it is commun. prop, no-fault. I have learned, in my case, divorce is different from immig. Get it over, get on with life. Forget about spouse. Get divorced. Forget revenge, feelings, just get divorced. And stay away from them. Mine claimed I was a threat, threw me in jail. once you seperate, seperate. Or run the risk of surprises, like abuse claims. I am through here, as now, I at least understand the various scenarios. Not knowing her status, or previous secret filings, like a 360, perhaps, since I am not privy to that information, that is disconcerting. I did what I did with INS, to thwart her, because she lied to me, for two years, and then finally, turned on me, when I found out. It broke my heart in uncounted pieces, and I cried over and over. At first, INS asked questions. I said I was Christian, and needed time to think, not to condemn. Then, months later, I was forced to tell them what i found out, after things got out of control. I still want to heal things, if only 1%, to write her, but that is a dream. Life moves on, and I cannot be bitter. I remember Kubrik's Clockwork Orange. Heaven was a party, where old adversaries finally laughed together. Older, wiser, but forgiving.


          • #6
            As Sammy wrote, having an I-360 Battered Spouse Petitioner is very difficult. For many foreign nationals, there are good reasons to apply for the I-360. Women, a few men, and children come to the US from their homeland thinking they will be safe with their new family. Shortly after arrival, they quickly learn that they are in a terrible relationship, have no support system where they live, and are subjected to all kinds of abuse and threats by the US spouse. Unfortunately, many of thse individuals are too scared and afriad file the I-360.

            Then there are foreign nationals for whom the Violence Again Women's Act (VAWA) means they can find a way to remain in the US when their marriage has not worked for one reason or another (which often means the foreign national used the US Citizen for the purposes of a US visa). These individuals file VAWA I-360 applications with false allegations of abuse and extremem cruelty for the sole purpose of finding a way to remain in the US when there are no other legal options. It is these people who make it nearly impossible for women and children who have truly been abused because BCIS knows how often the I-360 is used for fraudulent reasons. Unfortunately I learned this the hard way.......

            I met a woman in 2000 and filed a petition for K1 fiancee visa. I have young children and the entire time we knew each other before her arrival, she constantly talked of how she loved children and she could not wait to help me in caring for my children and things of that nature.

            In 2001 when she arrived here, the opposite happened and the marriage was a disaster. In short, we lived in the same house for 11 weeks. For 6 1/2 of those weeks we were husband and wife. Despite going to marriage therapy, her mistreating my four year old son so badly that his behavior significantly deteriorated at school and lieing to me about many other things--big and litte-the relationship ended after I found out she had been cheating on me as soon as two weeks after our marriage. She placed personals on at least three websites---advertising herself as a single mother who loved children and wanted a serious relationship(she had a son she left behind overseas).

            I offered to buy my ex an airplane ticket anywhere she wanted to go, inlcuding home. She decided to go to LA because "there was no way she was going to leave the US after working this hard go get in!" She asked me to go to her AOS interview and say we were still married and living together so she could get her green card. OF COURSE I refused.

            After leaving, she decided to make herself impossible to find so I could serve her with divorce papers....I ended up having to write to various agencies to see if there was any record of her address, including INS. One day I received a call from an INS supervisor. The supervisor gave me her new address and clued me in that this woman who supposedly loved me and my children had filed an I-360 claiming I abused her and subjected her to extreme emotional cruelty during our short marriage.

            I was completely shocked that someone would ever think of making an allegation like this against me. I have never struck, threatened, physically touched or even tried to harm someone...I think men who strike or threaten women or children repugnant and lower than scum. My ex asked our marriage counselor to provide her with a letter stating I subjected her to extremem emotional curelty. He declined to do that beause, as I was told, there was NO evidence to support it. Same thing happened with our family doctor who saw my ex two times to put her on psychotro[oic medications. It is my understanding her application was denied and she remains here illegally. Her INS file has been sent to the city where she now lives for "removal proceedings"

            Bobi, I am sorry to say it is people like my ex who file fraudulent applications that make it much harder for people like yourself who really need assistance and help.

            For anyone who reads this post that is in a violent or abusive relationship, you can get out and file an I-360. Please remember it is SO IMPORTANT TO document even the smallest incident of abuseor violence---documenatation can be going to a doctor, hospital, taking pictures of the bruises or cuts, calling law enforcment and even having friends keep a diary for you of what they observe. Without concrete documented will be nearly impossible get this kind of petition approved.


            • #7
              I'm sure there are people who try to use this method( filing I-360 ) in order to stay in USA.Actually I ended up filing I-360 because by pure coincidence there was a policeman in civil clothes who witness one of the attacks of my wife on me.I don't want to talk about the problems that I had this will bring up old memories about things I want to forget.I ask about my EAD renewal because I have to work to support myself I don't want to rely on goverment agencies for that but on the other hand if my wife already send a letter to INS withdrawing her Petition for Alien Relative I'm afraid that even with my I-360 pending with Vermont Service Center if I go personaly in my local district INS office for EAD renewal I could be put in removal proceedings.So now I really don't know what to do!


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