ForumTitleContentMemberSexCountryDate/Time
PhilippinesGOT CASE # MNL2013.....

Hi,

 

I called the NVC and finally get the case # then my fiance called again to verify if got a correct case # its the same. however he said you may NOT make an interview yet your paperworks is in process. wait for our notice. do we really have to wait for the notice??? i wana make this things done asap so we could relax. thanks in advance


macan0809FemalePhilippines2013-07-24 10:27:00
PhilippinesGot my case number and some question

oh we are on the same boat but i persuaded my fiance that we can set interview for august so we wont wait too much. sigh we have lawyer but his not very helpful im doing all the paperworks. good luck 


macan0809FemalePhilippines2013-07-25 11:31:00
Philippinesi felt a bit humiliated durig my physical exam

hi room 6. dr dmr. im also thinking that's maybe that's how she talk but during physical exam she's different. very professional. i could have taken it personally so much but one filipina said to me she also had a comment like i cant believe you marry an old ugly guy.plus they maybe have unanswered question to their mind. anyway im already good. thanks


macan0809FemalePhilippines2013-08-05 20:05:00
Philippinesi felt a bit humiliated durig my physical exam

to heytoot first interview. who is my petitioner, if im smoking, kung naospital n ko, tattoo etc etc after that you need to wear lab gown then whole body check


macan0809FemalePhilippines2013-08-05 07:39:00
Philippinesi felt a bit humiliated durig my physical exam

thanks im for vaccination tomorrow that's my main goal. yeah could be a good challenge for me!


macan0809FemalePhilippines2013-08-05 06:59:00
Philippinesi felt a bit humiliated durig my physical exam
i feltl a bit humiliated during my physical exam today. i could be wrong or  just been sensitive but it made me cry. i was not able to hold back my tears in McDonald near St Luke's clinic. it started when she asked me about vaccination and i said i didn't received any vaccination since birth.
doc. how come?
me. i spent my childhood in rural and during my 1st grade at school the nurse didn't gave me any shot.
doc. oh! its good thing that you were able to study( in sarcastic way)mabuti nman at nakapagaral ka.....who is your petitioner?
me. i said his name my fiance
doc. how did you meet?
me. through chat
doc. ang lalakas ng loob nyo! you were all courageous(sarcastic way) then i think she ask how do we communicate and i answered by chat then she said aba magaling! then physical exam....
i wanted to say something but i think of my fiance and just forget my pride.
 
NOTE: im just sharing 

macan0809FemalePhilippines2013-08-05 06:12:00
PhilippinesCFO BRIBERY COMPLAIN

yes please email the name of the person to that email add. if there are some agency in our country who is try their best to be bribe free help. its a simple way of loving our country. again trabe@cfo.gov.ph

 

and to the ladies out there be honest on interview its for your own good.


macan0809FemalePhilippines2013-09-24 08:35:00
PhilippinesCFO BRIBERY COMPLAIN

hi,

 

CFO doesn't tolerate bribery so if you experienced to pay someone in CFO to get sticker. please send the name of the person on this email add trabe@cfo.gov.ph i can guarantee you that they will do an action on this matter. Thank you and don't be afraid on CFO seminar if possible be honest to your answer they are there to help you.


macan0809FemalePhilippines2013-09-22 08:44:00
PhilippinesWorried about CFO
Thanks for all your replies. I've been stressing myself with worries how would my day go by undergoing the CFO only to know that people there were very nice, helpful and approachable. I was able to get my cert and stickers for me and my children around 12 noon. I have produced my divorce. papers when asked but they didn't make a big deal whether a Filipino was the petitioner or not of the said document. The seminar was helpful to some people who don't read much about the topics stipulated by the speaker. All in all, the only negative thing I could possibly say is that the waiting time was actually absurd. I hope the Government could look into this matter upholding the standard of this sector. An online appointment would rather be convenient and less of a burden for the migrants. Imagine some people go there at 12 midnight just to secure a place. It is very dangerous and just absolutely inconvenient. Again, thank you to one and all in taking their time in trying to give me answers with my silly worries. Now, it's time for us to book our tickets. My patient husband is now all smiles and very much excited. :dancing: :dance:

Ps
I will be filling my timeline very soon! :jest:
mrandmrsteeNot TellingPhilippines2013-04-25 11:40:00
PhilippinesWorried about CFO

Would you care to try for 'Commission on Filipinos Overseas'?


Oh yes! Got mix up reading a lot about this judicial recognition of foreign divorce. :oops: Maybe you know something about the required docs for this matter if you read something similar case to this.
mrandmrsteeNot TellingPhilippines2013-03-16 20:22:00
PhilippinesWorried about CFO

hmmmm yah i have gone to that seminar before and I guess you did also... thats why i wonder why you will have a problem there... they only conduct a seminar for you to get know how life in the USA and they dont have business to deny you of anything.... as long as your visa will be approve and thats it..... and forgive me for my question again, I'm not really good in geography.... where is bermuda? was it a U.S state or in a way a part of it? all i know know is the bermuda triangle,lol


Hi! Upon reading some or most of the experiences that is cfo related makes me worry. According to them, They were practically strict and asked for a lot of requirements. Someone even said that before you can be able to attend a seminar, you need to first pass a very crucial interview. Sounds nerve racking? Lol! I'm kinda worried about the requirements and all. I made a call a few days back and the girl I talked to told me that the divorce needs to be recognized first otherwise my second marriage would be null and void under the Philippine law. I talked to a public attorney re this matter and he told me that It can't be done since that law (article 26) was done to protect Filipinos/filipinas from a failed marriage to a foreigner, and that the foreigner must be throne filing for the divorce. I couldn't fit in that category because I was married to a Filipino and I was the one who filed the divorce and I'm a Filipino as well. Oh well, I think I just have to go there and see. Anyway, bermuda is part of carribean island. It is a UK territory. There is premier not president. Under the government of queen Elizabeth. the location is actually just 2 hours off New York and 6 hours off London but still is a UK territory. :)
mrandmrsteeNot TellingPhilippines2013-03-16 18:11:00
PhilippinesWorried about CFO

what is CFO? how did u get to bermuda? by tourist visa?

Commission on foreign affairs. Anyone that was granted a visa will undergo the seminar which CFO conducts. And if and when you have your visa with you, that's the only time that they give the sticker which you need inorder fir you to travel. I went to bermuda to work. Been a resident there for almost 5 years Thus anyone that is a resident for more than two years have the right to apply for the divorce.

Commission on foreign affairs. Anyone that was granted a visa will undergo the seminar which CFO conducts. And if and when you have your visa with you, that's the only time that they give the sticker which you need inorder fir you to travel. I went to bermuda to work. Been a resident there for almost 5 years Thus anyone that is a resident for more than two years have the right to apply for the divorce.

Sorry, commission on foreign overseas I should say.
mrandmrsteeNot TellingPhilippines2013-03-16 04:46:00
PhilippinesWorried about CFO
Hi! This is my first time to post a topic but it has been a while that I've been browsing for answers in relation to the processing of my petition as a spouse of a USC (cr1) and for my kids (cr2). And it was very helpful to us. Let me just wrap up the introduction. Our petition was filed August of 2012 and after all the ins and outs of documents with the help of our preparer we already have the appointment interview on April of this year. I read a couple of topics regarding the CFO which honestly speaking made me worried about getting it after the visa issuance (hopefully). anyway, I was married here in the Philippines with a Filipino. We have been separated for 8 years (not legally) I filed my divorce in bermuda where I have worked and got married with My then fiancé who is a US citizen. The wedding ceremony was held in bermuda as well. Now I'm back home in the Philippines and waiting for the interview. I have inquired the Cfo office and told me that the divorce must be filed to be recognized in the Philippines and that it must be filed through a court proceedings. Upon reading the article 26 which she also told me, my case is different because I am and was married to a Filipino. And we are still both Filipino at this time. I have talked to a lawyer and same thing he told me that I can't file it in a local registry or in any court since I am a Filipino and I was married to a Filipino. Thus, there s no philippine law that cover the recognition of it. well, I am more worried with this than that of the US embassy interview. if anyone can enlighten me with this will be highly appreciated. is my divorce decree in original form and my authenticated by the Philippine embassy marriage certificate in original form as well enough for them to let me and my daughter undergo the seminar so as to be able to get the sticker from them? :unsure: :help:
mrandmrsteeNot TellingPhilippines2013-03-16 01:39:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMedical and interview for k1 visa

Thank you for your kind reply. Please do guide me if you have time on how I'll be able to have a medical appointment in advance at St. Luke's without waiting for long for the medical and interview letter to come out. I thought this is not possible as both of my children are all in the US already and I actually just followed evry instructions.


You are very much welcome. Just hit me up if you have any question re medical. I'll be happy to help. Good luck!
mrandmrsteeNot TellingPhilippines2013-03-16 18:42:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMedical and interview for k1 visa

When all your requirements had been completed at the NVC, how look it was before they gave you your medical and interview appointment? was it weeks or months? Hoping for your reply.

Hi! Let me answer that for you. I didn't have the medical appointment letter. Only the interview appointment letter I received through email from the NVC. I decided on my own when to go and have my medical done since it is a first come first serve basis. From the time NVC emailed me that I have a case complete to finding an interview slot for me was a total of 4 business days. And the date they were able to get for our interview was between 3-4 weeks from the date they have emailed me the interview appointment letter. Hope I was able to answer your question. Good luck!
mrandmrsteeNot TellingPhilippines2013-03-16 18:25:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMedical and interview for k1 visa
We just finished our medical last Thursday and all I can advice is for you to bring the necessary documents which are posted on their website. Bring copies of each. If you have copy of immunizations or if you were sick and was confined more specifically lung problem, you should bring certification from your doctor what you had, medicines you took, operation made, results etc. everything that you need to report must be properly documented and must be certified by the physician. These documents would be very helpful for you. Otherwise, as long as you're healthy and not by any chance exposed to people that have lung problem then you're good to go. You will know everything on the second day. If they give you the immunization then it only means that you passed all the exams that were done. Don't forget to eat before leaving your house because food is not allowed there. Good luck!
mrandmrsteeNot TellingPhilippines2013-03-16 03:11:00
Philippinesmy husband hold in manila immigration
I assume because her husband is an AWA offender.
ConvertsFemale02014-04-20 12:39:00
Philippinesmy husband hold in manila immigration

 
That would do it, but he already got in 3 times.  Why now, on trip #4?


That's probably the same question asked by a lot of people under AWA that got denied entrance after their 4th or 5th trips, or maybe more to the Philippines.

ConvertsFemale02014-04-19 08:56:00
Philippinesmy husband hold in manila immigration
No offense, OP, but is he under AWA (Adam Walsh Act)?

If he is, read: http://www.visajourn...y-to-some-rsos/

If he's not, I'm not sure why they denied his entrance to Manila. There's gotta be something that he's not telling you, or it's just a misunderstanding/ mistake on Philippines immigration officers.




ConvertsFemale02014-04-19 08:39:00
PhilippinesOctober 2013 NOA2's --> NVC received dates

I checked one week ago and the next available appointment was November 25th. I have no idea how December could fill up so quickly all of a sudden! I am going to call the embassy this evening, their morning - to find our whats going on. This is crazy!

 


tom95843MalePhilippines2013-11-20 16:25:00
PhilippinesOctober 2013 NOA2's --> NVC received dates

NVC sent date: 11/19/2013

 

First available appointment = January 28th?!?!?!?! OMG!!! I need a December appointment! I desperately need a cancellation to occur cray5ol.gif


tom95843MalePhilippines2013-11-20 15:46:00
PhilippinesOctober 2013 NOA2's --> NVC received dates

Here is my info:

 

Service Center: California Service Center (CSC)

I-129F Sent: March 6th, 2013

I-129F NOA1: March 11th, 2013

I-129F NOA2: October 21st, 2013

NVC Received: Friday November 15th, 2013

MNL number generated by NVC: Monday November 18th, 2013 (today)

NVC Left: TBD (hopefully before Friday November 22nd)

Interview date: Hopefully before December 15th (if any interview dates are left)

 


tom95843MalePhilippines2013-11-18 17:13:00
PhilippinesManila US Embassy Interview Dates Available as of October 25

I have been trying to schedule an interview in the December timeframe for several weeks now. My fiance and I have plans to get married on December 31st, 2013 here in California. We were only able to lock in our interview date on February 27th, 2014 since December was prioritized for everyone in the impacted typhoon areas. Does anyone know if the embassy in Manila accepts walk-in interviews? I just spent a couple thousand dollars on a last minute airline ticket and will be flying there this weekend on December 14th. On Monday December 16th, I will go to the embassy with my fiance and hope they allow us to have our interview even though the appointment date is Feb 27th. I've read a couple places that they do accept walk-in interviews, but I have not seen it posted anywhere on their website. I tried calling but their phone lines are constantly busy. If anyone has any info on this topic or know of anyone who has successfully had a walk-in interview, I would greatly appreciate your feedback!

 

Thanks,

Tom


tom95843MalePhilippines2013-12-09 13:41:00
Removing Conditions on Residency General DiscussionI-751 evidence advice

Once someone gets a GC, they are supposed to live in the U.S. for at least 6 months every year, if not their green card expires.

Where are you getting such information?  The issue at hand is abandonment of a green card.  There is nothing in the INA (Immigration and Nationality Act and FAM (Foreign Affairs Manual) that states you must be present in the US 6 months out of every year or else your green card expires.  As long as the actual green card hasn't expired you can theoretically check in for one day and be gone for the other 364 days.  Likewise, you can be gone for one day and be considered to have abandoned your status, although I have never heard of such cases.  

You can get very detailed information this works at:

https://cliniclegal.... LPR Status.pdf

 

USCIS states on their website:

http://www.uscis.gov...anent-residence

 

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

  • Move to another country intending to live there permanently
  • Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
  • Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
  • Fail to file income tax returns while living outside of the United States for any period
  • Declare yourself a ?nonimmigrant? on your tax returns

SatelliteMaleRussia2014-07-11 15:40:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsSeptember 2012 I-130 filers

What nazet has posted and some others is making me ask this next question - could it be that sometimes people get a notice that it was accepted, but it does not include in the same notice that it was transferred?

For instance, this is the email I got:

Your case has been accepted and routed to the USCIS National Benefits Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number XXXXXXXXXXXXX. With the official Receipt Notice (Form I-797) you may visit www.uscis.gov where you can check the status of your case using My Case Status. We suggest you wait until you have received your Form I-797 before checking My Case Status.

Ok so there it says in the same sentence "accepted and routed"...whereas for others it seems to go in many different ways. Anyone have enough experience with this? Who got the same message I did? Also, I've read that some of you have said that the My Case Status doesn't work for you, and some have said that it doesn't always work for everyone. Well, I guess I'm one of the unlucky ones cause it doesn't seem to work for me.


We've got the same as you, except it was filed in the USA.. we don't live overseas.

We also got an MSC number and can't check it's status online :( also means waiting longer for our expedite request to go through due to hubby's military orders. I'm not sure if our expedite request sent with our I-130 is what has made it be sent to NBC directly.
ecg19FemaleNew Zealand2012-10-10 09:36:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsSeptember 2012 I-130 filers
Hi everyone,

My case has also ended up at NBC. Can anyone tell me, do you all have 'MLC' as your case number?

My husband called USCIS last night to try and get our case expedited due to a military overseas posting, but they said if we have an MSC code that we can't check it online???

Edited by ecg19, 05 October 2012 - 10:18 PM.

ecg19FemaleNew Zealand2012-10-05 22:11:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsSeptember 2012 I-130 filers
Sent 9/29/12 to Phoenix lockbock
ecg19FemaleNew Zealand2012-09-30 15:01:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsOctober 2012 I-130 Filers

What's the Military expedite? My wife is in the Army and I'm in the Belgian Air Force


If your wife has received orders to deploy or PCS then you can request a military expedite to speed up the process to have the beneficiary arrive in time for outprocessing.
ecg19FemaleNew Zealand2012-11-08 07:26:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsOctober 2012 I-130 Filers

Hi All,

I find myself obsessing, because none of us can give or get feed back on our cases. I hope that once we are finaly able to view our cases we will discover a lot of progress has been made.

Mind you I would be perfectly happy if a hard copy NOA-2 arrived in the mail tommorrow and I had never seen my case on line!

we filed 10/02/2012 (USC abroad)to Chicago Lock box
NOA-1 hard copy MSC nuber with a priority date 10/09/2012


Hey buddy,

I've been doing this process from Perth, although through Auckland.

Let me know if you want any help :)

Good luck!
ecg19FemaleNew Zealand2012-11-08 05:34:00
Removing Conditions on Residency General DiscussionDoes I-751 waiver relate to VAWA?

Here's what I want you to know: if you have documentary evidence of abuse, file to remove condition based on abuse waiver. That way, you'll not be required to produce divorce decree. If you choose to file both waiver, you will be attempting to do too much. It is that simple. What is so difficult for you to understand? It's not about too much story!

Well you obviously don't understand what is written very well yourself... Where did you see me say that they should check both divorce AND cruelty? Nowhere? Haaaa that's unfortunate!

On the contrary I clearly separated both options (Scenario 1, and Scenario 2).

 

Now with regard to your assertion that checking the extreme cruelty box would trigger an interview, it is again something you assert, like so many people on here, without one tiny piece of proof.

 

In my case and in my son's case we BOTH checked "extreme cruelty", we both got approved in 4 months, no request for evidence and NO INTERVIEW, we received our cards in 4 months PERIOD. It does not really add up with what you say, don't you think...? 


Edited by AT20000, 14 August 2014 - 04:33 PM.

AT20000FemaleFrance2014-08-14 16:27:00
Removing Conditions on Residency General DiscussionDoes I-751 waiver relate to VAWA?
 

Onye uwaoma I forgot to answer one of your points: Why assuming that proving cruelty is "laboring so hard"? For someone who has really been abused gathering proofs of "extreme cruelty" IS MORE THAN DOABLE. Better, extreme cruelty for a ROC actually lowers the burden of proof of mingled interests in bona fide marriage. 

 

One simple example related to the increased difficulty of proving "mingled interests" as a proof of bona fide marriage in a ROC-divorce case for a DV victim: As a divorced applicant you need to provide proof of former marital life PLUS proofs of former mingled interests: common bank account statements,  testimonies, property in common, credit cards with both names, holidays pictures, leases etc...

-Guess what you PRECISELY DO NOT HAVE when married to an abuser?.... PRECISELY bank statements,  testimonies, property in common, credit cards with both names, etc! Why that? Because this is how 99% of abusive spouses prevent their victim from escaping! They keep all money, property, credit card etc to their name ! So HOW do you prove "mingled interests" when you have been abused and you want to self petition for divorce instead?Huh? Well... YOU CAN'T! So this is the best way to be denied for insufficient evidence of bona fide marriage.

 

That right there shows how beyond stupid and dangerous it is to advise a person who has been abused and has a case, to go for a ROC-divorce instead "because it is easier" It is NOT easier, as proven here, it is harder! 

Besides, to underline again the blithering stupidity of this "check divorce box instead" advice, USCIS officers (who are trained on this type of support: Power and Control.pdf look under economic abuse ) treat these self-petition applications with a standard that is being called the " Any credible evidence standard" meaning that to alleviate the difficulty for the DV victims to gather documents, USCIS accepts a VAST VAST range of acceptable proofs. I will quote the LAW about  "extreme cruelty waivers ( Immigration and citizenship act 2011 part 4 of the § 216 (8 USC 1186a))

: "In acting on applications under this paragraph, the Secretary of Homeland Security shall consider any credible evidence relevant to the application".

 

Now you know, considering the level of the replies I read on here, if anyone can counter that with another law, they are more than welcome to do so, on here by quoting this other law ( i.e not by telling another baloney pure figment of their imagination) but if they have no LAW to quote or other OFFICIAL text ( i.e: memo from USCIS, INA, etc) they may want to keep their mouth shut instead of supporting USC batterers by misleading the victims of their crimes . I am not interested in debating with incoherent people holding an incoherent reasoning. So far 100% of people I have heard repeating in a loop that "extreme cruelty is hard to prove", either have a politic agenda AND/OR have NEVER been through this very process themselves, they have no official list of documents, no official guidance memo in hand to support what they say ( while I do), no NOTHING, and yet you hear them trumpeting all around that "the burden of proof for extreme cruelty is very high". B-A-L-O-N-E-Y!

 

Hey! I have been there MYSELF. No later than last January, I have put together not one but TWO ROC-extreme cruelty files ( mine & my adult son's). BOTH of them have been approved in 4 months without interview or even a RFE, so I don't just assume, I just did it and I got accepted. It barely took me a day to gather & organize proofs, and to build the 2 declarations around the proofs I had. I took an hour or so the next day to review the whole file, that is ALL. ONE DAY of work a "hard labor" for a 10 years Green card ( and some peace of mind)? Even if it had represented 10 days of continuous work, no biggie.  Or we might not have the same definition of what "hard labor" is maybe...

 

 


AT20000FemaleFrance2014-08-14 16:19:00
Removing Conditions on Residency General DiscussionDoes I-751 waiver relate to VAWA?

 

I'm planning to apply with the I-751 under option 1.e Waiver that says....

 

 

" I entered the marriage in good faith, and during the marriage I was 

 

   battered, or was subject of extreme cruelty, By my U.S Citizen or permanent

 

   resident spouse"  

 

 

Now we all know that with regular Waiver on the I-751 if you have been married less than a year, we all have to wait  5 years total before applying for the citizenship. 

 

However, some have said that EVEN THOUGH if you have been married LESS than 3 years, that if you apply with Option 1.e that it would be SORT OF CONSIDERED as if it was a Vawa case and thus REDUCED the number of years you have to wait before submitting your N-400 application. 

 

In my case it would be 3 years total (2 years of my current green card + 1 more year to wait) before I can submit my N-400. 

 

 

Any facts about this? 

 

 

Any ideas about this? 

 

 

Anything would help. Thank you!! 

 

ABSOLUTELY there are facts and as said on this memo, it seems that it is 3 years ( not 5) in my case and in yours :

Chack this USCIS memo: http://www.uscis.gov...c319a012705.pdf


AT20000FemaleFrance2014-08-12 18:39:00
Removing Conditions on Residency General DiscussionDoes I-751 waiver relate to VAWA?

Sorry but I don't think you really understood what I demonstrated AND what is the ulterior motive of many people here. Also when you assert something, how about you support that with documents/links? For example many things that you say in your post are outright false and you would have noticed should you have verified.

 

First point: I understood very late in the process that many people, USC hiding behind profiles from all around the globe, are not here to help the LEGAL immigrants community, but to spread false "information" in order to mislead LEGAL immigrants. They are either anti-immigration militants or vengeful people who were dumped by a foreign spouse. They lost their marbles and all decency altogether because frankly, taking it out on LEGAL immigrant Domestic violence victims, is both stupid and disgusting. Last world champion class but equally odious, some are here to boost their pathetic ego by posing as the expert they are not, while they have truly no clue of what they are talking about. they have not VERIFIED the "information" they give, they have not gone through this process themselves, they either have read some baloney on another forum and are parroting it, or they plainly fabricated what they say. Anyways, whether it is to pamper their ego, to assuage their desire for vengeance or to serve a political agenda, it is despicable to an unbelievable point.

 

Second point: I am talking about TRUE DV victims ( i.e: not the one who claims abuse because their spouse refused to buy a red car and bought a grey one instead). So with regard to TRUE DV, IF someone is somewhat articulate, it is NOT difficult to gather hospital bills and reports, 911 call reports and transcripts, testimonies, written threats, proofs of financial abuse and lastly to put together the main part in a cruelty ROC which is the victim's statement ( corroborated by the exhibits here above listed ). USCIS makes it very easy ( I have posted the list of documents one needs on another post but feel free to ask by PM)

 

Third point: I don't know where you got your "information", but what you say : " It goes to the adjudicators at Vermont at the VAWA unit to review. As they are the only ones trained to review abuse cases" is TOTALLY false ( you are basically making my point: taking some time to verify an information BEFORE asserting whatever is always, always better than being assertive without knowing).Here is what happens for real: ROC cruelty files go to Vermont OR to California depending on where you live ( and I have a very good source for that as MY OWN cruelty file went to California, not Vermont. And get this, I happen to know someone in my situation but from a different state whose file ALSO went to California). That said, how in the world, the fact that a cruelty file is sent to a specific SC, could make its adjudication more difficult? It does not make sense, unless you can explain HOW difficulty and location can POSSIBLY be related. In reality, when one of the 2 SC falls behind their schedule, files are transferred from one SC to the other ( has happened to the person I just mentioned, she was transferred from Vermont to California)  As for your ABC classification hum... By all means, my own case was not perfect at all to say the least as for example, at the time of the filing, I have not left the house and my USC husband did not cause any serious physical wounds that could have qualified me instantly.  BUT I got approved in 4 months without the slightest interview.

 

That being established ( and no matter what can be blathered on here by the above described self-proclaimed "experts");

1 - USCIS ALWAYS wait until the divorce is final to process one's ROC request. (So the delay is ALWAYS divorce processing time PLUS ROC processing time)

2 - Most states have mandatory wait time, several months on av. & up to TWO full years to finalize an uncontested divorce ( Illinois for example) which has to be added to the USCIS processing time.

3 - Average processing time ( Vermont or CA) for cruelty cases according to USCIS: 6 months ( in my case 4 months). PERIOD 

4 - Average processing times (Vermont or CA) for divorced cases according to USCIS, 6 months to which divorce length should be added.

5 - A divorce can drag for years, above all against an abusive spouse & USCIS' RFE will ask for the final Div. decree, so no way to get a ROC without it!

6 - Abusive spouses tend to use immigration process delays to create issues that can jeopardize the victim's legal status ( frivolous court complaints, etc)

7 - Gathering a cruelty file IS NOT DIFFICULT if the victim is a bit organized, goes to a DV association, gathers the documents along the course of the events ( ask for your copy of medical records, of shelters, of counselors reports, testimonies, etc) and takes time to write the central piece: the victim's detailed declaration. In addition, gathering proofs of bona fide marriage is not difficult either ( I have attached 3 pics of his parents and me attending an event together and the last Christmas card they sent with all our names on it, plus the insurance with both our names, end of the story.)

8 - Filing for cruelty allows for the victim to file for a fee waiver.

9 - Filing for cruelty allows for the victim to file totally unbeknownst to their abuser = security +++

10- It allows the victim to prepare for leaving their abuser without the abuser being able to figure anything of what the victim is plotting = security +++

11- The victim can file for a restraining order as soon as their card has arrived and leave the house on the spot, it is immediate = security +++

12- Last but not least being granted a ROC on cruelty basis allows for a citizenship application in 3 years instead of 5 ( see memorandum of USCIS )

 

May I add to that the interest of telling the truth to the US authorities? I have quoted USCIS documents in this message so I hope that people will have AT LEAST the decency to read the documents and to NOT discuss these points ( contradict USCIS written rules that I quoted would be flat stupid indeed but, I have read so many absurd things on here that it would not surprise me to tell the truth). Now with regard to what I KNOW about THIS specific kind of ROC,  in my own cruelty ROC case few months ago (January 2014), being honest with USCIS has been VERY rewarding, my fee waiver got approved immediately and I had my ROC in FOUR MONTHS... IF I had filed for divorce first, then for ROC I would STILL be waiting for my ROC by now.  Working few hours on my ROC file saved me from 12 to 16 months of a grueling wait.

 

 

 


AT20000FemaleFrance2014-08-12 18:29:00
Removing Conditions on Residency General DiscussionDoes I-751 waiver relate to VAWA?

Why on earth repeating "you are better off filing for ROC with "divorce" than checking "extreme cruelty" because it is SOOOOO difficult, It is SOOOOO long, level of proof is SOOOOO high" blah blah blah.... People repeat that in a loop because they heard that on another thread where the writer heard that from someone else, who heard that from someone else, who heard that from someone else etc...  And in fact they have NO precise idea , not even the draft of the list of what one REALLY needs to meet the so called high requirements. So you read things like " if you haven't been physically hurt (stitches, cast, etc), you don't qualify" WRONG!  And all these rumors only serve ONE person: the abuser.

 

Well, I happen to have this list of required exhibits thanks to an advocate of the DV hotline who got me directly in touch with a training manager in this specific matter. This wonderful lady took the time to send me this list and explain to me over the phone how proofs are being evaluated. She has been a life-saver.

 

Think about it for a minute: Why would "extreme cruelty" ( above all  with proofs) throw you into an interview process that SHOULD be harder than just a regular divorce? What is more suspicious ? Someone who gets a divorce out of nowhere in 2 years of being here, or someone who has been subjected to proven cruelty and HAD TO DIVORCE ASAP for their own sake? If someone has the proofs of an abusive marriage why would an interview be even an issue?

 

 

Now, since I have been there, done that and heard the very same rhetoric in a loop.  Here is how it works:

 

Scenario one: you just check divorce on your ROC application. USCIS is going to wait until your divorce is final to consider your ROC case. Now remember, we are dealing with an abuser and how long it takes to divorce from an abuser? Well, in most cases, a lot longer than average because his divorce lawyer is going to threaten you to delay your ROC pending case over and over until you accept a bunch of things you do not want (shared parenting, no alimony, etc)... Shared parenting is the best leverage the system has given to the abusers. They get to force you to live close to them, interact with you, threaten you to abduct the kids etc etc.

A quick divorce takes about a year (mandatory wait period of 6 months to show the judge you really tried to work things out, and scheduling your case for the final hearing takes about the same amount of time.) The risk is that the abuser is going to hold on to ANYTHING that could possibly delay the divorce and put you under duress in order to get their revenge from this effing b*** who dares to dump them. So they will ask for mediation (+ 3 months), custody evaluation (+ 6 months), they will sue you over deciding of the separation date because you are not financially responsible after this date. They will stall (+ 3 months), object, ask for more evaluation (+3 months), financial record etc etc... Oh and if they file for bankruptcy, the family court will wait until your bankruptcy case is judged to proceed with the divorce case and USCIS will wait until your divorce is final to process your ROC case... .

 

In the meantime you receive a one-year extension and at the end of the extension but will not process your case. One year later, you will either receive a request for your divorce decree or you will have to go to an appointment at your USCIS office to let them know what is going on with your divorce. If you do not have a divorce decree in hand at the time of this letter/appointment, USCIS will attempt to either deny the ROC ( you will have to file for an appeal and your lawyer will make 5000$ more and they love that!) or they will send another extension. Your abuser has plenty of time to sue you again, file false accusations that would affect your case which will be taken seriously by the USCIS as in this scenario, they have NO idea that you were being abused and that your abuser is using THEM and the family court system to seek revenge from you (another appeal, more lawyer fees) etc... You are looking at 24 to 36 months minimum of pure mayhem with difficulties to rent a place, find a stable job or stay in college, because you have only few months left on your extension and this will come back and bite you in the ####### during the divorce and for the ROC, Your lawyer gets richer, you get poorer, you get more vulnerable and you STILL don't have your 10 years GC....

 

So when a ROC applicant has the proofs of the abuses what is point in putting yourself through all that bull?.

 

 

Scenario two: You check "extreme cruelty" Now USCIS KNOWS that you have been abused so first your case will be reviewed by VAWA adjudicators  ( because they have received a specific training) AND whatever your soon-to-be-ex-spouse tries, they"ll look at it through the "Yeah-right" filter rather than the "this-is-a- bad-immigrant-who-defrauded-the-oh-so-poor-USC" filter. And it makes a huge difference in the outcome.

Let's talk the truth here, lots of USC have gone completely paranoiac with the creepy legend of the-bad-immigrant-that-cons-them-into-a-fake-marriage. This is totally nonsensical above all when the spouse comes from one of the world top ten democracies, but the problem with common sense is that "Common sense is not that common" (Voltaire)... Then, there is also the huge lot of USC who are uttering or just hinting these immigration fraud accusations as a way to shut their foreign born spouse off during arguments or use it just as a way to hurt, threaten or retaliate. I'd be curious to see how many foreign born spouses would swear on their children's life that their USC spouse has NEVER EVER dropped such a hint at least ONCE... Anyways, this is on everybody's mind here so better make sure to place your case in the "yeah right" box.

 

Second advantage: Your case will probably take a little longer than a married couple filing jointly BUT not as long as the wait until your divorce is final followed by the ROC normal processing time. This "cruelty provision" has been created to allow battered/abused immigrant to cut all ties with their abuser ASAP. Once you have filed for cruelty you can file for RO, separate, divorce, move to the other side of the country NONE of that will affect your case.

 

So to answer your questions (sorry it was long but people need to stop advocating against VAWA and extreme cruelty just because of hearsay as it actually causes a lot of harm to real victims) :

 

1) No I have not received the same letter from USCIS, I have received a receipt notice. I have filed for "extreme cruelty" on Jan 20, I have been granted with the fee waiver 3 days later, I have received my extension 30 days later (delayed by post office otherwise they issued the notice within a week) and I have received my biometrics appointment notice 40 days after filing. (time between filing and fingerprints: 2 months). Yes the local office can decide if they want to interview you or not (it goes the same way for a married couple ROC also. Some are being approved without interview, some are called in for an interview)

 

2) No it is not "assorted of VAWA", all cases of extreme cruelty are reviewed by VAWA adjudicators because they have been trained in identifying the proofs and evaluate if they meet the burden of proof individually or together ( some proofs meet the burden directly, some need to be confirmed by other proofs in order to reach the level). Just so you know and according to Victim Assistance Network, what is central is YOUR affidavit, above all if it is supported by documentation ( I have written my story and given police report, hospital report, DV group attendance log form and therapist report plus other proofs of other abuses such as refusal of dental care -while he has one for himself- isolation, deprivation of an possibility to work etc.) I have the full list of documents, I can send it to you by MP if you want. Feel free to ask.

 

Hope this help.

 


AT20000FemaleFrance2014-04-25 20:57:00
Removing Conditions on Residency General Discussioni-751 January 2014 filers

YESSSSSSSS! :joy:  :joy:  :joy:  :joy:  :joy:  :joy:  :wow: 

 

On May 6, 2014, 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 at 1-800-375-5283.

 

I have filed for ROC under extreme cruelty on January 20, got my biometrics on March 19, approved on May 6.  I am relieved, free, saved and literally born again  :energy: !


AT20000FemaleFrance2014-05-09 16:28:00
Removing Conditions on Residency General Discussioni-751 January 2014 filers

Did anyone file for ROC on their own for extreme cruelty? Or am I the only one in this situation in January?


AT20000FemaleFrance2014-04-24 21:19:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsJanuary 2014 Interviews
Thnxx dwheels76..... But according to visa bulletn jan 2014 the cut off dates for F2A catagory in india is sep. 8
PiplaNot TellingIndia2013-12-18 21:21:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsJanuary 2014 Interviews
My case is completed on dec 2. Can anyone please give me an any idea(any guess) how long i hve to wait for my interview in india( new delhi)
PiplaNot TellingIndia2013-12-18 21:04:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsApril 2013 I-130 Filers
My case is completed on dec 2. Can anyone please give me an any idea(any guess) how long i hve to wait for my interview in india( new delhi)
PiplaNot TellingIndia2013-12-18 21:08:00
Removing Conditions on Residency General DiscussionThey need second i751 interview.
They interview us together and asked us basic questions and at the end io said u will receive deceision within 30 days and he took my expired work authorizatioN card.
dni786Not TellingIndia2013-11-23 11:47:00