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I have an i-485 with i-130. but i had to file restrainjng…

Customer Question
Hi! I have an...

Hi! I have an i-485 with i-130. but i had to file restrainjng order against my husband. I also filed for vawa. i just got a notice to appear for an interview for my i-485. do i still have to go even i filed i-360 already?

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Yes.

Lawyer's Assistant: Have you talked to a lawyer yet?

Free consult. advised me not to go. and wait for my i-360.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Uscis didnt approve my i-765 because they thought i have a greencard. i did but it got cancelled, thats why i re applied for i765.

Submitted: 7 months ago.Category: Immigration Law
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Answered in 27 minutes by:
1/13/2018
Immigration Lawyer: Bill Attorney, Lawyer replied 7 months ago
Bill Attorney
Category: Immigration Law
Satisfied Customers: 2,821
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your immigration law question today. I'm attorney Bill offering assistance and support. If you wish to proceed with the i-130 application you should attend the interview; a restraining order itself isn't an abandonment of your application, not attending the interview will result in an abandonment if you fail to correspond with USCIS.

You can proceed with your VAWA petition as a means to obtaining a green card an may be the better route at this stage but you can continue with both applications.

You are entitled to apply for employment authorization if you filed your i-485 and i-130 or should wait until your i-360 is approved to apply.

If you are dropping the i-130 application you should base your application on the i-360.

We are here to help, so please follow up with me as required.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today before your exit.

Best

Attorney Bill

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Customer reply replied 7 months ago
if i show up by myself to the i-130/i-485 interview, would they entertain the interview without my us citizen spouse? how would it affect the vawa?
Immigration Lawyer: Bill Attorney, Lawyer replied 7 months ago

Because it is a joint application both you and your partner/ex need to attend.

This is set out in the USCIS manual:

" CFR 103.2(b)(9) provides that "the applicant, petitioner, sponsor, beneficiary, or other individual may appear as requested by USCIS, or prior to the dates and times for...the interview: (i) the individual to be...interviewed may, for good cause, request that the...interview be rescheduled." It is important to note that the regulations state "for good cause"

So you can postpone for good cause if needed.

Both applications are independent of oneanother

We are here to help, so please follow up with me as required.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today before your exit.

Best

Attorney Bill

Ask Your Own Immigration Law Question
Customer reply replied 7 months ago
I have restraining order against my US citizen spouse so I can not take him to the interview. If I dont attend how would it affect the VAWA?
Customer reply replied 7 months ago
request another expert
Immigration Lawyer: Bill Attorney, Lawyer replied 7 months ago

Your VAWA petition is a separate petition to your i-130 petition so it will be unaffected.

We are here to help, so please follow up with me as required.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today before your exit.

Best

Attorney Bill

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