F1 Married to U.S Citizen; VAWA self-petitioner.

[Nicarao]

Hello all,

I would appreciate your feedback, and hopefully the content of this post will further aid others in their successful pursuit of authorized permanent residency in this country. In 2006, I entered the U.S on an F-1 Visa (D/S), in 2016, I married my boyfriend of four years on Valentine's. There were several instances of abuse from my spouse, one ended pretty badly for me, and he was arrested and incarcerated; out on bail. We were separated about five months after the incident, while he was on probation. I submitted a VAWA self-petition, I-360, and I received a prima faciae I-797 notice of action about 30 days ago. I had police reports, testimonials, court orders, restraining orders, etc.

I am in dire need of work, I am currently trying to support myself, but I need an EAD ASAP. Moreover, if need be, further evidence of said necessity can be produced without a hassle. My question to you guys would be, "can I file for EAD with the I-797 Notice of Action: Prima Faciae?" Or, do "I need to wait for the I-360 to come back either approved or denied?" In this case, barren the acceptance of said documentation do I have grounds to appeal for an early determination, due to my on-going marriage to a U.S Citizen who in addition to this, has been the Perpetrator of an Assault Misdemeanor (with Domestic Violence)? Furthermore, I have proof that my husband has not 'shared the required Texan spousal vow of Equity distribution' with me; Not only does he work for the IRS, but he has made it almost impossible for me to get access to Health Care and/or any financial help.

I am infuriated at him, and will initiate divorce proceedings here in California. He is simply a dangerous individual.

[newacct]

There are 3 ways you can get an EAD. 1) If the I-360 petition is approved. 2) If you file I-485 for Adjustment of Status (I-485 and I-360 can be filed concurrently); then you can apply for an EAD for free based on being an AOS applicant. 3) If you are granted deferred action.

[Nicarao]

There are 3 ways you can get an EAD. 1) If the I-360 petition is approved. 2) If you file I-485 for Adjustment of Status (I-485 and I-360 can be filed concurrently); then you can apply for an EAD for free based on being an AOS applicant. 3) If you are granted deferred action.

If I file an application for EAD with a prima facie, will immigration services hold the application until I submit the I-360 Approval? If you read the instructions on obtaining EAD, you will see, it says that you can send EAD with I-360 without AOS. It is listed on the eligibility requirements under VAWA self- petitioning.

I don't believe the laws to be black or white, in this case, there is room for convergence of opinion regarding each and every case. I believe, I have a substantial set of evidence to prove hardship and immediate necessity for work authorization; regardless of what is usually conferred in the steps listed on their website and forms -- Immigration officers have flexibility, be that in a positive or negative way. Moreover, I don't believe I make the list of people that would not qualify for Deferred Action; thus said, I don't believe applying for Deferred Action is deemed beneficial, unless granted by de-facto I-360 full-approval

[kela123]

If I file an application for EAD with a prima facie, will immigration services hold the application until I submit the I-360 Approval? If you read the instructions on obtaining EAD, you will see, it says that you can send EAD with I-360 without AOS. It is listed on the eligibility requirements under VAWA self- petitioning.

I don't believe the laws to be black or white, in this case, there is room for convergence of opinion regarding each and every case. I believe, I have a substantial set of evidence to prove hardship and immediate necessity for work authorization; regardless of what is usually conferred in the steps listed on their website and forms -- Immigration officers have flexibility, be that in a positive or negative way. Moreover, I don't believe I make the list of people that would not qualify for Deferred Action; thus said, I don't believe applying for Deferred Action is deemed beneficial, unless granted by de-facto I-360 full-approval

If you are married to a USC, then you can file your I360, I485 and I765 all at the same time.
If you are married to a GC holder, then you must file your I360 alone and wait. Then once it is approved, you may file for your I485 and I765.

hope this helps!