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I filed my I-360 VAWA with my I-485. My I-485 form is still pending. How long will form I-485 take to be approved? Greencard...?

Brooklyn, NY |

I filed my I-130 form with my wife, which was approved and the priority date was July 16, 2013. will USCIS use this date as my priority date? Would it be better to apply for a work permit or wait for my application approval?

Attorney Answers 3


Your question is not clear. Why did you file a VAWA with your I-485 if you are still with your wife?
You are not eligible for an EAD based on an I-130. You must have an I-485 pending. Normally if the government finds that you have established a prima facie case for VAWA you are eligible for an EAD.
I suggest you consult with an experienced immigration attorney who will need additional information.

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As my fellow attorney stated, you cannot file both an I360 through VAWA and an I-130 through your wife at the same time.

Either you are living with your wife and have a bona fide marriage. Or, your wife is abusive and you chose to leave her.

Both of those facts cannot be true since they are in direct contradiction of one another.

The information you obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Asma Chaudry invites you to contact her directly at her office in Edison, New Jersey, and welcomes your calls, letters and electronic mail. Contacting Asma Chaudry does not create an attorney-client relationship. Please do not send any confidential information to her until such time as an attorney-client relationship has been established. (732) 662-4125.

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I urge you to clear your apparent confusion with a competent immigration counsel in person as your both above submission clash in a legal sense as self precluding. Do not make any decisions or submissions until you discuss the case with a professional.

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