Your ex cannot withdrew your I-485 because he/she is not the applicant but you. They can only withdraw their I-130 filed on your behalf because that’s the only basis which your I-485 can stand to be processed. You can not attach your I-130 to your I-360 Vawa. You have to file another I-485 and I would advice you to do it immediately as say now. when you do also file another I-765 for EAD and if you want file I-131. If you have a work authorization it is attached to your old I-485 so you need to file another one that C31 based on Vawa not C09.

@Annie G if your spouse withdrew the I-130 it cancels every other form sent with it so you'll have to start over. You could have changed to vawa if he hadn't withdrawn it but now you'll need to refile vawa and all the other forms. You should apply for EAD under category c9 which is work authorization based on a pending adjustment of status. If you file c31 you won't get the EAD until the vawa is approved 2-3 years from date of receipt so do it quickly.

I filled. for vawa already about 2 months ago, also filled i485 with my vawa application but it was returned according to my lawyer since April this year you can’t filled i485 until vawa is approved. also I never got a receipt notice for the i765 for my EAD so I’m lost in that. I didn’t know about the i130 tbh since it stills shows as pending and being reviewed I guess they never updated it in the system so I was just looking for some hope vawa seems a lot of time to me so I feel really hopeless in all this and having a really stressful time and depression for all of this. thank you

@ kerry S if the I-485 is canceled or denied she can not file for I-765 EAD under category C09 because there’s no underlying basis for that form to even processed as the only reason they can process EAD under C09 is if the I-485 is still pending. She can only file for C31 right now as she don’t have I-485. you guys should be careful when you give information to people when you don’t know or assume you do.

You can file for I-485 immediately if you are marriage is to a US citizen. You don’t need to wait for your Vawa to be adjudicated except you are married to a Green Card holder is when you have to wait for them to approve your Vawa before you file. Go to USCIS website and you will see the information/ instruction.

@bridges 5 he is a citizen I sent i485 with vawa all together but it was returned, so I have just vawa pending at the moment

@Annie G what was the reason for it being returned. Did you attach the necessary documentation for the I-485 because each form has it own requirements which you must meet and send it to the right office?

@Annie G if your I-130 still shows pending it means it wasn’t withdrawn. Did you go for an interview? they will stil schedule an interview and issue a NOID then deny it. I am lost that you Ex withdrew your I-485 because he can’t. He is not the applicant on the I-485, it’s only you that can withdraw that. That same way you as a beneficiary of the I-130 cannot withdraw the I-130 filed on your behalf as it’s only your Ex spouse that can withdraw it. However my next question is who filed your case from the beginning? Was it your lawyer? and are you sure your lawyer sent it those applications? Because if actually you filed a I-765 a receipt would be issued to you or sent to your lawyer.

@bridges 5 my lawyer sent the documents with everything even medical documents. my i485 before it was denied because he withdrew the process as he always threatened with doing it despite we have a daughter together.

@Annie G You explanation is inconsistent. First you said he withdrew your I-485 and now you are saying it got denied. I don’t know which to take but I know your ex cannot withdraw your I-485 except your I-130. Secondly if according to your explanation now that it your I-485 was denied then for it to be denied it means your I-130 was denied first before that. Your I-130 has to be adjudicated first before your I-485 as it has no standing without your I-130. I am not a lawyer but just like you I am in the process so I know that. Anyway I would advice you check the reason why your second I-485 was returned back to you and refile it attaching your Vawa receipt and every other documentation required due to the incoming administration and get in touch or you and your lawyer should get in touch with USCIS to find out why you never received a receipt for your filed I-765 EAD.

@bridges 5 my initial case and i485 was denied because he withdrew the case that was the explanation I don’t know what is inconsistent about it, my i130 still show as pending maybe is an error in the system I don’t know how it works. and yes I will double check why my second i485 was returned.

@Annie G Your lawyer need to call USCIS to know why it’s still pending. Don’t be surprised if they call you for an interview, so and your lawyer need to reach out to them. I wish you all the best.