if your spouse was or is a U.S. citizen then you have to file i485 so that you will have a status as legal. Secondly, you could file I-765 category c09 so that you will receive a work permit in few months so that you can work. Unless you file I-485 you would not have a status in U.S.

@Tom Hank’s Hans my husband is USC. my attorney said it would be better once the i360 is approved and then we file for i485, less risks. in fact I had no idea what would be the advantage of doing so, since i will wait for another good period of time for i485 even if my i360 is approved in shortly. And I wonder why my case get transferred again after 1 year? I have submitted the Rfe they requested for. Filling for i360 is only available within 2 years after my spouse passed away, and it is been more than 2 years. I’m really afraid that my i360 will be rejected. If so I can no longer be able to file again…

@lucky x I observed few lawyers only submit I-360 believing that it will be vastly processed to be decided and then file I-485 which is a dumb way. Usually both I-360 and I-485 to be submitted at the same time. I know you are wondering what if your I-360 is denied and if two years passed then you won’t be able to refile VAWA? I was lucky enough to refile my VAWA within 2 years because the decision of my first VAWA filing came just one month before the 2 year after my divorce. I would recommend you to speak to your lawyer asking him to file I-485 and also I-765 so that you could work. Especially in this trump rule your status depends on I-485 pending and not I-360. Even when you apply for license or renew your license they will ask the receipt of I-485 and not I-360.