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Jan 19, 2023
Does i-360 VAWA petition take the priority date of i-130 petition (i130 previously filed by U.S citizen ex-spouse)?
Hi guys, , Could you please share your experience if i-360 VAWA petition takes the priority date of i-130 petition previously filed by US citzen ex-spouse? Thanks- Ref: ~Priority Dates~ If a self-petitioning spouse or child is already the beneficiary of a Form I-130 filed by the abusive spouse or parent, 8 C.F.R. 204.2(h)(2) permits the self-petitioner to transfer the priority date from the Form I-130 petition to the Form I-360. http://myattorneyusa.com #vawa
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israel landaJan 19, 2023
I want to know more about this case! I had my I-130 approved but my partner withdrew the petition. Can I still transfer my priority date from I-130 to the form I-360?
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H nJan 19, 2023
@israel. Did ur partner withdraw i130 before or after you filed i360 vawa?
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chad RJan 19, 2023
@israel landa it doesn’t matter even if the partner withdrew the application or it might be revoked or denied or approved as well. you can still transfer the priority date from previously filed i-130 petition.
israel landaJan 19, 2023
V A my partner withdraw I-30 before I filed I-360 vawa
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H nJan 19, 2023
@God is Love. Thank you for sharing a valuable information…appreciate it bro
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Rachel NJan 20, 2023
I was wondering they will do it automatically or we need to send a request letter with the receipt of i130?
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H nJan 20, 2023
@Rachel N. Good question. I am also wondering, does this transfer from i130 to i360 automatic or need a written request to ask for it.
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Rachel NJan 20, 2023
@ V A. Yes. I think it’s unfair for those who had pending i130 but don’t know how to transfer and just waiting in normal timeline
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chad RJan 20, 2023
@Rachel N my attorney has sent in a letter to Vermont requesting the transfer of priority date and no confirmation will be sent since they add to case notes
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H nJan 20, 2023
@chad R. Thanks for sharing the info.
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H nJan 20, 2023
@chad R. Is ur i130 petitioner US citizen or permanent resident? I think priority date is important in case i130 petitioner is permanent resident. In case of US citizen as petitioner, there is unlimited visas available and no cap.
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Rachel NJan 20, 2023
@chad R. I think they do transfer but they just don’t wanna confirm you. However, we all still don’t know how it actually works
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chad RJan 20, 2023
@V A my petitioner is a USC. so based on talking to my lawyer what the transfer of the priority date does is suppose if an i-130 petition was filed back in 2018 and if things didn’t work because of the abuse so an i-360 petition is filed in 2020. Then the transfer of the priority date will make the case show up as if it was filed back in 2018 which will reduce the processing time of the i-360 to be adjudicated and processed faster. Based on the above filing dates if the processing time of the i360 is 32 months the petition filed in 2020 should be processed sometime in 2022 or 2023 but due to the transfer it will be processed in 2021 or 2022. and you will be eligible to do out of processing times request, ombudsman and mandamus etc
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blessed & favoredJan 21, 2023
for the priority date to be transferred automatically you needed to have included the i-797c of your i-130 with your vawa package
t bJan 28, 2023
i have sime stitious how can send letter
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m tFeb 16, 2023
any updates on this, I'm in the same situation
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Bola BMay 14, 2023
I had my i-130 interview with my spouse,the officer called him first for interview and he withdrawal the case instantly on my behalf.our marriage is 4yrs living together

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