Question: While I was living with my U.S. citizen husband, he filed an I-130 relative petition for me, and I filed an application to adjust status at the same time. My application has been pending for several months now. My husband recently became abusive, and I had to move out. I now want to apply for a green card through VAWA. Can I apply for VAWA while my Form I-130 is pending? Do I have to ask USCIS to withdraw my Form I-130 before I can apply for VAWA?
Answer: If you already have a pending Form I-130 application, you can still file a VAWA petition. You do not have to withdraw your Form I-130 application before you can apply for VAWA. If your Form I-130 application was filed by your abuser, you can transfer the priority date of your Form I-130 to your Form I-360 VAWA application.
How can I transfer my priority date from my Form I-130 to my Form I-360?
If USCIS has not adjudicated your Form I-130 petition, and you have not withdrawn the application, then you can transfer the priority date from your Form I-130 to your Form I-360 VAWA application.
If USCIS has already adjudicated your Form I-130, or if you have withdrawn your Form I-130, then you cannot transfer the priority date from your Form I-130 to your Form I-360. Also, you will have to file a new application for adjustment of status.
When you file your VAWA application, you must also submit all evidence required for a VAWA petition. You must also submit the receipt notice from your Form I-130 petition.
You must make the transfer request as early as possible so USCIS has enough time to process the request.
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