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Filed: Citizen (apr) Country: Venezuela
Timeline

My bff is currently going through a bitter separation and we don't know what to do to help her. A resume: she got married on 2010 with USC. They were living in our homecountry Venezuela. They got pregnant with a baby girl in 2012 and moved to the States where she applied for a Green Card. She lifted condition on february this year, and her case was recently approved. A months ago she discovered that her husband (who already had major anger issues) has an affair. She wants him to get divorced but she is too scared of him. He has been insulting her, he punch the walls and doors, and text her with nasty stuff insulting her, saying that he won't pay for anything etc etc.

She works but she doesn't have too much money to pay for a lawyer. She is undergoing for a major depression with a 2 year old baby girl. He is abussing her psychological and emotionally. Do you know some sort of organization/government she can go to and get the help she needs?

She is applying for her citizenship in feb 2015, can still she apply even if they get divorced?

Edited by Andrea&Henry

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Filed: Country: Latvia
Timeline

No. Will have to wait 5 years.

You mean 5 years rather than the 3 right?

Services for domestic violence can vary a lot by location - it may take some searching. There are probably some shelters in the area, you may be able to find pro bono legal support (check with immigrant/domestic violence nonprofits in the area, law schools, or directly with lawyers if you can find any that do pro bono work). Unfortunately, while often considered domestic violence, a lot of things short of physical violence don't seem all that easy to handle through the legal system.

04/14/12 - First date in the U.S.

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06/3/13 - Petition Filed (had been unsuccessfully trying to move to Europe)

06/6/13 - NOA1 (National Benefits Center)

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03/3/14 - I130 Approved

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Filed: Timeline

Hi!!

She has her green card for how long? Can't she apply for VAWA to become a USC? and yes as the person above mentioned, there are shelters that help women who have been abused. Even if she got a Divorce, she can still apply for U.S Citizen. Ignore the 1st person who replied.

Edited by Zach<3Katiuska
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Hi!!

She has her green card for how long? Can't she apply for VAWA to become a USC? and yes as the person above mentioned, there are shelers that help women who has been abused. Even if she got a Divorce she can still apply for U.S Citizen. Ignore the 1st person who replied.

You are the one giving the wrong info.

OP' BFF already has a 10 years permanent green card.

And No, she can't apply for VAWA to become a USC.

There are 2 ways to US Citizenship

1) Are currently married to and living with a U.S. citizen, and have been a permanent resident for 3 years or more

2) Have been a Permanent Resident for the past 5 years without leaving the United States for trips of 6 months or longer.
If she gets a divorce now, she could only apply for US Citizenship based on the 5 years rule.

Done with K1, AOS and ROC

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Filed: Citizen (apr) Country: Poland
Timeline

You mean 5 years rather than the 3 right?

Correct and just meant, once divorced, then residency requirement is 5 years rather than 3 years,

Citizenship would be least of my worries though, unless I would have a boyfriend lined up import (not saying it's the case though)...

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Filed: Timeline

You are the one giving the wrong info.

OP' BFF already has a 10 years permanent green card.

And No, she can't apply for VAWA to become a USC.

There are 2 ways to US Citizenship

1) Are currently married to and living with a U.S. citizen, and have been a permanent resident for 3 years or more

2) Have been a Permanent Resident for the past 5 years without leaving the United States for trips of 6 months or longer.
If she gets a divorce now, she could only apply for US Citizenship based on the 5 years rule.

Yes, Sorry i was going to EDIT my post as i researched a bit more about it... But even though she received her 10year Green card, she can file for U.S Citizen if she lived in the U.S with a clean background after 5 years...etc.. Right?

Edited by Zach<3Katiuska
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Filed: Citizen (apr) Country: Canada
Timeline

~~Move to Effects of Major Family Changes on Immigration Benefits, as this is no longer a ROC topic~~

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K-1 & 4 K-2'S
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Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
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Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Yes, Sorry i was going to EDIT my post as i researched a bit more about it... But even though she received her 10year Green card, she can file for U.S Citizen if she lived in the U.S with a clean background after 5 years...etc.. Right?

Yes.

Done with K1, AOS and ROC

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Yes, Sorry i was going to EDIT my post as i researched a bit more about it... But even though she received her 10year Green card, she can file for U.S Citizen if she lived in the U.S with a clean background after 5 years...etc.. Right?

5 years of being a permanent resident qualifies her to apply for citizenship, as long as time in country requirements are met. A two year green card holder is a permanent resident, so the count date starts when she received that. Divorcing a USC does not affect this at all.

The time period is 3 years if she was married to a USC the entire time, she must still be married through the entire citizenship process.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
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Filed: Timeline

Yes.

Ok..Well i didn't know a thing about VAWA..Guess 1 of the requirements is to actually be marriedwith the USC for 3 years....i learned something new :) anyways thanks for correcting me about the VAWA issue...I knew about becoming a USC with a clean background after a few years...By the way, if she has a baby girl, if she divorces, she can still claim for her child support right? Personally i believe so.

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Ok..Well i didn't know a thing about VAWA..Guess 1 of the requirements is to actually be marriedwith the USC for 3 years....i learned something new :) anyways thanks for correcting me about the VAWA issue...I knew about becoming a USC with a clean background after a few years...By the way, if she has a baby girl, if she divorces, she can still claim for her child support right? Personally i believe so.

Child support is typically given from the noncustodial parent to the custodial parent. The amount typically depends on income.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Filed: Timeline

Child support is typically given from the noncustodial parent to the custodial parent. The amount typically depends on income.

Yes but let's make believe that she is the custodial parent because she was the one who have been abused but she should prove that she's able to take care of her child. The main purpose of tis post is to gather information based on 2 questions :

!) Do we know any shelters or centers thatshe can go to in need of help?

2) When divorcing the USC, can she still apply for U.S Citizenship?

We kinda answered the 2nd question but the 1st question remains.

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Yes but let's make believe that she is the custodial parent because she was the one who have been abused but she should prove that she's able to take care of her child. The main purpose of tis post is to gather information based on 2 questions :

!) Do we know any shelters or centers thatshe can go to in need of help?

2) When divorcing the USC, can she still apply for U.S Citizenship?

We kinda answered the 2nd question but the 1st question remains.

Without knowing where she lives, number 1 is hard to answer. If she lives in or near a fair sized city, then answer is there probably is one.

http://www.womenshelters.org/

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Filed: Timeline

Ok..Well i didn't know a thing about VAWA..Guess 1 of the requirements is to actually be marriedwith the USC for 3 years....i learned something new :) anyways thanks for correcting me about the VAWA issue...I knew about becoming a USC with a clean background after a few years...By the way, if she has a baby girl, if she divorces, she can still claim for her child support right? Personally i believe so.

Self-petitioners that receive relief under VAWA can file for naturalization after 3 years of being an LPR (INA 319(a). The OP's friend in this case did not get her green card through VAWA relief so she cannot benefit from this three year rule.

July 2011 - Applied for VAWA with I-765 and I-485 with fee waivers - receipt date Aug 4, 2011
August 10th 2011 - Received NOA's for all 3, fee waivers accepted
August 26th 2011 - Received EAD
Early July 2012 - Re-applied for EAD based on pending I-485
Mid July 2012 - Received NOA for 2nd EAD
August 1st 2012 - Received EAD
Silence for a few more months
October 26th 2012 - I-360 approval
November 19th '12 - Case transferred
May 2013 - Received interview notice

June 2013 - Interview (approved)

Permanent resident since June 2013

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