Citizenship application for someone got conditions removed based on extreme cruelty

[Family Man 0]

This is regarding a case of my sister.

She got married to a US citizen and he turned out a jerk.

To remove the conditions, she had to apply for a waiver based on extreme cruelty and she got it approved.

Her lawyer told her that she is eligible to apply for citizenship after 3 yrs of the marriage.

I saw the citizenship application but it says that she needs to be living with her husband to apply after 3 years.

Can someone please help me how I should file her application so that she can get approved?

Thanks,

[Brother Hesekiel 2,235]

Your sister will need to wait at least 5 years from the time she became a LPR (check the Green Card) until she can become a US citizen. It's a very simple concept.

[lucyrich 19]

She got married to a US citizen and he turned out a jerk.

To remove the conditions, she had to apply for a waiver based on extreme cruelty and she got it approved.

Her lawyer told her that she is eligible to apply for citizenship after 3 yrs of the marriage.

I saw the citizenship application but it says that she needs to be living with her husband to apply after 3 years.

Can someone please help me how I should file her application so that she can get approved?

First thing, she needs to fire the lawyer.

Then wait until she's eligible to check one of the boxes in part 2 of the N-400. My guess is that the five years with green card will be her first opportunity. She can mail the paperwork up to 90 days before completing the 5 years.

There's no waiver to allow filing after three years if the marital union dissolved, regardless of the reason for dissolution.

[JERIII 8]

First thing, she needs to fire the lawyer.

Then wait until she's eligible to check one of the boxes in part 2 of the N-400. My guess is that the five years with green card will be her first opportunity. She can mail the paperwork up to 90 days before completing the 5 years.

There's no waiver to allow filing after three years if the marital union dissolved, regardless of the reason for dissolution.

This is the one thing I don't like about VJ. We're all so sure we know about everything. And we're all so sure that all the lawyers are wrong.

Guess what, the lawyer is correct. Here's the relevant law:

Sec. 319. [8 U.S.C. 1430]

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

LPRs who obtain their green card "by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty" are eligible to apply after three years, exempted from the requirement that they have been living with their spouse.

It took me about five minutes to find the relevant policy USCIS memo with a web search.

We all need to be a little more careful about areas of immigration with which we have little experience, like VAWA cases.

[leahandlucas 15]

This is the one thing I don't like about VJ. We're all so sure we know about everything. And we're all so sure that all the lawyers are wrong.

Guess what, the lawyer is correct. Here's the relevant law:

Sec. 319. [8 U.S.C. 1430]

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

LPRs who obtain their green card "by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty" are eligible to apply after three years, exempted from the requirement that they have been living with their spouse.

It took me about five minutes to find the relevant policy USCIS memo with a web search.

We all need to be a little more careful about areas of immigration with which we have little experience, like VAWA cases.

Boo-ya...shes correct because i myself as a male was going to file the same thing and was advised from my lawyer that i was eligable based on the same situations

Are you getting rusty Lucyrich??? your usually always correct, and i admire your answers always given

[v333k 59]

This is the one thing I don't like about VJ. We're all so sure we know about everything. And we're all so sure that all the lawyers are wrong.

Guess what, the lawyer is correct. Here's the relevant law:

Sec. 319. [8 U.S.C. 1430]

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

LPRs who obtain their green card "by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty" are eligible to apply after three years, exempted from the requirement that they have been living with their spouse.

It took me about five minutes to find the relevant policy USCIS memo with a web search.

We all need to be a little more careful about areas of immigration with which we have little experience, like VAWA cases.

Thanks for posting this and providing the reference to it. It is great to know that there is such a law.

As for your comment, each person does realized that the comments and suggestions here are personal and they can be wrong. The general law about divorce is 5 years, but this is what is great about this site is that someone like you who was more resourceful was able to find this and correct everyone. If I didn't see your reply, I would've said the same as the others, but I am glad you have posted this.

[ziia 9]

This is regarding a case of my sister.

She got married to a US citizen and he turned out a jerk.

To remove the conditions, she had to apply for a waiver based on extreme cruelty and she got it approved.

Her lawyer told her that she is eligible to apply for citizenship after 3 yrs of the marriage.

I saw the citizenship application but it says that she needs to be living with her husband to apply after 3 years.

Can someone please help me how I should file her application so that she can get approved?

Thanks,

If she is divorced, she is eligible to apply for Citizenship in 5 years minus 90 days from the date her first Green Card was issued.

[NickD 202]

Could only wonder what would happen if I kicked the bucket between the time my wife had her interview and the oath ceremony. First question on her oath letter was, am I still alive and kicking and is she still married to me. Or something like that. But did hear if anything happens to your sponsoring USC spouse, you are out of luck and have to wait an extra two years.

Looking over my grandfathers immigration papers, he became a USC within two months after we arrived here, had to take weekly classes, for whatever reason, that was increased to five years, but then in 1927 was cut to three years for an immigrant married to a USC. Was decided that an immigrant married to a USC makes a better citizen. Is that true if she marries a draft dodger or some hippy?

But the USCIS sure takes this marriage stuff seriously with all kinds of additional proof, even goes way overboard on this issue. Time goes by fast if you are doing other things besides immigration, wife could now apply for the five year just basically bringing her green card and passport. Not the wheelbarrow full of evidence that we were married.

[spectheintro 18]

This is the one thing I don't like about VJ. We're all so sure we know about everything. And we're all so sure that all the lawyers are wrong.

Guess what, the lawyer is correct. Here's the relevant law:

Sec. 319. [8 U.S.C. 1430]

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

LPRs who obtain their green card "by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty" are eligible to apply after three years, exempted from the requirement that they have been living with their spouse.

It took me about five minutes to find the relevant policy USCIS memo with a web search.

We all need to be a little more careful about areas of immigration with which we have little experience, like VAWA cases.

Excellently said. I repped you because I think your post should be highlighted for the great information it contains.

[Hamster Mom 0]

thanks