VAWA - citizenship after 3 years but remarried - HELP

[amerika 0]

Hello,

I have a question regarding VAWA and US citizenship.

VAWA petitioners who received their residency through VAWA and want to apply for US citizenship are eligible three years – not the usual five years – after receiving residency. Of course, these victims of abuse need not live with or be married to the US citizen or legal permanent resident spouse as far as I know. Am I correct?

Now, here is the actual question. Let’s say that the VAWA individual divorced after receiving the residency, and has remarried since then. Will the VAWA individual still be able to apply for US citizenship after 3 years through form N-400 even though the individual remarried another person and is married to this person right now? Also, would it make any difference if the married person is in the US as an F1-student?

Thank you for your help!

[RICARDO4EVA2 195]

Hello,

I have a question regarding VAWA and US citizenship.

VAWA petitioners who received their residency through VAWA and want to apply for US citizenship are eligible three years – not the usual five years – after receiving residency. Of course, these victims of abuse need not live with or be married to the US citizen or legal permanent resident spouse as far as I know. Am I correct?

Now, here is the actual question. Let's say that the VAWA individual divorced after receiving the residency, and has remarried since then. Will the VAWA individual still be able to apply for US citizenship after 3 years through form N-400 even though the individual remarried another person and is married to this person right now? Also, would it make any difference if the married person is in the US as an F1-student?

Thank you for your help!

Welcome to VJ.

No. Why should would someone gain residency because he / she was "abused" still live with the "sponsor" - that would be wrong. I'm sure you know that.

The person can apply for Citizenship after 5 years - correct. The goal is to gain legal residence not a fast track to US Citizenship.

If the person is married now it does not help since he/she isn't married to the SAME US Citizen.

Also, would it make any difference if the married person is in the US as an F1-student?

No.

[Kathryn41 3,205]

Topic moved from Bringing Family Members of Permanent Residents to US Citizenship Discussion Forum as the more appropriate location for this topic

Edited February 12, 2011 by Kathryn41

[amerika 0]

Welcome to VJ.

No. Why should would someone gain residency because he / she was "abused" still live with the "sponsor" - that would be wrong. I'm sure you know that.

The person can apply for Citizenship after 5 years - correct. The goal is to gain legal residence not a fast track to US Citizenship.

If the person is married now it does not help since he/she isn't married to the SAME US Citizen.

No.

Hello,

I am a bit confused about your reply. I might was not really clear about it.

The person did not live with the abusive US citizen for about 2 years before applying for permanent residency through VAWA, of course because of abusive behavior. The individual has a permanent residency for about a year now already. The question now is that the VAWA individual has found a new partner in the meantime and they would like to get married. But if married would the individual still be able to apply after 3 years since it has been more than 4 years now?

Thank you.

[RICARDO4EVA2 195]

Hello,

I am a bit confused about your reply. I might was not really clear about it.

The person did not live with the abusive US citizen for about 2 years before applying for permanent residency through VAWA, of course because of abusive behavior. The individual has a permanent residency for about a year now already. The question now is that the VAWA individual has found a new partner in the meantime and they would like to get married. But if married would the individual still be able to apply after 3 years since it has been more than 4 years now?

Thank you.

Sorry to confuse you. I'll put it in a more simplified way.

The person cannot apply for US Citizenship now. They can ONLY AFTER being a permanent resident for 5 years starting FROM the date on the Green Card that reads "resident since"

For the 3 year thing to APPLY the person seeking citizenship MUST be married to and living happily with the SAME US Citizen from which the status was gained. Since the status was not gained from the US Citizen then it does not apply.

[amerika 0]

Sorry to confuse you. I'll put it in a more simplified way.

The person cannot apply for US Citizenship now. They can ONLY AFTER being a permanent resident for 5 years starting FROM the date on the Green Card that reads "resident since"

For the 3 year thing to APPLY the person seeking citizenship MUST be married to and living happily with the SAME US Citizen from which the status was gained. Since the status was not gained from the US Citizen then it does not apply.

Now, here is the case:

- The person married a US citizen and received a resident card on 08/26/2006.

- The person left the marital hourse in 04/26/2007 because of being abused by her husband but still was married to this US citizen.

- The person received the permanent residency through VAWA in 06/08/2009 to remove her conditional residency. The person has now a permanent resident card which says "resident since: 08/26/2006".

- The person was married with an abusive US citizen until they divorced in 06/29/2010.

Now (02/2011) the person wants to ask for citizenship. The person wants to apply under the VAWA law because she doesn’t have the 5 years yet.

If she can already apply under the 3 year rule; can she marry her boyfriend who is in the US with a F1 student visa before applying for citizenship, and also put her mother and father in the form N-400?

Or will it hurt her citizenship application if she marries her boyfriend now under the 3 year VAWA rule?

[Penguin_ie 5,997]

There is no 3 year VAWA rule. VAWA makes getting a greencard easier, not citizenship.

Your friend will be able to apply for citizenship 90 days before 5 years after they got their greencard (so 90 days before 8/26/2011). Not much longer to wait!

[RICARDO4EVA2 195]

There is no 3 year VAWA rule. VAWA makes getting a greencard easier, not citizenship.

Your friend will be able to apply for citizenship 90 days before 5 years after they got their greencard (so 90 days before 8/26/2011). Not much longer to wait!

Thank you i was holding out from responding as i wanted someone else to chime in and re-state.

Now, here is the case:

- The person married a US citizen and received a resident card on 08/26/2006.

- The person left the marital hourse in 04/26/2007 because of being abused by her husband but still was married to this US citizen.

- The person received the permanent residency through VAWA in 06/08/2009 to remove her conditional residency. The person has now a permanent resident card which says "resident since: 08/26/2006".

- The person was married with an abusive US citizen until they divorced in 06/29/2010.

Now (02/2011) the person wants to ask for citizenship. The person wants to apply under the VAWA law because she doesn't have the 5 years yet.

If she can already apply under the 3 year rule; can she marry her boyfriend who is in the US with a F1 student visa before applying for citizenship, and also put her mother and father in the form N-400?

Or will it hurt her citizenship application if she marries her boyfriend now under the 3 year VAWA rule?

The information that was told above is correct. Your friend CANNOT apply for US Citizenship early... based on the 3 year thing.. He/She broke up the relationship with the US Citizen and so the marriage is no longer there.. EVEN if they were still married BUT separated it still just could not work..

[yohino 22]

Actually, if the person recieved their residency via a VAWA-claim, they are allowed to apply for citizenship under the 3 year rule.

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/sec319a012705.pdf

I also think, don't know for sure, that this becomes null if she/he re-marries during this time, then she/he has to wait the 5 years.

If possible, just have the person in question wait until she is a citizen to get married to avoid all confusion.

Edited to add, I'm not sure if this pertains to people that ROC'ed with a VAWA-app.

Edited February 13, 2011 by yohino

[FawkThisSite 13]

Common sense people. This "friend" he/she is referring to is her/himself. Secondly the question is quite simple and nobody answered it. Here it is... Can she marry her boyfriend who is in the USA for 90 days on a F1 Visa? Considering that she had not received her citizenship. I don't know the answer, but nobody is answering what she really wants.

Edited February 13, 2011 by xlbLoOdlx

[yohino 22]

Common sense people. This "friend" he/she is referring to is her/himself. Secondly the question is quite simple and nobody answered it. Here it is... Can she marry her boyfriend who is in the USA for 90 days on a F1 Visa? Considering that she had not received her citizenship. I don't know the answer, but nobody is answering what she really wants.

An F1-visa is a student visa, not the VWP as I think you are referring too - considering the 90 day comment.

[RICARDO4EVA2 195]

Common sense people. This "friend" he/she is referring to is her/himself. Secondly the question is quite simple and nobody answered it. Here it is... Can she marry her boyfriend who is in the USA for 90 days on a F1 Visa? Considering that she had not received her citizenship. I don't know the answer, but nobody is answering what she really wants.

............. and you speak of common sense..?

Actually, if the person recieved their residency via a VAWA-claim, they are allowed to apply for citizenship under the 3 year rule.

http://www.uscis.gov...c319a012705.pdf

I also think, don't know for sure, that this becomes null if she/he re-marries during this time, then she/he has to wait the 5 years.

If possible, just have the person in question wait until she is a citizen to get married to avoid all confusion.

Edited to add, I'm not sure if this pertains to people that ROC'ed with a VAWA-app.

[Brother Hesekiel 2,236]

Strangely enough, an LPR with a successfully adjudicated VAWA is eligible for expedited naturalization. The O.P. can marry her BF at any time and file the I-130 hours thereafter. Since he's on a current F-1, NVC will wake up the hibernating petition once she has become a USC and filed for AOS in his behalf.

Violence may not be the answer, but sometimes it's part of the solution.

[nigel 7]

Myself rather than dealing with all that #######...wait until you have 5 yrs under your belt , then file under the 5 yr rule...

Its only a litle bit longer...

[VanessaTony 3,567]

There is no 3 year VAWA rule. VAWA makes getting a greencard easier, not citizenship.

Your friend will be able to apply for citizenship 90 days before 5 years after they got their greencard (so 90 days before 8/26/2011). Not much longer to wait!

Thank you i was holding out from responding as i wanted someone else to chime in and re-state.

The information that was told above is correct. Your friend CANNOT apply for US Citizenship early... based on the 3 year thing.. He/She broke up the relationship with the US Citizen and so the marriage is no longer there.. EVEN if they were still married BUT separated it still just could not work..

Just making sure you both realise there IS a 3 year "VAWA rule" for citizenship. Yohino linked the appropriate document.

OP - being re-married doesn't affect it at all. Your marital status is irrelevant because you're applying based on the 3 year VAWA rule... just like marital status is irrelevant if you applied at the 5 year rule.