VAWA - citizenship after 3 years but remarried - HELP

[VanessaTony 3,567]

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?

In the above case the person did NOT get their permanent residency via VAWA. They removed conditions (ROC'd) by themselves claiming abuse (not divorce waiver, abuse waiver). This does not count as the "VAWA rule" in terms of getting citizenship. The VAWA rule is where the person received their first GC via VAWA. The above person will need to wait for 5 years for citizenship, not 3 years.

Edited February 13, 2011 by Vanessa&Tony

[Penguin_ie 5,999]

Learn something new today! Sorry for giving out wrong information.

[Brother Hesekiel 2,236]

In the above case the person did NOT get their permanent residency via VAWA. They removed conditions (ROC'd) by themselves claiming abuse (not divorce waiver, abuse waiver). This does not count as the "VAWA rule" in terms of getting citizenship. The VAWA rule is where the person received their first GC via VAWA. The above person will need to wait for 5 years for citizenship, not 3 years.

Interesting!

I'm, however, not entirely convinced that 216©(4)© does not include the ROC process, as it does in fact grant permanent residence, and, more so, as 216© talks about:

"© Requirements of Timely Petition and Interview for Removal of Condition."

[VanessaTony 3,567]

Interesting!

I'm, however, not entirely convinced that 216©(4)© does not include the ROC process, as it does in fact grant permanent residence, and, more so, as 216© talks about:

"© Requirements of Timely Petition and Interview for Removal of Condition."

Hmm so I suppose we need to know whether it WAS the abuse waiver for ROC or if they just self-filed after divorce. Qn.. if they filed but were found ineligible would their fee be returned? or would it need to proceed to a place where the fee was taken?

[NickD 203]

Hmm so I suppose we need to know whether it WAS the abuse waiver for ROC or if they just self-filed after divorce. Qn.. if they filed but were found ineligible would their fee be returned? or would it need to proceed to a place where the fee was taken?

Just one small error on any of your applications can be reason to reject your application with all loss of fees or even sending it in one second to early. If your kids' conditional card is screwed up by the USCIS and finally receives it 90 days after that kids' parent, have to file a separate I-751 for that kid. That prompted me to contact my senator at the time. Its always your fault.

VAWA can be as bad as if an immigrant spouse asks the sponsoring US citizen a question and doesn't get an an answer in two seconds, can claim ignoring as abuse. What would really raise flags is if this person married someone from their home country. Just saying there is a lot of variables here. Reasons do not have to be given here, but you don't know until you try and that is up to the individual and the circumstances involved. But depending, also has the risk of deportation, that is a subject none of us can judge or give advice on.

And can haunt you even later if petitioning for a relative down the road. I feel we have a clean slate, I could not petition for my wifes' son, he was barely over 21 at the time. We were advised to wait until my wife received her US citizenship before applying, hey, this is her own kid! Back then the delays for a LPR resident to petition used the unit of measurement, centuries. She did petition for her son soon afterwards, and just her son, but now the DOS is most concerned about Iraq, Afghanistan, and Africa, the hell with Latin America. So looks like another four year if not longer wait. Just warn him not to say anything negative about Hugo, could end up in jail the way that country has become and a constant strain on my wife for her own son.

Haven't thought about that until now, maybe we should try to relocate her son in Afghanistan. But by then, may have a new administration and all will change. Just speculating, hate speculating, not only on our case, but on yours as well.

[escoffier 2]

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!

I have been a VAWA applicant and was approved, I got my greencard in January 2008. Got remarried and in 2009 and got my citizenship of May 2011. All I can say is, Vawa applicant can get their citizenship if they remarried with a US Citizen. In the event that you remarried with a LPR you will have to wait 5 years. With the F-1 status, honestly I cannot tell. I was a little hesitant as well if I can apply for my citizenship after 3 years and gaining my greencard through VAWA but with research and all I found an answer to my own question. I even called the the 1800 number to double check, and I was told to wait 5 years, and then I introduce him to the INA 319(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 reside nce, 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.

He put me on hold and when he came back he apologizes and said that YES I am correct and I am eligible, hope this helps, and goodluck. Make sure you keep a copy of your N400 for your reference.

[tamara143 1]

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!

Hi,

I'm going to answer your question based on my experience, ok? I'm not a VAWA recipient but I got divorced (domestic abuse as a ground) from my ex-husband after I got my residency. The lawyer that I talked to told me that there were two options for me to choose from: either apply for the VAWA or to divorce my husband, I chose the latter. Meaning, my marriage with my ex is kaput and that doesn't make me eligible to apply for the 3 year rule for US citizenship. I have to wait for another two years (5 year rule) in order for me to apply for citizenship. When my ex and I decided to separate, I haven't remove my conditional status yet. Thus, the process was even more tedious. I had to provide all the documentation that I got abused by him. By God's grace, I was able to do that and remove got my Permanent Resident card which is valid for 10 years. This year I can now apply for citizenship as it's been 5 years that I became resident here.

In your case, I believe that you had already re-married, which makes the previous marriage null and void. As a permanent resident, you'll need to wait for 2 more years to apply for US citizenship. You shouldn't follow the 3 year rule, instead, the 5 year rule. My question is, what kind of visa do you have right AFTER you got divorced from your ex? Were you able to remove your condition? If you are able to then that makes you a permanent resident (valid for 10 yrs). What I don't understand is the F1-student visa issue, whose holding this visa, you or your husband/wife? We should know whose petitioning who. Definitely, an F-1 student can't petition the permanent resident, it's the other way around. I'm not sure though, if your wife/husband, will have to be asked to go back to his/her country of origin since his/her visa status is F-1. I think you better ask someone who is more knowledgeable with this matter. I've heard some stories, wherein some people were asked to go back to their country of origin to apply for a K1 or spousal visa again. Yet, there are some who were able to process it from here.

Anyway, God bless you I hope that I was able to answer some of your questions.

Cheers!

Edited January 8, 2012 by tamara143

[tamara143 1]

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!

Hi,

I'm going to answer your question based on my experience, ok? I'm not a VAWA recipient but I got divorced (domestic abuse as a ground) from my ex-husband(USC) after I got my residency. The lawyer that I talked to told me that there were two options for me to choose from: either apply for the VAWA or to divorce my husband, I chose the latter. Meaning, my marriage with my ex is kaput and that doesn't make me eligible to apply for the 3 year rule for US citizenship. I have to wait for another two years (5 year rule) in order for me to apply for citizenship. When my ex and I decided to separate, I haven't remove my conditional status yet. Thus, the process was even more tedious. I had to provide all the documentation that I got abused by him. By God's grace, I was able to do that and got my Permanent Resident card which is valid for 10 years. This year I can now apply for citizenship as it's been 5 years that I became resident here.

In your case, I believe that you had already re-married, which makes the previous marriage null and void. As a permanent resident, you'll need to wait for 2 more years to apply for US citizenship. You shouldn't follow the 3 year rule, instead, the 5 year rule. My question is, what kind of visa do you have right AFTER you got divorced from your ex? Were you able to remove your condition? If you are able to then that makes you a permanent resident (valid for 10 yrs). What I don't understand is the F1-student visa issue, whose holding this visa, you or your husband/wife? We should know who's petitioning who. Definitely, an F-1 student can't petition the permanent resident, it's the other way around. I'm not sure though, if your wife/husband, will have to be asked to go back to his/her country of origin since his/her visa status is F-1. I think you better ask someone who is more knowledgeable with this matter. I've heard some stories, wherein some people were asked to go back to their country of origin to apply for a K1 or spousal visa again. Yet, there are some who were able to process it from here.

Anyway, God bless you I hope that I was able to answer some of your questions.

Cheers!

Edited January 8, 2012 by tamara143