I-751 Waiver with option 1.e. (Wava) Please Read!

[markwpb 0]

I recently spoke to a great Immigration lawyer who told me the following.

"We can apply for your I-751 Waiver as Wava and then apply for your Citizenship (N-400) right away while the I-751 is being approved and you will have your American Passport by December 2014" Then he also said he had a client with a similar case, and wrote the time line on a sticky note indicating how fast the process went and that he is about to get his American Passport pretty soon.

I asked him.. ' So don't I have to wait for 3 years before I can apply for my citizenship (N-400) since I was not married for for 3 years nor I have been a green card holder for 3 years?

And his secretary brought a print out about some Law Section within the Wava that allows you to apply for your citizenship a lot sooner without the need to wait 3 years! I think it was section 314, but I don't recall.

Here is my time line.

07/2012 Got married to a U.S Citizen in good faith.

11/2012 Received my 2 Year conditional Green Card

01/2013 Our daughter was born

09/2013 We got divorced (She filed for it)

So what's the truth about being able to file for N-400 based on I-751 with option 1.e. that says "I entered the marriage in good faith, and, during the marriage, I was battered, or was the subject of extreme cruelty, by my U.S citizen or permanent resident spouse" WITHOUT THE NEED TO WAIT 3 YEARS?

Everywhere that I have read even the I-751 Instructions says that

"I have to be a lawful permanent resident for 3 years or 5 years and my spouse has been a lawful U.S Citizen for at least 3 year"

[belinda63 3,041]

If you apply under VAWA and are approved you get your citizenship as though you were still married to the person. It request a LOT more proof, proof of abuse not just marriage didnt' work, and takes time. Do you have proof you were abused? VAWA is the violence against women act where an immigrant who was abused can obtain a green card. Of course it also means a lot more money for your attorney.

Is obtaining citizen three years after the marriage that important or do you mind waiting until you have had your green card for five years?

[markwpb 0]

If you apply under VAWA and are approved you get your citizenship as though you were still married to the person. It request a LOT more proof, proof of abuse not just marriage didnt' work, and takes time. Do you have proof you were abused? VAWA is the violence against women act where an immigrant who was abused can obtain a green card. Of course it also means a lot more money for your attorney.

Is obtaining citizen three years after the marriage that important or do you mind waiting until you have had your green card for five years?

I do have lots of proof of abuse including pictures, text messages, threatening emails, threatening emails to my work and much more so this wouldn't be a problem when it comes to evidence.

That said, if I apply through I-751 with Option 1.E checked (VAWA) and knowing that I already have a 2 year conditional Green Card and I was married only one year, would I be able to apply for my N-400 right away without the need to wait 3 years?