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Filed: AOS (apr) Country: Colombia
Timeline
Posted

I've been doing a lot of research about this and some people say one thing, and others say a different story. I have also called some immigration attorneys, and some of them even say it may be possible and others say it won't be.

So here is the quick story.

1) Married for only 1 year and divorced already.

2) Obtained my 2 year conditional green card.

3) 2 year conditional green card about to expire.

4) I was part of an abusive relation. I have lots of evidence and

proof to make my case really strong and with a good chance to have it approved.

I'm planning to apply with the I-751 under option 1.e Waiver that says....

" I entered the marriage in good faith, and during the marriage I was

battered, or was subject of extreme cruelty, By my U.S Citizen or permanent

resident spouse"

Now we all know that with regular Waiver on the I-751 if you have been married less than a year, we all have to wait 5 years total before applying for the citizenship.

However, some have said that EVEN THOUGH if you have been married LESS than 3 years, that if you apply with Option 1.e that it would be SORT OF CONSIDERED as if it was a Vawa case and thus REDUCED the number of years you have to wait before submitting your N-400 application.

In my case it would be 3 years total (2 years of my current green card + 1 more year to wait) before I can submit my N-400.

Any facts about this?

Any stories about this?

Any ideas about this?

Anything would help. Thank you!!

Posted

I believe that unless you obtained your green card through marriage to a US citizen and are still married and living with them in a true marital relationship, or you obtained your green card through VAWA on the basis of being abused by a US citizen, you must wait five years to be eligible to file for naturalisation.

Filing as a RoC abuse case does not ret-con you back into a three year qualification if you didn't initially obtain the green card through VAWA.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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