Citizenship interview - Domestic Violence

[believeinmiracles 1]

Hi Everyone,

i was hoping for some help, in what documentations i would need to take with to the interview. I have a restraining order against my husband and my interview is based on 3 years of being married. I went in to see the Immigration officer and he suggested i still come in to the interview.

[Pitaya 2,576]

~two posts removed, insensitive non-contributory post and post quoting non-contributory post.~

[Villanelle 4,121]

You should go to the interview to explain the circumstances- its never a good idea to leave things hanging with USCIS. They can close out the file properly so that you can apply again at your 5 year mark

In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you

• Have been a permanent resident (green card holder) for at least 3 years
• Have been living in marital union with the same U.S. citizen spouse during such time
• Meet all other eligibility requirements under this section

D. Marital Union ​and Living in Marital Union​

​

1. Married and Living in Marital Union​

​

In general, a​ll naturalization applicants filing on the basis of marriage to a U.S. citizen must ​be the spouse of a U​.S. c​itizen from the time of filing the ​A​pplication for ​N​aturalization until the applicant takes the ​O​ath of ​A​llegiance.​ ​In addition, some spousal naturalization provisions require that the applicant “​live in marital union” with ​his or her ​citizen spouse ​prior to ​filing​ the ​A​pplication for ​N​aturalization​.​ [19] ​USCIS considers an applicant to ​“​live in marital union​”​ with his or her citizen spouse if the applicant and the citizen ​actually ​reside together​.​

​

A​n ​applicant under the special provisions for spouses ​is​ ineligible ​for naturalization ​if​:​

​

•The ​applicant is not residing with his or her ​United States citizen ​spouse​ at the time of filing or during the time in which the applicant ​is required to be living ​in marital union with the citizen spouse; or​

​

•If at any time prior to taking the Oath of Allegiance, the ​spousal relationship is terminated or altered to such an extent that neither the applicant nor ​the United States ​citizen spouse can be considered to be residing together as husband and wife.​

​

There are ​limited​ circumstances where an applicant may be able to establish that he or she is living in marital union with his or her citizen spouse even though the applicant does not actually reside with the citizen spouse​.​ [20]

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html#S-D

I posted some snippets from the policy manual (link above) although the first paragraph was from the general USCIS page- which directs you to the policy manual for an explanation about what are the specifics to the generally speaking you qualify blah blah line.

The limited circumstances (where I left off copying and pasting) goes on to say- if your spouse is incarcerated or serving in the armed forces- basically YOU WANT to be with them but are UNABLE to be because of things beyond your control, thats not held against you- Having a restraining order, well according to the guidelines- sorry. Thats in the field of separation- either you requested to be away from him or he requested to be away from you. Different from a 3rd party like a jury locking him up for ban robbery and keeping 2 star crossed lovers apart.

So again, go to the interview since its already scheduled to close it out neatly so when you reapply at the proper time theres no doubts about why you didnt show up the last time.

[Boiler 43,429]

I said the same thing, did not sound like she was in marital union and bang post deleted.

From what I remember the reply that was also deleted said she was in a shelter.

[believeinmiracles 1]

You should go to the interview to explain the circumstances- its never a good idea to leave things hanging with USCIS. They can close out the file properly so that you can apply again at your 5 year mark

In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you

• Have been a permanent resident (green card holder) for at least 3 years
• Have been living in marital union with the same U.S. citizen spouse during such time
• Meet all other eligibility requirements under this section

D. Marital Union ​and Living in Marital Union​

​

1. Married and Living in Marital Union​

​

In general, a​ll naturalization applicants filing on the basis of marriage to a U.S. citizen must ​be the spouse of a U​.S. c​itizen from the time of filing the ​A​pplication for ​N​aturalization until the applicant takes the ​O​ath of ​A​llegiance.​ ​In addition, some spousal naturalization provisions require that the applicant “​live in marital union” with ​his or her ​citizen spouse ​prior to ​filing​ the ​A​pplication for ​N​aturalization​.​ [19] ​USCIS considers an applicant to ​“​live in marital union​”​ with his or her citizen spouse if the applicant and the citizen ​actually ​reside together​.​

​

A​n ​applicant under the special provisions for spouses ​is​ ineligible ​for naturalization ​if​:​

​

•The ​applicant is not residing with his or her ​United States citizen ​spouse​ at the time of filing or during the time in which the applicant ​is required to be living ​in marital union with the citizen spouse; or​

​

•If at any time prior to taking the Oath of Allegiance, the ​spousal relationship is terminated or altered to such an extent that neither the applicant nor ​the United States ​citizen spouse can be considered to be residing together as husband and wife.​

​

There are ​limited​ circumstances where an applicant may be able to establish that he or she is living in marital union with his or her citizen spouse even though the applicant does not actually reside with the citizen spouse​.​ [20]

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html#S-D

I posted some snippets from the policy manual (link above) although the first paragraph was from the general USCIS page- which directs you to the policy manual for an explanation about what are the specifics to the generally speaking you qualify blah blah line.

The limited circumstances (where I left off copying and pasting) goes on to say- if your spouse is incarcerated or serving in the armed forces- basically YOU WANT to be with them but are UNABLE to be because of things beyond your control, thats not held against you- Having a restraining order, well according to the guidelines- sorry. Thats in the field of separation- either you requested to be away from him or he requested to be away from you. Different from a 3rd party like a jury locking him up for ban robbery and keeping 2 star crossed lovers apart.

So again, go to the interview since its already scheduled to close it out neatly so when you reapply at the proper time theres no doubts about why you didnt show up the last time.

Thank you for the informative feedback, i appreciate that!

I have been married for 5 years and living in the US for 4 years, the Domestic violence has been for 5 years and i have a paper trail from Police records and DV advocates.

I have met with an immigration officer and he advised me to still come in regardless of the situation, i did make an info pass and updated him on the situation.

My lawyers are not immigration lawyers but family lawyers and just can't find any links on this site for my type of case, was hoping to get some help on that.

thank you.

[Villanelle 4,121]

huh?

Can you please clarify some more?

Did you get your greencard based on VAWA (the 360 form) if so there are special rules for citizenship.

Otherwise the rules are simple- it does not matter how long you have LIVED in the US. Its the date you became a LPR (permanent resident-date greencard was issued)- thats all that matters. It kind of stinks because for example IF I arrive on Jan 1 2015 and I technically began living here on Jan 1 2015 but it takes USCIS 6 months to issue me a card. Technically I am not a LPR until June 1 2015. So I am 'shorted' 6 months if you look at it that way.

They make the rules and thats how its looked at- so---- everyones got to deal with it.

SO the rules are- You can apply in

3 YEARS from the date of your Greencard based on a VALID MARRIAGE to your spouse

or

5 YEARS on your own

(again if you are a VAWA recipient- special rules) if you dont know what VAWA is or the i360 then you arent a VAWA recipient!

(sorry for all the caps- my mouse is not cooperating to use the italics or underline today)

[believeinmiracles 1]

huh?

Can you please clarify some more?

Did you get your greencard based on VAWA (the 360 form) if so there are special rules for citizenship.

Otherwise the rules are simple- it does not matter how long you have LIVED in the US. Its the date you became a LPR (permanent resident-date greencard was issued)- thats all that matters. It kind of stinks because for example IF I arrive on Jan 1 2015 and I technically began living here on Jan 1 2015 but it takes USCIS 6 months to issue me a card. Technically I am not a LPR until June 1 2015. So I am 'shorted' 6 months if you look at it that way.

They make the rules and thats how its looked at- so---- everyones got to deal with it.

SO the rules are- You can apply in

3 YEARS from the date of your Greencard based on a VALID MARRIAGE to your spouse

or

5 YEARS on your own

(again if you are a VAWA recipient- special rules) if you dont know what VAWA is or the i360 then you arent a VAWA recipient!

(sorry for all the caps- my mouse is not cooperating to use the italics or underline today)

Hi,

I have a 10 year green card, i am going for my citizenship interview

[RICARDO4EVA2 194]

Hi,

I have a 10 year green card, i am going for my citizenship interview

The previous person is asking - did you get your 10 year green card because your husband abused you... or through the standard application process?

[Fan_Dancer 171]

Hi,

I have a 10 year green card, i am going for my citizenship interview

Almost everybody eligible for citizenship has a 10 year card, it's not enough.

[Boiler 43,429]

No need to go VAWA, married when entered so even if she had the 2 year card would just have removed conditions.

[czechtn 1]

Whoever is in a domestic violence situation, please contact a local immigration agency of any sort. There is Violence Against Women Act (VAWA). It is fairly easy to continue any communication with USCIS under this act, if you would like more information just message me.

http://www.uscis.gov/sites/default/files/USCIS/Humanitarian/T-U-VAWA-relief.pdf

[Merrytooth 5,748]

Whoever is in a domestic violence situation, please contact a local immigration agency of any sort. There is Violence Against Women Act (VAWA). It is fairly easy to continue any communication with USCIS under this act, if you would like more information just message me.

http://www.uscis.gov/sites/default/files/USCIS/Humanitarian/T-U-VAWA-relief.pdf

OP already has 10 years green card. She does not need VAWA to get one.

[Boiler 43,429]

The one thing VJ is not short on is VAWA guidance. Well covered.

[believeinmiracles 1]

The previous person is asking - did you get your 10 year green card because your husband abused you... or through the standard application process?

Standard application process

Almost everybody eligible for citizenship has a 10 year card, it's not enough.

YES, read all the comments, that was not my question.

[lmatos1978 14]

Hi Everyone,

i was hoping for some help, in what documentations i would need to take with to the interview. I have a restraining order against my husband and my interview is based on 3 years of being married. I went in to see the Immigration officer and he suggested i still come in to the interview.

It would be helpful if you would gives a lit bit more of info, just by what you stated you are not eligible for naturalization under the 3 years rule. You have to be married and living with you husband to be eligible!

• Have been a permanent resident (green card holder) for at least 3 years
• Have been living in marital union with the same U.S. citizen spouse during such time
• Meet all other eligibility requirements under this section

See more info -> http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens