N400 under VAWA 3 year rule, re-married, sponsoring Husband

[Quarknase 1,072]

6 hours ago, TBoneTX said:

Congratulations, and thanks for returning with your update!

Thank you!

[Sandra G. 5,016]

On 12/2/2019 at 4:25 AM, Quarknase said:

Hello,

 

I hope this is the best forum category to post these questions - if not, please feel free to move to a more appropriate category.

 

I received permanent residency under vawa in 2016 and am eligible to file for naturalization under the 3 year rule. I have since re-married, my husband lives abroad and we have filed the I-130 for him to eventually join me in the US. After doing a lot of reading online (we're filing everything by ourselves), I'm left with some specific questions that I am hoping to find answers for:

 

1) Eligibility for Naturalization

I found some contradicting info wether I would be eligible for naturalization under 3 year rule if re-married to a non us citizen, but no real source to confirm one or the other (in fact I don't see this being addressed on any "official" resource).

Am I eligible to apply under 3 year rule if re-married (to a non us citizen)?

 

2) Pending I-130 petition for husband while filing under 3 year rule

As a permanent resident I am eligible to petition for my husband. Does having received PR under VAWA, or applying for naturalization under 3 year rule any impact on this? Again, I found some contradicting info that eligibility to sponsor my husband would not be until 5 years of being a PR, but then again no real source for this.

 

3) Proof for eligibility under 3 year rule

I am intending to file the N400 online and it looks like no passport photo upload is required, and no financials (tax transcripts)? So far I'm planning to submit 

- Copy of front and back of Greencard

- Current marriage certificate

- Divorce certificate from previous marriage

- I-360 approval notice

- USCIS Memorandum to show eligibility under 3 year rule as vaca recipient

Anything I am missing here - especially considering that I am filing early under "Other" category as explained above?

 

Thanks a bunch in advance

 

1-Yes the naturalization 3 year- rule does apply to your case, considering your ex husband is a U.S Citizen .Remarrying will not change your right to naturalize under the 3 year-rule ok. When filing out the form N400 Part 1  about elIgibility, check box E for "other" and write  " VAWA 319(A)".

 https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2005/sec319a012705.pdf

2-You can file form I-130 for your husband  now as a green card holder, and once you become a U.S Citizen you just need to update his category.

 

 

[Quarknase 1,072]

22 hours ago, sandranj said:

1-Yes the naturalization 3 year- rule does apply to your case, considering your ex husband is a U.S Citizen .Remarrying will not change your right to naturalize under the 3 year-rule ok. When filing out the form N400 Part 1  about elIgibility, check box E for "other" and write  " VAWA 319(A)".

 https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2005/sec319a012705.pdf

2-You can file form I-130 for your husband  now as a green card holder, and once you become a U.S Citizen you just need to update his category.

 

 

Thank you! Our I-130 already got approved (after 107 days), so if all goes well he will be here soon, and we'll go to my oath ceremony together 🙏😍

[TBoneTX 43,155]

Remember to provide full reports!  

[JoyNow 7]

On 3/10/2020 at 10:42 PM, sandranj said:

1-Yes the naturalization 3 year- rule does apply to your case, considering your ex husband is a U.S Citizen .Remarrying will not change your right to naturalize under the 3 year-rule ok. When filing out the form N400 Part 1  about elIgibility, check box E for "other" and write  " VAWA 319(A)".

 https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2005/sec319a012705.pdf

2-You can file form I-130 for your husband  now as a green card holder, and once you become a U.S Citizen you just need to update his category.

 

 

Edited March 12, 2020 by JoyNow

[VJ 5656 1]

On 3/11/2020 at 9:34 PM, Quarknase said:

Thank you! Our I-130 already got approved (after 107 days), so if all goes well he will be here soon, and we'll go to my oath ceremony together 🙏😍

Hi Can you give me more updates on your case. I am in same boat I am wava green card holder and want to remarry.

[Quarknase 1,072]

29 minutes ago, VJ 5656 said:

Hi Can you give me more updates on your case. I am in same boat I am wava green card holder and want to remarry.

Sure. The last update was right before covid hit - and many things have changed since, as we all know.

 

My N-400 is pending waiting for interview to be scheduled.

My husband had his interview at the consulate last month (all dates for F2A are in our timeline).

F2A visas are banned at the moment, but we sued against the ban along with 180 other families and were granted relief via preliminary injunction (which means the ban doesn't apply to plaintiffs).

 

Generally the comments made here are correct - if you received your greencard based on marriage, you need to be an LPR for 5 years to be eligible to sponsor an immigrant. We were able to overcome this hurdle with lots of proof, and I was separated for almost 5 years at that time and there was no rush from one marriage to the other. 

 

 

[VJ 5656 1]

1 minute ago, Quarknase said:

Sure. The last update was right before covid hit - and many things have changed since, as we all know.

 

My N-400 is pending waiting for interview to be scheduled.

My husband had his interview at the consulate last month (all dates for F2A are in our timeline).

F2A visas are banned at the moment, but we sued against the ban along with 180 other families and were granted relief via preliminary injunction (which means the ban doesn't apply to plaintiffs).

 

Generally the comments made here are correct - if you received your greencard based on marriage, you need to be an LPR for 5 years to be eligible to sponsor an immigrant. We were able to overcome this hurdle with lots of proof, and I was separated for almost 5 years at that time and there was no rush from one marriage to the other. 

 

 

Thank You so much for your replay 

I had my N400 interview on September 2020 and still waiting for result. I am green card holder since may 2017, Files N400 in Feb 2020

is it possible we can share our email address ?

[Quarknase 1,072]

On 2/14/2021 at 3:02 PM, VJ 5656 said:

Thank You so much for your replay 

I had my N400 interview on September 2020 and still waiting for result. I am green card holder since may 2017, Files N400 in Feb 2020

is it possible we can share our email address ?

What do you mean waiting for result? They said they cannot make a decision if you are eligible for Citizenship? Have you gotten a Senator to inquire on your behalf why this is taking so long?

 

I personally would wait with marriage until you naturalize. Simply because you would potentially trigger another delay if you had your interview as single but show up to oath as married. But I'm not 100% sure about that. Maybe make a new post in the N-400 section to get more attention and others can advise

[TBoneTX 43,155]

A hijack post and replies to it have been removed.  Please avoid posting the same query in multiple places.

[bluelline1039 15]

To clarify, if your VAWA was approved and you are not married you can apply for citizenship at 3year anniversary if you got married then you have to wait 5 years to apply for citizenship.

[Quarknase 1,072]

2 hours ago, bluelline1039 said:

To clarify, if your VAWA was approved and you are not married you can apply for citizenship at 3year anniversary if you got married then you have to wait 5 years to apply for citizenship.

Source?

@sandranj confirmed that VAWA LPR can re-marry and still apply under 3 year rule. New spouse has nothing to do with eligibility under 3 year rule.

[bluelline1039 15]

18 minutes ago, Quarknase said:

Source?

@sandranj confirmed that VAWA LPR can re-marry and still apply under 3 year rule. New spouse has nothing to do with eligibility under 3 year rule.

My attorney told me this information, and I sent in my Application 90 days before an my application was sent back from USCIS and had to wait till 3 year mark. For N400

Edited February 26, 2021 by bluelline1039

[Quarknase 1,072]

7 hours ago, bluelline1039 said:

My attorney told me this information, and I sent in my Application 90 days before an my application was sent back from USCIS and had to wait till 3 year mark. For N400

Your attorney may have given you wrong info, maybe to cover up that he made a mistake lol. Sandra is an attorney too and specialized on vawa cases so I trust her statement on this. You can read it if you go back in this thread

[Sandra G. 5,016]

7 hours ago, Quarknase said:

Source?

@sandranj confirmed that VAWA LPR can re-marry and still apply under 3 year rule. New spouse has nothing to do with eligibility under 3 year rule.

I explained about this before, the BIA had decision in a FEW DECISIONS  that  they approved the  3 year rule, BUT  IT'S NOT THE LAW, it's a BIA DECISION!. Your attorney is very irresponsible giving this kind of information, he supposes to tell his client what the Law says and not what the BIA decided.I posted the Law before.

 

If someone wants me to hire me because the person wants to  sponsor  the new spouse I will be very clear with the person and I will say "yeah the BIA had a few decision about this, but you need to keep in mind they can DENY  the I-485 and your spouse will be placed in removal".

Edited February 26, 2021 by sandranj