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so i was assaulted by my husband and i did my interview for my n400 amd pass and still waiting for the final word from my i751. since i am separated and i am getting a restraining order, what are my opions now. i cant afford a lawyer. i need help 

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Filed: Lift. Cond. (pnd) Country: Iran
Timeline

If you are called in for an interview and you are alone you will need to go to interview and ask the officer to convert your i751 to an abuse waver. case.

 

You will need evidence of your abuse police reports, medical evidence, pictures of injuries, copy of restraining order.

 

You should consider filing a new i751 with abuse waver with evidence of the abuse as soon as possible.  

 

Change you address with USCIS if needed to prevent your spouse from getting your notices from USCIS.

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On 9/7/2020 at 1:41 PM, sasha8384 said:

so i was assaulted by my husband and i did my interview for my n400 amd pass and still waiting for the final word from my i751. since i am separated and i am getting a restraining order, what are my opions now. i cant afford a lawyer. i need help 

You have to wait for the I-751 to complete on order to have the citizenship finalized..   You should reach out to the Ombudsman office first and then to your congressional delegation.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: Lift. Cond. (pnd) Country: Iran
Timeline

If you 751 is approved without an interview and you are still married you may be okay, but you will have issues if USCIS finds out you are separated from your spouse regarding n400. You may need to withdraw you n400 case to avoid misrepresentation charge.

 

1) Your i751 may require an interview, if so go to the interview alone and convert you i751 to a waver case due to abuse by requesting the officer that is interviewing you to convert it. Bring evidence of your abuse with you. 

2) You should file and i751 waver due to abuse in the near future. If needed file Form I-912 to request a fee waiver for new i751.

Note you can still file for the 3 year naturalization with the abuse waver.

 

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A VAWA or abuse waiver can still file under the 3 year rule.  This is an exception to rule of remaining married.  This also applies if the petitioner has died.

Edited by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: Lift. Cond. (pnd) Country: Iran
Timeline

The issue is if the petitioner and spouse are separated the joint i751 petition and the n400 are no longer valid. If you don't inform USCIS of the change in marital status with a updated i751 with a waver due to abuse you may find yourself charged with misrepresentation. Once you file i751 with the waver the petitioner will be covered and the n400 will still be valid. 

 

The joint i751 and n400 (three years) both require the petitioner and spouse be together. There may be some wiggle room with the i751 if you have not divorced or legally separated and the i751 gets approve with no interview near the time the abuse occurred.  If both the i751 and the n400 are both approved then I would consult an immigration attorney to see if there is a danger of misrepresentation in your case, and what to do about it, if anything. 

 

In any event there is a clear path to move ahead with the such an unfortunate case an i751 with a abuse waver.  

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Separated is fine for naturalization. The requirement under the 3 year rule is marital union up until the N-400 is filed AND legally married until naturalized. Separation would only break marital union, but that part is no longer a concern.

For I-751, it can matter.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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On 9/7/2020 at 4:47 PM, Sweet5884 said:

Did you do combo interview? did you filed for a divorce? 

i was suppose tp do a combo but once they were ready to do the i751 they said they were waiting on signature and couldnt do interview 

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13 hours ago, da95826 said:

You really should seek advice from an experienced immigration attorney to avoid problems with USCIS.

im trying to seek legal aid as i cant afford a lawyer right now

3 hours ago, geowrian said:

Separated is fine for naturalization. The requirement under the 3 year rule is marital union up until the N-400 is filed AND legally married until naturalized. Separation would only break marital union, but that part is no longer a concern.

For I-751, it can matter.

i moved out only a week ago

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13 hours ago, da95826 said:

The issue is if the petitioner and spouse are separated the joint i751 petition and the n400 are no longer valid. If you don't inform USCIS of the change in marital status with a updated i751 with a waver due to abuse you may find yourself charged with misrepresentation. Once you file i751 with the waver the petitioner will be covered and the n400 will still be valid. 

 

The joint i751 and n400 (three years) both require the petitioner and spouse be together. There may be some wiggle room with the i751 if you have not divorced or legally separated and the i751 gets approve with no interview near the time the abuse occurred.  If both the i751 and the n400 are both approved then I would consult an immigration attorney to see if there is a danger of misrepresentation in your case, and what to do about it, if anything. 

 

In any event there is a clear path to move ahead with the such an unfortunate case an i751 with a abuse waver.  

i am trhing to get legal aid but it so much problem to get one 

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Filed: Lift. Cond. (pnd) Country: Iran
Timeline

I am sorry for you situation, if both the i751 and the n400 gets approved without an interview then you will be call to USCIS to complete your n400 please inform USCIS of your siruration if they ask you if you are still married and still living with your spouse bring evidence of the abuse. Do not mislead USCIS there is no need to you are entitled to citizenship under a battered spouse waver, you just need to work through the paperwork. Hopefully when you update USCIS at n400 they will allow you to proceed with naturalization process anyway.

 

If you and your spouse get call in for an interview for the i751 be sure to go to the interview (without spouse) with evidence of abuse, and your restraining order be sure to request a conversion of the i751 to a abuse waver case (converting the i751 would be good no extra fee)

 

Seek a fee waver (i920) for a new i751 with waver filing, then file ASAP if the USCIS does not call you in for an i751 interview soon or approve the i751 soon don't wait too long to file an updated i751 with waver. 

 

I wish you the best of luck working through your case.

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