VAWA, Part 26

[OldUser 5,059]

18 hours ago, ax1990 said:

Dear All,

 

I had a conversation with my attorney regarding getting married again and he told me that I should not get married and sponsor my wife since I got my GC through my wife who was an LPR. I was told that I should wait 5 years until I become USC. He didn’t remember if it applies to those who got GC though vawa. So I came here seeking advice.

 

My marriage case wasn’t strong enough due to obvious reasons but my vawa case was strong enough that my AOS was approved. Due to what I experienced, I chose not to get married here in the US and marry someone in my home country.

 

My question is… is it true that I should wait 5 years before I petition for my wife? I know it’s a long process and I’m not getting married anytime soon but I’d like to know what my options are.

 

Please let me know if you have any information regarding this. Thank you.

Your lawyer gave you a sound advice. By sponsoring somebody soon after receiving GC based on marriage (or WAVA), you're effectively inviting USCIS to scrutinize your first marriage again and accuse you of fraud. They'll think you knew the second spouse all this time and married the first one just for immigration benefit. This doesn't only apply to WAVA. It also applies to somebody who got GC or citizenship based on marriage to US citizen, divorced them, remarried to somebody else and now sponsoring them for GC. I cannot quote the rules or laws exactly, but this topic came up a lot of times on Jim Hacking immigration show.

Edited March 22, 2023 by OldUser

[God is a good God 238]

18 hours ago, ax1990 said:

Dear All,

 

I had a conversation with my attorney regarding getting married again and he told me that I should not get married and sponsor my wife since I got my GC through my wife who was an LPR. I was told that I should wait 5 years until I become USC. He didn’t remember if it applies to those who got GC though vawa. So I came here seeking advice.

 

My marriage case wasn’t strong enough due to obvious reasons but my vawa case was strong enough that my AOS was approved. Due to what I experienced, I chose not to get married here in the US and marry someone in my home country.

 

My question is… is it true that I should wait 5 years before I petition for my wife? I know it’s a long process and I’m not getting married anytime soon but I’d like to know what my options are.

 

Please let me know if you have any information regarding this. Thank you.

I think you don’t have to wait 5 year. Vawa green card holders are qualified for citizenship after 3 years and you can marry once you get your citizenship after 3 years. Remember sending your citizenship application 2 years and 9 months after getting your green card

Edited March 22, 2023 by God is a good God

[ax1990 29]

2 hours ago, OldUser said:

Your lawyer gave you a sound advice. By sponsoring somebody soon after receiving GC based on marriage (or WAVA), you're effectively inviting USCIS to scrutinize your first marriage again and accuse you of fraud. They'll think you knew the second spouse all this time and married the first one just for immigration benefit. This doesn't only apply to WAVA. It also applies to somebody who got GC or citizenship based on marriage to US citizen, divorced them, remarried to somebody else and now sponsoring them for GC. I cannot quote the rules or laws exactly, but this topic came up a lot of times on Jim Hacking immigration show.

Thanks for the info. I wasn’t thinking about getting married right away. Maybe after a couple of years. It takes time to find someone and get to know the person. Not going to make the same mistake and rush like I did the first time. But again, I’m getting old and 5 years wait seems a bit extreme.

[ax1990 29]

1 hour ago, God is a good God said:

I think you don’t have to wait 5 year. Vawa green card holders are qualified for citizenship after 3 years and you can marry once you get your citizenship after 3 years. Remember sending your citizenship application 2 years and 9 months after getting your green card

Unfortunately my spouse was an lpr so I would have to wait 4 years and 9 months before I can apply for citizenship. Correct me if I’m wrong but I think 3 years rule applies to those who were/are married to usc.

[TBoneTX 43,407]

1 hour ago, ax1990 said:

5 years wait seems a bit extreme

"Marry in haste, repent in leisure."

[Pinkrlion 2,611]

On 3/21/2023 at 11:15 PM, ax1990 said:

Dear All,

 

I had a conversation with my attorney regarding getting married again and he told me that I should not get married and sponsor my wife since I got my GC through my wife who was an LPR. I was told that I should wait 5 years until I become USC. He didn’t remember if it applies to those who got GC though vawa. So I came here seeking advice.

 

My marriage case wasn’t strong enough due to obvious reasons but my vawa case was strong enough that my AOS was approved. Due to what I experienced, I chose not to get married here in the US and marry someone in my home country.

 

My question is… is it true that I should wait 5 years before I petition for my wife? I know it’s a long process and I’m not getting married anytime soon but I’d like to know what my options are.

 

Please let me know if you have any information regarding this. Thank you.

It is true. Since you were not married to a US Citizen you have to wait 5 years to file for Citizenship. Also since you obtained your GC through marriage. You cannot file for a new spouse for 5 years. 

[Karman 58]

7 hours ago, Pinkrlion said:

It is true. Since you were not married to a US Citizen you have to wait 5 years to file for Citizenship. Also since you obtained your GC through marriage. You cannot file for a new spouse for 5 years. 

Good information. But is it possible to get married early and not sponsor the spouse till the sponsoring person become US citizen. In the mean time the immigrating spose can be in a different visa status. How does USCIS look into this? 

[Fran_zee 2]

Hey guys, thanks for all the info you shared here. I just filed my VAWA but it seems my lawyer still filed my application in Vermont service center instead of Nebraska. USCIS is allowing filing in Vermont till April 12. I am a bit angry because I was hoping my lawyer would file in Nebraska since they are not yet overloaded with cases there and it would be a bit faster. What do you guys think?

[TBoneTX 43,407]

4 hours ago, Fran_zee said:

my lawyer still filed my application in Vermont service center

If someone here knows the exact process, I defer to their answer.  My own impression is that some FIFO (first in, first out) system will be in place, and that nothing regarding VAWA or USCIS in general will be fast.  I hope that I'm wrong and that yours gets looked at sooner vs. later.

[Pinkrlion 2,611]

14 hours ago, Karman said:

Good information. But is it possible to get married early and not sponsor the spouse till the sponsoring person become US citizen. In the mean time the immigrating spose can be in a different visa status. How does USCIS look into this? 

USCIS will still question bonafide marriage.  It is not uncommon for those to marry and divorce their spouse in the US to marry their true love in home country and bring them over.  

[Pinkrlion 2,611]

11 hours ago, Fran_zee said:

Hey guys, thanks for all the info you shared here. I just filed my VAWA but it seems my lawyer still filed my application in Vermont service center instead of Nebraska. USCIS is allowing filing in Vermont till April 12. I am a bit angry because I was hoping my lawyer would file in Nebraska since they are not yet overloaded with cases there and it would be a bit faster. What do you guys think?

Nothing about a VAWA petition is fast.

[Fran_zee 2]

10 hours ago, Pinkrlion said:

Nothing about a VAWA petition is fast.

🥲🥲

17 hours ago, TBoneTX said:

If someone here knows the exact process, I defer to their answer.  My own impression is that some FIFO (first in, first out) system will be in place, and that nothing regarding VAWA or USCIS in general will be fast.  I hope that I'm wrong and that yours gets looked at sooner vs. later.

Thanks, hoping the same too. I wish they can optimize their system to be faster though

[Hope4me 55]

Hey Fam,

VAWA has been pending since Jan/Feb 2020. I received RFE and replied in July last year. Although, I did not receive an acknowledgment for RFE  but online tracking stated they were going to resume working on my case. 6 days ago, I received a notification on my app saying "Correspondence was received and USCIS is reviewing it". I was surprised and this morning via informed delivery, there are 3 mails incoming from USCIS Lees Summit Office, Missouri. Does anyone have an idea of what is going on?

[Apple90 60]

44 minutes ago, Hope4me said:

Hey Fam,

VAWA has been pending since Jan/Feb 2020. I received RFE and replied in July last year. Although, I did not receive an acknowledgment for RFE  but online tracking stated they were going to resume working on my case. 6 days ago, I received a notification on my app saying "Correspondence was received and USCIS is reviewing it". I was surprised and this morning via informed delivery, there are 3 mails incoming from USCIS Lees Summit Office, Missouri. Does anyone have an idea of what is going on?

Nope let us know when you get them 

[Hope4me 55]

40 minutes ago, Apple90 said:

Nope let us know when you get them 

UPDATE: Just received the mails. 2 envelopes are for Combo card notice of actions filed since 2021. I already received that card last year. The 3rd envelope is also notice of action but for VAWA filed in 2020. Even though I received prima facie document around Mar/April, shortly after filing in Jan/Feb 2020, the received date on this document says August 2020. Anyway, the mails are all from USCIS Lees Summit production facility and not from Vermont. Strange!