Filling for citizenship from a VAWA green card

[WangJig 0]

Hello, I just recently got my 10year green card under VAWA and would like to file for citizenship, however I am afraid that my wife will not be able to come for the N400 interview as we are now separated. Please advise me what to do to make it easy for me. Thank you. 

[Lil bear 3,831]

9 minutes ago, WangJig said:

Hello, I just recently got my 10year green card under VAWA and would like to file for citizenship, however I am afraid that my wife will not be able to come for the N400 interview as we are now separated. Please advise me what to do to make it easy for me. Thank you. 

You need to apply after 5 years of being an LPR… and this does not depend on your previous length of marriage to a USC 

[WangJig 0]

I got the green card since March of 2016 and the conditions were removed May of 2022

[SalishSea 16,770]

47 minutes ago, WangJig said:

I got the green card since March of 2016 and the conditions were removed May of 2022

If you claimed she abused you ,  why would you want her to be involved in your naturalization?

 

If you have been an LPR for 5 years, file under that rule.   Your prior marriage is irrelevant under the 5 year rule.

[Boiler 43,429]

6 minutes ago, Jorgedig said:

If you claimed she abused you ,  why would you want her to be involved in your naturalization?

 

If you have been an LPR for 5 years, file under that rule.   Your prior marriage is irrelevant under the 5 year rule.

Mind you I would like to be a fly on the wall if he did turn up with having filed VAWA.

 

Edited October 20, 2022 by Boiler

[Rocio0010 5,562]

3 hours ago, WangJig said:

Hello, I just recently got my 10year green card under VAWA and would like to file for citizenship, however I am afraid that my wife will not be able to come for the N400 interview as we are now separated. Please advise me what to do to make it easy for me. Thank you. 

Are you separated or divorced?

[WangJig 0]

as for now we are separated 

[SalishSea 16,770]

2 hours ago, WangJig said:

as for now we are separated 

And again, we need clarity:   You’ve told USCIS that you were subjected to extreme cruelty.   Are you asking if you can use the 3 year rule to file for citizenship?   
 

I’m not an expert on VAWA, but I was under the impression that to qualify you had to have ended the relationship with the abuser, and be divorced.

[SteveInBostonI130 3,319]

16 hours ago, WangJig said:

Hello, I just recently got my 10year green card under VAWA and would like to file for citizenship, however I am afraid that my wife will not be able to come for the N400 interview as we are now separated. Please advise me what to do to make it easy for me. Thank you. 

 

What is odd is that you are worried about your wife not being able to attend because "we are now separated"?   Are the concerns for violence and abuse gone away?

 

I believe @TBoneTX manages the VAWA megathread.   Could you provide some information about the process?

[Imperium 81]

On 10/20/2022 at 6:00 PM, WangJig said:

Hello, I just recently got my 10year green card under VAWA and would like to file for citizenship, however I am afraid that my wife will not be able to come for the N400 interview as we are now separated. Please advise me what to do to make it easy for me. Thank you. 

You do not need your spouse to be present for Naturalization under this class. You may apply for Naturalization at 2 year and 9 month (3 Year rule).

[nastra30 1,980]

1 hour ago, Imperium said:

You do not need your spouse to be present for Naturalization under this class. You may apply for Naturalization at 2 year and 9 month (3 Year rule).

This is true. VAWA LPR (if married to USC) can apply for naturalization after 3 years of residency. And they don't need spouse for the process. It does not matter whether they are still married to the USC or divorced.

https://www.uscis.gov/sites/default/files/document/fact-sheets/DO_FactSheet_NatzForVAWALawfulPermResidents_V3_508.pdf

Edited October 23, 2022 by nastra30

[Family 3,475]

On 10/21/2022 at 4:23 AM, WangJig said:

as for now we are separated 

You do not need to be divorced in order to file your N-400 and qualify to file now under the 3 year rule or wait until March 2023 and file under the 5 year. 
 

Based on your post , you filed I-751 w waiver as the battered spouse , covered under VAWA, see useful link provided by other member. 

[Chancy 6,233]

*** Moved from US Citizenship Progress Reports to General Discussion ***

 

[da95826 387]

On 10/20/2022 at 3:00 PM, WangJig said:

Hello, I just recently got my 10year green card under VAWA and would like to file for citizenship, however I am afraid that my wife will not be able to come for the N400 interview as we are now separated. Please advise me what to do to make it easy for me. Thank you. 

You can file a n400 under the 3 year rule if you would like if you qualified. Any green card holder who obtained their green card due to abuse can use the 3 year rule without their spouse. See the web link https://www.uscis.gov/sites/default/files/document/fact-sheets/DO_FactSheet_NatzForVAWALawfulPermResidents_V3_508.pdf.

 

On 10/20/2022 at 3:26 PM, WangJig said:

I got the green card since March of 2016 and the conditions were removed May of 2022

Looks to me you can file the n400 under the 5 year rule now as you have had your green card 6 years already since March of 2016.

 

You are eligible to file the n400 now under either the 3 year or 5 year rule. If you have not been out of the US much in the last 5 years, and if there are no 'good character' issues within the last 5 years then you are good to file under the 5 year rule.  I think the 5 year rule is easier to file, but it goes back 5 years; the 3 years rule goes back 3 years of review of time out of the USA of more than 50% of the time, good character issues, and being more than 180 days on one trip out of the US. In your case you do not need to prove you are married and living with your spouse in either case (5 or 3 year rule), you will need to show you got your i360 abuse case approved (3 year rule). And no you do not bring your spouse to the interview.

 

Keep in mind the need to live at your address for 90 day before you file the n400. 

Edited October 25, 2022 by da95826

[Family 3,475]

39 minutes ago, da95826 said:

you have had your green card 6 years already since March of 2016.

Thank you for pointing that, my math was off.