Applying for N400 under VAWA 3 year rule, divorcing USC (just preparing to file)

[vamphog 11]

Hi, second topic today from me.

 

Tomorrow I become eligible to file N400 under 3 year rule after VAWA greencard was granted to me. Because of the very traumatic experience with my ex husband, I did not have any energy up until this moment to start dealing with divorce. Now I am worrying that the USCIS will have questions of why we are still not divorced. What do you guys think?

[Boiler 43,462]

A very reasonable consideration, get that Divorce done.

[FriendlyUser 42]

If I were in your situation, I would first handle the divorce and then submit the N-400 form. During the interview, they will likely ask why it took three years to file for and finalize the divorce. Simply explain that stress and depression from the difficult/"traumatic" relationship made it hard to deal with the divorce immediately. You only had the energy to physically leave the situation. Did you move to NYC after the separation? If so, mention that it takes time to adjust to living in NYC, finding a job, and so on. If you were already living here before the separation, you can say it takes time to rebuild your life from scratch in this city. 

[vamphog 11]

11 hours ago, FriendlyUser said:

If I were in your situation, I would first handle the divorce and then submit the N-400 form. During the interview, they will likely ask why it took three years to file for and finalize the divorce. Simply explain that stress and depression from the difficult/"traumatic" relationship made it hard to deal with the divorce immediately. You only had the energy to physically leave the situation. Did you move to NYC after the separation? If so, mention that it takes time to adjust to living in NYC, finding a job, and so on. If you were already living here before the separation, you can say it takes time to rebuild your life from scratch in this city. 

 And this is true. I am ready to explain if asked. Life did not treat me well these years either. The whole thing gave me some serious health issues that I had to take care first. Also, I was in school during that time and finished school with my credit cards maxed out. Not to mention Covid pandemic when I lost my income for 7 months. I just got on my feet, I would say last year more or less, so that is when I started thinking that I need to get the divorce at least started (I know it can last long months if not more to get finalized)

[Boiler 43,462]

New York it will take more than a few months.

[vamphog 11]

Quote

8 minutes ago, Boiler said:

New York it will take more than a few months.

 

Yes, that is for sure

[Sandra G. 5,016]

On 2/17/2024 at 11:02 PM, vamphog said:

Hi, second topic today from me.

 

Tomorrow I become eligible to file N400 under 3 year rule after VAWA greencard was granted to me. Because of the very traumatic experience with my ex husband, I did not have any energy up until this moment to start dealing with divorce. Now I am worrying that the USCIS will have questions of why we are still not divorced. What do you guys think?

It’s not necessary to be divorced.

[OldUser 4,833]

On 2/21/2024 at 7:32 AM, Sandra G. said:

It’s not necessary to be divorced.

But it doesn't help WAVA case? 

I wouldn't be surprised if IO asks a question why you're still married to the abuser?

[Boiler 43,462]

Why complicate issues, none is saying it is a requirement.

Edited February 22 by Boiler

[Sandra G. 5,016]

On 2/22/2024 at 2:23 PM, OldUser said:

But it doesn't help WAVA case? 

I wouldn't be surprised if IO asks a question why you're still married to the abuser?

It doesn't make any difference. I would say 95% of my clients who filed VAWA were still married when USCIS approved their green cards.

Edited February 26 by Sandra G.

[OldUser 4,833]

15 minutes ago, Sandra G. said:

It doesn't make any difference. I would say 95% of my clients who filed VAWA were still married when USCIS approved their green cards.

This is naturalization case. I hope it goes smooth. Staying married has so many downsides besides immigration. From spouse accumulating debt to opening credit accounts in spouse name or claiming tax breaks when not eligible. Financial abuse is a real thing.

Edited February 26 by OldUser

[Sandra G. 5,016]

On 2/26/2024 at 3:19 PM, OldUser said:

This is naturalization case. I hope it goes smooth. Staying married has so many downsides besides immigration. From spouse accumulating debt to opening credit accounts in spouse name or claiming tax breaks when not eligible. Financial abuse is a real thing.

In addition to what I stated previously, it also applies to naturalization.