Can I apply for naturalization under the 3-year rule based on marriage to a U.S. citizen, even though I filed my I-751 under the abuse and divorce waiver?

[Natalie james 0]

Hello,

 

I’m a conditional permanent resident who obtained a green card through marriage to a U.S. citizen. Unfortunately, my marriage ended due to emotional, psychological, and financial abuse, and we eventually divorced.

 

I filed Form I-751 with a waiver under two grounds:

 

1. Extreme cruelty (abuse) 
2. Good faith marriage that ended in divorce

 

 

My I-751 is still pending or recently filed. I provided strong supporting documentation, including therapy records, affidavits, and evidence of a good faith marriage and the abuse I experienced.

 

 

My question is:

 

 

Can I apply for naturalization under the 3-year rule based on marriage to a U.S. citizen, even though I filed my I-751 under the abuse and divorce waiver?

 

Some sources say you must still be married to the U.S. citizen at the time of filing for naturalization under the 3-year rule. Others suggest that if you entered the marriage in good faith and were abused, you may qualify for early naturalization even after divorce, under certain USCIS guidance.

 

 

 

 

Key Facts:

 

 

• I got my 2-year conditional green card through marriage to a U.S. citizen.
• I filed I-751 with a waiver based on abuse and divorce (dual waiver).
• I was married for less than 3 years before divorce was finalized.
• I’ve now been a permanent resident for [insert number of years].
• I’m not remarried and I’m not living with the ex-spouse.
• My marriage was bona fide but involved documented abuse.

 

 

I want to be sure whether I must wait the full 5 years as a lawful permanent resident, or if my case qualifies for the 3-year exception despite the divorce.

 

I’d appreciate guidance from attorneys or anyone with experience in similar situations.

 

Thank you so much.

[Dashinka 25,845]

Moved to the U.S. Citizenship General Discussion section.

[Dashinka 25,845]

You appear to be eligible to file under the 3 yr rule based on a VAWA filing of an I751.  My only concern would be if the I751 is approved with the VAWA.  

Good Luck!

 

https://www.nolo.com/legal-encyclopedia/when-vawa-green-card-holders-can-apply-us-citizenship-naturalization.html