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Quarknase

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  1. Like
    Quarknase reacted to Villanelle in VAWA, Part 15   
    This is incorrect.  marital status is irrelevant, its about the abusers status. 
     
    If you are abused spouse or child of USC then you can apply at 3yr.
    If you are abused by LPR spouse then you apply at 5yr.(unless you show the LPR naturalized)
  2. Like
    Quarknase got a reaction from Makanaki in VAWA, Part 14   
    Hi @FeDaniela, I want to piggy bank on @Trizzle's comment. I received my Greencard after approved VAWA back in 2016. I didn't have an interview (back then it was possible that the interview gets waived when you have a strong case), so I'm unable to state if an IO would give you weird looks for still being married. But what I do know is, that a divorce proceeding doesn't have to be started to receive the greencard. In fact it has no impact whatsoever (NYC Office back then).
    My attorney back then actually advised me to wait with divorce filing after the entire process is complete - for two reasons.
    1/ Less paperwork for the IO to go through
    2/ You can apply for WAVA up until 2 years after your divorce. This means if you are not sure if you have a strong case, and you are divorced by the time you file WAVA, a potential denial could be received after the 2 year window passes. This would prevent you from re-filing (which is often recommended over filing a motion to review a decision). If you are still married (not divorced), there's no "cut-off" date for VAWA eligibility.
    Having that said, for some of us it's more stressful to remain married to the abuser, for others it's more stress to deal with a divorce. We each should do what works best for us, and not let the paperwork get in our way of a stress free life.
     
    I hope this puts your mind at ease.
  3. Like
    Quarknase got a reaction from FavouredOne in VAWA, Part 14   
    Hi @FeDaniela, I want to piggy bank on @Trizzle's comment. I received my Greencard after approved VAWA back in 2016. I didn't have an interview (back then it was possible that the interview gets waived when you have a strong case), so I'm unable to state if an IO would give you weird looks for still being married. But what I do know is, that a divorce proceeding doesn't have to be started to receive the greencard. In fact it has no impact whatsoever (NYC Office back then).
    My attorney back then actually advised me to wait with divorce filing after the entire process is complete - for two reasons.
    1/ Less paperwork for the IO to go through
    2/ You can apply for WAVA up until 2 years after your divorce. This means if you are not sure if you have a strong case, and you are divorced by the time you file WAVA, a potential denial could be received after the 2 year window passes. This would prevent you from re-filing (which is often recommended over filing a motion to review a decision). If you are still married (not divorced), there's no "cut-off" date for VAWA eligibility.
    Having that said, for some of us it's more stressful to remain married to the abuser, for others it's more stress to deal with a divorce. We each should do what works best for us, and not let the paperwork get in our way of a stress free life.
     
    I hope this puts your mind at ease.
  4. Like
    Quarknase got a reaction from Triumphant in VAWA, Part 14   
    Hi @FeDaniela, I want to piggy bank on @Trizzle's comment. I received my Greencard after approved VAWA back in 2016. I didn't have an interview (back then it was possible that the interview gets waived when you have a strong case), so I'm unable to state if an IO would give you weird looks for still being married. But what I do know is, that a divorce proceeding doesn't have to be started to receive the greencard. In fact it has no impact whatsoever (NYC Office back then).
    My attorney back then actually advised me to wait with divorce filing after the entire process is complete - for two reasons.
    1/ Less paperwork for the IO to go through
    2/ You can apply for WAVA up until 2 years after your divorce. This means if you are not sure if you have a strong case, and you are divorced by the time you file WAVA, a potential denial could be received after the 2 year window passes. This would prevent you from re-filing (which is often recommended over filing a motion to review a decision). If you are still married (not divorced), there's no "cut-off" date for VAWA eligibility.
    Having that said, for some of us it's more stressful to remain married to the abuser, for others it's more stress to deal with a divorce. We each should do what works best for us, and not let the paperwork get in our way of a stress free life.
     
    I hope this puts your mind at ease.
  5. Like
    Quarknase reacted to Stillwinning!!!😊 in VAWA, Part 14   
    Thanks for this! Same point I tried to make! I believe it has no effect whatsover as it concerns the case, rather it should depend on your situation..and how desperate or urgent it is for your own good/safety!
  6. Like
    Quarknase reacted to Optimistic1986 in VAWA, Part 14   
    Very good input. Thank you!
  7. Like
    Quarknase got a reaction from Optimistic1986 in VAWA, Part 14   
    Hi @FeDaniela, I want to piggy bank on @Trizzle's comment. I received my Greencard after approved VAWA back in 2016. I didn't have an interview (back then it was possible that the interview gets waived when you have a strong case), so I'm unable to state if an IO would give you weird looks for still being married. But what I do know is, that a divorce proceeding doesn't have to be started to receive the greencard. In fact it has no impact whatsoever (NYC Office back then).
    My attorney back then actually advised me to wait with divorce filing after the entire process is complete - for two reasons.
    1/ Less paperwork for the IO to go through
    2/ You can apply for WAVA up until 2 years after your divorce. This means if you are not sure if you have a strong case, and you are divorced by the time you file WAVA, a potential denial could be received after the 2 year window passes. This would prevent you from re-filing (which is often recommended over filing a motion to review a decision). If you are still married (not divorced), there's no "cut-off" date for VAWA eligibility.
    Having that said, for some of us it's more stressful to remain married to the abuser, for others it's more stress to deal with a divorce. We each should do what works best for us, and not let the paperwork get in our way of a stress free life.
     
    I hope this puts your mind at ease.
  8. Thanks
    Quarknase got a reaction from Stillwinning!!!😊 in VAWA, Part 14   
    Hi @FeDaniela, I want to piggy bank on @Trizzle's comment. I received my Greencard after approved VAWA back in 2016. I didn't have an interview (back then it was possible that the interview gets waived when you have a strong case), so I'm unable to state if an IO would give you weird looks for still being married. But what I do know is, that a divorce proceeding doesn't have to be started to receive the greencard. In fact it has no impact whatsoever (NYC Office back then).
    My attorney back then actually advised me to wait with divorce filing after the entire process is complete - for two reasons.
    1/ Less paperwork for the IO to go through
    2/ You can apply for WAVA up until 2 years after your divorce. This means if you are not sure if you have a strong case, and you are divorced by the time you file WAVA, a potential denial could be received after the 2 year window passes. This would prevent you from re-filing (which is often recommended over filing a motion to review a decision). If you are still married (not divorced), there's no "cut-off" date for VAWA eligibility.
    Having that said, for some of us it's more stressful to remain married to the abuser, for others it's more stress to deal with a divorce. We each should do what works best for us, and not let the paperwork get in our way of a stress free life.
     
    I hope this puts your mind at ease.
  9. Like
    Quarknase reacted to dilip in Travel to and return from Iraq as PR | Impact on Citizenship?   
    Since, Iraq is not a nation of banned list countries, my guess is that your citizenship will not be impacted.  Keep documentation, the places you visited and pictures and if asked during citizenship interview, you have all the documents.    
     
    All  we all take risk in our life and if the risk is calculated, it is not a risk.  So go ahead, visit and enjoy.
  10. Like
    Quarknase reacted to afrocraft in Physical Presence requirements   
    I'm not fully sure I understand the source of your uncertainty, but I'll respond to the scenario you raised (in bold above):
     
    - Leaving the country for 3 months is almost never an issue -- unless you've formally notified the government that you're giving up your green card, or something to that effect.
     
    - For physical presence, all USCIS cares is that, by the day they receive your application, you've been physically in the US for 18 months or longer in total (calculated in days). Your goings and comings (e.g., 4 months out of 6, even just before interview) are totally irrelevant for evaluating physical presence.
     
    - One complication: If you leave the country for more than three months right before you apply for citizenship, and you relocate to a different USCIS jurisdiction (say, a different state) than the one you resided in before you travelled, then you must wait 3 months to meet the state residence requirement.
     
    Hope that helps!
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