escoffier

Hello,

I have a question regarding VAWA and US citizenship.

VAWA petitioners who received their residency through VAWA and want to apply for US citizenship are eligible three years – not the usual five years – after receiving residency. Of course, these victims of abuse need not live with or be married to the US citizen or legal permanent resident spouse as far as I know. Am I correct?

Now, here is the actual question. Let’s say that the VAWA individual divorced after receiving the residency, and has remarried since then. Will the VAWA individual still be able to apply for US citizenship after 3 years through form N-400 even though the individual remarried another person and is married to this person right now? Also, would it make any difference if the married person is in the US as an F1-student?

Thank you for your help!

I have been a VAWA applicant and was approved, I got my greencard in January 2008. Got remarried and in 2009 and got my citizenship of May 2011. All I can say is, Vawa applicant can get their citizenship if they remarried with a US Citizen. In the event that you remarried with a LPR you will have to wait 5 years. With the F-1 status, honestly I cannot tell. I was a little hesitant as well if I can apply for my citizenship after 3 years and gaining my greencard through VAWA but with research and all I found an answer to my own question. I even called the the 1800 number to double check, and I was told to wait 5 years, and then I introduce him to the INA 319(a):

Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

He put me on hold and when he came back he apologizes and said that YES I am correct and I am eligible, hope this helps, and goodluck. Make sure you keep a copy of your N400 for your reference.

Know your N-400 extremely well and the reason why you answered all the questions the way you did is the very first thing. And better to provide too much evidence than not enough. Be able to quickly snap back answers to the civics test, English test is nothing short of a joke. If a decision cannot be made at this time, ask politely why. My stepdaughter didn't do that, maybe that could have been cleared up then and there. If passed, politely ask about your oath ceremony and when you can expect to receive it.

Always some kind of bug up their butts, two years ago was a worthless utility bill for evidence, today is traffic violations or parking tickets and proof you paid for those. Neither was in any of their instructions or in the M-476 manual. But they can do anything they want to.

Was prepared for my wife, she asked me why I put her name on our electric bill, even after all the evidence she provided, was asked for that piece of worthless evidence, her IO's mouth dropped when she handed that over. Wasn't prepared for showing proof of small traffic violations for my stepdaughter, like an 86 buck fine and proof she paid that, that I feel started the whole thing. But then in her letter, was we don't need proof that fine was paid. Had to answer battery charges instead when she was 17 months old.

Trying to think of what they will come up with next, maybe you should bring your birth certificate even though they don't ask for it to prove you were not a member of the Nazi party in 1933. But if you were of legal age at the time, that will make you 99 years old today.

Just had my interview for my citizenship and i got approved, if you read the guide you should be fine. Goodluck, I will be having my oath taking on the 10th of this month.

INA 319(a):

Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

I got recommended for approval

Thank you for the reply,I have a 10 year gc, I have documentation that was acquired prior to my I 360 approval that i still have all the time.

Just curious, why 5?

Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

Do you currently have a 2 or 10 year Green Card? Just check the expiration date. Also do you have documentation, such as police reports, of your husband's abuse? This may be wise to have at the interview to substantiate your claim.

All the best.

Thank you for the reply,I have a 10 year gc, I have documentation that was acquired prior to my I 360 approval that i still have all the time.

You have a 5 year requirement.

Just curious, why 5?

They may ask why you remarried so fast? What was the urgency?

With all honesty there is no urgency, I got my GC and I fell inlove with him and he showed me that he actually care for my well being.

I was married to a USC for 4 years who abuses me for the time of our marriage. Since I am a foreigner here, I do not know any better. In January of 02 I got married with my USC husband all is well until his gambling problems took over the relationships,I work day and night and all he does is get my paycheck and deposits it to his account to sustain his habit. If I do not give in to his wishes he would hurt me. I was abuse in a way that I would not want no one to encounter.He left and divorce me, and since I am so ignorant at that time. I was left with nothing.Not a penny, not any clothes and worst no paper work as to which stage am I on my Immigration. To make the story short, I was left with NOTHING, and do not know where to start. In 2006 I found a lawyer that was willing to help me build my case and that is when we file I-360.In Jan of 2008 I gain my GC. Since my X husband is a USC i was told that i do not have to wait 5 years and that I am eligible to file My N-400 on Oct 2010. Which I did,And now my long awaited interview is set third week of March 2011. I am very nervous as to what to expect on this interview.I have studied my history of the United States,My only worry is in Aug of 2009 I remarried, woud this be a problem?Does this mean I do not fall on the 3 year rule anymore? Does this means my waiting will fall onto 5 year rule now? I was hoping that I can find an individual with the same case as mine. Your response will be greatly appreciated and would mean a lot to me. May we all be blessed on our future endeavor.

The whole application process is not hard, it's "PROVING YOU HAVE STRONG TIES TO THE PHILIPPINES" that is hard to do. I had the same problem with my youngest brother, he tried twice, when he was 13 or 14 then after his graduation at 16 both were denied because they said that he does not have strong ties back home. Both my parents have 10 year multiple entry visa and that did not seem to help him at all. The US embassy kept insisting that he will be a TNT here. I provided them with invitation letter as well as my financial capabilities here(like my paystub and tax return), my parents have some properties and some savings to support our application but both occasions were unfortunate. Check the U.S. embassy in Manila for more info on where to pay and for step by step application process. B2 Visa is very hard to obtain from "high fraud countries" like the Philippines, so you can try your luck and hope for the best.

That is very sad about the high fraud countries like ours,both my parents are back in the Philippines.And he is definitely going to College back home. But thank you, will keep my fingers crossed. I appreciate the feedback.

It usually only takes a couple of weeks to process a Visitor Visa.

As you are paying for it you should document it, they will want to see how his trip is being funded.

On the face of I would not say his chances are good, but I only know what you have posted.

Thanks for the reply, what do you mean by documenting it? how do i start on doing this, This is my ever first forum and I would appreciate all the help I can get. I will try to provide as many supporting documents as possible and would try to do what is right. Will just keep the positive thoughts with me all the time since this kind of visa's are just temporary. If it is granted it's meant to be,If it's not then atleast i tried. Why do you think my brother's chances are not good? Thank you

I have read alot of information just by signing in to this Forum. I am a permanent resident here in US with a pending Naturalization with USCIS. I would like to see if I can make my brother visit me here in US by applying B-2 visa. He is 16 years old and he will be graduating next year in highschool. He was hoping that I can come home but since I am tied up with work I told him that i cannot make it and i would see if I can get him to come instead. I know that he needs to fill up online the DS-160.My brother is only 16 prior to him leaving if Visa is granted he would be enrolling for College.The reason why I would like for him to visit me it's my Graduation gift for him and that he could be able to see what's out here. I want him to be inspired that if he study harder that there will be bright tomorrow for him. My Brother is a good kid. And i think he deserves what i want him to have. I was hoping that someone can let me know the starting process. Do you think it's best if i send an invitation? I am hoping that someone can enlightened me with the basics and what documents do i need to produce to help speed up the process.I am hoping he can come visit me by next year 2012 in April or May,Since school would resume in June in the Philippines. Thank you so much