US Citizenship based on VAWA - Marriage to Permanent Resident

[Daflygurl 0]

Hello,

I need some advice; best from someone who's been in the same situation.

In 2008 I self-petitioned for Permanent Residency (VAWA based on marriage to a Permanent Resident). The VAWA case was approved in October of 2009. At that same time, I heard through the grapevine that my spouse had filed for and was sworn in for US citizenship in December 2009. The divorce was finalized December 9, 2009.

On February 8, 2010, I was officially granted Permanent Residency (interviewed and got the green card)

My question is, when do I file for citizenship?

During my green card interview, I asked the immigration officer when would I be eligible to apply for Citizenship and he said that he was not sure what deadline applies to me (3years or 5 years) seeing that my spouse had now become a US citizen...he asked me to seek an attorney's help.

I have not yet asked any attorney but am still digging and looking for free law clinics.

Hope someone here has some feedback.

Greatly appreciate it.

[Inky 1,111]

Your not married you got divorced so you file citizenship in 5 years. You can only file in 3 years if you stay married to the same person.

[Brother Hesekiel 2,236]

Actually, the final reward for a battered spouse is that he or she can file for citizenship based on the 3-year rule, even though the marriage has been terminated. That means, Daffy Duck, that you can become a US citizen on February 8 of next year. You can send you N-400 on its way by about Thursday or Friday this week (would need to consult the calendar).

[JimVaPhuong 4,863]

Actually, the final reward for a battered spouse is that he or she can file for citizenship based on the 3-year rule, even though the marriage has been terminated. That means, Daffy Duck, that you can become a US citizen on February 8 of next year. You can send you N-400 on its way by about Thursday or Friday this week (would need to consult the calendar).

When the citizenship application is based on marriage to a US citizen, then the spouse must have been a US citizen for the entire 3 years (Sec. 319. [8 U.S.C. 1430]). I presume this would apply in a VAWA case, as well. Her VAWA case was based on abuse by an LPR spouse, and was approved before her LPR spouse became a US citizen. I'm guessing the 5 year rule applies here.

[Daflygurl 0]

When the citizenship application is based on marriage to a US citizen, then the spouse must have been a US citizen for the entire 3 years (Sec. 319. [8 U.S.C. 1430]). I presume this would apply in a VAWA case, as well. Her VAWA case was based on abuse by an LPR spouse, and was approved before her LPR spouse became a US citizen. I'm guessing the 5 year rule applies here.

Thank you very much guys for your responses.

Here's a little more information.

My ex was raised and schooled in the US. He was adopted by a US citizen at the age of 8.

I came to the US in 2001 on a student visa. We got engaged in 2002 and were married in 2004. My ex refused to file for citizenship...he basically used that to keep me.

I had asked a lawyer back in 2006 about the case and she had said that my ex was a citizen based on his adoption by a US citizen.??? When I brought the info to my ex's attention, he was not pleased and let's just say that I never asked anyone about it again until 2008 when I got out. (ran away)

Besides the physical, verbal and emotional abuse, that was also another reason that I filed VAWA.

I really appreciate everyone's help.

Thanks again