Can i petition spouse while still not citizen?

[monalizamonaliza 0]

Hi everybody, my story briefly as following:

-> Got married to a US citizen june 2008.

-> Recieved a 2 years conditional Green Card in july 2009.

-> divorced on october 2011.

-> Got permenant 10 years green card "VAWA Based" on january 2012.

-> Got married for the second time but from a non US resident "Valid Visitor Visa till june 2012" here in the US in february 2012.

Now i have two questions:

1- Can i petition my new spouse? (please keep in mind that I'm not citized yet, i'm just permenant resident now.)

2- I have been told that according to vawa based green card i can apply for Citizenship after 3 years from the date i became a legal resident, Now my question is : Are these three years counted from the date i recieved my first conditional green card or only counted from the date i recieved the VAWA based green card?

Any help will be appreciated, and please dont tell me to ask attorney, I got tired of them, alot of them don't know what they are doing, thanks again.

[TimeTravel 78]

Hi everybody, my story briefly as following:

-> Got married to a US citizen june 2008.

-> Recieved a 2 years conditional Green Card in july 2009.

-> divorced on october 2011.

-> Got permenant 10 years green card "VAWA Based" on january 2012.

-> Got married for the second time but from a non US resident "Valid Visitor Visa till june 2012" here in the US in february 2012.

Now i have two questions:

1- Can i petition my new spouse? (please keep in mind that I'm not citized yet, i'm just permenant resident now.)

2- I have been told that according to vawa based green card i can apply for Citizenship after 3 years from the date i became a legal resident, Now my question is : Are these three years counted from the date i recieved my first conditional green card or only counted from the date i recieved the VAWA based green card?

Any help will be appreciated, and please dont tell me to ask attorney, I got tired of them, alot of them don't know what they are doing, thanks again.

1 - Yes, you can.

2 - From the date you received your Conditional Green card.

[aaron2020 11,651]

Hi everybody, my story briefly as following:

-> Got married to a US citizen june 2008.

-> Recieved a 2 years conditional Green Card in july 2009.

-> divorced on october 2011.

-> Got permenant 10 years green card "VAWA Based" on january 2012.

-> Got married for the second time but from a non US resident "Valid Visitor Visa till june 2012" here in the US in february 2012.

Now i have two questions:

1- Can i petition my new spouse? (please keep in mind that I'm not citized yet, i'm just permenant resident now.)

Yes, an LPR can file a petition for a spouse. However, since you received a green card based on marriage within the last five years, you can only petition for your new spouse if you can show that the first marriage was not entered into for an immigration benefit. If you cannot prove that the first marriage was bona fide, then you cannot file.

In addition, visas are not immediately available for the spouse of an LPR. This mean if you can file for your new spouse, your new spouse cannot remain in the US or adjust until her Priority Date becomes current. Right now, there is a 3 years wait. She will need to leave the US before her I-94 expiration date, or she risk being out of status which would hinder her chances of getting a visa later.

2- I have been told that according to vawa based green card i can apply for Citizenship after 3 years from the date i became a legal resident, Now my question is : Are these three years counted from the date i recieved my first conditional green card or only counted from the date i recieved the VAWA based green card?

You cannot apply for citizenship based on the 3 years rule. The 3 years rule requires you to be married to a US citizen for the 3 years before you file. You are now divorced so you can not use the 3 years rule. You have to wait for 5 years after receiving your conditional green card to qualify for US citizenship.

Any help will be appreciated, and please dont tell me to ask attorney, I got tired of them, alot of them don't know what they are doing, thanks again.

[monalizamonaliza 0]

1 - Yes, you can.

2 - From the date you received your Conditional Green card.

Thank you so much for your fast answer.

[monalizamonaliza 0]

Thank you for your fast answer, However i know for sure that VAWA based green card can apply for citizen after 3 years exactly like marriage.

Regarding petitioning spouse "your right i understand that if my status was based on marriage then i cann't petition someone else within 5 years, But my currnet green card "status" isn't based on marriage, it is based on VAWA so why can't i petition someone else or why do i have to prove that first marriage was bonafide.

[ceadsearc 516]

But you first gained lawful permanent resident status through marriage. According to the I-130 instructions, this means you may not file for a spouse unless five years have passed, OR you can provide evidence that the marriage was bonafide and not entered into for immigration purposes, OR the marriage was terminated by death.

[monalizamonaliza 0]

But you first gained lawful permanent resident status through marriage. According to the I-130 instructions, this means you may not file for a spouse unless five years have passed, OR you can provide evidence that the marriage was bonafide and not entered into for immigration purposes, OR the marriage was terminated by death.

Ok, is there a certain form for prove of bonafide marriage? as far as pictures, phone calls , bank statments and other stuff i have already sent alot of them with the application of VAWA and the only reason i got divorced was because of the violence. Also what do you think about the citizenchip in my case? if it is true that i can apply for citizen after 3 years starting from the first card that mean i can apply in 2 month from now. do you think it is a better idea to wait till ibecome a citizen, or what is better to do