Vawa part3

[lorphelpme 9]

Sandranj if u remarry after getting green card through vawa can still apply for citizenship after 3 yrs or do u Now have to wait 5 yrs

[Natalia23 1]

i have the same question someone told me she did it in three years n her husband is only a lpr not a citizen

Edited March 17, 2013 by NataliaLD

[Hypnos 6,576]

If you received your green card based on VAWA and marriage to an LPR you must wait five years to apply for citizenship.

If you received your green card based on VAWA and marriage to a US citizen you can apply for citizenship after three years.

[Sandra G. 5,051]

lorphelpme Section 319(a) of the Ina provides that if the LPR was married to a US Citizen the LPR may naturalize after only 3 years.It doesn't matter if you remarry or not.If you remarry the 3 year rule still applies to your case.

[ladyg 10]

ladyg in your case your children do not need to request U.S. citizenship, it is automatically conferred when you naturalize, once they are under 18 years old, but for those over 18 years old they don't have "Derivative Citizenship" and then they have to wait 5 years if the parent got GC through Vawa.

Thank you for your reply ,but I still dont understand why my kids will have to wait 5 years whilest I can apply within 3 years .They also went through abuse as I went through and they got the GC through vawa too.At the interview I remember the IO said we can all apply with 3 years even though still not clear below is section 319 it states that spouse/child thats why I thought they would be in that category.

(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.

[Hypnos 6,576]

Provided you naturalise before your children turn 18 then they will automatically become US citizens under the provisions of the Child Citizenship Act, if they are in your legal and physical custody:

http://travel.state....pes_1312.html#2

Edited March 17, 2013 by Hypnos

[Sandra G. 5,051]

ladyg where did I say your children have to wait 5 years? I said "ladyg in your case your children do not need to request U.S. citizenship, it is automatically conferred when you naturalize, once they are under 18 years old, but for those over 18 years old they don't have "Derivative Citizenship" and then they have to wait 5 years if the parent got GC through Vawa".

I was very clear that in your case your children do not need to request U.S. citizenship, it is automatically conferred when you naturalize because they are 11 and 13 years old, and then I commented about children over 18 years old that they don't have "Derivative Citizenship" and then they have to wait 5 years if the parent got GC through Vawa".But your children are under 18, it means the 3 year rule applies to them.

Edited March 18, 2013 by sandranj

[lorphelpme 9]

lorphelpme Section 319(a) of the Ina provides that if the LPR was married to a US Citizen the LPR may naturalize after only 3 years.It doesn't matter if you remarry or not.If you remarry the 3 year rule still applies to your case.

Thanks aandranj

[ladyg 10]

ladyg where did I say your children have to wait 5 years? I said "ladyg in your case your children do not need to request U.S. citizenship, it is automatically conferred when you naturalize, once they are under 18 years old, but for those over 18 years old they don't have "Derivative Citizenship" and then they have to wait 5 years if the parent got GC through Vawa".

I was very clear that in your case your children do not need to request U.S. citizenship, it is automatically conferred when you naturalize because they are 11 and 13 years old, and then I commented about children over 18 years old that they don't have "Derivative Citizenship" and then they have to wait 5 years if the parent got GC through Vawa".But your children are under 18, it means the 3 year rule applies to them.

Sandranj There's a miscommunication I heard that part of children under 18 my son ages are 13 and 18.So in this situation when I naturalize the one that is 13 i dont need to file for his naturalization right ? Does he become a USA citizen based on my naturalization.The one that is 18 who got he GC through me (VAWA) will have to naturalize after 5 years and by himself.My question was more on the 18 year old sorry for not making it clear and thank you once again for your help.

[PANAMA-GUY 21]

Hello everyone,

I just found this forum, and want to say how happy I am to have found it. I m not alone on this fight.

I am a Male applicant, and alot of people told me that a Men Vawa approval rate is very low. Anyway I applied for it because my case is a very strong case my lawyer said.

I been waiting for more than 15 months now and I just applied to renew my 4th prima facie. I Applyed in December 2011, and still no decision No request for evidence or anything.Is there anyon ein the forum that applied around the same time? I can't wait for this journey to be over.

I see that SANDRA-NJ is a BIG help in this forum for all of us here. I would like to ask you a question!

I have an approved I-130 that was approved when my wife subimeted it years ago. My question is , that Approved I130 can help me in anyway to make my I-485 goes faster after they approved my I-360?

I seen something about Priority date from I-130 been transfered from I-130 to VAWA. How does that Work. My wife is a US citizen, born here and We still married on papers but i havent see her for more than a year now.

Any information can help. My contract with my lawyer finish last month and I didnt renew it because i cant afford it, so now I m doing my case alone. Renewing work permit, renewing Prima Facie, etc. So any info from you SANDRA will be greatly appreciated.

Thanks

[Sandra G. 5,051]

Panama guy your I-485 won't be faster because your ex US Citizen wife filed form I-130. After your I-360 approval you have to wait 3/5 months to have your Aos interview. For immediate relatives of U.S. citizens, visas are always available, which means that you don't need to wait in line for a visa.Regarding the priority date that Uscis can transfer is for Vawa filers married green card holders.

[Sandra G. 5,051]

ladyg you do not need to request U.S. citizenship for you son (13 years old), it is automatically conferred when you naturalize, but in your case (Vawa case) your son (18) will have to wait 5 years to apply for Citizenship.He does not have a separate I-360 approved, he will be able to Adjust Status based in your Vawa approval, he is derivative beneficiary of your Vawa.

When filing Vawa the individual may include unmarried children under the age of 21 as derivative beneficiaries, but the derivative beneficiary can apply for Citizenship after 5 years of being a green card holder if over 18. If the individual has a separate I-360 approved then the individual can apply for Citizenship in 3 years,it's not your son's case.

Edited March 18, 2013 by sandranj

[PANAMA-GUY 21]

Thanks SANDRANJ

I appreciate your response.

Panama guy your I-485 won't be faster because your ex US Citizen wife filed form I-130. After your I-360 approval you have to wait 3/5 months to have your Aos interview. For immediate relatives of U.S. citizens, visas are always available, which means that you don't need to wait in line for a visa.Regarding the priority date that Uscis can transfer is for Vawa filers married green card holders.

Edited March 18, 2013 by PANAMA-GUY

[peanutbutter 6]

Hello everyone,

I just found this forum, and want to say how happy I am to have found it. I m not alone on this fight.

I am a Male applicant, and alot of people told me that a Men Vawa approval rate is very low. Anyway I applied for it because my case is a very strong case my lawyer said.

I been waiting for more than 15 months now and I just applied to renew my 4th prima facie. I Applyed in December 2011, and still no decision No request for evidence or anything.Is there anyon ein the forum that applied around the same time? I can't wait for this journey to be over.

I see that SANDRA-NJ is a BIG help in this forum for all of us here. I would like to ask you a question!

I have an approved I-130 that was approved when my wife subimeted it years ago. My question is , that Approved I130 can help me in anyway to make my I-485 goes faster after they approved my I-360?

I seen something about Priority date from I-130 been transfered from I-130 to VAWA. How does that Work. My wife is a US citizen, born here and We still married on papers but i havent see her for more than a year now.

Any information can help. My contract with my lawyer finish last month and I didnt renew it because i cant afford it, so now I m doing my case alone. Renewing work permit, renewing Prima Facie, etc. So any info from you SANDRA will be greatly appreciated.

Thanks

i applied on November 2011,.no RFE ..its going to be 17 months of waiting soon

[Sir Charge 1]

Hello everyone,

I just found this forum, and want to say how happy I am to have found it. I m not alone on this fight.

I am a Male applicant, and alot of people told me that a Men Vawa approval rate is very low. Anyway I applied for it because my case is a very strong case my lawyer said.

I been waiting for more than 15 months now and I just applied to renew my 4th prima facie. I Applyed in December 2011, and still no decision No request for evidence or anything.Is there anyon ein the forum that applied around the same time? I can't wait for this journey to be over.

I see that SANDRA-NJ is a BIG help in this forum for all of us here. I would like to ask you a question!

I have an approved I-130 that was approved when my wife subimeted it years ago. My question is , that Approved I130 can help me in anyway to make my I-485 goes faster after they approved my I-360?

I seen something about Priority date from I-130 been transfered from I-130 to VAWA. How does that Work. My wife is a US citizen, born here and We still married on papers but i havent see her for more than a year now.

Any information can help. My contract with my lawyer finish last month and I didnt renew it because i cant afford it, so now I m doing my case alone. Renewing work permit, renewing Prima Facie, etc. So any info from you SANDRA will be greatly appreciated.

Thanks

I applied one month after you. I just renewed my 4th prima Facie as well. Judging by the dates, you must have also gotten 60 days on your third prima facie. But in any case, you're not alone.