How long does it take to get a GC via VAWA?

[slowlyman 118]

Anybody have an idea how long it takes from filing the VAWA to getting the green card?

[Sandra G. 5,055]

Vawa may take 3/6months,and AOS 6/9 months to be adjudicated.

[slowlyman 118]

So, it is a two step process? First get the VAWA approval, then apply for AOS?

[Merrytooth 5,748]

I thought you have divorced your wife. Is she filing for VAWA?

[slowlyman 118]

Well, she is contesting the divorce. Trying to slow it down as much as possible.

At the moment she has no immigration status, so her position is very weak with the divorce court.

I know she has filed VAWA and assume she is trying to drag out the final divorce until she has a GC.

She can probably appeal and object enough to get the final divorce hearing delayed until sometime next year.

[belinda63 3,041]

I don't understand what she would gain by having her green card prior to the divorce being final.

[slowlyman 118]

I don't either. But right now she has no status. Her coach must be telling her she will get a better settlement if she is legal.

Of course I'm guessing at her reasoning, but I don't see any other reason for her to delay the inevitable. State law is very clear in an 8 month marriage. I would just like to get it settled and get on with my life.

[Sandra G. 5,055]

She has the option to fill out Vawa, and after Vawa approval submit AOS,or submit AOS along with Vawa. If the case is weak usually lawyerS advise to fill out just Vawa first,because If Vawa is denied the alien will not be removed, but if the alien files Vawa and AOS and the Vawa is denied the alien will be removed from the Country. Even filed concurrently Vawa and AOS, the Vawa will take 3/6 months and the AOS 6/9months. Despite she has no status,once she has a Vawa pending she CANNOT be deported.It does not make any difference for Vawa, if the divorce is granted now or in a few months.

Edited August 10, 2014 by sandranj