N-400 after approved ROC Abuse Waiver

[greentea5481 6]

I was in the unfortunate position of ending up in an abusive marriage. Thankfully, I made it out alive. I removed conditions on my GC based on the abuse waiver, which was approved. I now know that permanent residents who removed conditions based on an approved abuse waiver may opt to naturalize after 3 years of permanent residency, even if no longer married to their USC spouse.

My questions is, what documents do I need to include in my N400? There is little information online. Do I include all my proof of Bona Fide Marriage and Abuse all over again, pretty much "re-sending" the same file I sent with my I-751.

Or do I just send the basics: green card copy, fee, tax returns, 2 passport size pictures and filled out N400 form?

Thank you for reading.

[NancyNguyen 1,657]

They don't require approval of I360 and they must have your info in system already.

On N400, you choose number 5 for Part 1 and explain "naturalization after 3 years of LPR under VAWA - INA 319(a)"

[Hypnos 6,576]

I was in the unfortunate position of ending up in an abusive marriage. Thankfully, I made it out alive. I removed conditions on my GC based on the abuse waiver, which was approved. I now know that permanent residents who removed conditions based on an approved abuse waiver may opt to naturalize after 3 years of permanent residency, even if no longer married to their USC spouse.

My questions is, what documents do I need to include in my N400? There is little information online. Do I include all my proof of Bona Fide Marriage and Abuse all over again, pretty much "re-sending" the same file I sent with my I-751.

Do you have an official source to confirm this?

The best information I could find was the following policy memo: http://www.uscis.gov/sites/default/files/files/pressrelease/PolMem89.pdf which indicates that you must have initially obtained the green card through VAWA; it makes no mention of being eligible under the three year rule if you only successfully filed for RoC under the abuse category.

[greentea5481 6]

Sure, please see links for official memos from USCIS It was issued to clarify the link you posted actually.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/sec319a012705.pdf

(under guidance, #3)

Edited August 25, 2014 by greentea5481

[Hypnos 6,576]

Ah, thanks for the link. You should be all set then. I don't believe you will need to "re-prove" the abuse, as the adjudicator will review your entire alien file, including the I-751 documentation, when you file the N-400.

Edited August 25, 2014 by Hypnos

[greentea5481 6]

Thank you all for your replies! I will send it in and keep you this board posted as to what transpires, if I receive RFE and such, maybe it can help others in the same situation. There's really not a lot of specific information on the topic out there.

[frenchy14 0]

Any update yet? I'm gonna file mine soon

[greentea5481 6]

Hi all

I just wanted to update my thread for those who might come across it looking up info on the topic...

I did become a US citizen, based on 3 years of permanent residency even though I was divorced from my abuser...So yes, if you have an approved I-751 based on cruelty and abuse, you ARE eligible to naturalize as if you were still married after 3 years of permanent residency.

The interviewer may tell you otherwise, just inform him/her of the above memo and it resolves the situation. Many USCIS officers are not aware, although they mean well...

[TBoneTX 45,292]

That's great news. Thanks for returning with your update.

[bspouse 1]

Hi all

I just wanted to update my thread for those who might come across it looking up info on the topic...

I did become a US citizen, based on 3 years of permanent residency even though I was divorced from my abuser...So yes, if you have an approved I-751 based on cruelty and abuse, you ARE eligible to naturalize as if you were still married after 3 years of permanent residency.

The interviewer may tell you otherwise, just inform him/her of the above memo and it resolves the situation. Many USCIS officers are not aware, although they mean well...

can you please share your package contents ?

Do I still need to submit all the proofs of the abuse again which I submitted two months ago ?

I already gave them the originals ..

thanks

bspouse

[TBoneTX 45,292]

The OP hasn't logged on to VisaJourney since February, so a response is unlikely.

If you haven't already, post your query in the VAWA thread.

Thread from 2014 is now closed to further comment.