Citizenship after VAWA

[Lovetoteach 53]

Hi, I was a member who originally joined VJ in 2003.

 

 I came to the States on K1 Visa in 2004. Due to a variety of abuse by my ex husband, I filed an I-360 petition in 2005. He withdrew the AOS paperwork  because I was advised not to go to the interview received a Notice to Appear. In the meantime I had received a Prima Facie Determination for the I-360 petition which I was able to show the Immigration Judge at the Removal Proceedings. I had to do this twice if I can remember correctly.( I try to block out this dark period of my life) Removal Proceedings were "put on hold" both times as I received a couple of Prima Facie determinations during that time as my case took a long time to be approved ( including a Notice To Deny).

 

In 2007 my I-360 was finally approved and I had a pro bono attorney help me file a petition to "Terminate Removal Proceedings" which was granted. Consequently, I filed for AOS and on September 8th 2008, I was finally approved for a Greencard.

 

It's now Ten years and my Green Card will expire in September 2018. I was remarried to an American Citizen  in 2010 and this year we celebrate our 8th Wedding Anniversary. He has been my rock especially as I suffered a spinal cord injury almost five years ago.My two grown up sons went back to live in the UK and never got their Greencards .I really want to go forward and get my Citizenship instead of renewing the G.C. now and have the freedom to come and go. I having been reading through the N-400 and the questions and my anxiety is through the roof. It was so traumatic last time dealing with Immigration, the judges,  my VAWA petition and adjustment taking almost four years, not being able to visit my children in the UK for several years.  I feel nervous because I had to find more evidence on the abuse, which I did, but what if they suddenly find I wasn't eligible after all and they revoke it? I'm sure this is my anxiety playing on me as I have been a model LPR: I've worked as a Special Needs Para for the last eight years, I have a totally clean criminal record.  I have filed taxes every year with the IRS with my husband. I meet all the habitual residency/ continual residency requirements. In fact the only problem I've had, is when  I first came here and didn't realize you had to park on a street, the same way as the traffic flow. 

 

Some of my questions include :Would I  need an attorney, as we don't have a great of money?  Do I file Naturalization under VAWA or because I have married to a Citizen for eight years. Have applicants sent all of their paperwork regarding VAWA when they have filed? Would I need to send all my Removal hearing paperwork and the paperwork to show they were terminated by an IJ. I'm wondering if there is anyone who has been in similar situation with regards to filing for Naturalization.

 

Thanks so much

 

Edited February 7, 2018 by TBoneTX
Name removed

[MiraW 58]

Hi! I'm glad that you've found your happiness after everything you went through.

 

You can file N-400 under the 5 year rule, which means you've been a lawful permanent resident for more than 5 years. It's a very simple application process to be honest, you'd need your divorce decree and current marriage certificate. 

This has nothing to do with VAWA and you don't need to submit those documents. However, they do ask if you've ever been placed in removal proceeding, so you will have to supply the evidence that it was terminated.

 

https://www.uscis.gov/n-400

You will find instructions through the link and realize that this is way easier than you're think. BTW, you're encouraged to apply online, it's faster and easy to do. (You will find application portal in the link above too)

Edited February 7, 2018 by MiraW

[Lovetoteach 53]

Thank you so much MiraW for your prompt reply.

 

There is  box:

1A, Five years LPR,

1 B Three years + US Citizen Spouse

1 E other.

 

So I can just check A, even though I do I have a US Citizen Spouse?  I've seen others check E too because they have also filed the I-360. My Green Card was based on me initially filing the VAWA petition and then AOS.

 

I'm only on question 1and stuck already !!

 

Thank you xx 

 

 

[Sandra G. 5,048]

VAWA petitioners who were married to a U.S Citizens  qualify after 3 years of permanent residence to apply for Naturalization.It doesn't  matter when the person got divorced.

 

 

It's up to you if you want to hire an attorney or not. You can apply  for naturalziation not because you are married for 8 years but because you received your GC based on  VAWA Law.

 

Your removal was terminated, that being said you dont have to prove this to USCIS again, nobody receives a green card if the removal proceeding is not terminated. Classification of Classes of Applicants Eligible for Naturalization    put  Section 319(a)

[Lovetoteach 53]

Thank you so much. If I can avoid using an attorney, I will because we don't have a lot of money. 

 

Should I therefore check box E , I 360 ?  Or can I check box A because I have been an LPR longer than five years? ( It will be 10 years this year)

 

Thank you all for your replies xx

[Lovetoteach 53]

I'm sorry, I missed the 319 a part. I will put this in box E other. 

 

Thanks so much

[Hypnos 6,576]

Even though you're eligible to file for citizenship after three years because you originally obtained your green card through VAWA, you should apply under the five year rule, since it has less requirements, and you've been an LPR for almost a decade. Box A is most appropriate for you.

Edited February 8, 2018 by Hypnos

[Lovetoteach 53]

I can see the reasoning behind both A and E boxes, I just don't know which to put.

I'm a grown up , reasonably intelligent woman, yet I find these forms so stressful and difficult.

[MsVi2 50]

26 minutes ago, Lovetoteach said:

I can see the reasoning behind both A and E boxes, I just don't know which to put.

I'm a grown up , reasonably intelligent woman, yet I find these forms so stressful and difficult.

Sandranj is an attorney, I've yet to see her give bad or incorrect advice.

[Lovetoteach 53]

Oh wow ! Thank you so much I didn't know that. It's been so long since I have been here xx

 

Edited February 9, 2018 by Lovetoteach

[Braveheart123 146]

Dear friends I have a very important question that once you are eligible for your citizenship under VAWA what is the check list Ie what documents we have to submit with our citizen ship application Ie moreover do we have to send submit the citizenship status of our abuser once again.

can some one send a check list for what documents we need to apply for the citizenship under VAWA

[TBoneTX 45,364]

Old thread is locked to further comment.

Edited September 29, 2021 by TBoneTX