VAWA and Citizenship using 5 year rule

[Lovetoteach 53]

I'm getting my paperwork together to file for Citizenship. My VAWA petition was approved in 2007 and I received my 10 year Green Card in September 2008. I was remarried in 2010 to a US Citizen.  

 

Has anyone who has received their Green Card via VAWA used the 5 year rule successfully or did they use Section 319a on part 1, even though it was more than five years since receipt of the GC. ?

 

Many Thanks

[kris&me 572]

you are married to a USC since 2010\ use the 3 year rule for marriage to USC

[car0593 42]

24 minutes ago, kris&me said:

you are married to a USC since 2010\ use the 3 year rule for marriage to USC

this is not correct since she didn't get her GC from her current husband. She got it through WAVA... Either way,,, you have qualified for a while now undef the 5 year rule!

[jkstark 97]

I qualified under both the 5 and 3 year rules (not VAWA though), and decided to check with my attorney from way back when I got my LPR set up... His advice was to stick to using the 5 year rule regardless if you are eligible for it, since it requires less paperwork and is simpler for both you and the USCIS - less work = faster processing was his thinking.  Even more importantly, less paperwork to submit meant less time on my end digging it all up and getting everything ready.

 

I don't know if it would have taken any longer or not, but that was the recommendation then...

[payxibka 10,045]

1 hour ago, car0593 said:

this is not correct since she didn't get her GC from her current husband.

Huh?  The above statements of incorrectness is incorrect

Edited February 24, 2018 by payxibka

[Wuozopo 4,293]

13 hours ago, jkstark said:

.. His advice was to stick to using the 5 year rule....... - less work = faster processing was his thinking

And that's faster than starting two years earlier? 

[Wuozopo 4,293]

15 hours ago, Lovetoteach said:

Has anyone who has received their Green Card via VAWA used the 5 year rule successfully or did they use Section 319a on part 1, even though it was more than five years since receipt of the GC. ?

 

Your citizenship application is totally based on being a permanent resident at least five years. It has nothing to do with either of your marriages or if they were good, bad, or otherwise.

[jkstark 97]

33 minutes ago, Wuozopo said:

And that's faster than starting two years earlier? 

Well - yes, if you are already eligible for either...  In other words, if you are eligible for the 5 year policy, then use that and not the 3 year one...

 

For me, I would have been eligible for a 10+ year one if there was one such as that, so the amount of time that I had been here already didn't really make any difference, it was just the amount of time it would take them to process..

Edited February 24, 2018 by jkstark

[Wuozopo 4,293]

1 hour ago, jkstark said:

Well - yes, if you are already eligible for either...  In other words, if you are eligible for the 5 year policy, then use that and not the 3 year one...

 

For me, I would have been eligible for a 10+ year one if there was one such as that, so the amount of time that I had been here already didn't really make any difference, it was just the amount of time it would take them to process..

 

I understand now. The way it was written seemed to be advising don't even consider it at three years, rather wait two more years because it will process faster. 

 

Once past five years, I agree there is no need to include "happily still together" evidence like joint leases, joint kids, mortgages, tax returns. You still have to give biographic info on all spouses, but no need to prove you're still dancin' with one who brung ya to the party.