How long after green card via VAWA to apply for citizenship?

[Sarah Waters 0]

Hello,  I was hoping someone could provide some information regarding this:
I was a K1 visa holder and received my green card 4 years ago through VAWA. 
When can I apply for citizenship?

 

Thank you!

[VNN 147]

11 minutes ago, Sarah Waters said:

Hello,  I was hoping someone could provide some information regarding this:
I was a K1 visa holder and received my green card 4 years ago through VAWA. 
When can I apply for citizenship?

 

Thank you!

If your ex is USC, then it is 3 years. Otherwise, it is 5 years.  You can apply up to 90 days earlier than the mark but it is suggested to wait a few more days just to be on the safe side.

Edited May 20, 2019 by VNN

[Ben&Zian 4,398]

the 3 year rule applies only is you're STILL married to that same person. Otherwise would be 5 years from time of LPR status granted. (The date on the original GC). Assuming since OP is asking about VAWA, gonna guess it didn't work out.

Edited May 20, 2019 by Ben&Zian

[Sarah Waters 0]

38 minutes ago, VNN said:

If your ex is USC, then it is 3 years. Otherwise, it is 5 years.  You can apply up to 90 days earlier than the mark but it is suggested to wait a few more days just to be on the safe side.

My ex us USC
 

25 minutes ago, Ben&Zian said:

the 3 year rule applies only is you're STILL married to that same person. Otherwise would be 5 years from time of LPR status granted. (The date on the original GC). Assuming since OP is asking about VAWA, gonna guess it didn't work out.

I am confused by this. Not sure if it is required or not to be married to the USC. Doesn't even make sense when you are a VAWA green card holder...

 

After submitting my question I found this:

https://www.nolo.com/legal-encyclopedia/when-vawa-green-card-holders-can-apply-us-citizenship-naturalization.html

Would really appreciate if someone has done it before the 5 years.

[VNN 147]

16 minutes ago, Sarah Waters said:

My ex us USC
 

I am confused by this. Not sure if it is required or not to be married to the USC. Doesn't even make sense when you are a VAWA green card holder...

 

After submitting my question I found this:

https://www.nolo.com/legal-encyclopedia/when-vawa-green-card-holders-can-apply-us-citizenship-naturalization.html

Would really appreciate if someone has done it before the 5 years.

• I realized that as only UCS could petition.
• you are not required to be still being married. 
  • If you fine the information I provided is not reliable, you can contact an immigration lawyer.  Some offer a free section consulting which you should be able to file out if it is 3 years or 5 years for you. 

[Quarknase 1,072]

7 hours ago, Ben&Zian said:

the 3 year rule applies only is you're STILL married to that same person. Otherwise would be 5 years from time of LPR status granted. (The date on the original GC). Assuming since OP is asking about VAWA, gonna guess it didn't work out.

This is accurate in general, but not for PRs that received their Greencard under WAVA.

Per USCIS Memoranda ‘Regarding the Expanded Meaning of Section 319{a}’ and ‘Clarification of Classes of Applicants Eligible for Naturalization Under Section

319{a} WAVA recipients are eligible to file after 3 years (90 days before 3 year anniversary) of permanent residency.

I read many times here that it's recommended to add a copy of the memorandum to the application, in case it ends up on the desk of an IO who's not immediately familiar with the exception.

Hope this helps.

[FridayGirl@69 318]

On 5/20/2019 at 6:10 PM, Sarah Waters said:

Hello,  I was hoping someone could provide some information regarding this:
I was a K1 visa holder and received my green card 4 years ago through VAWA. 
When can I apply for citizenship?

 

Thank you!

3 years after you got your GC

Edited May 22, 2019 by FridayGirl@69