RFE for i-751 Filed January 2018 with Battered Spouse Waiver

[iPhone5s 2]

1 minute ago, geowrian said:

The 5 years starts from once you obtain permanent residency. O-1 is a non-immigrant visa, so they did not start permanent residency in 2013. Since they are going through ROC and filed in 2018, they must have obtained permanent residency in 2016 or later (unless they filed late).

They also need to complete ROC anyway.

 

Somebody who has been an LPR for 5 years can apply for naturalization.

I see.  I became a conditional resident in September 2016.  It has not been 5 years.  

[geowrian 22,337]

1 minute ago, iPhone5s said:

I see.  I became a conditional resident in September 2016.  It has not been 5 years.  

You may or may not qualify under the 3 year rule still if you are still married to your USC spouse.

Not to hijack the thread...but it may be something to look at if you plan to naturalize.

[iPhone5s 2]

4 minutes ago, geowrian said:

The 5 years starts from once you obtain permanent residency. O-1 is a non-immigrant visa, so they did not start permanent residency in 2013. Since they are going through ROC and filed in 2018, they must have obtained permanent residency in 2016 or later (unless they filed late).

They also need to complete ROC anyway.

 

Edit: Unless you are maybe referring to the 5 year ban on federal funds...? yeah, that would expire, but I'm not sure how that would apply. (Sorry, I really don't know if this was what you meant or the 5 year rule for naturalization).

 

Somebody who has been an LPR for 5 years can apply for naturalization.

You are correct.  The current I-751 was actually an early filing.  The 90 day window of filing would have started in June 2018.  I filed in January 2018.  

[iPhone5s 2]

1 minute ago, geowrian said:

You may or may not qualify under the 3 year rule still if you are still married to your USC spouse.

Not to hijack the thread...but it may be something to look at if you plan to naturalize.

Thank you.  The divorce was signed by judge in May 2018.  So that wouldn’t work.  Even if it did work, I would still need to work on the removal of conditions. No? 

[geowrian 22,337]

5 minutes ago, iPhone5s said:

Thank you.  The divorce was signed by judge in May 2018.  So that wouldn’t work.  Even if it did work, I would still need to work on the removal of conditions. No? 

Correct. Sorry, I thought you were somebody other than the OP so I ignored the thread's history.

Divorce would make the 3 year rule no longer possible (unless you remarry a USC, but the 5 year rule would still be quicker by that point).

 

Yes, ROC must still be completed before naturalization can be approved. You can file for naturalization (if you had qualified under the 3 year rule) before ROC is approved, but ROC must still be completed first (or at the same time).

[implife 318]

25 minutes ago, iPhone5s said:

Yes - the divorce court  judge did order for us to stay away and refrain from harassing each other, the same day that he ordered to vacate the temporary order of protection.  I can’t explain why the judge ordered that, except that maybe he didn’t believe I was in imminent danger, or that maybe he believed what my ex husband stated: I made up the accusations of abuse to receive favorable consideration on equitable distribution. 

that makes sense. so, in my mind, staying away from each other is the resolution of the harassment case. if there's no suspicion of physical abuse, your mutual intention to divorce each other was probably sufficient. in any case, that would be useful information to share with USCIS

[Villanelle 4,122]

4 hours ago, geowrian said:

You may or may not qualify under the 3 year rule still if you are still married to your USC spouse.

Not to hijack the thread...but it may be something to look at if you plan to naturalize.

Anyone whos spouse was USC and gets approved under ROC abuse waiver is eligible for naturalization at 3 years. 

[Villanelle 4,122]

Also please do not be worried that the protection order was canceled when it was merged by the family court . You are eligible for VAWA if you were abused in the US- period. One time, many times, doesnt matter. Whether you have a current RO has nothing to do with the fact that abuse occurred which makes you eligible.

[geowrian 22,337]

55 minutes ago, Villanelle said:

Anyone whos spouse was USC and gets approved under ROC abuse waiver is eligible for naturalization at 3 years. 

Didn’t know that applied to ROC abuse, thanks (I know it did for VAWA green card acquisition).

[Villanelle 4,122]

1 hour ago, geowrian said:

Didn’t know that applied to ROC abuse, thanks (I know it did for VAWA green card acquisition).

yes but its only if spouse was USC or becomes USC (even if they become one after divorce and or ROC)

[iPhone5s 2]

6 hours ago, implife said:

that makes sense. so, in my mind, staying away from each other is the resolution of the harassment case. if there's no suspicion of physical abuse, your mutual intention to divorce each other was probably sufficient. in any case, that would be useful information to share with USCIS

I see.  So you don’t think USCIS will necessarily view the divorce court’s treatment on protection order unfavorable for my case?

[iPhone5s 2]

3 hours ago, Villanelle said:

Anyone whos spouse was USC and gets approved under ROC abuse waiver is eligible for naturalization at 3 years. 

But again, ROC needs to be approved first for the 3 year eligibility.

[iPhone5s 2]

3 hours ago, Villanelle said:

Also please do not be worried that the protection order was canceled when it was merged by the family court . You are eligible for VAWA if you were abused in the US- period. One time, many times, doesnt matter. Whether you have a current RO has nothing to do with the fact that abuse occurred which makes you eligible.

Thank you. This means a lot. I just need to work on providing enough proof now to convince USCIS that I was abused. 

[JeanneAdil 6,511]

35 minutes ago, iPhone5s said:

I see.  So you don’t think USCIS will necessarily view the divorce court’s treatment on protection order unfavorable for my case?

not sure how USCIS will view it but a judge didn't 

Pretend i am immigration officer and this is what i ask of you

1,  you say he controlled you financially and yet one of the requirements for a O1 visa is that you have to prove 

Command a high salary or remuneration for their  services.

2.  O1 visa is good for 3 years and you came in 2013 and married in 2016 (if 2 year green card is valid till 2018)

 

[Villanelle 4,122]

1 hour ago, JeanneAdil said:

not sure how USCIS will view it but a judge didn't 

Pretend i am immigration officer and this is what i ask of you

1,  you say he controlled you financially and yet one of the requirements for a O1 visa is that you have to prove 

Command a high salary or remuneration for their  services.

2.  O1 visa is good for 3 years and you came in 2013 and married in 2016 (if 2 year green card is valid till 2018)

 

 Abusers who control their victims financially do NOT have to be the breadwinners.