N400 under VAWA 3 year rule, re-married, sponsoring Husband

[Pinkrlion 2,716]

9 hours ago, Quarknase said:

 

 

And wava is a self-petition and not through a prior marriage.

In order for you to apply for VAWA you had to be married to a US Citizen or a LPR, so this statement is irrelevant to VAWA being a self-petition.  

[Quarknase 1,072]

47 minutes ago, Pinkrlion said:

In order for you to apply for VAWA you had to be married to a US Citizen or a LPR, so this statement is irrelevant to VAWA being a self-petition.  

Thanks. I can see this being true, or not. I believe the legal interpretation of

 

gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful

permanent resident

 

is the key - yes, in order to apply for vawa I had to be married to a USC or LPR, but the LPR status was gained through self petition.

 

I wish there was a statement about this somewhere on official websites

 

[xyz12345 260]

7 minutes ago, Quarknase said:

Thanks. I can see this being true, or not. I believe the legal interpretation of

 

gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful

permanent resident

 

is the key - yes, in order to apply for vawa I had to be married to a USC or LPR, but the LPR status was gained through self petition.

 

I wish there was a statement about this somewhere on official websites

 

I think you should apply for citizenship first and then petition. You can always go ahead and do the I-130 as an lpr but they'll scrutinize greatly your vawa petition. I guess that will also happen with your N400 application. imo.

[Villanelle 4,122]

I agree with @Pinkrlion the 360 in this case is a self petition rather then a spousal based petition for marriage based benefits. The key part of that is marriage based benefits. It doesnt matter if you obtained it on your own (self) or through the spousal based way. You got a GC based on a marriage relationship, you just did it by yourself with out their help...

 

As for the N400- 

A person subjected to battery or extreme cruelty by his or her citizen spouse is exempt from the following naturalization requirements:

 

- Living in marital union with the citizen spouse for at least 3 years at the time of filing the naturalization application; and

 

-Applicant’s spouse has U.S. citizenship from the time of filing until the time the applicant takes the Oath of Allegiance. 

 

The spouse must meet all other eligibility requirements for naturalization based on marriage to a U.S. citizen. 

[Quarknase 1,072]

15 minutes ago, Villanelle said:

I agree with @Pinkrlion the 360 in this case is a self petition rather then a spousal based petition for marriage based benefits. The key part of that is marriage based benefits. It doesnt matter if you obtained it on your own (self) or through the spousal based way. You got a GC based on a marriage relationship, you just did it by yourself with out their help...

 

As for the N400- 

A person subjected to battery or extreme cruelty by his or her citizen spouse is exempt from the following naturalization requirements:

 

- Living in marital union with the citizen spouse for at least 3 years at the time of filing the naturalization application; and

 

-Applicant’s spouse has U.S. citizenship from the time of filing until the time the applicant takes the Oath of Allegiance. 

 

The spouse must meet all other eligibility requirements for naturalization based on marriage to a U.S. citizen. 

Thank you for this! Legal texts leave room for interpretation I guess and we assumed the wrong one...

 

As for the N400 - does this mean I can be married at the time of filing (not to my abuser, but re-married) if I apply under 3 year rule?

 

[Sandra G. 5,047]

On 12/2/2019 at 4:25 AM, Quarknase said:

Hello,

 

I hope this is the best forum category to post these questions - if not, please feel free to move to a more appropriate category.

 

I received permanent residency under vawa in 2016 and am eligible to file for naturalization under the 3 year rule. I have since re-married, my husband lives abroad and we have filed the I-130 for him to eventually join me in the US. After doing a lot of reading online (we're filing everything by ourselves), I'm left with some specific questions that I am hoping to find answers for:

 

1) Eligibility for Naturalization

I found some contradicting info wether I would be eligible for naturalization under 3 year rule if re-married to a non us citizen, but no real source to confirm one or the other (in fact I don't see this being addressed on any "official" resource).

Am I eligible to apply under 3 year rule if re-married (to a non us citizen)?

 

2) Pending I-130 petition for husband while filing under 3 year rule

As a permanent resident I am eligible to petition for my husband. Does having received PR under VAWA, or applying for naturalization under 3 year rule any impact on this? Again, I found some contradicting info that eligibility to sponsor my husband would not be until 5 years of being a PR, but then again no real source for this.

 

3) Proof for eligibility under 3 year rule

I am intending to file the N400 online and it looks like no passport photo upload is required, and no financials (tax transcripts)? So far I'm planning to submit 

- Copy of front and back of Greencard

- Current marriage certificate

- Divorce certificate from previous marriage

- I-360 approval notice

- USCIS Memorandum to show eligibility under 3 year rule as vaca recipient

Anything I am missing here - especially considering that I am filing early under "Other" category as explained above?

 

Thanks a bunch in advance

 

You  can apply for Citizenship under the 3 year rule if your ex spouse is a U.S Citizen, but if he is a green card holder you have to wait 5 years. Your new husband doesn't play a role in your eligibility to apply for naturalization. You are eligible for naturalization under Section 319 (a).

 

You can sponsor him now as a green card holder and once you become a U.S Citizen you should update your petition.

 

 

 

 

Edited December 11, 2019 by sandranj

[Quarknase 1,072]

3 hours ago, sandranj said:

You  can apply for Citizenship under the 3 year rule if your ex spouse is a U.S Citizen, but if he is a green card holder you have to wait 5 years. Your new husband doesn't play a role in your eligibility to apply for naturalization. You are eligible for naturalization under Section 319 (a).

 

You can sponsor him now as a green card holder and once you become a U.S Citizen you should update your petition.

 

 

 

 

Thank you! So for VAWA recipients this is not true?: "After divorce from a US Citizen, a LPR cannot file for new spouse until after 5 years of LPR status. "

[Pinkrlion 2,716]

22 minutes ago, Quarknase said:

Thank you! So for VAWA recipients this is not true?: "After divorce from a US Citizen, a LPR cannot file for new spouse until after 5 years of LPR status. "

That has nothing to do with VAWA.  You are confusing yourself by still referencing your VAWA petition. 

 

She is saying that once you become a US Citizen, you no longer have the 5 year wait rule to file for a spouse.  You can change the status on your petition.  

[Quarknase 1,072]

8 minutes ago, Pinkrlion said:

That has nothing to do with VAWA.  You are confusing yourself by still referencing your VAWA petition. 

 

She is saying that once you become a US Citizen, you no longer have the 5 year wait rule to file for a spouse.  You can change the status on your petition.  

She said "you can sponsor him now as a greencard holder", which indicates that I can. Or am I missing something?

[portorusa 431]

Don't be confused, Quarknase. Sandra is right. It's simple: Your VAWA status (or LPR based on VAWA) has nothing to do with your new husband. Therefore, these are two SEPARATE issues, your 3 year rule naturalization and your I-130 for your new husband.

In other words, as a LPR, you can file I-130 for your new husband NOW. But after this I-130 is approved, your new husband cannot file I-485 immediately because his visa number won't be available. Unless you get naturalized by then and turn into a U.S.citizen and update your status accordingly. In that case the approved I-130 will be the basis for the husband's immigrant visa to become immediately available and he can join you in the U.S. Good luck!

[Quarknase 1,072]

2 minutes ago, portorusa said:

Don't be confused, Quarknase. Sandra is right. It's simple: Your VAWA status (or LPR based on VAWA) has nothing to do with your new husband. Therefore, these are two SEPARATE issues, your 3 year rule naturalization and your I-130 for your new husband.

In other words, as a LPR, you can file I-130 for your new husband NOW. But after this I-130 is approved, your new husband cannot file I-485 immediately because his visa number won't be available. Unless you get naturalized by then and turn into a U.S.citizen and update your status accordingly. In that case the approved I-130 will be the basis for the husband's immigrant visa to become immediately available and he can join you in the U.S. Good luck!

Thank you! Yes, the part on naturalization for myself is clear

 

What I am still trying to get clarity on is, that some posters here stated that I am not eligible to file the I-130 for my husband yet. But I am not sure if that's the case, because USCIS language is not clear to me on this point (or rather allows for two interpretations). Sandra stated that I can file NOW. Which I also believe is true (but it might be wishful thinking on my end haha) so I was just asking about this again.

Either way - I already filed so I'll find out eventually  but knowing is always better than not knowing, you know?  

[little immigrant 801]

Well, let us know once you know 😊

[Quarknase 1,072]

1 hour ago, little immigrant said:

Well, let us know once you know 😊

Will certainly do

[Quarknase 1,072]

@Villanelle @little immigrant update as promised: My petition was approved yesterday. I received an RFE to show bona fide for my previous marriage and after that it was a matter of a couple of days. Phew

[TBoneTX 45,266]

Congratulations, and thanks for returning with your update!