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

[Sandra G. 5,056]

7 hours ago, Quarknase said:

Source?

@sandranj confirmed that VAWA LPR can re-marry and still apply under 3 year rule. New spouse has nothing to do with eligibility under 3 year rule.

If your ex spouse is an LPR you MUST WAIT 5 years to apply for naturalization.I posted the USCIS memorandum before.

Edited February 26, 2021 by sandranj

[Quarknase 1,072]

4 minutes ago, sandranj said:

Source? You are not my client. I explained before that once you become a U.S Citizen you can sponsor your new spouse.

Of course I am not your client. The person asking the question said that their attorney stated that VAWA applicants cannot apply for naturalization under 3 year rule if they re-married before they naturalized. I explained that you said that they can re-marry and apply for naturalization under 3 year rule based on what you explained a while back.

 

There was no question about me sponsoring my husband while being an LPR in this recent posts. Our I-130 is already approved.

[Quarknase 1,072]

10 hours ago, bluelline1039 said:

To clarify, if your VAWA was approved and you are not married you can apply for citizenship at 3year anniversary if you got married then you have to wait 5 years to apply for citizenship.

This is the post I was responding to @sandranj

[Sandra G. 5,056]

4 minutes ago, Quarknase said:

Of course I am not your client. The person asking the question said that their attorney stated that VAWA applicants cannot apply for naturalization under 3 year rule if they re-married before they naturalized. I explained that you said that they can re-marry and apply for naturalization under 3 year rule based on what you explained a while back.

 

There was no question about me sponsoring my husband while being an LPR in this recent posts. Our I-130 is already approved.

Sorry my message was to  another member, and I put your name here by mistake.

 

Just in case if someone wants to see the 3-5 year rule, here is https://www.uscis.gov/sites/default/files/document/memos/sec319a012705.pdf

 

[Quarknase 1,072]

6 hours ago, sandranj said:

Sorry my message was to  another member, and I put your name here by mistake.

 

Just in case if someone wants to see the 3-5 year rule, here is https://www.uscis.gov/sites/default/files/document/memos/sec319a012705.pdf

 

No worries - thanks  @bluelline1039 see link from Sandra here...

[B C 18]

On 2/25/2021 at 7:25 PM, bluelline1039 said:

To clarify, if your VAWA was approved and you are not married you can apply for citizenship at 3year anniversary if you got married then you have to wait 5 years to apply for citizenship.

Assuming ex-spouse is USC:

 

Nope, a VAWA GC can always file for n400 at 3 year mark.

 

But filing for n400 is not mandatory. VAWA GC can simply keep his 10 year GC & stay as LPR.

 

If VAWA (or any other) GC is eligible for & files for citizenship, & becomes USC, after that he can file for new spouse any time.

 

If VAWA (or any other) GC decides to stay GC, he has to wait for 5 Year mark before filing for new spouse.

 

Basically, anybody who is eligible for n400, & becomes USC can file for new spouse as soon as he becomes USC.

 

Any GC (VAWA/Regular/Divorce) who gets 10 Year GC, & DOES NOT file for n400, & stays as GC, HAS to wait for 5 year mark before filing for new spouse.

 

Edited February 28, 2021 by Bhinda C

[bluelline1039 15]

I m confused.......

 

I am a permanent resident through VAWA for 3 years.if get married now ,I would have to wait 5 years to apply for citizenship????

that's what I was told . that's why I haven't remarried my current fiancée.

[Quarknase 1,072]

2 minutes ago, bluelline1039 said:

I m confused.......

 

I am a permanent resident through VAWA for 3 years.if get married now ,I would have to wait 5 years to apply for citizenship????

that's what I was told . that's why I haven't remarried my current fiancée.

No need to wait, VAWA greencard recipients can file for citizenship under 3 year rule. New spouse or fiancé has nothing to do with it

Edited March 1, 2021 by Quarknase

[bluelline1039 15]

ooohhhhhh okay

[Sandra G. 5,056]

21 hours ago, bluelline1039 said:

I m confused.......

 

I am a permanent resident through VAWA for 3 years.if get married now ,I would have to wait 5 years to apply for citizenship????

that's what I was told . that's why I haven't remarried my current fiancée.

If your ex wife is a U.S Citizen  you can apply for naturalization  after 3 years as an LPR.

 

 

Edited March 2, 2021 by sandranj

[bluelline1039 15]

I have already applied for my citizenship, I just wasn't sure if I can get married again while my n400 is processing.

[VJ 5656 1]

C

On 3/1/2021 at 8:40 PM, bluelline1039 said:

I have already applied for my citizenship, I just wasn't sure if I can get married again while my n400 is processing.

So, Can VAWA GC holder get re-married to finance while N400 pending and sponsor for spouse who live abroad? 

[Quarknase 1,072]

19 minutes ago, VJ 5656 said:

C

So, Can VAWA GC holder get re-married to finance while N400 pending and sponsor for spouse who live abroad? 

Yes but for sponsoring spouse they must have been a greencard holder for 5 years.

[VJ 5656 1]

2 minutes ago, Quarknase said:

Yes but for sponsoring spouse they must have been a greencard holder for 5 years.

ohh!!! I have been GC holder 4 years now and N400 pending. So I have wait one more year to sponsor my fiancé If am not citizen? 

[Quarknase 1,072]

38 minutes ago, VJ 5656 said:

ohh!!! I have been GC holder 4 years now and N400 pending. So I have wait one more year to sponsor my fiancé If am not citizen? 

I believe you mean spouse - an LPR cannot sponsor a fiancé. But yes, that’s correct - you can look it up in the I-130 instructions, page 2 under “Who may not file form I-130” point 5: https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf