I-751 with abuse waiver

[littlefrench 8]

Hi @Villanelle @fromthewater, I just got approved on both grounds! Waiting for the actual notice in the mail. Curious to see if it says section 216(c)(4)(C).

Edited March 12, 2021 by littlefrench

[B C 18]

2 hours ago, littlefrench said:

Hi @Villanelle @fromthewater, I just got approved on both grounds! Waiting for the actual notice in the mail. Curious to see if it says section 216(c)(4)(C).

Would love to see your i751 timeline!

[fromthewater 11]

7 hours ago, littlefrench said:

Hi @Villanelle @fromthewater, I just got approved on both grounds! Waiting for the actual notice in the mail. Curious to see if it says section 216(c)(4)(C).

Congratulations! I'd be interested to know what your approval letter says also!

I see that you originally filed late 2018 and got RFE early 2020? Could you share what took them so long to make a decision on your case?

 

Does that mean you are about to hit 5-year of a PR anyway whether you can file N-400 under abused 3-year qualification or not?

 

Edited March 13, 2021 by fromthewater

[17Miller 30]

This thread is exactly what I've been looking for! Incredibly informational and helpful. Especially @Villanelle , super grateful!!

 

@newyorker94 and @littlefrench , do you mind sharing a bit about how long did each of the marriage last? I wonder if the length of the marriage has to be 3 years at least in order to apply for USC, even under the granted DV waiver as well? Also, I would love to know on your notice of approval mail, did it say "section 216(c)(4)(C)" or something else?

 

I do have a Question in regard to the qualification of LPR - 3y applying for N400.

 

I'm in the process of waiting for my Self-Petitioned I-751 with both Divorce and Abuse waiver moving forward. Here is my timeline:

11/2018  got married to USC

01/2020  CPR was issued

11/2020  divorce finalized

02/2021  submitted ROC with solid evidence  

03/2021  received my NOA  

 

I left my abuser months before the divorce finalization. The marriage only last for 2 years (from the marriage date to the divorce date), I only had my CPR for less than a year by the time the divorce was finalized. Since my CPR was issued on 01/2020, my 3y mark will be 01/2023. I wonder in my case, if I got approved on both Divorce and Abuse ground for my I-751, will I be eligible to apply for N-400 90 days before 01/2023?

 

THANKS SO MUCH!

Edited April 13, 2021 by Pepper Potts More

[fromthewater 11]

On 4/12/2021 at 6:58 PM, MoreMoolahMoreMoi said:

 I wonder in my case, if I got approved on both Divorce and Abuse ground for my I-751, will I be eligible to apply for N-400 90 days before 01/2023?

You will only know if you are eligible for N-400 under 3-year rule once your I-751 is approved.

 

1) If it states on your Approval Letter that you're approved under "section 216(c)(4)(C)", then it is very clear.

2) If not, you will have to do a FOIA request to get your I-751 records from USCIS. You will get a copy of the approved I-751 forms, on which you will see whether the adjudicator officer who approved your case ticked the box where it says "Approved under section 216(c)(4)(C) Battered Spouse/Child". If ticked, congrats; otherwise, wait.

[Villanelle 4,122]

You are able to apply at 90 day/3yr mark if you have a pending 751 based on abuse. Your n400 wont be approved until the 751 is (just like everyone else), so the n400 will be accepted (check cashed) and it will process concurrently with the 751. If the 751 is ultimately denied or not approved based on abuse then the n400 will subsequently be denied (no fees returned). Some people are uneasy about applying until they know their abuse waiver ROC has been approved. The only consequence to applying while your ROC is still pending is losing the fees you paid for the n400 if the ROC is not approved under abuse waiver.

[B C 18]

7 hours ago, Villanelle said:

You are able to apply at 90 day/3yr mark if you have a pending 751 based on abuse. Your n400 wont be approved until the 751 is (just like everyone else), so the n400 will be accepted (check cashed) and it will process concurrently with the 751. If the 751 is ultimately denied or not approved based on abuse then the n400 will subsequently be denied (no fees returned). Some people are uneasy about applying until they know their abuse waiver ROC has been approved. The only consequence to applying while your ROC is still pending is losing the fees you paid for the n400 if the ROC is not approved under abuse waiver.

Worst case scenario is out of $700 dollars money. Best case scenario is US passport..

[B C 18]

On 4/12/2021 at 7:58 PM, MoreMoolahMoreMoi said:

I wonder if the length of the marriage has to be 3 years at least in order to apply for USC, even under the granted DV waiver as well?

No need to wonder, no its not 3 years of marriage, its 3 year mark from original green card issue date.