VAWA, Part 24

[marcoisland777 42]

4 hours ago, Fishy89 said:

Hello everyone  

i received my I-360 approval notice today .. and there is priority date on it May 17 , 2017 and 

What is this date for ? 
i originally filled vawa and I- 485  On February 2018 , 

but i had an old 485 application on May , 2017 

iam confused ! 
Thanks in advance 🧡

 

Hi can you Shane which is your uscis field office?

Edited November 21, 2021 by marcoisland777

[HustlingStill 156]

5 hours ago, Ziongirl said:

Congratulations to each and everyone, it's been a while, but am doing good that's to the most high God, He has taken us through the pandemic . 

Just wanted to bring up a situation  to you all my VAWA family, 

I volunteer at a shelter for abused women and children,  there is this mother who got their GC through vawa, so she went through the therapy and she is good now. She got married just 2 months before she got their Citizenship.

Last week she went for the interview and the IO asked about it. And told her she can not do that. So she was not granted the Citizenship, she was told they will get back to her.

 

So please if you plan to be a citizen,  get it first before you get remarried, you never know who you will meet at the interview 

Thank you for sharing it !! very helpful @sandranj 

@Demise please share your thoughts on it 

[Demise 1,323]

7 hours ago, shiva32 said:

This doesn't make sense, my attorney told me that re-marriage before green card adjudication (after VAWA I-360 approval) can be somewhat of a problem (although there are no hard rules against it), but citizenship? @Demise  and @sandranj can you please chime in? Anybody with "vawa based" citizenship please chime in as well. This would impact so many people. 

 

7 hours ago, shiva32 said:

Are you saying that re-marriage prolongs the 3 year time post vawa based green card approval to 5 years for citizenship? @Demiseplease help by quoting relevant immigration law supporting or contradicting such, if any. 

 

2 hours ago, Sk N said:

Thank you for sharing it !! very helpful @sandranj 

@Demise please share your thoughts on it 

3 year naturalization under VAWA is governed by INA 319(a). I don't see anything in the law that would preclude one who got their LPR status via VAWA from naturalizing after 3 years due to a remarriage.

 

I went digging into the policy manual (which for the lack of a better term is a f-ing mess), and Volume 12, Part G, Chapter 3, F governs that and similarly I see nothing which would prohibit someone who got their LPR status via VAWA (I-360 or COR) or got the VAWA waiver on I-751 from naturalizing after 3 years after a re-marriage.

 

So in this case I will just say that the agent handing the naturalization is an idiot and if someone up the stack doesn't catch this error then only real recourse is either to sue USCIS or file N-336 to appeal.

 

Generally when you have multiple ways to do something in immigration law, it's your call which option you go via. E.g. if you're an LPR for 5+ years, and married to a USC for 3+ years, and you're in the military, it's your call which box to tick as your reason for naturalization. I don't see any justifiable reason for a re-marriage to override eligibility based upon prior VAWA.

Edited November 21, 2021 by Demise

[shiva32 240]

8 minutes ago, Demise said:

 

 

3 year naturalization under VAWA is governed by INA 319(a). I don't see anything in the law that would preclude one who got their LPR status via VAWA from naturalizing after 3 years due to a remarriage.

 

I went digging into the policy manual (which for the lack of a better term is a f-ing mess), and Volume 12, Part G, Chapter 3, F governs that and similarly I see nothing which would prohibit someone who got their LPR status via VAWA (I-360 or COR) or got the VAWA waiver on I-751 from naturalizing after 3 years after a re-marriage.

 

So in this case I will just say that the agent handing the naturalization is an idiot and if someone up the stack doesn't catch this error then only real recourse is either to sue USCIS or file N-336 to appeal.

Thank you very much, Demise. I am hoping the situation that @Ziongirl brought up was due to some other error or issue on the applicant's part, because if adjudicators have this level of incompetence then we have a truly uphill task. Just last month, VSC replied to my congressional case inquiry on a C9 EAD renewal - that C9 EAD RENEWAL will be adjudicated "AFTER I360 AND I485 is approved." Their words, not mine. I guess nowadays one has to be better informed on immigration law than USCIS adjudicators to get the benefits one deserves. 

 

Another question for you, @Demise. When can a vawa based green card holder petition for a foreign born spouse after remarriage? Will their spousal petition be scrutinized more rigorously than usual? Do they have to prove the previous marriage was bona fide all over again, as part of the new spousal petition? If this question belongs to a different forum, please direct me to the same. 

[JerryVawa 7]

13 hours ago, balo101 said:

No it will not expire as long as i-485 remains active/pending. 

Since they hold your i-485. you are good. your EAD is valid until the expiration date on that card.

I meant once the current C09 EAD expires..... does the renewal of the EAD fall under c31 or c09 in the event of divorce (US citizen spouse) happening AFTER I-360 has been filed

[shiva32 240]

Just now, GeraldSG said:

I meant once the current C09 EAD expires..... does the renewal of the EAD fall under c31 or c09 in the event of divorce (US citizen spouse) happening AFTER I-360 has been filed

The renewal should be requested under the C9 category. C31 EAD  is only issued after approval of I-360 which can take years (two years in my case). 

[JerryVawa 7]

Just now, shiva32 said:

The renewal should be requested under the C9 category. C31 EAD  is only issued after approval of I-360 which can take years (two years in my case). 

even when a divorce has happened? does that have any effect on I-485 filed prior to divorce and currently held in abeyance?

[Demise 1,323]

2 minutes ago, shiva32 said:

Thank you very much, Demise. I am hoping the situation that @Ziongirl brought up was due to some other error or issue on the applicant's part, because if adjudicators have this level of incompetence then we have a truly uphill task. Just last month, VSC replied to my congressional case inquiry on a C9 EAD renewal - that C9 EAD RENEWAL will be adjudicated "AFTER I360 AND I485 is approved." Their words, not mine. I guess nowadays one has to be better informed on immigration law than USCIS adjudicators to get the benefits one deserves. 

 

Another question for you, @Demise. When can a vawa based green card holder petition for a foreign born spouse after remarriage? Will their spousal petition be scrutinized more rigorously than usual? Do they have to prove the previous marriage was bona fide all over again, as part of the new spousal petition? If this question belongs to a different forum, please direct me to the same. 

Yeah, fighting against governmental incompetency is an uphill battle.

 

In regards to sponsoring another spouse, VAWA technically falls under "gained lawful permanent resident through a prior marriage to a USC or LPR". The requirements in this case are basically:

1. You've been an LPR for at least 5 years, or;

2. You've naturalized, or;

3. The prior marriage terminated due to death of your spouse, or;

4. You can establish by clear and convincing evidence (75% confidence, vs 51% confidence that US immigration benefits generally operate under) that you did not enter the prior marriage to evade any immigration laws.

 

So basically, either you wait until you naturalize, or you gather up any and all evidence that the prior marriage was legit and send that with the I-130 for the new spouse.

 

I don't think this question falls outside of scope of VAWA since this thread is basically a catch all for anything VAWA related and adjacent. I've answered questions related to the National Firearms Act here previously.

 

1 minute ago, GeraldSG said:

I meant once the current C09 EAD expires..... does the renewal of the EAD fall under c31 or c09 in the event of divorce (US citizen spouse) happening AFTER I-360 has been filed

C09

[Demise 1,323]

1 minute ago, GeraldSG said:

even when a divorce has happened? does that have any effect on I-485 filed prior to divorce and currently held in abeyance?

You write to the office that has your I-485 to transfer it from the old basis (e.g. I-130 or I-129F) to the I-360 if you haven't already. The I-485 will remain pending until a decision is rendered on the I-360. While this I-485 is pending you remain eligible to have an renew your C09 EAD and Advance Parole.

[shiva32 240]

4 minutes ago, Demise said:

Yeah, fighting against governmental incompetency is an uphill battle.

 

In regards to sponsoring another spouse, VAWA technically falls under "gained lawful permanent resident through a prior marriage to a USC or LPR". The requirements in this case are basically:

1. You've been an LPR for at least 5 years, or;

2. You've naturalized, or;

3. The prior marriage terminated due to death of your spouse, or;

4. You can establish by clear and convincing evidence (75% confidence, vs 51% confidence that US immigration benefits generally operate under) that you did not enter the prior marriage to evade any immigration laws.

 

So basically, either you wait until you naturalize, or you gather up any and all evidence that the prior marriage was legit and send that with the I-130 for the new spouse.

 

I don't think this question falls outside of scope of VAWA since this thread is basically a catch all for anything VAWA related and adjacent. I've answered questions related to the National Firearms Act here previously.

 

C09

So, wait to sponsor your new spouse or wait to marry until you naturalize / complete 5 years post GC? 

[Demise 1,323]

Just now, shiva32 said:

So, wait to sponsor your new spouse or wait to marry until you naturalize / complete 5 years post GC? 

You can sponsor them without further evidence regarding the prior marriage immediately after you naturalize, or immediately after your 5th anniversary of getting your green card if you for some reason choose not to naturalize.

 

Finally there is the option C, where you can go around the above wait periods if you can prove that the previous marriage was legit.

[shiva32 240]

1 minute ago, Demise said:

You can sponsor them without further evidence regarding the prior marriage immediately after you naturalize, or immediately after your 5th anniversary of getting your green card if you for some reason choose not to naturalize.

 

Finally there is the option C, where you can go around the above wait periods if you can prove that the previous marriage was legit.

Thank you very much, @Demise. the information is very helpful and illuminating. But I did want to clarify - is there any immigration related reason to postpone remarriage after getting a VAWA based green card? Does re-marriage before naturalization or prior to 5 years of LPR status create any problems for the sponsorship of the new foreign born spouse, even if the sponsorship petition is filed after naturalization / 5 years of LPR status?

[Demise 1,323]

Just now, shiva32 said:

Thank you very much, @Demise. the information is very helpful and illuminating. But I did want to clarify - is there any immigration related reason to postpone remarriage after getting a VAWA based green card? Does re-marriage before naturalization or prior to 5 years of LPR status create any problems for the sponsorship of the new foreign born spouse, even if the sponsorship petition is filed after naturalization / 5 years of LPR status?

Only thing that could harm you is getting married while the I-360 is still pending since that'll kill the petition. Past that point, you're free to do whatever. I don't see any reason why tying the knot when you're able to and just waiting to petition after you naturalize would raise any red flags.

[shiva32 240]

1 minute ago, Demise said:

Only thing that could harm you is getting married while the I-360 is still pending since that'll kill the petition. Past that point, you're free to do whatever. I don't see any reason why tying the knot when you're able to and just waiting to petition after you naturalize would raise any red flags.

You're on fire, @Demise  You are answering as fast I can ask questions. Sorry if I kept you up. One last question for you - why does my attorney recommend against getting re-married before vawa based green card is approved? Even after approval of I360. Is this incompetent advice or is there a grain of truth to her statement that adjudicators may frown upon this? Of course I would never do anything to anger the high priests of USCIS. 

[Demise 1,323]

Just now, shiva32 said:

You're on fire, @Demise  You are answering as fast I can ask questions. Sorry if I kept you up. One last question for you - why does my attorney recommend against getting re-married before vawa based green card is approved? Even after approval of I360. Is this incompetent advice or is there a grain of truth to her statement that adjudicators may frown upon this? Of course I would never do anything to anger the high priests of USCIS. 

My guess is just that while it's not prohibited by the law, you probably want to avoid any questions related to the legitimacy of the marriage you're seeking VAWA through. It basically just saves you a headache in keeping the timeline straight.