Citizenship trough Vawa

[plaviot 0]

Good afternoon ladies and gentleman 

.I left my spouse during the VAWA process and never i see  again. Gain green card trough VAWA in January 2020.Now  I found that after 3 year of green card holder you can apply for citizenship

I never got divorced  but did my marriage is terminated automatically  after the VAWA process this thing confusing me . And do i need to file for divorcing first and then file form for naturalization.

Thanks in advance for your opinions 

 

[Crazy Cat 41,810]

2 minutes ago, plaviot said:

I never got divorced  but did my marriage is terminated automatically  after the VAWA process

What does that mean?  I've never heard of a marriage terminating automatically.  

[plaviot 0]

I mean for me logically if you are in domestic violence probably the marriage is terminated ( i don't know that's my opinion ) 

My question is to point after gain green card trough VAWA after 3 years since i got do i need first to file for divorce and then file form  for naturalization ?

[Ontarkie 14,215]

~~Moved to Effects of Major Family Changes, from General Immigration Discussion - As similar topics are posted here.~~

 

 

 

[Ontarkie 14,215]

Yes you marriage is over, but you are still legally married until one of you files for divorce and the courts grant it. 

 

As for whether you need to file prior to starting the N400 I do not know. I'll leave that one to those who know more. 

[OldUser 6,606]

1 hour ago, plaviot said:

My question is to point after gain green card trough VAWA after 3 years since i got do i need first to file for divorce and then file form  for naturalization ?

What is the point of being legally married to an abuser, especially when not living together? I'd finalize divorce and then submit N-400. Not sure if it's a legal requirement, but it definitely would make your N-400 hell of a lot easier to adjudicate. I can almost see confused facial expression of an officer reviewing the case, if you're still married. 

Edited May 11, 2023 by OldUser

[Daphne . 1,852]

Is there an exception for VAWA filers that they can apply for citizenship under the 3 year rule? As far as I know, you have to be living in marital union with your spouse to be able to file under the 3 year rule. 
 

If the rules are the same for VAWA filers, you’ll need to file under the 5 year rule since you don’t live with your spouse anymore.
 

And you are still married btw.. 

Edited May 11, 2023 by Daphne .

[CMJuilland 485]

Whether you are legally divorced or not doesn’t seem to make a difference. The USCIS manual states a requirement to live in marital union with your spouse in order to qualify. I am not familiar enough with VAWA, but the way I read it, you’ll have to wait until having been a resident for five years. https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2 (under D). 

 

 

[Redro 4,611]

33 minutes ago, CMJuilland said:

Whether you are legally divorced or not doesn’t seem to make a difference. The USCIS manual states a requirement to live in marital union with your spouse in order to qualify. I am not familiar enough with VAWA, but the way I read it, you’ll have to wait until having been a resident for five years. https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2 (under D). 

 

 

VAWA GC holders can apply under the 3 year rule… 

But, you are not divorced (unless your spouse divorced you in absentia). 
@plaviot I would check records in the county your married OR in the county your spouse last lived in and then file for divorce if you are still married. 

Edited May 11, 2023 by Redro

[SalishSea 17,801]

23 hours ago, plaviot said:

Good afternoon ladies and gentleman 

.I left my spouse during the VAWA process and never i see  again. Gain green card trough VAWA in January 2020.Now  I found that after 3 year of green card holder you can apply for citizenship

I never got divorced  but did my marriage is terminated automatically  after the VAWA process this thing confusing me . And do i need to file for divorcing first and then file form for naturalization.

Thanks in advance for your opinions 

 

Nope.   Divorce/dissolution of marriage through a court is the only way of ending the legal relationship called marriage.   It isn’t just over because you declare it to be.

[EM_Vandaveer 2,408]

You do need to obtain a divorce.