VAWA, Part 27

[OldUser 6,721]

5 hours ago, Sandra G. said:

Do not file for annulment.

 

 

At the same time, whether @kenyy10 files for annulment or not, GC is in danger. I'd think 100 times before proceeding with N-400 in the future. I'd even think now whether to continue keeping GC. If USCIS catches up to this situation, they can rescind @kenyy10 LPR status... 

[BollyB1 18]

1 hour ago, OldUser said:

At the same time, whether @kenyy10 files for annulment or not, GC is in danger. I'd think 100 times before proceeding with N-400 in the future. I'd even think now whether to continue keeping GC. If USCIS catches up to this situation, they can rescind @kenyy10 LPR status... 

I think @kenyy10 needs to hire a very knowledgeable lawyer with track record of similar cases for this case. Reason being, this can count as an evidence towards the abuse If there's sufficient evidence that you were unaware of the 1st marriage by the abuser. I’d say gather the evidence and see a lawyer before attempting N-400. None of this is legal advice. It won't be a walk in the park for sure. All the best @kenyy10

[Still Hopeful 32]

12 hours ago, ogbeni sifu said:

Hi, please what did you tell your congressman? I am thinking of reaching out to mine as well. 40 months for me now. 

I told him to make an inquiry about my case for me and gave him all the necessary information. He responded to me on July 23rd that they are looking into my case., and on July 24th my case was approved 

[TBoneTX 45,328]

2 hours ago, Still Hopeful said:

I told him to make an inquiry about my case for me and gave him all the necessary information. He responded to me on July 23rd that they are looking into my case., and on July 24th my case was approved 

For once, government's good for something!   

[TBoneTX 45,328]

Wednesday!  Time for our highly effective Semiofficial Semiweekly VAWA-Thread Joke:

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SOMETHING NICE

 

Unable to attend the funeral after his father died, a son who lived far away called his brother and told him, "Do something nice for Dad and send me the bill."

Later, he got a bill for $200, which he paid.  The next month, he got another bill for $200, which he also paid, figuring that it was some incidental expense.

Bills for $200 kept arriving every month, and finally the man called his brother again to find out what was going on.

"Well," said the other brother, "you said to do something nice for Dad.  So I rented him a tuxedo."

 

[J2020 94]

13 hours ago, Sandra G. said:

Do not file for annulment.

 

Divorce or Annulment

A person’s marital status may be terminated by a judicial divorce or by an annulment. A divorce or annulment breaks the marital relationship. The applicant is no longer the spouse of a U.S. citizen if the marriage is terminated by a divorce or annulment. Accordingly, such an applicant is ineligible to naturalize as the spouse of a U.S. citizen if the divorce or annulment occurs before or after the naturalization application is filed.^[24]

The result of annulment is to declare a marriage null and void from its inception. An annulment is usually retroactive, meaning that the marriage is considered to be invalid from the beginning. A court's jurisdiction to grant an annulment is set forth in the various divorce statutes and generally requires residence or domicile of the parties in that jurisdiction. When a marriage has been annulled, it is documented by a court order or decree. 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2#:~:text=The applicant is no longer,the naturalization application is filed.

 

 

There is one decision about this matter, link below.  The doctrine applies to all annulments  irrespective of the ground.

https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2271.pdf

Are you saying if I file the divorce before I submit N-400, I’ll be ineligible for naturalization? 

[Demise 1,290]

On 7/30/2024 at 9:11 AM, kenyy10 said:

I’m very aware I need an attorney. I’m asking if anyone here have experienced some like that, or experienced people like @Sandra G.  have an idea of this type of situation. Thank you. 

I wholeheartedly disagree with Sandra here. Applying Matter of Samedi to bigamous VAWA cases would lead to complete nonsense.

 

Flip over to Volume 12, Part G, Chapter 3, F, 1: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

In particular: "The amendments added that any person who obtained LPR status as the spouse, former spouse, or intended spouse of a U.S. citizen who subjected him or her to battery or extreme cruelty may naturalize under this provision." (emphasis added)

 

Intended spouse is defined in Ina 101(a)(50):

"(50) The term "intended spouse" means any alien who meets the criteria set forth in section 1154(a)(1)(A)(iii)(II)(aa)(BB), 1154(a)(1)(B)(ii)(II)(aa)(BB), or 1229b(b)(2)(A)(i)(III) of this title."

 

The bolded one (which is actually INA 204(a)(1)(A)(iii)(II)(aa)(BB), that's part of VAWA self-petitions, same statute you got your green card under) is applicable for our purposes:

"(BB) who believed that he or she had married a citizen of the United States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this chapter to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such citizen of the United States".

 

This might differ depending on state law, but generally in US a bigamous marriage is void from the very beginning with annulment order just setting the record straight. So annulled for bigamy should be perfectly fine as long as the other parts of the bona fides apply (you believed you were the spouse, you lived as spouses, etc). Annulled for other reasons (i.e. you walked out of the courthouse and went your separate ways) would not.

Edited July 31 by Demise

[Demise 1,290]

7 hours ago, J2020 said:

Are you saying if I file the divorce before I submit N-400, I’ll be ineligible for naturalization? 

Well, only Sandra can answer what she meant however the 3 year VAWA naturalization remains open to divorced and widowed spouses.

 

It is a bit more complicated regarding annulment since we can definitely debate if someone with a legally void marriage due to bigamy of the USC spouse who adjusted via VAWA got their status as a "spouse of a US Citizen". However in the policy manual (see above) USCIS has extended the eligibility upon intended spouses as well.

[Braveheart123 146]

2 minutes ago, Demise said:

Well, only Sandra can answer what she meant however the 3 year VAWA naturalization remains open to divorced and widowed spouses.

 

It is a bit more complicated regarding annulment since we can definitely debate if someone with a legally void marriage due to bigamy of the USC spouse who adjusted via VAWA got their status as a "spouse of a US Citizen". However in the policy manual (see above) USCIS has extended the eligibility upon intended spouses as well.

Dear demise can you please share a link that if the VAWA recipient is still eligible for us citizenship even if they are divorce and there is no need to be I. The marriage and 3 years rules doesn’t apply to the VAWA recipient.  

[J2020 94]

1 minute ago, Demise said:

Well, only Sandra can answer what she meant however the 3 year VAWA naturalization remains open to divorced and widowed spouses.

 

It is a bit more complicated regarding annulment since we can definitely debate if someone with a legally void marriage due to bigamy of the USC spouse who adjusted via VAWA got their status as a "spouse of a US Citizen". However in the policy manual (see above) USCIS has extended the eligibility upon intended spouses as well.

Yes because 90% of the vawa beneficiaries I know were divorced before their vawa was approved anyway and they are now US citizens. So I was confused by that information. I just wanna know this for sure because I’m still waiting for my green card and also filing for divorce since I don’t know how the annulment works in my situation. 

[J2020 94]

7 minutes ago, Braveheart123 said:

Dear demise can you please share a link that if the VAWA recipient is still eligible for us citizenship even if they are divorce and there is no need to be I. The marriage and 3 years rules doesn’t apply to the VAWA recipient.  

I thought everyone is eligible to naturalize if the vawa is approved regardless of their marital status with their abuser! Am I wrong? 

[Family 4,007]

7 hours ago, J2020 said:

Are you saying if I file the divorce before I submit N-400, I’ll be ineligible for naturalization? 

 

1 minute ago, J2020 said:

Yes because 90% of the vawa beneficiaries I know were divorced before their vawa was approved anyway and they are now US citizens. So I was confused by that information. I just wanna know this for sure because I’m still waiting for my green card and also filing for divorce since I don’t know how the annulment works in my situation. 

That info on annulment was specific to other posters circumstances..who already has LPR  and bigamy was unknown at both stages.

 

If you are contemplating annulment for bigamy before green card, then ask how to handle that, 

Nothing holding you back from filing divorce anytime , including now. ..if you can navigate service and remote appearances

[Braveheart123 146]

1 minute ago, J2020 said:

I thought everyone is eligible to naturalize if the vawa is approved regardless of their marital status with their abuser! Am I wrong? 

I agree but the other member can give there opinion 

[Demise 1,290]

4 minutes ago, J2020 said:

Yes because 90% of the vawa beneficiaries I know were divorced before their vawa was approved anyway and they are now US citizens. So I was confused by that information. I just wanna know this for sure because I’m still waiting for my green card and also filing for divorce since I don’t know how the annulment works in my situation. 

Honestly, to play it safe I'd just file for divorce. Annulment based on bigamy should be fine, annulment based on any other factors likely would not.

 

6 minutes ago, Braveheart123 said:

Dear demise can you please share a link that if the VAWA recipient is still eligible for us citizenship even if they are divorce and there is no need to be I. The marriage and 3 years rules doesn’t apply to the VAWA recipient.  

Same link: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

 

 

 

[Braveheart123 146]

2 minutes ago, Demise said:

Honestly, to play it safe I'd just file for divorce. Annulment based on bigamy should be fine, annulment based on any other factors likely would not.

 

Same link: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

 

 

 

Thank you so much