VAWA, Part 27

[J2020 94]

5 minutes ago, Family said:

 

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

No bigamy isn’t the issue, I was confused about the info regarding divorce and the eligibility to naturalize in a normal divorce or annulment situation not related to bigamy 

[J2020 94]

5 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

 

 

 

Makes sense. Thank you for clarifying @Demise

[Family 3,988]

2 minutes ago, J2020 said:

No bigamy isn’t the issue, I was confused about the info regarding divorce and the eligibility to naturalize in a normal divorce or annulment situation not related to bigamy 

Divorce good, annulment bad…pretty much sums it up. 

[J2020 94]

4 minutes ago, Family said:

Divorce good, annulment bad…pretty much sums it up. 

Got it haha thank you Family for clarifying 

[Demise 1,263]

Just now, Family said:

Divorce good, annulment bad…pretty much sums it up. 

I guess it depends on the state law. Like in many states a bigamous marriage is legally void, can you get divorced if you were never married in the first place?

[Family 3,988]

8 minutes ago, Demise said:

Honestly, to play it safe I'd just file for divorce

Well said. Who wants to stir a hornets nest…if winning may involve having to make those arguments in immigration court.

[Family 3,988]

3 minutes ago, Demise said:

I guess it depends on the state law. Like in many states a bigamous marriage is legally void, can you get divorced if you were never married in the first place?

[ogbeni sifu 0]

How do I get to speak to a level 2 officer? 

[Sandra G. 5,043]

2 hours 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.  

WHEN CAN I APPLY FOR NATURALIZATION TO BECOME A U.S. CITIZEN? Eligible survivors of domestic violence who obtained their Green Card as the spouse or child of a U.S. citizen who subjected them to battery or extreme mental cruelty may apply for naturalization after residing in the U.S. for 3 years as a lawful permanent resident. This includes individuals with: • An approved I-360 VAWA self-petition.

 

https://www.uscis.gov/sites/default/files/document/fact-sheets/DO_FactSheet_NatzForVAWALawfulPermResidents_V3_508.pdf

 

Edited July 31 by Sandra G.

[Sandra G. 5,043]

4 minutes ago, ogbeni sifu said:

How do I get to speak to a level 2 officer? 

Simply state that you would like to speak with a Tier 2. A Tier 2 will contact you back.

[Braveheart123 146]

4 minutes ago, Sandra G. said:

WHEN CAN I APPLY FOR NATURALIZATION TO BECOME A U.S. CITIZEN? Eligible survivors of domestic violence who obtained their Green Card as the spouse or child of a U.S. citizen who subjected them to battery or extreme mental cruelty may apply for naturalization after residing in the U.S. for 3 years as a lawful permanent resident. This includes individuals with: • An approved I-360 VAWA self-petition.

 

https://www.uscis.gov/sites/default/files/document/fact-sheets/DO_FactSheet_NatzForVAWALawfulPermResidents_V3_508.pdf

 

Thank you so much 

[Sandra G. 5,043]

4 hours ago, Demise said:

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.

Just from Visa Journey's members, I have handled over 25 cases of bigamy, with all of them receiving their green cards through VAWA without any issues, however naturalization the situation is quite different.

 

Edited July 31 by Sandra G.

[Braveheart123 146]

12 hours ago, Sandra G. said:

Just from Visa Journey's members, I have handled over 25 cases of bigamy, with all of them receiving their green cards through VAWA without any issues, however naturalization the situation is quite different.

 

Why the naturalization will be issue if the case is approved Ie VAWA and moreover the marriage is terminated on bigamy and the VAWA is approved 

[Pinkrlion 2,704]

5 hours ago, Braveheart123 said:

Why the naturalization will be issue if the case is approved Ie VAWA and moreover the marriage is terminated on bigamy and the VAWA is approved 

It means you were not married to a US Citizen so 3 year rule does not apply. 

[Sandra G. 5,043]

9 hours ago, Braveheart123 said:

Why the naturalization will be issue if the case is approved Ie VAWA and moreover the marriage is terminated on bigamy and the VAWA is approved 

Cause the law says so.