I-130 for my husband

S

sonudal

New Member
Hi,

I got my greencard as battered spouse. I cannot apply for citizenship as I have one year gap. I have remarried and my husband is oversees. I want to apply I-130 for him, but when I went thur other post I saw that there is a wait of 5 yrs, if you get yr greencard thur marriage. it is only 4 years since i got my greencard. is this information true and applicable even if you get yr greencard as a battered spouse? Pls response. My son was born oversees and i want to apply for him with my husband.
 
sonudal said:
Hi,

I got my greencard as battered spouse. I cannot apply for citizenship as I have one year gap. I have remarried and my husband is oversees. I want to apply I-130 for him, but when I went thur other post I saw that there is a wait of 5 yrs, if you get yr greencard thur marriage. it is only 4 years since i got my greencard. is this information true and applicable even if you get yr greencard as a battered spouse? Pls response. My son was born oversees and i want to apply for him with my husband.
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Closely read the form instructions "Who Should Not File This Form?" section 5.B and see if you can file under that.
 
BigJoe5 said:
Closely read the form instructions "Who Should Not File This Form?" section 5.B and see if you can file under that.
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thanks for your response. i dont know whether i can prove by "clear and convincing" evidence that the prior marriage was not for getting immigration benefit. it seems that the standard is too high. i dont have enough documents to prove my previous marrige was in good faith etc. i am such a dilemma.
 
If you got your GC thru VAWA based on abuse by a US citizen spouse, you can apply for citizenship with the 3 year rule. Then once you are a citizen the 5-year moratorium on filing for a new spouse doesn't apply (although USCIS may impose extra scrutiny).

How long ago was the "1 year gap" you are referring to?
 
Jackolantern said:
If you got your GC thru VAWA based on abuse by a US citizen spouse, you can apply for citizenship with the 3 year rule. Then once you are a citizen the 5-year moratorium on filing for a new spouse doesn't apply (although USCIS may impose extra scrutiny).

How long ago was the "1 year gap" you are referring to?
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Thanks for your response. I was outside the US from 2008 to 2009. My 2 yrs 9 mths only happen end of next year. Therefore, i wanted to apply as GC holder. I also want to apply for my son (born overseas).
 
I think this is the possible perfect VAWA beneficiary that our poor fellow USC, became a victim of, now after milking him wants to bring over her old sweet heart and her son, welcome to America M'aam and thanks for possibly abusing our system and laws to your own benefit, I could be wrong here but your timeline proves otherwise, and sure you definitely will not have clear and convincing evidence of the prior marriage entered into good faith, glad to hear that they atleast have a very high standard for that.
They should have a very high standard for approving VAWA but unfortunately they don't.
I will not volunteer any help for you, go ask your russian counterparts, How to do it.
 
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namecheckvictim said:
I think this is the possible perfect VAWA beneficiary that our poor fellow USC, became a victim of, now after milking him wants to bring over her old sweet heart and her son, welcome to America M'aam and thanks for possibly abusing our system and laws to your own benefit, I could be wrong here but your timeline proves otherwise, and sure you definitely will not have clear and convincing evidence of the prior marriage entered into good faith, glad to hear that they atleast have a very high standard for that.
They should have a very high standard for approving VAWA but unfortunately they don't.
I will not volunteer any help for you, go ask your russian counterparts, How to do it.
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take it easy!

you dont have to be judgmental nor run into conclusions
 
sonudal said:
My son was born oversees and i want to apply for him with my husband.
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Assuming this is the son of your current husband, was he born after you left your abusive USC husband?

If there is strong evidence that you had a prior relationship with your current husband (i.e. before you got your GC), especially if you had a child with him back then, forget about sponsoring him or your son; your own GC may be in danger.
 
sonudal said:
Hi,

I got my greencard as battered spouse. I cannot apply for citizenship as I have one year gap. I have remarried and my husband is oversees. I want to apply I-130 for him, but when I went thur other post I saw that there is a wait of 5 yrs, if you get yr greencard thur marriage. it is only 4 years since i got my greencard. is this information true and applicable even if you get yr greencard as a battered spouse? Pls response. My son was born oversees and i want to apply for him with my husband.
Click to expand...


Please go ahead and apply for your spouse. I am certain you quickly got over your abusive husband and found another one, who happen to shot a child right in there to help you ease the abusive pains. Don't be scared, USCIS won't be bothered with you, especially as you possibly scammed your way into the American dream, a green card under dubious circumstances. Life is great, isn't America the beautiful?
 
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