Request for US citizenship, is it possible? Vawa

A

Alinahr

New Member
Hello everyone,

I have a question regarding applying for US citizenship. I have my GC approuved under vawa. I have my gc since 2015. From 2015 to 2020, I have stay in the usa for 1 and half years accumulated! I was doing back and forth between usa and europe because I wanted to stay with my parents at that time because of my depression. Now I am in the US since few month and going to stay here.

My questions are :
1 - Can I still apply for citizenship (bc I have done 1 and half year in the usa) or should I wait until I got more days (if yes how many)?
2- Do they count 1 and half years from today or since I got the GC(so 2015)!?
3- I married a canadian last year, he is looking for a job on TN visa, which is the fastest way for him to stay with me in the US? Should I sponsor him once he is in the US ? Or any other option?

Thank you for the help.
 
From the information provided, you do not seem to meet the physical presence and continuous residence requirements for naturalization. Google and read 8 CFR 316.2 (a) 4 and 6. Also read 8 CFR 316.5 (c) for continuous residence. There is a small likelihood that a determination could be made that you relinquished your permanent residence and would lead you in removal proceedings where you will have to prove before the IJ that you did not do so. Proceed with caution at this time. I suggest you wait for 4 year 6 months after your last entry and then apply. You can file I-130 for your husband after marriage and get a green card under him for F2A category (spouse of permanent resident). You can do it after he comes here or as consular processing.
 
If continuous residence was interrupted, and you cannot overcome the presumption that you interrupted continuous residence, you would have to wait 2 years and 6 months (not 4 years 6 months) after you returned since you are applying under the 3-year rule (VAWA through citizen spouse).

To petition a spouse you married within 5 years of getting your green card through marriage, you would have to show by "clear and convincing evidence" that your previous marriage was bona fide.
 
Yes my previous marriage was bona fide and I had to get it out because of my ex husband abuse behavior towards me. I have proof that when I filed for removal condition of my GC under VAWA.

Do they count 1 and half years from today or since I got the GC(2015)?

I married last year in Europe and I would like to declare in the USA my marriage.
1- How should I proceed ?
2- Should I wait for him to come on TN visa, then declare my marriage so it won’t affect his TN visa request on the border ?
3- Or maybe even the officer at the border knows that he is married to me (GC holder), it won’t affect his TN visa request?
4- during this covid19 period, if he finds a job, how can he apply for the TN visa as the border is closed right now? I was wondering if he can go to the Canadian embassy?
thanks again for the advice.
 
You need "continuous residence" for the last 3 years. An absence of between 6 months and 1 year is presumed to interrupt continuous residence, though it may be overcome with strong evidence. An absence of more than 1 year definitely interrupts continuous residence. When and how long were you absences?

You need "physical presence" of 1.5 years cumulative out of the last 3 years.

Your spouse should not enter the US as a visitor or on TN with preconceived intent to file I-485 during that stay.
 
I have never exceed 6 month continuously. I was in the US 1 and half years cumulative within the last 5 years, not 3!
If he can not enter the US with the intention to stay in the USA with us on TN visa then what is the option?
Because we have a baby and I don’t want to wait years before he comes here. I would like him to be with us for me and our baby.
thank you for your help
 
Even if you did not exceed 6 months on any one trip, if you took multiple trips with only a short time in the US in between, USCIS could consider that one long trip and still find that you interrupted continuous residence.

He can do Consular Processing in Canada. It can take more than a year. He can try to work in the US on TN in the meantime, but there will be increased chance of him being denied entry if he has a pending I-130.
 
I did not file anything for him yet. He is gonna have a TN visa. Meantime, I would to apply for the GC, maybe an adjustment of status can help for him?

What is a consular processing ?
 
Alinahr said:
I have never exceed 6 month continuously. I was in the US 1 and half years cumulative within the last 5 years, not 3!
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Physical Presence

Applicants are required to show that they were:
  • Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)
  • Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)
In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency.

https://www.uscis.gov/us-citizenshi...physical-presence-requirements-naturalization
 
Ok then I will wait 18 month at least before applying for the Citizenship. I need to do 6 more month then I would be able to apply, I will be filling out both criteria : residency in the last 3 month on the same address and 18 month in the last 3 years before applying. thank you for the clearification.

How about my second concern?
my husband is in the US now and stuck because of the closed border in canada.

Our plan before the covid 19 happened was that he will apply for a TN visa , so he can work in the US and stay with me and our baby.

1- But because of the covid situation, even if he finds a job suitable with TN visa, how can he get the visa as the border is closed???

2- then after he gets the TN visa(now or after the border opens again) can I apply for an adjustment of status? Or any other fastest option so he can stay with me and our baby?

Thank you
 
Alinahr said:
Hi anyone can help me for my other concern please ?
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On what status is he in the US now? No one can get visas now since the consulates are closed. Border is only open for essential travel. Not sure if they are issuing TNs. You would need to file and get an approved I-130 for your husband first under F2A if you sponsor him before citizenship. Once it’s approved and F2A is current, he can either do AOS (if he is in a valid status in US) or do consular processing and come back on an immigrant visa. Make sure he doesn’t accrue any overstay to avoid issues. As far as I know, as a Canadian citizen he should be able to travel back even during covid.
 
He is on Visitor right now and he was supposed to go back to Canada but he is stuck here because of the closed border !
During the process of sponsoring him(I-130), Can he do back and forth from Canada and here ? Or it might be a conflict ?
Can I do an adjustment of status when he is on Visitor visa?

I am trying to find the fastest solution for him to stay with me and our baby. That’s why I tought about TN, but now I was wondering about AOS? Because the consular processing takes too long time before he gets here !
Or Can I sponsor him then go to canada to stay with him then come back with him when he gets his TN or i 130 approuved?
 
Alinahr said:
He is on Visitor right now and he was supposed to go back to Canada but he is stuck here because of the closed border !
During the process of sponsoring him(I-130), Can he do back and forth from Canada and here ? Or it might be a conflict ?
Can I do an adjustment of status when he is on Visitor visa?

I am trying to find the fastest solution for him to stay with me and our baby. That’s why I tought about TN, but now I was wondering about AOS? Because the consular processing takes too long time before he gets here !
Or Can I sponsor him then go to canada to stay with him then come back with him when he gets his TN or i 130 approuved?
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Canadian citizens are allowed to go back to Canada. There are flights operating...I know someone who just left last week for Toronto.

Your husband can try to enter as a visitor but having a I-130 processing invalidates the supposed non-immigrant intent that’s required for a visitor and CBP may deny him entry. CBP does ask “purpose of visit” and if he says that he is going to visit his wife and baby that will raise further questions. Even for TN, he may have to disclose if he has close relatives in the US.

Yes, if you can go to Canada and stay with him while he waits for consular processing that would work but be mindful of your continuous residence as a GC holder (no more than 6 months at a time). I don’t think the whole process will take more than a year if F2A is current.
 
1- If I understood, even if he ask for TN visa, he may get a denial because I have a green card and baby is US citizen! Then what is the right solution because everything seems like getting a denial ! I don’t understand why he can not get a TN visa for being honest ?
Good news the border is open but can he come back after few days in US? Me and the baby(3 weeks old) can not stay without the dad. Even if I follow him, I can not go to Canada because I am not canadian right now.
But with my green card, I can stay in Canada right(once border will open again) ? Can I work there ?

2- For The solution for me to sponsor him then go to Canada to wait for this I 130 approuved. As I will have to sponsor him, if don’t work, then how would it possible to sponsor him as I won’t have pay stub to show my income? And If I stay outside of USA, then How can I sponsor him?

Sorry but I am trying to find a solution to be with my husband as fast as I can.

What would be the best solution? Maybe give a try for a TN visa? But if he gets a denial then I sponsor him, does it affect the sponsorship file?

Thanks again for your help.
 
If he plans to enter the US on a non immigrant visa/status (whether TN or tourist) to adjust status then he will be denied entry, as that is considered immigration fraud. So he can’t do that. He can live in Canada and visit you on b visa, showing proof on each entry that he still currently maintains ties/employment etc in Canada until his visa via consular processing becomes available at which stage he moves. Many Canadians visit the US regularly while waiting for spouse visas to process. Yes, it is difficult to stay apart but this is what many have to do. You need to be careful about some of the stuff you read on the internet because you are only a green card holder, and things that don't matter for spouse of citizen (like overstay, intent etc) do matter and can result in denial (in some cases even a ban) for spouse of LPR.
 
Alinahr said:
1- If I understood, even if he ask for TN visa, he may get a denial because I have a green card and baby is US citizen! Then what is the right solution because everything seems like getting a denial ! I don’t understand why he can not get a TN visa for being honest ?
Good news the border is open but can he come back after few days in US? Me and the baby(3 weeks old) can not stay without the dad. Even if I follow him, I can not go to Canada because I am not canadian right now.
But with my green card, I can stay in Canada right(once border will open again) ? Can I work there ?

2- For The solution for me to sponsor him then go to Canada to wait for this I 130 approuved. As I will have to sponsor him, if don’t work, then how would it possible to sponsor him as I won’t have pay stub to show my income? And If I stay outside of USA, then How can I sponsor him?

Sorry but I am trying to find a solution to be with my husband as fast as I can.

What would be the best solution? Maybe give a try for a TN visa? But if he gets a denial then I sponsor him, does it affect the sponsorship file?

Thanks again for your help.
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I can understand what you are going through but this is the reality of immigration process. Many people go through this and your situation is not unique. In fact, since your husband just lives across the border, it makes the situation easier for you comparatively. Like I said, he can try to enter as a visitor/TN while his I-130 is processing but they will question him about his purpose of visit and lying will cause him problems. I have read online that the entry is granted to such individuals on a case by case basis and most often results in a secondary inspection. The reason is clear - visitor entry is purely for non-immigrant reasons while I-130 shows clear immigrant intent. However you can enter Canada as a visitor without problems using your GC. Since you have filed an I-130’for your husband it clearly shows Canadian immigration that you do not intend to immigrate to Canada. Just make sure that you do not stay there over 6 months and if he visits you, he shouldn’t overstay either. About job etc., I’m sorry you will have to manage somehow. Your husband can support you when you visit Canada to see him. Marrying a foreign spouse is not easy and it’s becoming even more difficult even for US citizens due to the new public charge form and increased number of Stokes interviews these days.

Edit - One option is for your husband to get a dual intent visa like H1B (instead of TN) and work here. But I heard that there are huge number of applications and lottery since it’s used by outsourcing companies.
 
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No he will not overstay for sure.
So as the canadian border is open, Can he get the TN visa and come back?
 
Should he try to ask for TN visa first then if it’s refused, I will sponsor him? What do you suggest? Is it a good strategy?

If the TN is refused, does it affect the sponsorship?
 
There’s a whole TN forum here, I suggest he create an account and ask relevant questions.

If he is refused TN for immigrant intent, it won’t affect an immigrant visa petition, but it may possibly make it harder for him to visit while waiting for the visa process to complete.
 
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