I-130 for my husband
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.
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.
Closely read the form instructions "Who Should Not File This Form?" section 5.B and see if you can file under that.
Closely read the form instructions "Who Should Not File This Form?" section 5.B and see if you can file under that. 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 doesnt apply (although USCIS may impose extra scrutiny).
How long ago was the "1 year gap" you are referring to?