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Applying for US Citizenship after I-360 VAWA application was approved and not divorced yet.

Los Angeles, CA |

Good Day! I was in an abusive marriage and got my PR in 2008. I do not keep in touch with my wife at all. We separated in 2007. There has been no contact with her at all and I moved from NJ to CA. We have not filed for divorce yet and I will so do this year.
I am eligible to file for naturalization now and was wondering if it is mandatory to file for a divorce for approved VAWA applicants to get approved for citizenship or is this something CIS recognizes that is between two people.
Will they wonder why I have not divorced her yet?

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Attorney answers 2


I recommend that you redirect your question to Avvo's immigration attorneys. It has more to do with citizenship than it does with divorce.


You are eligible to file for naturalization 4 years and 9 months after you received your conditional or permanent residence status. After this period of time, it is not essential to be divorced.



Thank you Ms. Tseitlin. Immigrants with approved VAWA applications needs to wait for that long? I thought it was three years for us. Could you please confirm? I was informed that under INA 319(a) as modified by VTVPA. Has something changed? Thank you much!

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