Ollie Manta
Jul 15, 2025
Did anyone successfully naturalize in 3 years after filing I-751 waiver based on abuse/divorce?
Hi everyone, I got my conditional green card in September 2023 through marriage. unfortunately it ended in abuse and I got divorced. I’m now filing my I-751 with a waiver based on abuse and divorce. I know the 3 year rule normally applies if you’re still married to your USC spouse but I’ve heard conflicting things whether it still applies if you’re filing a waiver based on abuse.
Has anyone here successfully filed for naturalization after 3 years of having a green card under these circumstances? Would love to hear from others with similar experiences or knowledge. thanks in advance.
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Adam TJul 15, 2025
I do not have personal experience but here is what is written on USCIS website:
General Eligibility for Persons Subjected to Battery or Extreme Cruelty
On October 28, 2000, Congress expanded the provision regarding naturalization based on marriage to a U.S. citizen for persons who reside in the United States. The amendments added that any person who obtained LPR status as the spouse, former spouse, or intended spouse[13] of a U.S. citizen who subjected him or her to battery or extreme cruelty may naturalize under this provision.[14]
Specifically, the person must have obtained LPR status based on:
An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the self-petitioning spouse of an abusive U.S. citizen;
An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the self-petitioning spouse of an abusive LPR, if the abusive spouse naturalizes after the petition has been approved;[15] or
Special rule cancellation of removal for battered spouses and children in cases where the applicant was the spouse, or intended spouse of a U.S. citizen, who subjected him or her to battery or extreme cruelty.[16]
A person is also eligible for naturalization under the spousal naturalization provisions if he or she had the conditions on his or her residence removed based on:
An approved battery or extreme cruelty waiver of the joint filing requirement for Petition to Remove Conditions on Residence (Form I-751), for a conditional permanent resident, if the marriage was entered into in good faith and the spouse was subjected to battery or extreme cruelty by the petitioning citizen or LPR spouse.[17]
Ollie MantaJul 15, 2025
Thank you @Adam T
this is very helpful
