how can she hurt me more?

[sasafan 3]

hi all VJ readers,,,im divorced for one month now after being married for more than 2 years,,came to us 11 months ago ,,got my GC one month after ,of course conditional,, went to lawyer who said i can file for waiver to ROC ,,NOW my ex is threatening me of reporting the divorce to uscis,,will that affect my case in ROC? as they may start to remove me out of the country before i file waiver ? my lawyer seems to be not in hurry to file waiver ,he even sent me to family therapist to assess if i worked on this marriage ?????????

has any one of you did or heard about that in ROC WAIVER?

does it make any difference that my ex said in divorce paper that we stopped to live together 7 months ago which is 4 months after my entry to us .

the lawyer says its short period ,,we were living together till last month .i have proofs of that

plz help ,,im out for work now will delay in filing the ROC waiver will cause me troubles?

what if she sent

[BigDaddy28 228]

Let her report it. They won't deport you. As long as you have proof if good faith marriage than your good. Apply as soon add possible, You can apply for a fee waiver if you don't have a job as well. But you all I'm saying, You need proofs. But she can't deport you.

[Hotter Otter 1,211]

Agree with previous poster, she can report the marriage to USCIS of course but as long as you can prove the marriage was entered into in good faith then you can remove conditions on your own. Break ups happen sadly. She is also still on the hook potentially for the affidavit of support and she can't just back out of that. Sorry to hear that you are going through this

[Darnell 8,478]

ROC 'Waiver' is only a tickbox on the form, usually filed prior to the 2 year 'rule' and usually after a divorce is granted.

So, with that in mind, you still must show proof of a bonafide marriage (study the 6 types of proof in the I-130 instructions)

and

get on with your filing, when able.

[sasafan 3]

Agree with previous poster, she can report the marriage to USCIS of course but as long as you can prove the marriage was entered into in good faith then you can remove conditions on your own. Break ups happen sadly. She is also still on the hook potentially for the affidavit of support and she can't just back out of that. Sorry to hear that you are going through this

im all messed up ,,but i work now at least ,she threatened me alot ,with her family ,reporting me,kicking me out ,throwing my stuff

,i have ,joint tax returns,joint bank account,membership ,lots of mail to her house under my name and both names,lots of pictures,car insurance,she refused to put my name n lease and bills,,but i have bills under her name

will that be enough or my chances are weak? i will not ask her for anything or any help

plz explain more about the affidavit of support she signed for me

thank you

[eieio 1,594]

,i have ,joint tax returns,joint bank account,membership ,lots of mail to her house under my name and both names,lots of pictures,car insurance,she refused to put my name n lease and bills,,but i have bills under her name

will that be enough or my chances are weak?

You should have no problems. Well....it will be a hassle and it won't be exciting.....but you have plenty of proof to show this was a good faith marriage.

[tuckin14 58]

The question to be answered is whether you entered the marriage with a good faith intention to establish a bona fide marital relationship. Hypothetically if she threw you out on your wedding night, you could still get removal of conditions if it was clear that you had a good faith intention.

Her reporting to USCIS is pretty much irrelevant. They will find out anyway. You can probably prove how long you lived with her, her divorce filing notwithstanding.

It sounds like your case may rest on your credibility. You may have to get USCIS to believe, for example, that the lack of a joint lease was due to her refusal, rather than yours.

There is no way you can be removed from the USA before filing your ROC (assuming you file it on time). In fact, if you are filing with a divorce waiver, you don't even have to wait until the 2-year mark. But your attorney seems to be advising you to not rush.

[bronco37 16]

I recommend OP to read this following judgment as recent as Oct 22, 2013.

http://www.uscis.gov/sites/default/files/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2013/OCT222013_03B9204.pdf

Excerpts from page 4:

Evidence for a spousal self-petition -
(i) General. Self-petitioners are encouraged to submit primary evidence whenever
possible. The Service will consider, however, any credible evidence relevant to the
petition. The determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Service.
* * *
(vii) Good faith marriage. Evidence of good faith at the time of marriage may include,
but is not limited to, proof that one spouse has been listed as the other's spouse on
insurance policies, property leases, income tax forms, or bank accounts; and testimony or
other evidence regarding courtship, wedding ceremony, shared residence and
experiences. Other types of readily available evidence might include the birth certificates
of children born to the abuser and the spouse; police, medical, or court documents
providing information about the relationship; and affidavits of persons with personal
knowledge of the relationship. All credible relevant evidence will be considered.

What does that mean?

Can you throw a bunch of emails and letters between the spouses, joint bank statements etc. to prove good faith marriage? Yes. But, can you get a successful ROC just on the basis of that? Probably not.

Read further into this ... on page 5:

Good-Faith Entry into the Marriage:

The director correctly determined that the petitioner failed to establish that he married M-T- in good
faith. The record contains the petitioner's declaration, a letter from M-T- and copies of joint bank
statements. The joint bank statements demonstrate a shared residence but do not establish that the
petitioner married M-T- in good faith. Additionally, the statements are dated shortly before M-T- and
the petitioner separated and therefore do not establish the petitioner's good-faith intent upon marrying
him.

Then further down, testimonies/affidavits from other people etc. contributed towards USCIS' decision ..

On appeal, counsel asserts that it is evident from the record that the petitioner loved M-T- as they
had a seven-year relationship that started prior to the petitioner's placement into removal
proceedings. However, the petitioner's declaration did not provide sufficient detail to adequately
address his good faith in marrying M-T-. The petitioner submits letters from nine friends who all
briefly state that they knew the petitioner and M-T- as a married couple and had hoped that things
would work out. The letters fail to provide relevant, substantive information regarding the petitioner's
and M-T-'s relationship. When viewed in the totality, the preponderance of the relevant evidence
demonstrates that the petitioner entered into marriage with his wife in good faith, as required by
section 204(a)(A)(iii)(I)(aa) of the Act.

So, you see it's complex. In this particular case we are talking about a relationship that is 7 years old.

Then further down... BAM!

Section 204(g) of the Act Bars Approval:

Because the petitioner married M-T- while he was in removal proceedings and he did not remain
outside of the United States for two years after their marriage, his self-petition cannot be approved
pursuant to section 204(g) of the Act unless he establishes the bona fides of his marriage by clear and
convincing evidence pursuant to section 245(e)(3) of the Act. While identical or similar evidence may
be submitted to establish a good-faith marriage pursuant to section 204(a)(A)(iii)(I)(aa) of the Act
and the bona fide marriage exemption at section 245(e)(3) of the Act, the latter provision imposes a
heightened burden of proof. Matter of Arthur, 20 I&N Dec. 475, 478 (BIA 1992). See also Pritchett v.
I.N.S., 993 F.2d 80, 85 (5lh Cir. 1993) (acknowledging "clear and convincing evidence" as an "exacting

standard.") To demonstrate eligibility under section 204(a)(A)(iii)(I)(aa) of the Act, the petitioner
must establish his good-faith entry into the qualifying relationship by a preponderance of the evidence
and any relevant, credible evidence shall be considered. Section 204(a)(J) of the Act, 8 U.S.C.
§ 1154(a)(J); Matter ofChawathe, 25 I&N Dec. 369 (AAO 2010). However, to be eligible for the
bona fide marriage exemption under section 245(e)(3) of the Act, the petitioner must establish his good-
faith entry into the marriage by clear and convincing evidence. Section 245(e)(3) of the Act, 8 U.S.C.
§ 1255(e)(3); 8 C.F.R. § 245.1©(9)(v). "Clear and convincing evidence" is a more stringent standard.
Arthur, 20 I&N Dec. at 478. As the petitioner failed to establish his good-faith entry into his marriage
with K-A- by a preponderance of the evidence under section 204(a)(A)(iii)(I)(aa) of the Act, he also
has not demonstrated the bona fides of his marriage under the applicable heightened standard of proof
required by section 245(e)(3) of the Act. Section 204(g) of the Act consequently bars approval of this
petition.

If I were you, I'd document everything as you have a short marriage. Write a concise but, descriptive cover letter describing your entry into the relationship, your effort in maintaining the relationship and to keep things together (i.e., shared experiences). There is no point blaming the other for not having all the evidence that are needed for "Clear and convincing evidence". Your wife can and will report you. Will she be successful in influencing USCIS decision? Probably. She is your wife. And if she has convincing evidence that may raise some doubts about your intention at the inception of this relationship, well expect to spend a lot in lawyer fees. And immigration lawyers are NOT cheap and when it comes to removal proceedings, they are extremely costly.

Good Luck.

[Merrytooth 5,748]

im all messed up ,,but i work now at least ,she threatened me alot ,with her family ,reporting me,kicking me out ,throwing my stuff

,i have ,joint tax returns,joint bank account,membership ,lots of mail to her house under my name and both names,lots of pictures,car insurance,she refused to put my name n lease and bills,,but i have bills under her name

will that be enough or my chances are weak? i will not ask her for anything or any help

plz explain more about the affidavit of support she signed for me

thank you

The I-864 she signed for you will only end in these:

1. LPR leaves the US permanently

2. LPR dies

3. Sponsor dies

4. LPR acquires 40 quarters of credit under social security (this is where people get the ten year thing, but it could be longer than ten years)

5. LPR becomes a US citizen

6. LPR obtains a new adjustment of status (ie, someone else provides a new I864 to support LPR through a new process)

As long as you file the I-751 waiver with enough bona fide marriage evidence, you will be fine.

[Mike-eeh and Odie 192]

...plz explain more about the affidavit of support she signed for me

thank you

What it means is that she is on the hook for the next 10 years to support you financially so long as you stay in the USA. The contract ends when you decide to become a US Citizen, you die, or her co-sponsor dies (if she had a co-sponsor sign).

[bloomfield 1]

The question is can you prove your credibility? What cause your marriage to break down, did you cheat, was it her who broke the marriage ?

[tmma 467]

What it means is that she is on the hook for the next 10 years to support you financially so long as you stay in the USA. The contract ends when you decide to become a US Citizen, you die, or her co-sponsor dies (if she had a co-sponsor sign).

Sorry- this is not exactly true.

The contract is between the sponsor and the US Govt.

All it means is that if you claim and receive any kind of public benefits/monies ( medicaid, welfare...etc) then the sponsor is liable to pay the govt back the money you got from the Govt.

The Govt can claim from the sponsor, but as far as I know- that doesn't happen to often.

[Villanelle 4,121]

hi all VJ readers,,,im divorced for one month now after being married for more than 2 years,,came to us 11 months ago ,,got my GC one month after ,of course conditional,, went to lawyer who said i can file for waiver to ROC ,,NOW my ex is threatening me of reporting the divorce to uscis,,will that affect my case in ROC?

NO. It doesnt matter if she sends USCIS proof that you are divorced.

as they may start to remove me out of the country before i file waiver ?

NO NO NO. When you get divorced and are on a conditional GC, USCIS would LIKE for you to file to remove conditions as soon as the divorce is final even if it is not your ROC date yet. Example., Your card was issued March 2012, expires March 2014. You get divorced July 2013. Well USCIS would like you to file for ROC then in July 2013, HOWEVER you dont have to. You can wait until your ROC window which would be Jan2014- March 2014. You MUST file for ROC before the window closes though, divorced or not- no exceptions. So divorcing can open the window sooner so to speak.

my lawyer seems to be not in hurry to file waiver ,he even sent me to family therapist to assess if i worked on this marriage ?????????

has any one of you did or heard about that in ROC WAIVER?

Your lawyer must know intimate details that we do not. Sending you to get a therapist report is a bit odd but not crazy. Hes trying to certify your intent was good, probably both before during and after. How much influence will it have? I dunno. Cant really hurt. Wouldve been stronger evidence if you had something showing you and spouse went to couples therapy during marriage but if all you have is your sole records from after the break up then thats all you have.

does it make any difference that my ex said in divorce paper that we stopped to live together 7 months ago which is 4 months after my entry to us .

This is a yes/no answer. It will make a difference if you do not fight it. Divorce is a long process in which many papers (and allegations) are swung back and forth. Basically when one person files for divorce they outline why and their version of events and how they would like property divided. Its a starting point and nothing more. The other person needs to respond and either dispute or agree with what the papers state. If you say nothing and agree with her move out date and sign the divorce like that (a legal document) dont expect USCIS to accept evidence that you lived longer then that. Their attitude will be (and correctly so) so what you signed incorrect legal papers (fraud) to get a divorce?? Never sign something thats not 100% the truth. Its your *ss on the line.

So you would dispute the move out date. Its okay if she refuses to acknowledge it. IF you both cant mutually agree on the move out date and sign the papers it will go to the divorce court judge who will look at BOTH of your evidences. You would show the proof you allude to having- she would have??? what? nothing really but her word because you were there. So the judge would rule in your favor and the papers would have the correct date you moved out on.

Im assuming your ROC lawyer is not your divorce lawyer? You really need to discuss divorce issues like that with the divorce lawyer.

the lawyer says its short period ,,we were living together till last month .i have proofs of that

​If the divorce gets finalized with a date of separation on it like your spouse suggested (4 months after your entry) and you do not dispute it and have it finalized with the correct date, then yes, its a very short period and makes ROC very difficult.

plz help ,,im out for work now will delay in filing the ROC waiver will cause me troubles?

Again, you can file immediately after the divorce is final if its before the window is open OR you can wait until the window opens which is 90 days before the card expires. You must file before the card expires no matter what. If you do not you will have trouble.

[Villanelle 4,121]

I recommend OP to read this following judgment as recent as Oct 22, 2013.

http://www.uscis.gov/sites/default/files/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2013/OCT222013_03B9204.pdf

Yikes. Did you read the document you posted in the link?

It has ZERO to do with this posters situation. ZERO> The immigrant in that link was in removal proceedings when he filed for benefits on a new marriage. A big big no no. In that specific situation you need "clear and convincing evidence".

Bottom of page 5

"Because the petitioner married M-T- while he was in removal proceedings and he did not remain

outside of the United States for two years after their marriage, his self-petition cannot be approved

pursuant to section 204(g) of the Act unless he establishes the bona fides of his marriage by clear and

convincing evidence pursuant to section 245(e)(3) of the Act. While identical or similar evidence may

be submitted to establish a good-faith marriage pursuant to section 204(a) (A)(iii)(I)(aa) of the Act

and the bona fide marriage exemption at section 245(e)(3) of the Act, the latter provision imposes a

heightened burden of proof. Matter of Arthur, 20 I&N Dec. 475, 478 (BIA 1992). See also Pritchett v.

I.N.S., 993 F.2d 80, 85 (51h Cir. 1993)

(acknowledging "clear and convincing evidence" as an "exacting

standard.") To demonstrate eligibility under section 204(a) (A)(iii)(I)(aa) of the Act, the petitioner

must establish his good-faith entry into the qualifying relationship by a preponderance of the evidence

and any relevant, credible evidence shall be considered. Section 204(a) (J) of the Act, 8 U.S.C.

§ 1154(a) (J); Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010). However, to be eligible for the

bona fide marriage exemption under section 245( e )(3) of the Act, the petitioner must establish his goodfaith

entry into the marriage by clear and convincing evidence. Section 245(e)(3) of the Act, 8 U.S.C.

§ 1255(e)(3); 8 C.P.R.§ 245.l©(9)(v). "Clear and convincing evidence" is a more stringent standard.

Arthur, 20 I&N Dec. at 478. As the petitioner failed to establish his good-faith entry into his marriage

with K-A- by a preponderance of the evidence under section 204(a) (A)(iii)(I)(aa) of the Act, he also

has not demonstrated the bona fides of his marriage under the applicable heightened standard of proof

required by section 245(e)(3) of the Act. Section 204(g) of the Act consequently bars approval of this

petition

There is a thread in which THIS does apply.

http://www.visajourney.com/forums/topic/517218-fiance-in-removal-proceeding/

However the OP there does not seem to want to hear anything about anything as she is totallyinlove. Feel free to repost your link there and see if it makes an impact.

Edited October 25, 2014 by capri