I-751 extreme cruelty waiver (mental abuse)

[littlefrench 8]

Hello everyone,

 

thank you in advance for the support. I just signed up and I have to say there are a lot of interesting treads on here.

I wanted to ask for some opinion about my ROC case through an I-751 waiver. I am currently being assisted by an immigration attorney. Below some details:

- Same sex couple (two girls).

- I am from France (I am the beneficiary). Living in LA 

- Came to the US in 2014 with a F1 visa.

- Met my wife in March 2015

- Got married in January 2016.

- Moved in together in February 2016

- AOS interview / approval in September 2016

- My wife (USC) moved out in October 2016.

- I am seeing a psychologist once a week since September 2016

- I am seeing a psychiatrist once every three months since January 2017.

- Psychiatrist prescribed me antidepressant (SSRI) to treat my major depression since January 2017.

- Family doctor gave me prescription to treat anxiety, panic disorder, and other depression/stress related symptoms.

- I have about 5 people that will write affidavits declaring they witnessed the abusive behavior.

- Other 5 witnesses will write affidavits only about the good faith of the marriage and confirming that we were living together.

 

I have the following documents: joint bank account, joint debit card statements, joint phone plans, joint bills, both names on life insurance, joint lease agreement with both names and signatures, other documents like pay stubs and emergency contact from work stating married status and both our names, direct deposit for about half of the salary on our joint account. I have text messages, confirming abuse pattern. I have pictures with her and her parents and other family members. 2-3 trips in the US together. Chat history between me and her family.

 

However I have no evidences (besides affidavits) for the courtship period. My divorce was finalized two months ago, so my lawyer is advising to check both boxes, divorce waiver and extreme cruelty waiver. This is because she thinks that with the luck of evidences for the courtship, I would have problem showing the good faith of my marriage. While with the extreme cruelty waiver, the evidentiary standard is different, because they would have to take into account "any credible evidence" for this kind of waiver. And the abuse would also justify the fact that we separated right after I was granted CR status.

 

What is your opinion about this? Anyone went though the same process and had a short marriage like mine?

 

Thanks again

[Boiler 43,425]

Get a new lawyer, extreme cruelty is silly.

[littlefrench 8]

1 minute ago, Boiler said:

Get a new lawyer, extreme cruelty is silly.

Can you elaborate?

[Waittrain 17]

28 minutes ago, littlefrench said:

Hello everyone,

 

thank you in advance for the support. I just signed up and I have to say there are a lot of interesting treads on here.

I wanted to ask for some opinion about my ROC case through an I-751 waiver. I am currently being assisted by an immigration attorney. Below some details:

- Same sex couple (two girls).

- I am from France (I am the beneficiary). Living in LA 

- Came to the US in 2014 with a F1 visa.

- Met my wife in March 2015

- Got married in January 2016.

- Moved in together in February 2016

- AOS interview / approval in September 2016

- My wife (USC) moved out in October 2016.

- I am seeing a psychologist once a week since September 2016

- I am seeing a psychiatrist once every three months since January 2017.

- Psychiatrist prescribed me antidepressant (SSRI) to treat my major depression since January 2017.

- Family doctor gave me prescription to treat anxiety, panic disorder, and other depression/stress related symptoms.

- I have about 5 people that will write affidavits declaring they witnessed the abusive behavior.

- Other 5 witnesses will write affidavits only about the good faith of the marriage and confirming that we were living together.

 

I have the following documents: joint bank account, joint debit card statements, joint phone plans, joint bills, both names on life insurance, joint lease agreement with both names and signatures, other documents like pay stubs and emergency contact from work stating married status and both our names, direct deposit for about half of the salary on our joint account. I have text messages, confirming abuse pattern. I have pictures with her and her parents and other family members. 2-3 trips in the US together. Chat history between me and her family.

 

However I have no evidences (besides affidavits) for the courtship period. My divorce was finalized two months ago, so my lawyer is advising to check both boxes, divorce waiver and extreme cruelty waiver. This is because she thinks that with the luck of evidences for the courtship, I would have problem showing the good faith of my marriage. While with the extreme cruelty waiver, the evidentiary standard is different, because they would have to take into account "any credible evidence" for this kind of waiver. And the abuse would also justify the fact that we separated right after I was granted CR status.

 

What is your opinion about this? Anyone went though the same process and had a short marriage like mine?

 

Thanks again

Do you have more evidences for abuse?

 

Just my opinion.

Considering very short time marriage, you need to be prepared for the worst.

You need to justify abuse is really extreme cruelty.

 

I have did lot of research,  and found sometimes in interview, officer will consider its just a 'mean' behavior, rather really abuse.

I saw 2 cases like that.

 

But just my 2 cents. I would just follow whatever lawyer suggested.

 

[AbrilJoy 5]

I heard from an attorney that at the interview, the USCIS officer told the interviewee

"pick one" for the cause of the waiver.

As far I as I know it sounds like USCIS doesn't consider mental abuse so seriously.

 

 

[littlefrench 8]

Mental abuse causing major depression, need of medicatios, PTSD, anxiety, panic attacks, ongoing therapy (more than 80 sessions), three professionals wroting a report, multiple affidavots, text messages.

Not sure how you can prove a mental abuse claim with more evidences.

 

Edited March 14, 2018 by littlefrench

[Boiler 43,425]

I am a KISS sort of of person.

 

Divorce waiver simple, you addressed the pre Conditional GC situation in your interview, extreme cruelty waiver complicated.

 

[littlefrench 8]

2 minutes ago, Boiler said:

I am a KISS sort of of person.

 

Divorce waiver simple, you addressed the pre Conditional GC situation in your interview, extreme cruelty waiver complicated.

 

Good point. But I haven’t been asked questions about the courtship during my AOS interview. I just provided evidence that we met in March 2015 and Married in January. But not asked what happened in between

[Boiler 43,425]

Which begs the question why you think it will be an issue now.

[littlefrench 8]

1 minute ago, Boiler said:

Which begs the question why you think it will be an issue now.

You are making it too easy. When you file for a waiver all the bona fide issue must be overcome all over again.

[Boiler 43,425]

1 minute ago, littlefrench said:

You are making it too easy. When you file for a waiver all the bona fide issue must be overcome all over again.

As this situation seems to come up daily suggest you read through posts by others who have gone through the process.

[littlefrench 8]

4 minutes ago, Boiler said:

As this situation seems to come up daily suggest you read through posts by others who have gone through the process.

I did. And I read all the case law available on these topics. But not much regarding mental abuse and short marriage.

[Boiler 43,425]

Exactly

[NikLR 13,220]

Divorce waiver is easier.  You have more joint proof than I've seen with others who've had divorce waivers.  Extreme cruelty, abuse, etc, tends to be checked when the LPR is unable to get divorce.  I do not suggest checking both boxes. 

[littlefrench 8]

1 minute ago, NikLR said:

Divorce waiver is easier.  You have more joint proof than I've seen with others who've had divorce waivers.  Extreme cruelty, abuse, etc, tends to be checked when the LPR is unable to get divorce.  I do not suggest checking both boxes. 

Thanks for your reply. Can I ask you why you don’t suggest checking both boxes when the instructions specifically say to check all waiver I am eligible for?