I am at the lowest point of my life. Last week, my wife/her parents kicked me out. In the past there are 4 to 5 instances of her abusing me. I have taken photos of my injuries as well.
My conditional green card expires Dec 2017. Ours is a real marriage, I have many documents like leases, deed, Health/auto/home insurances, photos, air tickets, etc.
She applied for divorce this week. It takes 6 months to get divorce finalized in my state. It will extend longer for sure, as she will argue on everything.
I met with an Immigration attorney, he is suggesting to apply I-751 in extreme cruelty waiver category.
He do not want me to check 'Divorce' category.
My question is, can I check both the boxes even divorce is not final yet?
1) Extreme cruelty and Divorce
2) If I check both the boxes, do I need to prove both?
3) If I check only cruelty now, can I update my application to divorce also, once divorce is finalized?
4) I read somewhere that, once I-751 deadline is crossed (Conditional LPR expiration date), I cannot re apply for a new i 751 application or update my existing application with 'Divorce' category.
I want to check both the boxes. In case my proof's are not enough for extreme cruelty, my application can also be considered in 'Divorce'
But my attorney says, as I will not have divorce decree until next 6 to 12 months, I might get RFE and may be rejected.