I-751 abuse waiver approved

[Nancy2015 2]

Hi!

Congratulations for your result. Someone pasted your answer to a topic I posted tonight. Basically, I am going through a hard time myself. I, sometimes, do not know if to keep going hoping that I will adjust by staying married (my husband is very unpredictable from one day to the next and I almost feel like we could keep going like this for a while. At the same time, however, I understand that what he is doing is part of the abuse/control - that is being nice one day, and a monster the next). So, he pretty much wrapped up my mind to the point where it's hard to think for myself.

Reading your post, I feel like I should start writing everything that is happening. But since I did not write things from when they started to go downhill, will it be too late to start now? I got my conditional GC in september 2007, so my paperwork is due in June for renewal.

Well, it's not like I was sitting down writing about everyhting that was going on from day one. Naturally, I forgot a lot of things by the time I got around to writing my declaration. Police report narratives that I had and restrainig order declarations were very helpful as far as dates and events, but the rest I had to try to remember. It's not too late for you to start writing about it.

Abusive and controlling people suck. Let's make sure they don't get their way. Good luck!

[cherr1980 1]

Bibi,

Let me see if I understand your case...if you can give more details the better to help you.

So you filed for I-751 as filing jointly? But now you are separated and in divorce procedures that will finalize six months later.

In the meantime as separated and with a pending I-751 (I assumed filed jointly) you were cited for an interview but you never received such letter and your lawyer states that he never received?

Your lawyer is your divorce lawyer or is your immigration lawyer as well? This is a little bit confusing. If he is both right now, he should know better that he needs to reopen your case because you did not received anything about the interview. Unfortunately, many people have been in that situation.

Your lawyer should help you reopen the case and explain why you did not show up at the interview and at the same explaining that you are ready to show enough evidence of your bona fide marriage but right now you are in divorce proceedings.

If your lawyer has no clue what to do or for that wants you to pay in the thousands...then I will look for other lawyer more comprehensive and that knows the law as well. How much is he asking?

Good luck.

Edited February 19, 2009 by cherr1980

[Nancy2015 2]

Nancy,

Congrats on the approval! You have no idea how much better I feel after reading your post. I'm going through a very rough time. I'm seperated and want to file for the I751 waiver based on abuse. My divroce lawyer is also and immigration lawyer and is asking for $$$$ that I cannot afoord at this time. My status or conditional GC has expired because I didn't show up for the 'removal of conditions interview'. This makes me illegal until I apply for the I751 waiver and get an extension. I have to wait many months before I can pay my lawyer to file the 751 waiver. In the meantime, I won't be able to renew my D/L and will have issues with work etc. All this is putting me under so much pressure. My question to you is, can I file for the I-751 without a lawyer? Is that what you did?

Please advise,

Bibi

Sorry you're going through this. I know this is very hard...

My personal opinion is that lawyers just waste your time and money and don't help. A few immigration lawyers I talked to were plain incompetent and had no clue what they were doing. I-751 is a simple form, it's the evidence you need to put together that makes it hard. A lawyer won't create or gather evidence for you - you'll still have to do the work. The lawyer will put the package together and mail it out, and then, if you get an interview, the lawyer would be sitting next to you, making sure the USCIS officer is doing his or her job. That might be helpful. My personal issue is that I'd rather take the risk but save my money. You can try to get legal help from a local charity (battered women shelters often have an immigration program), but since they refer you to pro bono lawyers, it takes months before your case can be filed with USCIS.

You can file your waiver now without a lawyer.

[Nancy2015 2]

Cherr, thank you for the reply.

I did not show up to the interview because I did not receive any letter in my mail. My lawyer receives all the letters regarding my case, but did not inform me about any interview. I also didn't expect an interview letter because my lawyer said she will withdraw my pending I751 - which she did because I was filing for divorce. My interview was Feb 2, 2009, I received a scanned copy of the denial by email from my lawyer on the 5th. I'm separated, not divorced yet as I have to wait until mid April to satisfy the 6-months requirement.

As for my status, according to the denial letter, I'm illegal?

Here's a scanned copy of the I751 denial letter:

Any suggestions will help...

bibi

Oops, disregard my previous post. You're in removal proceedings. You do need to talk to someone who has knowledge on the subject, I don't.

[amour2008 0]

My story is very similar to yours. i am currently at a shelter and i will be getting a home next week.

I have hired a divorce attorney who cost me 900 buck and she promise to help with immigration but now she is asking more money which i do not have . I was emotionnally and physically abused by my husband. The last physical abuse dated from two month ago. i went to a shelter and he spent three days in jail and was convicted. I AM GOING THROUGH COUNSELING NOW . can i send all documents now by myself?I am to renew the card by may which is three months before it expires . can i send every thin now without the lawyer?I have police reports, hospital documents, shelter documents, 2 leases, taxes filled joint, two affidavit ( which i can get more) what else can i add do i stand a change without a lawyer. The divorce groung are based on abuse

please let me know what documents you had and what i can do

[cherr1980 1]

My story is very similar to yours. i am currently at a shelter and i will be getting a home next week.

I have hired a divorce attorney who cost me 900 buck and she promise to help with immigration but now she is asking more money which i do not have . I was emotionnally and physically abused by my husband. The last physical abuse dated from two month ago. i went to a shelter and he spent three days in jail and was convicted. I AM GOING THROUGH COUNSELING NOW . can i send all documents now by myself?I am to renew the card by may which is three months before it expires . can i send every thin now without the lawyer?I have police reports, hospital documents, shelter documents, 2 leases, taxes filled joint, two affidavit ( which i can get more) what else can i add do i stand a change without a lawyer. The divorce groung are based on abuse

please let me know what documents you had and what i can do

Yes, you can apply by yourself, you have enough evidence to file under the section that states that you have been abused by your spouse. Keep those police records and even his jail report...and shelter documents too. You are a brave woman to take those steps. Remember, YOU CAN. Okay? I think that for those cases you even don't need to wait to be divorce! Im glad that you have decided to smile at life even is not easy...is not, but is WAY BETTER than in the path you were, isn't? Hope you find a home soon!

Check the instructions on Form I-751 at uscis.gov for more details.

Good luck!

[Peggy 1]

Congrats on your approval.

Your a strong lady.

[aspire 0]

Hi,

If you don't mind me asking, what kind of evidence can I gather to help myself in the abusive marriage? My marriage counselor told me this week that my husband is diagnosed with intermittent explosive disorder and paranoid personality disorder, but he has been in the army and he knows what to say and do to look good in front of the authority. He gave me a concussion early this year but the local police took me in for domestic violence. Luckily, the county DV didn't open/file the case. I have a 2-year Green Card, which will be expired in January, 2011.

Please advise,

Asp.

[Yurika & Jim 77]

Hi,

If you don't mind me asking, what kind of evidence can I gather to help myself in the abusive marriage? My marriage counselor told me this week that my husband is diagnosed with intermittent explosive disorder and paranoid personality disorder, but he has been in the army and he knows what to say and do to look good in front of the authority. He gave me a concussion early this year but the local police took me in for domestic violence. Luckily, the county DV didn't open/file the case. I have a 2-year Green Card, which will be expired in January, 2011.

Please advise,

Asp.

aspire,

This thread is more than 1 year old. Why don't you send PM to OP?

Or make another post? Then you'll get more response, I think

[markwpb 0]

I recently spoke to a great Immigration lawyer who told me the following.

"We can apply for your I-751 Waiver as Wava and then apply for your Citizenship (N-400) right away while the I-751 is being approved and you will have your American Passport by December 2014" Then he also said he had a client with a similar case, and wrote the time line on a sticky note indicating how fast the process went and that he is about to get his American Passport pretty soon.

I asked him.. ' So don't I have to wait for 3 years before I can apply for my citizenship (N-400) since I was not married for for 3 years nor I have been a green card holder for 3 years?

And his secretary brought a print out about some Law Section within the Wava that allows you to apply for your citizenship a lot sooner without the need to wait 3 years! I think it was section 314, but I don't recall.

Here is my time line.

07/2012 Got married to a U.S Citizen in good faith.

11/2012 Received my 2 Year conditional Green Card

01/2013 Our daughter was born

09/2013 We got divorced (She filed for it)

So what's the truth about being able to file for N-400 based on I-751 with option 1.e. that says "I entered the marriage in good faith, and, during the marriage, I was battered, or was the subject of extreme cruelty, by my U.S citizen or permanent resident spouse" WITHOUT THE NEED TO WAIT 3 YEARS?

Everywhere that I have read even the I-751 Instructions says that

"I have to be a lawful permanent resident for 3 years or 5 years and my spouse has been a lawful U.S Citizen for at least 3 year"

[TBoneTX 43,524]

Zombie thread closed; most recent post split off from another zombie thread. Please post only once, and in active threads, on any one subject.