Advice needed

[Ojay 1]

Hi everyone,

It has been a hell of a year for me. I moved here last summer from London after being married for exactly a year. We had our church wedding in August and that night, he completely went mental. Think sleeping with the enemy. Following that he continued to be abusive verbally and psychologically and financially manipulative. He had his 2nd violent outburst in November 09 and I called the police. That's the short version.

Here's what I have

- Police report stating both our names and the events of November

- Court papers (he pled no contest and was sentenced)

- Protective order filing docs and finalization

- Arrest Warrant

- Separation Agreement signed by both in Aug10

- Decree Absolut

- Wedding Photos from wedding in Italy

- Wedding photos from traditional marriage

- Health insurance docs showing that he was a dependant on mine

- Joint Lease & doc showing we signed out of joint lease in Dec

- My Bank Statements to our joint address

- My 2009 W2

- Joint travel tickets etc

- Affidavits - friends and his relatives even

- A detailed cover

I'm sure I have more if I need them.

Here are my questions

- Can I file to remove conditions without a lawyer? has anyone done this on here? what did it take?

- Does it have anything to do with VAWA, if I already have a conditional green card?

- Are my docs sufficient to file extreme cruelty?

- What will I need to file? I751 and a waiver? what is the waiver and where is the form? I have not been able to find it anywhere. Is it just that I tick those options on the i751 and that's it?

- Can someone be so kind as to give me a step by step? I am just reading and hearing conflicting messages.

I spoke with an attorney who said I have to pay her $2000 excluding filing fees to represent me and I'm not sure if it is a necessary evil. I would like to do it myself as have always done these things myself but am wondering, is it really that complicated?

Thank you in advance. When I was filing to come here, this site provided so much support... Thank you again!

[VanessaTony 3,567]

You can file ROC with a waiver. No lawyer required. This is quite common.

Jim knows more about this but I remember something about just file based on divorce waiver, not abuse as it's harder or something.

Your evidence (of a bonafide marriage) looks good. That's the evidence you need.

VAWA would be if you didn't get your GC already but married him.

[JimVaPhuong 4,863]

You can file ROC with a waiver. No lawyer required. This is quite common.

Jim knows more about this but I remember something about just file based on divorce waiver, not abuse as it's harder or something.

Your evidence (of a bonafide marriage) looks good. That's the evidence you need.

VAWA would be if you didn't get your GC already but married him.

Yep, agreed. Both a VAWA waiver and a divorce waiver require proof the marriage was entered into in good faith, but the VAWA waiver also requires proof of the abuse, while the divorce waiver requires proof of the divorce. Determining whether the proof of the abuse is sufficient is discretionary. Proof of a divorce is not discretionary - you just need a valid divorce decree. A downside to a VAWA waiver, in the OP's case, is that she's already divorced. With a VAWA waiver she'd need to prove that the abuse was the primary reason for the divorce. With a divorce waiver you don't need to prove anything, which means a "no fault" divorce would be acceptable. In many states, a "no fault" divorce is pretty much the only kind you can get.

Most people who use VAWA for removal of conditions do so because it takes too long to get a divorce in their state (many states have a mandatory one year separation before they'll grant a divorce), and they'd need a divorce decree to get the ROC approved with a divorce waiver. An ROC petition with a VAWA waiver can be approved while the immigrant is still married.

[Ojay 1]

Thank you very much for your contributions.

I still have a few questions:

- Is there a seperate form for the waiver or is it a question of ticking that option on the I751 form?

- Also, Vanessa&Tony said that the VAWA would only be valid if I didn't have a GC. There is still an option on the I751 to request a waiver for extreme cruelty or battery. And on the form, there is no mention of VAWA. I'm assuming this is different? What forms do I need apart from i751 and do I send all in at the same time?

- I read somewhere that the VAWA is such a long process and has something to do with 27months of not starting to evict applicant. I think the VAWA might not be what I'm looking for, since I live and here on a green card.

For me the advantage of filing under extreme cruelty is that I will still be eligible for a passport 3 yr later as if I was still married. I work in Govt Contracting and this would be welcomed for a clearance. Does the fact that I tick this box instead make it a VAWA case? If not, why is it harder? Is this because proving psychological abuse is difficult?

[JimVaPhuong 4,863]

Thank you very much for your contributions.

I still have a few questions:

- Is there a seperate form for the waiver or is it a question of ticking that option on the I751 form?

- Also, Vanessa&Tony said that the VAWA would only be valid if I didn't have a GC. There is still an option on the I751 to request a waiver for extreme cruelty or battery. And on the form, there is no mention of VAWA. I'm assuming this is different? What forms do I need apart from i751 and do I send all in at the same time?

- I read somewhere that the VAWA is such a long process and has something to do with 27months of not starting to evict applicant. I think the VAWA might not be what I'm looking for, since I live and here on a green card.

For me the advantage of filing under extreme cruelty is that I will still be eligible for a passport 3 yr later as if I was still married. I work in Govt Contracting and this would be welcomed for a clearance. Does the fact that I tick this box instead make it a VAWA case? If not, why is it harder? Is this because proving psychological abuse is difficult?

No separate form. You just tick the proper box on the I-751, and provide your evidence.

Vanessa meant that VAWA is more commonly used to obtain a green card initially, since VAWA also allows an immigrant to adjust status, even if they entered the US illegally. You can't initially get a green card based on divorce, but you can remove conditions based on divorce.

VAWA is the name of the law that allows you to adjust status or remove conditions based on extreme cruelty or abuse - the Violence Against Women Act. The form doesn't specifically refer to the Act itself. The form just refers to the cruelty or abuse. If you check box "e" on the I-751 then you're asking for a waiver based on VAWA.

VAWA CAN take a long time for approval. I imagine there's several reasons for this. The fact that's there's considerably more discretionary evidence to sift through is probably one reason. Since VAWA is also a path to legalization for many people who would otherwise have no options, it has a relatively high potential for abuse. This probably also contributes to the amount of time USCIS can take to adjudicate a petition filed under VAWA.