I-751 battery waiver

[megeg 0]

Hi everyone-

Background:

I married in July 2011 and immigrated to the USA from Canada. In January 2013, I left my husband due to ongoing physical and emotional abuse. I filed for divorce in April 2013. Due to his mental state (he threatened to kill himself and was unstable) and my work schedule, I wasn't able to finalise my divorce until December 2013. I filed for an I-751 waiver (battered spouse) in November 2013 (one month prior to the finalisation of my divorce) and submitted ample evidence of both my good faith marriage (wedding bills, joint bank accounts, joint residency in several homes, vacation photographs, letters from family and friends) as well as evidence of battery (harassing text messages, emails from him admitting his guilt, medical records showing a diagnosis of PTSD, letters from family who have witnessed abuse, an 8 page affidavit from me detailing his behaviour etc). I never submitted my paperwork filing for divorce because Washington is a no-fault divorce state (DV isn't a reason you can give for the divorce) and because I didn't request restraining orders or no contact orders (my ex-husband moved to Russia shortly after I filed... I knew he was going to and didn't see the point in making him angrier and more unstable than he already was.) In April 2014 (6 months after the initial filing of my ROC paperwork) I got a request for further evidence, specifically asking for my final divorce decree. I mailed that in immediately via trackable mail, and I included a letter with my reason for not requesting any kind of restraining orders.

Question:

Can anyone tell me their experiences filing for a battered spouse waiver on their I-751? Should I expect an interview? How long did the whole process take? I have been able to find a lot of information on cases where a basic good will divorce waiver was requested, but information or stories on battered spouse waivers are hard to find. My guess is that it might take longer because it isn't a straightforward "yes we're still married" case. Has anyone got any idea on a timeline after a RFE? Should I expect months more or weeks?

Any similar stories are appreciated!

[Merrytooth 5,748]

This thread may help you

http://www.visajourney.com/forums/topic/492117-does-i-751-waiver-relate-to-vawa/

[Sandra G. 5,026]

Usually they set up interview 3/4months after receiving your RFE answer, most of my l751 waiver cases based in extreme cruelty took 12/14months. Yes they always set up interview for extreme cruelty cases,despite I have one case approved without interview.

[Nancy2015 2]

Question:

Can anyone tell me their experiences filing for a battered spouse waiver on their I-751? Should I expect an interview? How long did the whole process take? I have been able to find a lot of information on cases where a basic good will divorce waiver was requested, but information or stories on battered spouse waivers are hard to find. My guess is that it might take longer because it isn't a straightforward "yes we're still married" case. Has anyone got any idea on a timeline after a RFE? Should I expect months more or weeks?

Any similar stories are appreciated!

I certainly can. I visit this forum about once a year, but I'm always happy to contribute to topics I actually know something about

I filed an I-751 abuse waiver, and it was approved in about 4 months without an interview. I don't know whether it's typical or not - it may have had something to do with the fact that I literally sent them every piece of paper related to that marriage and abuse that I had. I had to mail it in a box, because it didn't fit in an envelope. I was also still married when I filed, but my divorce was finalized before I got the I-751 approval. This wasn't an issue, but it did come up at my naturalization interview - they asked for my divorce decree, and that's about it. I gave them a copy, which they put in my file.

Every time I dealt with USCIS, I found that the best strategy was to bury them in paperwork. They seem to think that the more papers you send them, the more solid you case is. It may be that you will get an interview - I was expecting one myself but didn't get.

[megeg 0]

I certainly can. I visit this forum about once a year, but I'm always happy to contribute to topics I actually know something about

I filed an I-751 abuse waiver, and it was approved in about 4 months without an interview. I don't know whether it's typical or not - it may have had something to do with the fact that I literally sent them every piece of paper related to that marriage and abuse that I had. I had to mail it in a box, because it didn't fit in an envelope. I was also still married when I filed, but my divorce was finalized before I got the I-751 approval. This wasn't an issue, but it did come up at my naturalization interview - they asked for my divorce decree, and that's about it. I gave them a copy, which they put in my file.

Every time I dealt with USCIS, I found that the best strategy was to bury them in paperwork. They seem to think that the more papers you send them, the more solid you case is. It may be that you will get an interview - I was expecting one myself but didn't get.

Hi Sid and Nancy-

Thanks for your experience... I agree regarding paperwork- that's also what I did. (I made an "envelope" out of kraft paper to hold my package of paperwork.) Glad that your experience was positive! (At least the legal/immigration aspect of it!)

[ShinningStar 0]

Sid and Nancey,

Just want to know what options did you selected on i-751:

a. Goodfaith marriage

b. Goodfaith marriage but ended in divorce due to Extrem cruelty abuse by USC Spouse

Did you select both or "b"?

My case is similar and I did selected both option but as it was approved without interview just like not sure based on which ground my petition was adjudicated.

Lot thanks in advance.

[TBoneTX 43,531]

The poster addressed just above hasn't logged on to VJ since May 2.

[Sandra G. 5,026]

You cans read the thread vawa part 5.I helped one guy filing l751 based in extreme cruelty,it took 6months,no RFE, no interview ,he got his GC last week.He posted about it in the Vawa part 5.

Edited June 16, 2014 by sandranj

[ShinningStar 0]

And That guy is me..

Thank you Sandra for great help.

[Waittrain 17]

On 4/26/2014 at 9:45 PM, megeg said:

Hi everyone-

Background:

I married in July 2011 and immigrated to the USA from Canada. In January 2013, I left my husband due to ongoing physical and emotional abuse. I filed for divorce in April 2013. Due to his mental state (he threatened to kill himself and was unstable) and my work schedule, I wasn't able to finalise my divorce until December 2013. I filed for an I-751 waiver (battered spouse) in November 2013 (one month prior to the finalisation of my divorce) and submitted ample evidence of both my good faith marriage (wedding bills, joint bank accounts, joint residency in several homes, vacation photographs, letters from family and friends) as well as evidence of battery (harassing text messages, emails from him admitting his guilt, medical records showing a diagnosis of PTSD, letters from family who have witnessed abuse, an 8 page affidavit from me detailing his behaviour etc). I never submitted my paperwork filing for divorce because Washington is a no-fault divorce state (DV isn't a reason you can give for the divorce) and because I didn't request restraining orders or no contact orders (my ex-husband moved to Russia shortly after I filed... I knew he was going to and didn't see the point in making him angrier and more unstable than he already was.) In April 2014 (6 months after the initial filing of my ROC paperwork) I got a request for further evidence, specifically asking for my final divorce decree. I mailed that in immediately via trackable mail, and I included a letter with my reason for not requesting any kind of restraining orders.

Question:

Can anyone tell me their experiences filing for a battered spouse waiver on their I-751? Should I expect an interview? How long did the whole process take? I have been able to find a lot of information on cases where a basic good will divorce waiver was requested, but information or stories on battered spouse waivers are hard to find. My guess is that it might take longer because it isn't a straightforward "yes we're still married" case. Has anyone got any idea on a timeline after a RFE? Should I expect months more or weeks?

Any similar stories are appreciated!

 

Hello,

 

I am in the same boat. I applied yesterday.

 

Did you checked both extreme cruelty and dirvoce as well?

 

I am wondering, why USCIS asked Divorce decree in RFE, though you filed for cruelty waiver.

[Ontarkie 13,980]

4 hours ago, Waittrain said:

 

Hello,

 

I am in the same boat. I applied yesterday.

 

Did you checked both extreme cruelty and dirvoce as well?

 

I am wondering, why USCIS asked Divorce decree in RFE, though you filed for cruelty waiver.

You may want to start reading the Vawa threads. They can answer many of your questions and the current Vawa thread can be used to ask questions. You will find a lot of help in there. 

[Waittrain 17]

23 hours ago, Ontarkie said:

You may want to start reading the Vawa threads. They can answer many of your questions and the current Vawa thread can be used to ask questions. You will find a lot of help in there. 

Thank you.