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Filed: Country: France
Timeline
Posted (edited)

Hi VJ community am a new member here, i have a simple question, i was a victim of domestic violence, between me and my ex husband , i now will remove the condition on my green card myself, im gathering some proofs , i got help from some places ( social services) i got 1 proof of the help expect , 1 volunteer lawyer in a social center ,do not want to provide me with letter of the legal assistance i got from him , is it illegal for this volunteer lawyer to give any proofs of legal service , i left SMS to him asking why he couldnt help me have this prrof especially i need to remove the condition myself , but i still not sure why? if some one have any information about that let me know to do not bother myself or anybody anymore about anything like that ,

thanks

Edited by maghfira
Filed: Country: France
Timeline
Posted

submitting proof of legal assistance won't help your case at all.Hundreds of people use pro bono lawyer, and it does not make any difference in their cases,I did not understand why you need his letter.The lawyer is correct he cant provide this letter for you.

in my understanding i need to gather anything concerning the DV , is not that true? what do i need as proofs? i appreciate your help, i thank you a lot to making things clear to me

Posted

You can remove conditions on your own if you divorce, you do not need to prove DV to do this. This is waiver 1.d. option entered marriage in good faith but ended in divorce or annulment. The victim of domestic violence waiver option 1.e. also requires proving entering marriage in good faith AND proving domestic violence. Why double your proof requirements if you can prove entering the marriage in good faith and got divorced?

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: Country: France
Timeline
Posted (edited)

You can remove conditions on your own if you divorce, you do not need to prove DV to do this. This is waiver 1.d. option entered marriage in good faith but ended in divorce or annulment. The victim of domestic violence waiver option 1.e. also requires proving entering marriage in good faith AND proving domestic violence. Why double your proof requirements if you can prove entering the marriage in good faith and got divorced?

Thank you for the information I thought if there is DV and police report my only option to remove the condition on my green card "must" be DV .I see now I can remove the condition based on entering the marriage in good faith and got divorced only without adding on my files any DV case is that right? To prove the both IS really difficult but I can prove both if this what is required ! Correct me if I'm mistaken please I'm in big mess with the whole papers I have & not sure what to do or who to ask . Your help is much appreciated

Edited by maghfira
Filed: Other Country: Brazil
Timeline
Posted (edited)

you misunderstood regarding the proof for DV cases. If you were victim of mental abuse you need a psychological evaluation stating you are suffering major depression or pos traumatic disorder,if you are taking medication to overcome the problems you need a letter from the doctor stating about your condition and medication, and your own affidavit telling in details all abuse suffered.

If you were victim of physical abuse you need a police report ,restraining order if filed one against him, shelter letter if you stayed in any shelter, hospital records,plus proof of bonafide marriage.Join the thread Vawa part 5,we discuss over there about dv and extreme cruelty.

Edited by sandranj
Posted (edited)

Thank you for the information I thought if there is DV and police report my only option to remove the condition on my green card "must" be DV .I see now I can remove the condition based on entering the marriage in good faith and got divorced only without adding on my files any DV case is that right? To prove the both IS really difficult but I can prove both if this what is required ! Correct me if I'm mistaken please I'm in big mess with the whole papers I have & not sure what to do or who to ask . Your help is much appreciated

Yes, you have the option of which waiver to apply for. Just because there was DV, doesn't mean you're forced to file to remove conditions based on it. As long as you have enough proof of a good faith marriage, you can go that way, regardless if there was DV. If you're short on good faith evidence, and it was partly because of DV, then you could use the second option to help explain why. SandranJ is a great resource here for dealing with DV issues and immigration. I'd join her thread if you even think you might need to use the DV option.

Edited by Caryh

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: Other Country: Brazil
Timeline
Posted (edited)

keep in mind if you file the waiver just based in bonafide you can just apply for naturalization in 5 years (from the first GC) and you need a divorce decree.Based in extreme cruelty you can apply for naturalization in 3years,even being divorced .YOu don't need a divorce decree to file waiver based in extreme cruelty .

Edited by sandranj
Filed: Country: France
Timeline
Posted

keep in mind if you file the waiver just based in bonafide you can just apply for naturalization in 5 years (from the first GC) and you need a divorce decree.Based in extreme cruelty you can apply for naturalization in 3years,even being divorced .YOu don't need a divorce decree to file waiver based in extreme cruelty .

Thank you Caryh thank you sandraj for the important information, i have a police report, restraining order 1 to 2 letters for different places they helped me and pictures of DV , the case was dropped , and the ex husband just got arrested for 24 h, that's it , i never knew i can file for naturalization in case of divorce even with DV , i joinded the thread sandraj, i just have 1 question plz what do u mean exactly with extreme cruelty? DV (injury.bruise ect ? or something different?

 
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