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seagull1234

Husband withdrew I-130 before I got admitted to USA but, I am here

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I am still here.

I have a valid CR-1 visa.

Filing for divorce soon and applying for permanent residency through abuse waiver as well as through divorce if absue path fails. Does anyone else have experience with filing multiple waivers for green card?

Hopefully, I will get it approved soon.

Luck is always by my side.

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If I remember your case correctly you have no grounds for an abuse waiver since you threw him and his mother out of the house and got a restraining order. And had him arrested on false charges. And he never laid a hand on you.

For the divorce waiver you must have proof of a relationship that existed after you entered the US. You have none since you threw him out of the house.

So could you give more details on what, exactly, you plan to use as evidence?

Thanks for remembering. But, I did not get him arrested as the judge did not issue the restraining order in the initial hearing in the first place. I had an ex-parte order while he was away from home.

He left home with his mother in a few days after that. I did not throw him out. He left on his own. He is a wife deserter.

I will file divorce on the basis of desertion, separation, extreme cruelty and adultery. I will get divorce anyway for separation through no-fault course.

I will not tell evidence on public forum that he also may read. I have evidence. I will tell I had bodily injury. I will show doctor's report. I called police many times after he left and told them that he was abusing me. I will have those as evidence if I want also.

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You need to research before you file your waiver.

http://www.asistahelp.org/

Extreme cruelty must indicate an intent to control through psychological attacks and/or economic coercion which
also includes emotional abuse, humiliation, degradation, and isolation. A pattern of purposeful behavior, directed
at achieving compliance from or control over the victim must be demonstrated.

Marital tensions and incompatibilities which serve to place severe strains on a marriage, and in fact may be the
root of the marriage disintegration do not by themselves constitute extreme cruelty. The intent of VAW A did not
encompass the mental anguish generally associated with marital difficulties, infidelity, separation or abandonment.

There is no basis for divorce on the grounds of extreme cruelty in your case. However, your husband may claim that you constructively deserted him with false accuses and threats of bodily harm if you had decided to take your actions up a notch while you were together. By filing a false PO, you have given him a lot of reasons to leave you alone, or desert you (if you like to hear the term desertion). And, no, you have no claims for abuse waiver without solid proof of abuse and control. In your case, its a long shot unless you have an adjudicator who is high in the sky with Lucy and diamonds.

Going back to your subject line.. if your husband withdrew his I-130 application before you got admitted to the USA, how are you still here on a CR1? That will be my first question. As I stated in another thread.

Immigration and Naturalization Act, 8 CFR 103.2(b) 6 states, “An applicant or petitioner may withdraw an benefit request at any time until a decision is issued by USCIS or, in the case of an approved petition, until the person is admitted or granted adjustment or change of status, based on the petition. However, a withdrawal may not be retracted.”

Maybe someone more well versed with immigration laws can comment on your situation but, AFAIK, when your husband withdrew his support for your IR1/CR1 application before you got admitted to the USA legally, all associated forms including I-864 stand null and void. In that case, you will have to go before IJ and plea for residency. Can anyone shed any light on how this is even possible for an immigrant to be in the country on CR1 when petitioner had withdrawn the petition?

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Filed: K-1 Visa Country: Nicaragua
Timeline

I suppose her husband withdrew the petition very close to her interview date, so she was able to get the visa and enter the US before the withdrawal made it's way through the system.


April 27, 2016: I-751 mailed

May 2: I-751 received

May ??? NOA1

May 12: Check cashed

May 31: Biometrics appointment scheduled

June 1: Biometrics appointment letter arrives!

June 2: Biometrics walk-in

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I suppose her husband withdrew the petition very close to her interview date, so she was able to get the visa and enter the US before the withdrawal made it's way through the system.

Possibly, but, still the date of withdrawal of the petition will be registered in the system assuming that thing did not get lost in mail. Based on the title of this thread, I think, it's safe to assume that it did not get lost but, it is stuck somewhere in USCIS system.

I do not know the due process in this case, so I will refrain from commenting about what would happen with that withdrawal. But, I think OP is living here on an already issued visa that has no future of its own without some intervention from American jurisprudence. But, I may be wrong. Personally, I have never heard of a situation like this before.

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We sure remember OP's drama very well

See here and enjoy!

http://www.visajourney.com/forums/topic/478984-marriage-mess-and-cr-1/

#######

Only this expression came to my mind first after reading that thread. I am speechless. Did this really happen in the same country I live in?

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Filed: Citizen (apr) Country: Iran
Timeline

When you file for divorce he has the opportunity to respond. It is going to be very hard for you to claim abandonment when you changed the locks on the house and filed false domestic violence charges against him.

To file with the divorce waiver you must show you had a real marriage. You never did and USCIS already has evidence you didn't.

Please just go home.

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Filed: Other Country: Canada
Timeline

If I remember your case correctly you have no grounds for an abuse waiver since you threw him and his mother out of the house and got a restraining order. And had him arrested on false charges. And he never laid a hand on you.

For the divorce waiver you must have proof of a relationship that existed after you entered the US. You have none since you threw him out of the house.

Add to that the fact that he notified USCIS prior to your entry to the US that he did not want you here and he was filing for divorce.

So could you give more details on what, exactly, you plan to use as evidence?

I am not in USA, so it is difficult me to report this case, this person is a scammer a had violated immigration law. Anybody there to report her?

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