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isummer1

Need advise regarding i751 waiver. Please help!

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Hey VJers, I'm going through a tough time right now and have a ton of questions/concerns in my mind. I'm really looking forward to your valuable opinions. Story so far,

Dated my US citizen husband for 4 years (same college)

Got married in may-14

Received visa in November and came to the US in Dec-14

Received 2 year GC in january

We are having problems in the marriage now. My husband cheated on me with an older woman and keeps lying about everything. I'm really tired of him and I'm thinking of getting a divorce. My family is worried that he might get upset and try to get me into legal tangle for whatever reason as I don't have any support in the US. We have stayed together for about 7 months in my home country and for 3.5 months in the US. He had to go back to my home country for 2-3 months and should be coming back in a month. I don't know what to do. The divorce process takes about 60 days in my state. So far, I have all the records of our relationship before the marriage and everything related to the marriage, pics/tickets of the honeymoon. From the US, I just have a lease in our joint name,a savings and a checking account in our joint name, some pics, emails. I also have some chats and text/call records of his communication with his "girlfriend". Do you guys think that I can have a shot at the i751 waiver? Or should I just go back to my home country and save my money? I've invested a lot of time and money in getting settled here and I should be getting a perfect job by early next year. He is still lying about things but he wants us to stay together. He is not going to file for a divorce but I think if I file for a divorce he won't be much supportive with my waiver proceedings. What should I do? File for a divorce and apply for waiver or file for a divorce and just leave the US or wait and see how things turn out? :(:(

I will highly appreciate any help! I don't have anyone to talk to.

Edited by isummer1

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Divorce and file to remove conditions on your own.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If your relationship can't be saved and you truly want a divorce, then file for a divorce. Don't just stay in the marriage for the green-card. Just be honest with USCIS.

Received 2 year GC in january

She has a GC


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Which she gets quicker through divorce.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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She may, but what's your point?

Don't just stay in the marriage for the green-card

The above is not relevant.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Don't just stay in the marriage for the green-card

The above is not relevant.

I agree. I misunderstood what OP was asking. I thought she is staying in horrible marriage just because she is worried about repercussions of divorce on her ROC. Which is not the case. She explicitly asked, "What should I do? File for a divorce and apply for waiver or file for a divorce and just leave the US or wait and see how things turn out?". So staying in marriage is not an option at all.

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Thanks a lot guys for your prompt replies. This is the first time I'm able to talk to someone about this! Thanks a lot, I really mean it!*tears* (You can safely skip to the last paragraph if you don't want to read a personal sob story)

Sorry if I wasn't clear enough in my first post. I have absolutely no intention of staying in the marriage just for the GC nor I am ever going to try to circumvent the regulations. That's why I'm even considering the option of just leaving the US without even trying for the GC. The problem is that things have gotten out of hand just a few days back. I'm considering the divorce but I'm not sure about it even myself. Obviously I really want that my husband stops cheating and lying and that we can just stay happily together; but after everything that has happened and the kind of attitude he has about the situation makes me think that I'm just being foolishly optimistic. The divorce (if it happens) is going to be a really big jolt to my life. Plus I've invested a lot of time and money in pursuing a career here in the US since last 1-1.5 years. If I go back to my home country I have to start over again there. I'm really depressed right now. I just want to know my options.

I understand that you guys can't help me with my personal decisions, I have to make them myself. I was hoping that you guys could give your valuable opinions on the chances of getting the GC through the waiver based on my details in the first post. I understand that it all depends on the individual case, but I don't have much idea how the process works and how many % of people actually get granted or rejected; you guys have much more experience than me and can definitely give a better estimate. Like I said earlier, I don't want to cheat the system in any way. I'm just trying to know what options will I have if the worst happens.

Thanks a lot for your time and efforts! :)

Edited by isummer1

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As seemingly very dodgy ones get approved a legit one should be a cinch.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thanks a lot guys for your prompt replies. This is the first time I'm able to talk to someone about this! Thanks a lot, I really mean it!*tears* (You can safely skip to the last paragraph if you don't want to read a personal sob story)

Sorry if I wasn't clear enough in my first post. I have absolutely no intention of staying in the marriage just for the GC nor I am ever going to try to circumvent the regulations. That's why I'm even considering the option of just leaving the US without even trying for the GC. The problem is that things have gotten out of hand just a few days back. I'm considering the divorce but I'm not sure about it even myself. Obviously I really want that my husband stops cheating and lying and that we can just stay happily together; but after everything that has happened and the kind of attitude he has about the situation makes me think that I'm just being foolishly optimistic. The divorce (if it happens) is going to be a really big jolt to my life. Plus I've invested a lot of time and money in pursuing a career here in the US since last 1-1.5 years. If I go back to my home country I have to start over again there. I'm really depressed right now. I just want to know my options.

I understand that you guys can't help me with my personal decisions, I have to make them myself. I was hoping that you guys could give your valuable opinions on the chances of getting the GC through the waiver based on my details in the first post. I understand that it all depends on the individual case, but I don't have much idea how the process works and how many % of people actually get granted or rejected; you guys have much more experience than me and can definitely give a better estimate. Like I said earlier, I don't want to cheat the system in any way. I'm just trying to know what options will I have if the worst happens.

Thanks a lot for your time and efforts!

I think you will be fine. Just submit as much evidence as possible..

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Google do it yourself divorce for your state -- in most cases it is very simple unless you have kids and a lot of stuff. I think you will surprised how easy it is. But if you prefer to have a lawyer, you will find plenty of them in your google search as well.

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