Separated and filling i751 (battered spouse?)

[gotham10011 1]

It's been a long time visajourney!

Not trying to be dramatic but I never thought I will be writing this tonight..

I got married in November 2013, filled my AOS in February 2014 (from a B2 visa, while my i129F was pending) and received my Green Card on April 17th.

I am now due to file my ROC on January 17th 2016.

My husband and I separated in February 2015 (this year, 1 year and 4 months after our wedding date, 3,5 after after we started dating).

I am sure I must have my share in why our relationship did not last but he is the one that physically attacked me several time (once on July 2014 and then on January 2015).

The first time I left home and felt that I had to go to the police station because I wanted them to know. Early this year, I had to call 911 when he through a chair at me after punching me in the face.

I now have my 2 police reports, a restraining order that I did not even asked for, and more proof that we were in a bona fide relationship.

We stopped talking a few months ago because it always escalates and I am tired of being called names. We did not start our divorce paperwork.

It is not that I am afraid to bring the subject on the table but I just learnt that I could file my i751 as a battered spouse alone and it sounds like a better idea to me.

I also want to precise that I am a man married to a man.

Here is so far what I have in my possession:

- Social medias screenshots of us together.

- New pictures with his entire family. (not given at the time of 1st interview)

- Flight tickets for us traveling together. (not given at the time of 1st interview)

- Joint filed taxes of 2013 and 2014. (N/A at the time of 1st interview)

- Joint health insurance policy (N/A at the time of 1st interview)

- Affidavits from friends. (not given at the time of 1st interview)

- Updated electricity bills in both names (up to May 2015)

- Joint bank account still open

- Credit cards that we had together (N/A at the time of 1st interview)

- My 2 police reports (one from July 2014 and January 2015)

- Restraining order from the judge.

- This might be weird but I also have a letter from my landlord telling me he is not renewing my lease (1)

(I knew it was because NYPD showed up in my building to arrest my husband 7 times so I wrote him a letter (2) and explained the situation. Got back a letter saying that he is happy with my explanation and since my husband does not live here anymore he is renewing my lease (3).

- I could print our recent text messages but it is so intense (for him) that I am too ashamed to show that.

Do you think I need more documents?

Should I file "now" using the waiver or wait for our divorce to be finalized (though it is not even started).

I am not very proud to file under the battered spouse waiver but I would like to get my 10 years Green Card sooner to be honest.

Also, what is battered spouse? Did I need to be battered several times or do I need letter from a doctor? I did not go to the hospital.

Thank you for your help!!!

[TBoneTX 45,498]

*** Thread moved from Removing Conditions forum to the Effects of Major Changes forum, where similar situations are routinely discussed. ***

[Boiler 45,658]

You need to be divorced first, when will that come through?

[newacct 688]

Battered spouse does not need to be divorced to file for Removal of Conditions.

It certainly sounds like you qualify for battered spouse, but I am not sure about how hard it is to show.

[Sandra G. 5,051]

You do not need to be divorced to file I-751 based in extreme cruelty. To prove extreme cruelty you should submit a psychological evaluation to support your claim of extreme cruelty.I know you have two police reports, but the I-751 waiver based in extreme cruelty is different from VAWA cases.

[gotham10011 1]

Thank yo every much for your replies!!

Now, I am getting confused because I thought that battered would be enough to qualify for the waiver. On the Waiver Request Filling it says:

1e. "I entered the marriage in good faith, and, during the marriage, I was battered, or was the subject of extreme cruelty, by my U.S. citizen or permanent resident spouse."

[Villanelle 4,122]

Meh. Immigration is complex.

Im going to try to offer you a simple explanation or atleast as simple as possible! First, Sandra is a attny and this is her field of specialty. You dont have to search the forums hard to find the tons of people she actively helps and shes never wrong with her advice. Its blunt and specific. She never gives run around or false hope- just tells you how it is.

The problem people mostly have is the process and the immigration system is not always logical. Theres things that your gut says this makes sense and to immigration its not that way. There are things the forms may offer you that you dont qualify for because its a one size fits all form. There are things you need to submit as proof that it doesnt flat out tell you- but when a seasoned attny tells you this is the way it is- its the way it is.

Now for your specific situation- here are two links that can help you.

http://www.nifvi.org/pdf/ShowingExtremeCrueltyVAWAI-751WaiverApp.pdf

http://niwaplibrary.wcl.american.edu/immigration/battered-spouse-waiver/tools/3.5_Battered-Spouse-Waiver_2004-MANUAL-BB.pdf(page 4-5 of this form contains relevant info)

Please note it specifically "recommends" the evaluation but then has a disclaimer that they are prohibited from saying it is required. Sandra is giving it to you bluntly. You need it in addition to what you have.

Now your choices are the same as so many others that are sadly in your situation. You can remain married as a divorce is not necessary to check the abuse waiver box and file that way. OR you can get divorced and file under the divorce waiver ONLY. You can also file divorce and abused but thats not really recommended as whatever you check off you need to prove, so why check off two? Well the answer to that is some people do not have strong proof of the marriage so by checking off both they use the abuse to justify why they have no or little joint accounts etc. Every situation is different. But for you I dont think you need that (justification for lack of documents). You seem to have solid proof of the bonafides of the marriage.

So we are back to divorcing and filing only as a divorcee and forgetting about the abuse. Or filing as abuse before the divorce (or after your choice). You need to weigh the evidence you have/chances of approval/path of least resistance etc and make a decision that suits you and you are comfortable with.