Introducing myself- I 751 Waiver

[Rfranca267 3]

Hi all,

My name is Renata and I found this site looking for help for a I 751 waiver. My marriage is in rocks with my husband causing a whole bunch of problems and driving me crazy threatening to file for divorce just because he simply does not wish to stay married to me any longer. Anyway, he is a TSA officer out of Laguardia and thinks he knows everything and think he can threaten me into staying with him out of submission. I have two boys from a previous relationship and I don't want them involved in this any longer. I moved out of my apartment to live with him, changed my kids' lives and schools, changed my job in order to be with him, stayed with him while he was sick and now he threatens me knowing the ramifications of what he's doing.

My question to you all are:

Do I really need a lawyer to file this? I was reading over other forums about what documentation is necessary and I think I may be able to handle this myself. I did the I-130 and the application for DACA (which was approved back in 2013) all on my own. If there is a real necessity for it, I wouldn't mind paying but it's not something I can afford right now.

Second, can anyone send me some instructions to write an affidavit? I'm torn on how to do it properly.

I appreciate all the help. This site is really a God sent.

Renata

[TBoneTX 45,524]

Welcome to the forum. Your thread is moved from Introducing Our Members to the Effects of Major Changes forum, where similar issues are often discussed. Folks will be along to help soon. Good luck!

[Merrytooth 5,748]

You can file your I-751 with divorce waiver if you are competent in reading and following the form instruction.

You must provide proof of bona fide marriage (mainly financial co-mingled documents).

I am not sure if you have to write an affidavit or you are referring to affidavit from family / friends.

You could simply write in the cover letter that you are asking for a waiver of the joint filing requirement due to divorce and that you're enclosing evidence of your bona fide marriage.

Edited May 31, 2016 by Merrytooth

[Rfranca267 3]

Thank you!

[Caryh 5,206]

The divorced waiver option is a check box on the form. You can easily do this on your own.

[EM_Vandaveer 2,408]

At some point you will have to give USCIS a divorce decree, so if you are filing a divorce waiver I-751, don't forget to actually get divorced.

Edited June 8, 2016 by EM_Vandaveer

[galephys 12]

You don't need a lawyer. It is an easy form, just check the "divorce" box, attach a divorce decree and proof of bona fide marriage. You may be asked for a proof that you really tried to make it work - personally I attached a summary of my therapy treatment and some police reports.

There are plenty of affidavit examples on this website, use search function. In general a person writing an affidavit should state their name, address, email or phone, date of birth and relationship to you, then how they obtained knowledge of your marriage, signature and date. Like this:

I, Jon Doe, born June 1, 1969, live at 123 Main str, City, State. Applicant, Jane Smith, is my friend and co-worker since 2013. I attended the wedding of Jane Smith and John Smith on July 1, 2014 at Place, City, State. We are close friends, Jane talked to me a lot about her new husband and a happy married life. I visited them in their house at 231 Second str, City, State on many occasions. In 2015 Jane told me they are having problems and she is seeing a marriage counselor. Despite their best intentions, Jane and John could not save their marriage. I helped Jane move to her current residence at 678 Third str, City, State. I am confident Jane truly loved John Smith, their marriage was entered in good faith and she did everything in her power to make it work.

Please contact me should you have any questions.

Jun1 8, 2016, signature.

That's how my friends and family did theirs. You can also find much more formal affidavits, it's really up to the writer. Just make sure to keep 3 things:

name, DOB, contact information

how they know you and your husband

how they obtained their information about your marriage (visits, conversations, etc).

sign and date.

Also a warning: some states require a long separation period before you can file for a divorce. Keep dates in mind. I had to first file I-751 because the deadline was approaching and my divorce wasn't final yet. I got an RFE, of course, mailed in the divorce decree and went from there. Because it all took so long, I had to get an extension stamp in addition to a NOA-1 letter. Good luck.