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Removing condition based on abuse waiver

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Is there anyone there that can share their experience filing waiver based on emotional abuse only?

A friend of mine has the required evidence , DV shelter report, mental assessment, written evidence of the husband admitting yelling, name calling, etc. She was diagnosed with borderline anxiety and was prescribed medication by a psychiatrist. She is undergoing individual therapy as well.

Her husband was physically aggressive to her several times, shoved her, threw objects at her. No police report because there was no physical injury yet, so she didnt want to call the police because the husband would not bet arrested. However her husband was threatening her to become violent. She ran away very scared. He has criminal record of his physical aggression to a girlfriend before.

She had her conditional green card for only few months when she fled from her abuser, but immigration counselors and attorneys has told her there is not problem with that as long as she can prove the marriage is bona fide. She has all documents to prove it.

Anyone with a similar experience?

  • What happens if a divorce is final between the time she files based on abuse waiver and the time she attends the immigration interview to remove the condition? Does she has to start the process all over again? She is not focusing on divorce now. She is focusing on her emotional well being and getting back on her feet financially because her husband was preventing her from making decent money.
  • She was told by a paid attorney that filing both waivers together, divorce and abuse, will make the case stronger because emotional abuse is difficult to prove. Does it make any sense? Isnt emotional abuse serious enough for immigration?

Thank

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She already have her GC. She can divorce and file ROC with a divorce waiver and proof of bonafide marriage.


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/08/18.....ROC window opens

 

ROC from K-1 + K-2:

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

 

 

 

 

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~Moved from Removing Conditions on Residency to Effects of Major Family Changes where similar topics are discussed~

VJ Moderation


 

 



07/09/2008: F-1 Interview - Successful
05/01/2013: (L) Married (L)

AOS from F-1:
07/09/2013: AOS package (I-130/I-485/I-756/I-131) fedexed
09/25/2013: AOS Interview with my husband at Milwaukee, WI
03/03/2014: AOS Approved

I-751 Removal of Conditions:

11/13/2015: Received reminder notice dated 11/08 from USCIS to apply for ROC
Day 00 - 12/04/2015: Mailed I-751 package to CSC via USPS Priority Mail
Day 03 - 12/07/2015: I-751 package delivered
Day 05 - 12/09/2015: Check cashed
Day 07 - 12/11/2015: NOA1 received dated 12/07/15
Day 22 - 12/26/2015: Biometric appointment notice received dated 12/19/15
Day 35 - 01/08/2016: Biometric appointment

Day 235 - 07/26/2016: Approved (E-notification of Card Production)

Day 238 - 07/29/2016: Status changed to 'Card Was Mailed to Me'

Day 241 - 08/01/2016: CSC returned original docs that were submitted at the time of application.

Day 241 - 08/01/2016: New status update 'Card was picked up by the United States Postal Service' Priority Mail 2-Day with tracking number provided.

Day 243 - 08/03/2016: Received 10 year Green Card

Day 255 - 08/15/2016: Received NOA2 with approval dated 07/26/2016

Click here for a sample of my cover letter, list of evidence, package assembly & shipping box

Click here for a sample of my I-751 notarized affidavit from a friend

 

 

N-400 Naturalization:

12/03/2016: Eligible

Day 00: 12/12/2016 Mailed N-400 to Phoenix, AZ lockbox via USPS Priority Express

Day 01: 12/13/2016 N-400 application delivered

Day 03: 12/15/2016 Credit card charged

Day 07: 12/19/2016 Text & e-mail notification received with a NBC receipt #

Day 11: 12/23/2016 NOA received via mail with priority date 12/13/16

Day 16: 12/28/2016 Received E-mail notification reg. biometrics scheduling

Day 19: 12/31/2016 Received Biometric notice via mail with notice date 12/24/2016

Day 32: 01/13/2017 Biometric appointment

Day 53: 02/03/2017 Received e-mail notification stating I am "in line" for interview scheduling

Day 144: 05/05/2017 Filed an e-request that interview notice was not yet mailed to me

Day 148: 05/09/2017 Received e-mail notification that interview has been scheduled after being in line for 95 days

Day 151: 05/12/2017 Received N-400 Interview notice via USPS

Day 183: 06/13/2017 N-400 Interview at USCIS Milwaukee, WI field office (Approved!) ***To read about my interview experience, click here***

Day 192: 06/22/2017 Received e-mail notification stating I am placed in line for oath ceremony

Day 206: 07/06/2017 Received e-mail notification stating oath ceremony notice was mailed

Day 210: 07/10/2017 Received oath ceremony notice (N-445) via USPS

Day 227: 07/27/2017 Oath Ceremony at Milwaukee, WI!

Dual citizen (France & U.S.A) / OCI card holder

 

Day 00: 07/27/2017 U.S. passport application at Milwaukee, WI (routine processing)

Day 05: 08/01/2017 Passport application locator number provided

Day 06: 08/02/2017 Checks cashed

Day 12: 08/08/2017 Received 2 e-mails stating that passport processing is over and it has been mailed with tracking # provided

Day 15: 08/11/2017 Received passport book via Priority Mail

Day 18: 08/14/2017 Received passport card via First Class Mail

Day 22: 08/18/2017 Received naturalization certificate back via Priority Mail / Updated citizenship status with SSA
 

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Divorce is imminent; to her being married to an abuser does not make sense. They were married for only 7 months when she had to leave her abuser's house. The entire relationship lasted over a year; but he changed his demeanor as soon as they got married. The abuse was worsening with time.

What if divorce is final before one year marriage? Even if the ground for divorce is cruel treatment. How USCIS will see that. I mean, such a short marriage (it was bonafide thought. I can tell she was very much in love, then really broken. She has all the documents to prove it was bonafide marriage)

Is it actually better to submit I-751 with both waivers, emotional abuse and divorce?

Thanks

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As I understand, (and please anyone correct me if I am wrong) for a divorce waiver you need to prove you entered the marriage in good faith (bonafide).

For an abuse waiver, you need to prove both; bonafide marriage and abuse.

I would think that abuse waivers would be used when the evidence for a divorce waiver is not so strong due to the abuse (control of finances and thus not having joint accounts, retention of documents by the abuser, etc) but this is just my opinion.

If I were your friend and I had enough evidence of bonafide marriage, I would just to the divorce waiver.

Divorce is imminent; to her being married to an abuser does not make sense. They were married for only 7 months when she had to leave her abuser's house. The entire relationship lasted over a year; but he changed his demeanor as soon as they got married. The abuse was worsening with time.

What if divorce is final before one year marriage? Even if the ground for divorce is cruel treatment. How USCIS will see that. I mean, such a short marriage (it was bonafide thought. I can tell she was very much in love, then really broken. She has all the documents to prove it was bonafide marriage)

Is it actually better to submit I-751 with both waivers, emotional abuse and divorce?

Thanks


AOS:

Sent AOS Package: Feb 2014

Received Green Card: September 2014

ROC

Sent JOINT ROC Package: Sep 2016

Divorce: Sep 2017

Request to change to waiver: Sep 2017

Approved, Feb 2018 - No interview or RFE

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Thanks everyone. All the answers are helpful

She is concerned about the marriage being so short and then using only the divorce waiver. She left the house after only 7 months of marriage and one year of relationship (including the dating months), because she couldn't put up with the constant violent threads, yelling, name calling, crazy making, etc.

For that reason, both waivers look like a reasonable option, but we still need to hear from someone you went trough a similar situation.

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I was in the same boat as you friend is.

the list of document I submitted before RFE ( originally )

- police report ( case was not pursued since I didn't cooperated with the DA and wanted to save my USC spouse)

- 2 sentence report from my counselor saying I discussed marital problem and abuse to my counselor

- a personal statement

I got RFE and I did a major revision of my personal statement ( which I believe is one of the most important piece here)

Other things I submitted was ..

- a psychological evaluation from a new counselor who stated that I am suffering from PTSD

- two letters from school officials stating my condition during the abuse period

- three letters from friend with whom I have shared abuse

I got approved two days after they received the RFE response from me.

I am not divorced yet or not even legally separated. technically I am n ot with my USC spouse for more than two years.

and during this time I worked really hard to stabilize my mental and emotional and physical well being . .. this is the most important thing.

God bless your friend or whatever. its hard and really hard but this will all be over.

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