Divorce waiver ROC

[A1987WA 11]

Good morning everyone.

Came USA F1: 01/2015; Married: 10/2015; CPR: 09/2016; Living separate: 05/2017; CPR expires: 09/2018; Now She is proceeding for divorce

Finally after all the hurdles I am assuming I have no other way without proceeding to divorce. I tried each and everything; but she does not want to continue because of unknown issue (that she does not want me to know). So here is my position: She is filing for divorce, My CPR will expire on 09/2018, I need to stay till 2021 to complete my education, I wish to continue my life here since in last three years i set up my life here. More or less I have the following evidences. Please advice me if I am missing something or any advice:

> I will add a cover letter detailing the relationship from beginning till end- Where, when and how

> Marriage certificate, Our driving license (same address), birth certificate, our passports

> Divorce paper (after the divorce gets completed)

> Joint apt. lease from 10/2015 to till date

> Joint light bill, Joint water bill

> Internet and cable line under HER name in same address

> T-mobile plan under MY name including me, her and her two brothers

> Joint auto insurance

> Jointly purchased 3 vehicles&auto loans and 1 more vehicle (cash paid before marriage) where she was included in Title after marriage

> 2 Joint Checking accounts

> 2 years Joint Tax return

> Walmart and Sam's Club Spouse Card as her spouse (She is an employee of Walmart now)

> Some letters from human services, Govt organizations, insurance, banks, schools under our both name in same address

> 2 marriage counselors papers (Counseling as attempt to save relation)

> HER Amazon card and Prime Orders showing different purchases from the beginning of relation by me, her, her brothers in different addresses

> Police report of her abandonment

> JOINT Police report  of family violence where she convicted me taking her phone and I convicted her for physical abuse (I have affidavit of neighbors who witnessed)

> One hotel vouchers during our trip to another city

> 15-20 Pictures from beginning of relation of us, some with family and some with friends in different occasions

> My all emails and correspondence during living separate

> Her verbal conversation records where she admitted beating me

> Our text messages, chat and call history of last one year.

> One affidavit from HER, One from Land lord, One from neighbor, One from common friend, One from our ex roommate (No Affidavit from her family because she does not want me to see them even as she ill-intendedly placed me as an awful person in front of them)

> Proofs of her some recent suspicious communication with her ex-bf and one other guy

> Proof of her threats to me if I try to meet her family

> My psychologist's prescription for depression, anxiety and insomnia during her living separate and my attempts to get her back

 

As per other threads on evidences; I am missing the followings/Red Flags:

> We never had 401K or Life insurance or Joint savings account

> We never had health insurance continuously since she was having medicare through Govt

> I don't have hundreds of pictures since she had all of them and she is saying she deleted them! Even I have that text records where I was asking for pictures and she was ignoring my requests

> I was arrested for 7 hours for a Class C misdemeanor with my friend (he stole a head phone and put that in my bag even without my notice at Walmart!!) Before Conditional Green Card Approval; Later on it was dismissed because I was not at fault and I proved that.

 

Based on above statements; any advice for :

> Any additional evidences needed? Or Am I missing something?

> Should I go for Good Faith Marriage Waiver or Abuse Waiver or Extreme Hardship Waiver(Considering my Financial ties, Educational issues and Existing loans at USA) ?

> Should I try to get an affidavit any how from her family even though she does not want me to meet them?

 

Any helpful advice welcome.

[bravagreen 36]

You have alot of evidence that can convince any reasonable person that you were in a good faith marriage. I think filling for"good faith marriage waiver or extreme hardship waiver " will be better

. Just keep the faith and do the right thing and victory will be yours. After all you did not request for a divorce but her.

[Georgia16 2,858]

How many profiles do you have? 

 

But yes you can file ROC with divorce waiver and then get your 10 year GC that way.

 

Edited July 15, 2017 by Georgia16

[A1987WA 11]

2 minutes ago, Georgia16 said:

How many profiles do you have? 

 

But yes you can file ROC with divorce waiver and then get your 10 year GC that way.

 

Hi there I have one profile only; I just changed the name. A lawyer told me not to submit divorce waiver; rather to go for VaWa for highest chance of approval. I dont want that because i dont want to place her abusing me and putting her in fault line. I do love her honestly; its her reckless choice of leaving relation. But is it likely for vawa for get approved easily? And any comments on my evidences?

[Georgia16 2,858]

3 minutes ago, A1987WA said:

Hi there I have one profile only; I just changed the name. A lawyer told me not to submit divorce waiver; rather to go for VaWa for highest chance of approval. I dont want that because i dont want to place her abusing me and putting her in fault line. I do love her honestly; its her reckless choice of leaving relation. But is it likely for vawa for get approved easily? And any comments on my evidences?

Probably just because he gets more money that way.

 

You should do what you feel will be best for you.

Luckily you have a lot of evidence of band fide marriage. 

[A1987WA 11]

3 minutes ago, Georgia16 said:

Probably just because he gets more money that way.

 

You should do what you feel will be best for you.

Luckily you have a lot of evidence of band fide marriage. 

Yes you are perfectly right; the lawyer asked me for $5,000 for VAWA petition and he told me: USCIS does not want to see Good faith marriage waiver and I will be more likely to get denied without VAWA!

And honestly I am saying: I loved her for real and she was my everything; whatever she did was extreme cruelty to me just within 3 months of her quick changes. I know its not her; someone came in our relation and she just want me to leave without any chaos like going to her parents or even see our common friends. I am missing some evidences like: More pictures, Joint Health Insurance, Joint credit card and 401K/Life insurance. We never had those and for pictures she does not want to help me. She said: she could not find the pictures on her laptop and another time she said she already deleted the pictures. I have like 15-20 pictures only 

I will file by myself and I am ready to fight to any level for my valid and authentic marriage. But my wife just told me couple of days ago: You can not do by yourself if I complain! She wants me to stay scared and keep begging her that I already stopped like a month ago. She did not like that honestly!! Just horrible

[Georgia16 2,858]

5 minutes ago, A1987WA said:

Yes you are perfectly right; the lawyer asked me for $5,000 for VAWA petition and he told me: USCIS does not want to see Good faith marriage waiver and I will be more likely to get denied without VAWA!

And honestly I am saying: I loved her for real and she was my everything; whatever she did was extreme cruelty to me just within 3 months of her quick changes. I know its not her; someone came in our relation and she just want me to leave without any chaos like going to her parents or even see our common friends. I am missing some evidences like: More pictures, Joint Health Insurance, Joint credit card and 401K/Life insurance. We never had those and for pictures she does not want to help me. She said: she could not find the pictures on her laptop and another time she said she already deleted the pictures. I have like 15-20 pictures only 

I will file by myself and I am ready to fight to any level for my valid and authentic marriage. But my wife just told me couple of days ago: You can not do by yourself if I complain! She wants me to stay scared and keep begging her that I already stopped like a month ago. She did not like that honestly!! Just horrible

People ROC with divorce waivers all the time.

 

You have enough pictures.

Heart insurance well yes that is a good evidence but not all people have that joint.

Again not all people have joint CC and since you have a joint bank account you print out the statements from that and add that in the package you can if you want explain why you don't have joint CC.

Not all people have a 401K.

[A1987WA 11]

Just now, Georgia16 said:

People ROC with divorce waivers all the time.

 

You have enough pictures.

Heart insurance well yes that is a good evidence but not all people have that joint.

Again not all people have joint CC and since you have a joint bank account you print out the statements from that and add that in the package you can if you want explain why you don't have joint CC.

Not all people have a 401K.

You sound like knowledgeable in this type case. I have a question: Is there any problem/risk if I file by myself without a lawyer? My understanding is: All documents will be same and Visajourney helped me to get more info about a good waiver filing. And most importantly: In my heart and feelings- It was my honest and real marriage with all my efforts to keep both happy but unfortunately going to be ended soon. If I say all and everything true will USCIS realize my all good intentions about my relation? Because I-751 says one very important line: YOU MAY FILE BASED ON FOLLOWING WAIVER  That little word MAY is like- Its on USCIS as well to approve or not, Not only on my given evidences. 

[Waittrain 17]

I am exactly in the same boat.

 

My attorney suggested to apply for abuse waiver. In case it gets rejected, you can re file for Divorce waiver.

 

You should know the best thing to do (Only abuse if you know you were abused or Divorce, should be ok to get approved with your proofs).

 

Think about whole relationship and if you think you don't see anything wrong form your end, proceed with Abuse waiver. But, please consult an attorney.

 

Although most of the attorney's just compile all the documents you provide and will mail it to USCIS, (They will look into it seriously once you get RFE and can charge more - That might be the intention I think ) At least mine did the same, I did complete work and gave a perfect file, his assistant verified and he signed and sent to USCIS.

 

 

 

[Waittrain 17]

6 hours ago, A1987WA said:

Hi there I have one profile only; I just changed the name. A lawyer told me not to submit divorce waiver; rather to go for VaWa for highest chance of approval. I dont want that because i dont want to place her abusing me and putting her in fault line. I do love her honestly; its her reckless choice of leaving relation. But is it likely for vawa for get approved easily? And any comments on my evidences?

I don't think that is correct. Abuse waiver is hard to prove.

 

Moreover as the other member mentioned, Attorney might be pushing you to file Vawa, so he can make more money.

Not all do like that, atleast mine did, but I was in panic mode and paid. If its a divorce waiver, you can DIY.

 

You are the best person to decide to got for abuse waiver or not. Even you file, that should not affect your wife in any way. (People can correct me if I am wrong)

[A1987WA 11]

6 hours ago, A1987WA said:

Hello, Good morning everyone. Here is my case summary: 

Came USA F1: 01/2015; Married: 10/2015; CPR: 09/2016; Living separate: 05/2017; CPR expires: 09/2018; Now She is proceeding for divorce

Finally after all the hurdles I am assuming I have no other way without proceeding to divorce. I tried each and everything; but she does not want to continue because of unknown issue (that she does not want me to know). So here is my position: She is filing for divorce, My CPR will expire on 09/2018, I need to stay till 2021 to complete my education, I wish to continue my life here since in last three years i set up my life here. More or less I have the following evidences. Please advice me if I am missing something or any advice:

> I will add a cover letter detailing the relationship from beginning till end- Where, when and how

> Marriage certificate, Our driving license (same address), birth certificate, our passports

> Divorce paper (after the divorce gets completed)

> Joint apt. lease from 10/2015 to till date

> Joint light bill, Joint water bill

> Internet and cable line under HER name in same address

> T-mobile plan under MY name including me, her and her two brothers

> Joint auto insurance

> Jointly purchased 3 vehicles&auto loans and 1 more vehicle (cash paid before marriage) where she was included in Title after marriage

> 2 Joint Checking accounts

> 2 years Joint Tax return

> Walmart and Sam's Club Spouse Card as her spouse (She is an employee of Walmart now)

> Some letters from human services, Govt organizations, insurance, banks, schools under our both name in same address

> 2 marriage counselors papers (Counseling as attempt to save relation)

> HER Amazon card and Prime Orders showing different purchases from the beginning of relation by me, her, her brothers in different addresses

> Police report of her abandonment

> JOINT Police report  of family violence where she convicted me taking her phone and I convicted her for physical abuse (I have affidavit of neighbors who witnessed)

> One hotel vouchers during our trip to another city

> 15-20 Pictures from beginning of relation of us, some with family and some with friends in different occasions

> My all emails and correspondence during living separate

> Her verbal conversation records where she admitted beating me

> Our text messages, chat and call history of last one year.

> One affidavit from HER, One from Land lord, One from neighbor, One from common friend, One from our ex roommate (No Affidavit from her family because she does not want me to see them even as she ill-intendedly placed me as an awful person in front of them)

> Proofs of her some recent suspicious communication with her ex-bf and one other guy

> Proof of her threats to me if I try to meet her family

> My psychologist's prescription for depression, anxiety and insomnia during her living separate and my attempts to get her back

 

As per other threads on evidences; I am missing the followings/Red Flags:

> We never had 401K or Life insurance or Joint savings account

> We never had health insurance continuously since she was having medicare through Govt

> I don't have hundreds of pictures since she had all of them and she is saying she deleted them! Even I have that text records where I was asking for pictures and she was ignoring my requests

> I was arrested for 7 hours for a Class C misdemeanor with my friend (he stole a head phone and put that in my bag even without my notice at Walmart!!) Before Conditional Green Card Approval; Later on it was dismissed because I was not at fault and I proved that.

 

Based on above statements; any advice for :

> Any additional evidences needed? Or Am I missing something?

> Should I go for Good Faith Marriage Waiver or Abuse Waiver or Extreme Hardship Waiver(Considering my Financial ties, Educational issues and Existing loans at USA) ?

> Should I try to get an affidavit any how from her family even though she does not want me to meet them?

 

Any helpful advice welcome.

I have a bad update. I just received her divorce notice. I am shocked, cried a lot and just feeling helpless. The brutal part is: She is asking my neighbor to help her with a fake writing that I was abusive. She wants to complain immigration and she mentioned the neighbor: I WANT TO STOP HIS LEGAL PAPER. For God promise I was never abusive or hostile. I just asked her to do whatever she wants in an acceptable and peaceful manner. Can she complain or mess up with my immigration status (conditional residency)?

I have a bad update. I just received her divorce notice. I am shocked, cried a lot and just feeling helpless. The brutal part is: She is asking my neighbor to help her with a fake writing that I was abusive. She wants to complain immigration and she mentioned the neighbor: I WANT TO STOP HIS LEGAL PAPER. For God promise I was never abusive or hostile. I just asked her to do whatever she wants in an acceptable and peaceful manner. Can she complain or mess up with my immigration status (conditional residency)?

[Waittrain 17]

1 minute ago, A1987WA said:

I have a bad update. I just received her divorce notice. I am shocked, cried a lot and just feeling helpless. The brutal part is: She is asking my neighbor to help her with a fake writing that I was abusive. She wants to complain immigration and she mentioned the neighbor: I WANT TO STOP HIS LEGAL PAPER. For God promise I was never abusive or hostile. I just asked her to do whatever she wants in an acceptable and peaceful manner. Can she complain or mess up with my immigration status (conditional residency)?

She can really do something, if she have any real documents showing your fraud/abusive deeds, If not she cannot.

[Penguin_ie 5,994]

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