I-751 waiver application after divorce and abuse

[donnagdy 0]

Hello everyone,

Thank you for reading my story, I am in a very dangerous place right now of my green card status, and I truly wish someone can give me some kind of guidance, so here is a brief  timeline of my case, 
A little information about me, I am 26 and originally come from China, I met my ex-husband in China and came to the states together, he is 28 and originally from New Jersey, he is a smart guy and sometimes might be too "smart"=manipulative. He started physically hurt me about 10 months later we know each other, and we were getting ready to get married, I know that I should have left the relationship long time ago, but every time I change my mind when I see him put his knees on the ground and begging me to forgive him and said he will never do it again, and of course he did it again and again.

04/20/2013 we met each other by a chatting app in China
12/08/2013 He proposed to me
05/30/2014 Got married
08/16/2014 Arrived in the US
09/12/2014 I moved out after three continued fights and physical abuse again
09/28/2015 Divorce finalized
12/2015 Filed for waiver of my green card condition based on divorce and abuse
10/04/2017 Interview with USCIS at New Jersey

Here is what happened during the interview: Officer told me that if I want to interview with him in NJ, he will most likely deny my case, reasons are he thinks that I didn't try to fix the marriage, and I used my ex-husband, but truth is we had restraining orders against each other, and I tried to talk to his lawyer to see if he wanted to reconcile, my ex rejected again and again and stated that he was only interested in divorce, that leaved me no choice but divorce him. Second option the officer told me was that to have my file transferred to California since I moved to California couple months ago from New Jersey, and let another officer decide my case.
Because what happened in the interview, I am extremely worried that if my case can be still denied in CA office. I am trying to get more proof that I did not use my ex as a play doll, and  I have the right to stay... ... More personally, I am in a committed relationship right now, and it would be enormously painful to even think about be separate from him and all of other people that I love here. I know my options are limited and I'm still waiting for interview notice from CA office, but will somebody can give a few advice to help?

Thank you thank you so so so much! Whatever help can literally change my life.
God bless all. 

Signed fighting for my right


 

Edited October 7, 2017 by Penguin_ie
personal email removed

[f f 725]

so you knew you were in an abusive relationship and still moved to the us then less than a month after getting here you seperate and then finalize the divorce a few weeks later? I honestly can not see this coming out favorably for you.

 

I would recommend you marry your boyfriend if you are ready and have him file an i130 for you so if wrist case happens you will just have to go back to China for the interview.

[donnagdy 0]

Hi there,

Thank you for your reply,  I was thinking that could be an option...  but truth is my ex did stated before we went to US, but after he begged for forgiveness, things would always be fine for a while. After we arrived the US, and all the fights we had, we were thinking to search marriage counsel as well, but we had restraining orders against each other, and later on he told his lawyer that he is only interested in divorce... ... It was't the result I prefer... ...

[f f 725]

it is the quick succession that it happened in that is going to be your problem.

[Penguin_ie 5,994]

Mod note:  Personal email address removed.  For your own safety and privacy, never post identifying info such as email or postal addresses, full names, phone or case numbers online.
 

Also, topic moved to Effects of Major Changes forum for more answers.

[Peace of mind 1]

Hello , 

 

is there anyone that can write a statement from his side , his mom , sister, brother , neighbors, any reporterd police records. My waiver just got approved last week. Let me see how I can help you . I had no joint assests , ex husband credit was bad - we lived with my mom all bills were in her name she did a. affidavit of residence letter .  some banks would not even allow him to open a bank account credit score was too low ! The savings we opened to help him build credit, he cleared it the first month ! I was the only one working  . When I first met this man he was church going , but he had an anger problem which he tried to hide !!! It came out fully 6 months into marriage. Let me see what you have that I can work with ! Some ppl come on here to just judge and not really help ' this is not what this site is about ! 

[donnagdy 0]

Hello Peace of mind,

Thank you so much for your reply! So I contacted my ex, he is willing to help and state to an immigration officer that we did entered our marriage in good faith even though it ended quickly in a very painful way. But he is not wiling to send the letter to me, he told me to give USCIS his email address to contact.... I don't think USCIS would do that... ....about his family, I'm not sure, I don't see any reason why they would want to help me... .... I am super worried now, cuz I am in a relationship with my boyfriend, and I have a life here, I can't just leave. Also my ex and I didn't have any joint property, cuz he was a full time student, no income... ... I'm lost... please help...

[Ontarkie 14,254]

The officer is right. you cannot have him approve you in NJ when you live in California. You are under the Jurisdiction of California. Did he tell you to refile or just to ask to transfer your case?

 

Filling with abuse waiver on top of divorce waiver is harder and you need to prove the abuse and prove the marriage was in good faith.

You don't say what you have for evidence of abuse but if you do have good proof then continue on that path. If you don't get all the proof of good faith marriage  and just use the divorce waiver. 

 

BTW you cannot use your new boyfriend now. You must do ROC based on your first marriage. 

Edited October 9, 2017 by Ontarkie

[donnagdy 0]

Hi, 

Thank you for your reply. So basically just keep it simple, file for waiver based on divorce only? Cuz it's true that I don't have much evidence of abuse... my ex is an extremely smart and manipulative guy, he never said sorry or anything shows that he hurt me whenever there is a third person present. I am thinking to contact him to see if he is willing to write a statement to state that we did entered marriage in good faith ... what do you think? Thanks.

[Ontarkie 14,254]

Yes keep it simple. If you don't have good proof of abuse just go with the divorce waiver.

 

If he is willing to send you a letter then it may help. If he only wants to send it directly to USCIS then I would not trust that he doesn't try to sabotage you in some way. If he is anything like my ex he will keep trying to mess with you every chance he gets.  I would not trust him to send anything to them. 

 

Dig up everything and anything you can think of for good faith marriage. If you take a look at the ROC forum you can see what some others are sending. Heck we send everything but the kitchen sink. 

[donnagdy 0]

Make sense, thank you.
The immigration officer asked me: After divorce, why don't you go back? I didn't give him a straight answer, he was very aggressive, but my thought is I have a right to stay, why do I have to give up my right? I think they might ask it again, what's your thoughts about this?

[Villanelle 4,122]

You have to tell the truth. They are allowed to ask that question. How did you answer it previously? Whatever you said the Officer obviously didnt like since they were going to deny you.

 

Did you mention you have a boyfriend in the US you dont want to leave? That couldve contributed to the decision. 

 

As stated look through the ROC forum. You can file on abuse+divorce or either one alone. Sometimes if the person was abused they dont have much proof and they understand that.But you have to have proof of the abuse.

 

It seems like you are going to have a second chance in CA> I wish you luck. If you are denied you will have to go to immigration court where a lawyer will be needed.

[donnagdy 0]

The first time, I answered that just because I'm divorced, doesn't mean I have to give up my right and leave. Truth is I have established a life here, I can't leave my boyfriend, job and car etc...  I have responsibilities here, clearly that won't be strong enough reasons... ...
I e-mailed my ex and his Dad to ask if they can write a simple paragraph for me to state the marriage was true, they never responded... ... At this point, I feel like there is nothing much I can do except hoping officers in CA can have a little mercy for me... ... : (