I-751 INTERVIEW

[delawasty 0]

hello everyone, i went for my I-751 interview with my wife and she withdraw her petition and made a statement that the marriage wasn't stable. This happened because we have been  there has been an abuse going on in the marriage so i have to leave and stay in another state. Instead of getting a divorce she promised to help me get the ROC after that we can get a divorce so we both stayed married and filed everything jointly. I took one of my finger prints in the states that i am because i was told i can take the finger print at any uscis center, when we went to the interview they ask us if we have lived separately we both said no but when she was ask to explain why i got my finger print in another state she couldn't give any explanation but to withdraw her statement. My question is can i file for "VAWA" for an abuse while i wait for uscis letter because we haven't received any letter from uscis yet . Has any one been through this and what can they say in the letter. I need help

Edited February 26, 2018 by delawasty

[Ben&Zian 4,398]

Do you have proof of the 'abuse'? Police reports or anything?

 

Was it actual physical abuse or just arguments/words that led to the separation.

 

Need some  more info. Everyone perceives 'abuse' differently. What someone may claim is abuse, to me may just be seen as a harsh argument of yelling... not abuse. So need some specific info before anyone can give you more specific answer.

[delawasty 0]

2 hours ago, Ben&Zian said:

Do you have proof of the 'abuse'? Police reports or anything?

 

Was it actual physical abuse or just arguments/words that led to the separation.

 

Need some  more info. Everyone perceives 'abuse' differently. What someone may claim is abuse, to me may just be seen as a harsh argument of yelling... not abuse. So need some specific info before anyone can give you more specific answer.

Its not physical abuse so there is not police report . Its  emotional abuse and i have text messages and calls on my phone from her parents telling her how abusive she has been to me.Sometimes the parents gets involved and we have been to counseling but she refuses to go again after 2 visits. Should i file for the VAWA now or wait

[Ben&Zian 4,398]

23 minutes ago, delawasty said:

Its not physical abuse so there is not police report . Its  emotional abuse and i have text messages and calls on my phone from her parents telling her how abusive she has been to me.Sometimes the parents gets involved and we have been to counseling but she refuses to go again after 2 visits. Should i file for the VAWA now or wait

 

I myself can't say, not my area, only asked because it is important for others who can with their inputs to know what type of 'abuse'.... texts, arguments, ect, in all honesty, to me aren't really abuse... You said you tried counseling but she backed out..honestly just sounds like marriage is over maybe... If you divorce perhaps can just file ROC on your own with even with divorce. 

[delawasty 0]

2 minutes ago, Ben&Zian said:

 

I myself can't say, not my area, only asked because it is important for others who can with their inputs to know what type of 'abuse'.... texts, arguments, ect, in all honesty, to me aren't really abuse... You said you tried counseling but she backed out..honestly just sounds like marriage is over maybe... If you divorce perhaps can just file ROC on your own with even with divorce. 

I got you but do you mean refile the ROC again without her whiles we have had an interview for the one we filed jointly. Can that be possible

[mindthegap 2,590]

28 minutes ago, delawasty said:

 do you mean refile the ROC again without her whiles we have had an interview for the one we filed jointly.

Well, if she withdrew herself from the joint petition you will have little choice, as they will be sending you a scary letter of denial...

 

Broadly, your options at that point will be to refile by yourself with a divorce waiver (and for this you MUST divorced for it to be approved), or to refile by yourself with an abuse waiver, or to take your chances in court with an immigration judge and risk a final order of removal (ie, you are no longer a permanent resident).

If a USC spouse has withdrawn themselves from a joint petition, that that joint petition will never be approved, so start thinking about what you are going to do next.

 

28 minutes ago, delawasty said:

 Can that be possible

Yes. There is no limit to the amount of I-751 petitions that can be filed, and they can be filed at any time before a final order of removal is issued by an immigration judge.

Edited February 26, 2018 by mindthegap

[implife 318]

Hire a lawyer.

[jyaku 138]

As a male, I don't think you're eligible for VAWA at all since she's the female.

[mindthegap 2,590]

14 minutes ago, jyaku said:

As a male, I don't think you're eligible for VAWA at all since she's the female.

Not true. 

 

[delawasty 0]

8 hours ago, mindthegap said:

Well, if she withdrew herself from the joint petition you will have little choice, as they will be sending you a scary letter of denial...

 

Broadly, your options at that point will be to refile by yourself with a divorce waiver (and for this you MUST divorced for it to be approved), or to refile by yourself with an abuse waiver, or to take your chances in court with an immigration judge and risk a final order of removal (ie, you are no longer a permanent resident).

If a USC spouse has withdrawn themselves from a joint petition, that that joint petition will never be approved, so start thinking about what you are going to do next.

 

Yes. There is no limit to the amount of I-751 petitions that can be filed, and they can be filed at any time before a final order of removal is issued by an immigration judge.

Thanks everyone for your advises

[wanderer84 31]

9 minutes ago, delawasty said:

Thanks everyone for your advises

Please keep us all updated on your progress. God bless. 

[delawasty 0]

23 minutes ago, wanderer84 said:

Please keep us all updated on your progress. God bless. 

I will thanks . keep praying for me. I call one attorney today and i will meet her and she will tell me the way forward . i will surely give an update

[geowrian 22,337]

For reference, VAWA does not apply to ROC. You already have a green card. You can complete ROC without the petitioning spouse via a single filer waiver - either due to abuse or divorce (or both!). You show evidence of each option selection before they will approve ROC (e.g. a divorce decree for the divorce option, or police reports / psych evaluation / whatever else for the abuse option). You must show sufficient evidence of entering the marriage in good faith in all cases.

[delawasty 0]

12 hours ago, geowrian said:

For reference, VAWA does not apply to ROC. You already have a green card. You can complete ROC without the petitioning spouse via a single filer waiver - either due to abuse or divorce (or both!). You show evidence of each option selection before they will approve ROC (e.g. a divorce decree for the divorce option, or police reports / psych evaluation / whatever else for the abuse option). You must show sufficient evidence of entering the marriage in good faith in all cases.

That means i can refile the ROC again without her whiles we have had an interview for the previous one we filed?... The dad was the one who blessed our marriage and the parents are ready to write a letter of support that i entered in the marriage in good faith . do you think that will help and my wife wanted to write a letter too  to prove that i married her in good faith but just that it didnt work out.

[mindthegap 2,590]

10 minutes ago, delawasty said:

That means i can refile the ROC again without her whiles we have had an interview for the previous one we filed?... The dad was the one who blessed our marriage and the parents are ready to write a letter of support that i entered in the marriage in good faith . do you think that will help and my wife wanted to write a letter too  to prove that i married her in good faith but just that it didnt work out.

It doesn't matter if you have evidence of bona-fide-ness to the required standard if it is a joint petition and the USC withdraws themselves from it (as you appear to be saying she did) - it will be denied if you haven't switched to a solo (divorce/abuse) waiver. A joint petition cannot be approved if they have withdrawn themselves from it.

 

If it is denied a motion to reopen would really be a waste of time & money, so you will have to refile - with a waiver this time. A letter would help at this point yes.

 

 

What exactly did your wife say/do, and what exactly were you told by the interviewing officer?