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Hana1220

Divorce before removal of condition - please help

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Hey folks,  I desperatly need advise on I-751 removal of green card condition if the couple get divorce within the first two years. 

I know that applying for I-751 petition can be done based on a few things: divorce before the 90 days starts, extreme cruelty and hardship.  Regarding the extreme cruelty, I heard that the immigration officer would ask for evidence of extreme cruelty from the immigrant and it does not have to be physical. It can be emotional, mental, physiological verbal abuse, humuilation, making treads of deporting the immigrant, etc.  As you know, in many cases, these verbal abuse happen in the privacy of the couple's home and not in front of other people. Therefore, there wouldn't be any witness available. Keeping that in mind,

A. what kind of evidence for extreme cruelty, the immigrant wife could actually show to the immigration officer when she files for the waiver of the greencard condition, alone? 

B. How could she collect evidence on verbal and emotional abuse? 

 

Besides that,  what if he (the US citizen sponsor ) cheats on his immigrant wife through chatting (text, call, video chat) constantly and sometimes even asking other women out in those chats and wouldn't even try to hide it. And when the immigrant wife complains, he humiliates her by saying that this is what it is and he has needs and that she should continue doing her duty as an appreciative wife and if she is not happy, she can return to her country. Even when she asks to see a therapist in order to be able to better cope with her life, he refuses to send her making excuses and perhaps being afraid that she talks about him with the therapist. Keeping in mind that all these conversations happen in the privacy of their home and when they are alone. Considering above, the questions are: 

1. Would that be considered extreme cruelty?

2. If yes, what kind of evidence would be acceptable to the immigration officer and she needs to show?

3. How could she actually collect evidence? 

4. Does she need to do this based on extreme  cruelty which could be hard to collect all the necessary evidence? OR could she make him agree to a joint no fault divorce while keeping quiet about all his cheating and the way he has been treating her, in front of the court and his family. In exchange, getting him to cooperate with her and filing jointly for no fault divorce and fully cooperate on gathering documents and proofs anyway he could to help her with removal of residency condition? 

Grateful for any thought on this. Thank you 🙁😢

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Honestly, it's much easier to switch the i-751 to a simple divorce waiver--- rather than an abuse waiver:

 

With a divorce waiver, the foreigner only has to provide evidence that it was a bonafide marriage (before the marriage broke down), and that the marriage was entered into with bonafide intent.  USCIS will not care why the couple divorced/you do not have to justify why you divorced.

 

With an abuse waiver, much more complicated in gathering/submitting evidence proving the abuse, and much more scrutinized by the IO.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

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July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

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Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

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Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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33 minutes ago, Hana1220 said:

 what if he (the US citizen sponsor ) cheats on his immigrant wife through chatting (text, call, video chat) constantly and sometimes even asking other women out in those chats and wouldn't even try to hide it. And when the immigrant wife complains, he humiliates her by saying that this is what it is and he has needs and that she should continue doing her duty as an appreciative wife and if she is not happy, she can return to her country. Even when she asks to see a therapist in order to be able to better cope with her life, he refuses to send her making excuses and perhaps being afraid that she talks about him with the therapist. Keeping in mind that all these conversations happen in the privacy of their home and when they are alone. Considering above, the questions are: 

1. Would that be considered extreme cruelty?

What you've described above is a bad marriage and infidelity, not abuse/extreme cruelty in the eyes of USCIS.  The husband sounds like a jerk---however, cheating on a spouse does not equal extreme cruelty.  Plus it sounds like she is already planning on divorcing him.

 

Again, switching to a divorce waiver rather than an abuse waiver makes much more sense in the case you've described above (especially since extreme cruelty would be much harder to prove in what you've described so far).

 

On an aside, the wife can seek out a therapist/counselling on her own rather than "asking" him if she can go to one/relying on him to "send her" to one...presumably she can find someone who takes whatever insurance she has...she doesn't need to go WITH him to counselling---if she feels she needs help, she can go to a therapist without him.  (since they are divorcing, chances are she would be attending therapy sessions on her own, going forward, anyhow)

 

Best of luck to her/you.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Thank you for your kind response. 

Does it matter to USCIS when to file for divorce as long as it's completed before the 90 days eligibility for filing for I-751 starts? I mean, can the process starts right after getting the conditional greencard? Or she has to wait for a couple of months at least? 

 

Does the divorce have to be "at fault" divorce showing his infidelity or it can be a "mutual consent" divorce? Would the nature of the divorce really make a difference in the eyes of USCIS? (In case he doesn't cooperate for a smooth divorce, she might see the need to tell him that for an exchange for a quiet mutual consent divorce, she would keep quiet about his infidelity to the court and to his families and friends; if in fact this could save her some times, money and hassle and would not matter in the eyes of USCIS anyway. If in fact that seems to be the right approach,  even going to therapist by herself, she could only talk about their differences that has made their life unbearable and doesn't talk about his infidelity.  After all, she would need to submit a copy of the therapy report to the lawyer and perhaps a copy to USCIS.) Am I thinking in a right direction? 

Any thought/comment on this would be quite appreciated. 

 

Kind regards 

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4 minutes ago, Hana1220 said:

Does the divorce have to be "at fault" divorce showing his infidelity or it can be a "mutual consent" divorce?Would the nature of the divorce really make a difference in the eyes of USCIS?

USCIS doesn't care why the couple got divorced.  They only care that the marriage was entered into with bonafide intent.  The nature of the divorce may make a difference during divorce proceedings/alimony settlement.

 

7 minutes ago, Hana1220 said:

Does it matter to USCIS when to file for divorce as long as it's completed before the 90 days eligibility for filing for I-751 starts? I mean, can the process starts right after getting the conditional greencard? Or she has to wait for a couple of months at least? 

It does and it doesn't matter.  Can you file for divorce at any time?  Yes, however the i-751 cannot be approved until the final divorce decree is submitted to USCIS.

 

Can it cause added scrutiny to the i-751 if divorce is filed for almost immediately after receiving the 2-year GC?  Yes, as it can bring into question whether the marriage was entered into with bonafide intent, or entered into solely for immigration benefits.  


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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25 minutes ago, Going through said:

USCIS doesn't care why the couple got divorced.  They only care that the marriage was entered into with bonafide intent.  The nature of the divorce may make a difference during divorce proceedings/alimony settlement.

 

It does and it doesn't matter.  Can you file for divorce at any time?  Yes, however the i-751 cannot be approved until the final divorce decree is submitted to USCIS.

 

Can it cause added scrutiny to the i-751 if divorce is filed for almost immediately after receiving the 2-year GC?  Yes, as it can bring into question whether the marriage was entered into with bonafide intent, or entered into solely for immigration benefits.  

Thank you. 🙏 

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2 hours ago, Hana1220 said:

Does it matter to USCIS when to file for divorce as long as it's completed before the 90 days eligibility for filing for I-751 starts? I mean, can the process starts right after getting the conditional greencard? Or she has to wait for a couple of months at least? 

With a divorce waiver you can file at any time - you do not have to wait until the 90 day window.

 

2 hours ago, Hana1220 said:

Does the divorce have to be "at fault" divorce showing his infidelity or it can be a "mutual consent" divorce? Would the nature of the divorce really make a difference in the eyes of USCIS?

No.

"(2)     Good Faith, Not at Fault     .            

Despite the best intentions, marriages do not always work out, and sometimes even bona fide marriages fall apart in less than 2 years. IMFA was not meant to be a tool to be used against unlucky or unlikely marriages; it was meant to be a tool against fraud. Accordingly, IMFA provides for a waiver if the alien can establish that he or she entered the marriage in good faith and he or she was not at fault in failing to meet the IMFA requirements. Things to consider when adjudicating this type of waiver include :            
 
Weight is not given to who filed the divorce. (Initially, the statute required that the alien had to be the moving party in the proceedings to terminate the marriage (i.e., that the alien had terminated the marriage for “good cause”). This occasionally resulted in what became known as “the race to the courthouse.” Since the issue was meant to center on whether the alien had good faith when immigrating, not on whose attorney could file for divorce faster, this requirement was dropped.)        

It does not matter if the conditional resident’s spouse entered the marriage in good faith, only the intent of the conditional resident him or herself is relevant. Interviewing the conditional resident’s former spouse (either in response to a call-in letter, a field examination or a referral to Investigations) may provide relevant and valuable information on the alien’s intent, or it may only result in a spiteful diatribe. Adjudicators should always be aware of the source and motivation of information provi ded. Also, when interviewing a former spouse, always be extremely careful not to divulge any information (such as the alien’s current location) which could result in the alien being subjected to abuse or battering.  "

CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

 

I-751 #1- May2015 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'       Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 - Oct 2017 [Pending] 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

2018: Re-entered US multiple times with second I-751 extension letter & stamp. Quick trip to secondary required to verify, and stamped in as normal

  

N-400 Feb 2018 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February 2018: Biometrics completed (walk-in)

Mid - February  2019: N-400 Interview - unable to conduct, as pending I-751 was still in Vermont, despite case transfer notice having been received.

 

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Let's say the divorce is completed within the two years before the 90 days window. For filing for I-751 removal of condition on greencard alone, what are the supporting info/proof that the immigrant needs to provide USCIS? There really can't be more evidence (for proving the marriage was real to start with) collected than what were already provided and submitted at the greencard interview...specially, if the divorce process starts just a few months after recieving the conditional greencard. Any thoughts or sample of list of evidence in this specific situation would be much appreciated. 

Thank you 🙄😒

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56 minutes ago, Hana1220 said:

Let's say the divorce is completed within the two years before the 90 days window. For filing for I-751 removal of condition on greencard alone, what are the supporting info/proof that the immigrant needs to provide USCIS? There really can't be more evidence (for proving the marriage was real to start with) collected than what were already provided and submitted at the greencard interview...specially, if the divorce process starts just a few months after recieving the conditional greencard. Any thoughts or sample of list of evidence in this specific situation would be much appreciated. 

Thank you 🙄😒

Previous tax filings, joint utility bills (over the course of the marriage until it broke down), joint bank accounts (over the course of the marriage until it broke down), shared lease and shared health insurance, (over the course of the marriage until it broke down), birth certificate(s) of any children born from the marriage, etc.

 

Basically, you are providing the same sort of evidence as if filing a joint i-751 petition...along with the statement to USCIS that you are requesting a divorce waiver, and the final divorce decree when available.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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On 2/21/2019 at 11:38 AM, mindthegap said:

With a divorce waiver you can file at any time - you do not have to wait until the 90 day window.

 

No.

"(2)     Good Faith, Not at Fault     .            

Despite the best intentions, marriages do not always work out, and sometimes even bona fide marriages fall apart in less than 2 years. IMFA was not meant to be a tool to be used against unlucky or unlikely marriages; it was meant to be a tool against fraud. Accordingly, IMFA provides for a waiver if the alien can establish that he or she entered the marriage in good faith and he or she was not at fault in failing to meet the IMFA requirements. Things to consider when adjudicating this type of waiver include :            
 
Weight is not given to who filed the divorce. (Initially, the statute required that the alien had to be the moving party in the proceedings to terminate the marriage (i.e., that the alien had terminated the marriage for “good cause”). This occasionally resulted in what became known as “the race to the courthouse.” Since the issue was meant to center on whether the alien had good faith when immigrating, not on whose attorney could file for divorce faster, this requirement was dropped.)        

It does not matter if the conditional resident’s spouse entered the marriage in good faith, only the intent of the conditional resident him or herself is relevant. Interviewing the conditional resident’s former spouse (either in response to a call-in letter, a field examination or a referral to Investigations) may provide relevant and valuable information on the alien’s intent, or it may only result in a spiteful diatribe. Adjudicators should always be aware of the source and motivation of information provi ded. Also, when interviewing a former spouse, always be extremely careful not to divulge any information (such as the alien’s current location) which could result in the alien being subjected to abuse or battering.  "
Hi, To make sure that I am clear about the USCIS's conditions and requirements on divorce and applying for removal of conditional green card before the 90 day window,  before I start the divorce process, I would be grateful for your help with answering to the following questions: 
 
1. How soon after receiving conditional greencard, can I file for divorce?  Do I actually have to wait a couple of months before filing for divorce so that the USCIS wouldn't think that the marriage was a fraud? Would USCIS care when I file for divorce? 
 
2. Besides all the supporting documents showing our living together as a real couple, would it help (would it be necessary) to get my husband accept to write an affidavit explaining that the marriage started in a good faith? What about asking his family/our friends to write such affidavit? Would it be crucial to have those affidavits collected and sent to USCIS along with my other documents when I apply for I-751 petition and divorce waiver? 
 
3. Would the nature of the divorce matter to USCIS if both agree on divorce as long as it was started with good faith? 
 
4. Do I have to wait until the divorce is "completed" and only then, I apply for I-751 solely and divorce waiver?  
 
5. Do we have to keep living together even after filing for divorce ( in order to maintain all our supporting documents/evidence of our real married life) until the day the divorce is completed and filing for I-751 petition and divorce waiver? (This question may actually sound silly but I really need to know the answer before starting the divorce process.) 
 
Thank you for your help and insights. 
God bless. 🙏🥀

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1) it doesnt matter.  Dont stay married for a green card. 

 

2) affidavits written by someone else carry little weight in terms of evidence.  If your soon to be ec husband writes one then good, if not, dont worry about it. 

 

3) not generally.  

 

4) there are three ways to file with a divorce waiver.  If you divorce and have the final divorce decree in your hands, you can file the I-751 at any time even if your conditional green card is not within the 90 day period before expiring.  If you are within the 90 day period you can file with a divorce waiver if a divorce has been started or is planned.  The USCIS will RFE for a final divorce decree.  Or you can switch from a joint petition to a divorce waiver during the process if the marriage was fine but things no longer work out during the I-751 process. 

 

5) no.  You dont even have to live together before starting a divorce.  


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Hi folks, do you know a divorce lawyer in Philadelphia who also knows and practices immigration law? Thank you 🙏

Also, anyone knows a lawyer for referral program with discounted legal rates at Delaware County Bar Association? Do I have to pick a lawyer within my county? Appreciate any thought on this. 

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