Request for evidence/I797/Separation

[Ferdine 5]

Hello, I'm writing on this forum because i really need help. The last year i filled an application to remove the condition on my GC and received a I797.

However, in November I left my apartment and my SO because she was more and more abusive toward me: i got my own apartment and updated the address with the USCIS because I didn't have the choice.

Today i got a request for evidence ( the lease submitted has expired and doesn't establish the commingling of assets, financial responsibilities and co-habilitation during marriage) and I can't really prove that my marriage is not a fraud since we don't have the same lease anymore. When we were married, we had very little things in common because she never wanted to share her money. I can find old lease, health insurances, taxes and car insurances, but i thought i submitted these already...

Now I have until may to resolve this issue, should I divorce and reapply on my own? Should i send the evidences i have and continue? 

I'm lost, the last months have been awful and the only evidences of abuse I have are some pictures...

Each time I called the cops, i felt guilty and asked them to not take her away, because i care about her.

I really need help, I'm very vulnerable and want to make the best decision possible in order to protect my GC and my job. Please help me.

 

Ps: I can't afford a lawyer in my current situation...

Edited February 25, 2019 by Ferdine

[Ferdine 5]

I know the situation is complicated, can someone tell me how to stop the 751 if i fill an application to divorce and how to restart one with a waiver?

[David & Diana R 1,005]

4 hours ago, Ferdine said:

Hello, I'm writing on this forum because i really need help. The last year i filled an application to remove the condition on my GC and received a I797.

However, in November I left my apartment and my SO because she was more and more abusive toward me: i got my own apartment and updated the address with the USCIS because I didn't have the choice.

Today i got a request for evidence ( the lease submitted has expired and doesn't establish the commingling of assets, financial responsibilities and co-habilitation during marriage) and I can't really prove that my marriage is not a fraud since we don't have the same lease anymore. When we were married, we had very little things in common because she never wanted to share her money. I can find old lease, health insurances, taxes and car insurances, but i thought i submitted these already...

Now I have until may to resolve this issue, should I divorce and reapply on my own? Should i send the evidences i have and continue? 

I'm lost, the last months have been awful and the only evidences of abuse I have are some pictures...

Each time I called the cops, i felt guilty and asked them to not take her away, because i care about her.

I really need help, I'm very vulnerable and want to make the best decision possible in order to protect my GC and my job. Please help me.

 

Ps: I can't afford a lawyer in my current situation...

Something is not adding up here.  VAWA requires the Police to arrest either the husband or spouse when a domestic assault occurs so your assertion that you called the Police and then felt sorry for your spouse ans told the Police to not arrest her does not add up.  Were Police reports made?  Did the Police ever actually show up at your residence?

[Ferdine 5]

They don't arrest people all the time, it's what they should do, but sometimes they don't, especially if the husband and the wife try to mitigate the consequences. The showed up and talked to us, each time.

Anyway, I don't want advises about the violence which occurred during my marriage, but help to move forward. As I said I have simple pictures, nothing else.

Currently I can't provide anything else to the USCIS than IRS Transcripts with our SSN; some insurances cards ( car and Health) and one payment I got after an accident with our names. I have plane tickets and pictures for the last eight years but nothing establishing strong financial assets or responsibilities.

I just need to know if I should answer the RFE or cancel the I751 (Is it even possible?) and reapply, what do you think?

[H-M 169]

8 hours ago, Ferdine said:

Hello, I'm writing on this forum because i really need help. The last year i filled an application to remove the condition on my GC and received a I797.

However, in November I left my apartment and my SO because she was more and more abusive toward me: i got my own apartment and updated the address with the USCIS because I didn't have the choice.

Today i got a request for evidence ( the lease submitted has expired and doesn't establish the commingling of assets, financial responsibilities and co-habilitation during marriage) and I can't really prove that my marriage is not a fraud since we don't have the same lease anymore. When we were married, we had very little things in common because she never wanted to share her money. I can find old lease, health insurances, taxes and car insurances, but i thought i submitted these already...

Now I have until may to resolve this issue, should I divorce and reapply on my own? Should i send the evidences i have and continue? 

I'm lost, the last months have been awful and the only evidences of abuse I have are some pictures...

Each time I called the cops, i felt guilty and asked them to not take her away, because i care about her.

I really need help, I'm very vulnerable and want to make the best decision possible in order to protect my GC and my job. Please help me.

 

Ps: I can't afford a lawyer in my current situation...

Sorry about your situation.

 

If you are currently separated and going through divorce, you can request USCIS to amend your petition to Divorce Waiver. In this option you do not have to file I-751 again.  USCIS will issue another RFE for your final divorce decree with an 87 day response period. 

Here is more information on this:

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

 

 

Also, here is the USCIS policy memorandum on this topic:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_ Prior_Termination_3apr09.pdf

 

You must respond to the current RFE you have received before the deadline. Maybe you can include the request to amend the petition to divorce waiver with the RFE, I am not sure about this. Maybe someone with more experience with this can chime in?

 

You also have the option to file a second (new) I-751 as a divorce waiver (& also pay the fees again) and withdraw your first I-751 petition.This thread has more information on this option:

 

 

Good luck!!

Edited February 26, 2019 by H-M

[Ferdine 5]

Currently I'm  short with money and that's why i didn't start the divorce process. Also I was afraid to not get my GC and wanted to give it a shot. Now, I have a RFE and because we didn't have joint bank accounts or stuff like that, I can only provide IRS transcripts, some insurances cards and pictures, in order to demonstrate that our marriage was legitimate. It hurts because it was an unusual relationship in many regards, but was real and I have almost ten years of emails and pictures, flight tickets to prove it. I'll prepare a package containing all the evidences i can gather, a cover letter and ask for a waiver.

Do you know where i could find resources explaining how to get a waiver please?

[carmel34 3,533]

15 minutes ago, Ferdine said:

Do you know where i could find resources explaining how to get a waiver please?

USCIS website has all the resources you need.

[MohU3 57]

16 hours ago, Ferdine said:

I know the situation is complicated, can someone tell me how to stop the 751 if i fill an application to divorce and how to restart one with a waiver?

It's not that complicated. I would respond to the RFE which is a must. Get your old lease and whatever evidence you have. You only can submit what you have. I would also send them a letter explaining what happened and that you guys now are separated and going to file a divorce soon. File a divorce and whenever the divorce is finalized submit a copy to the USCIS. Don't waste time and money on filling a new petition. Just amend this petition and switch to waiver and you'll be good.

[Ferdine 5]

I got some documents today including "police records" they had. I can't create evidences but gather what i can. I plan to make a package containing evidences from our relationship, pictures, tickets, etc... and apply for a divorce and obviously explain everything in a cover letter. I'll do my best.

[bigjailerman 318]

Will your future ex speak the truth about your relationship? Will he/she provide a letter etc? 

 

Depending on where you live, filling a divorce yourself might not be as difficult or expensive as you think. Look out for you... 

Edited February 27, 2019 by bigjailerman

[Ferdine 5]

You are right, but i was more worried about the USCIS, because my GC is very important. I wish my wife could help me, but she refuses to talk, so I'm on my own.