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VAWA or Divorce waiver?(merged)

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Posted (edited)

Has your lawyer given you any good advice, and can you share some advice you got / some advice you can give from your experience with applying for 10 year GC?

Edited by VJVJ

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Same really. 

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.


02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview





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~~Related question merged. Please do not start a new thread for related questions~~


Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS


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Posted (edited)

If you are trying to remove your conditions, you are either filing a Divorce Waiver or Extreme Cruelty Waiver.  VAWA petition will be denied if you already have your conditional green card.




Edited by Pinkrlion

Phase I - IV - Completed the Immigration Journey 



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6 minutes ago, Pinkrlion said:

Divorce Waiver or Extreme Cruelty Waiver

Thanks, I already have the 2year GC. Which one should I do: Divorce Waiver or Extreme Cruelty Waiver?

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1 hour ago, VJVJ said:

Thanks, I already have the 2year GC. Which one should I do: Divorce Waiver or Extreme Cruelty Waiver?

No one can or should tell you what to file under!! Be wary of those that do.


You can file under ANY waiver category you qualify for. Remember you can choose more then one but EVERY thing you check you must PROVE. Many people who can file under divorce or abuse choose to simply file under divorce because for divorce waiver you need to prove bonafide marriage plus divorce. For abuse waiver you need to prove bonafide marriage plus abuse. For divorce +abuse waiver you need to prove bonafide marriage, divorce and abuse.


If you have little evidence of the bonafides DUE to the abuse it is better to file under abuse because USCIS will take into account the abuse prevented typical bonafide evidences from being presented. If you have a solid bonafide marriage evidence packet then this isnt an issue to consider. Also if you file under abuse you are able to naturalize at 3yr mark. This is helpful to many victims of abuse who are struggling to get on their feet again.


Also if you file under abuse but do not send enough evidence to qualify they will send you a multi page RFE explaining what is needed to satsify the high requirement. Sometimes people at that point realize they dont have that kind of proof or they misunderstood or didnt realize what USCIS considers 'abuse' and they dont qualify. They usually then ask USCIS to change it from abuse waiver to divorce. Usually USCIS will change it but they dont have to and you would then have to pay and send in a new form for divorce only.


Who told you that you qualify under abuse? An attny? Several attnys? Do you have police reports, restraining orders, medical reports etc? If you do then most likely you can qualify under abuse waiver. Again some people choose to do divorce only since its less evidence required but if you qualify under abuse and would like to naturalize in 3yrs then you should file under abuse. Its your choice. 

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