URGENT. I-751 with waivers,and a vindictive letter from my ex against me

[Boiler 43,359]

Just now, LizM said:

If the consequence of violating a protection order is jail time, I really hope it's not that easy to get. You'd have to show credible evidence of abuse or stalking to get one, surely?

Well that is what I have been told by people going through messy divorces. And from what I have seen on here seems to back it up.

 

Admittedly I only know what happens in CO and the bar seems pretty low.

[Ash.1101 1,755]

55 minutes ago, Boiler said:

Well that is what I have been told by people going through messy divorces. And from what I have seen on here seems to back it up.

 

Admittedly I only know what happens in CO and the bar seems pretty low.

I would say tho that while a protection order may be easy to get, I think the fact he did some jail time for violating the order could help in the OPs favor when showing that he may be a crazy ex.

[Boiler 43,359]

Jail may help.

[Cyberfx1024 7,978]

1 hour ago, Boiler said:

Well that is what I have been told by people going through messy divorces. And from what I have seen on here seems to back it up.

 

Admittedly I only know what happens in CO and the bar seems pretty low.

It is par for the course during a messy divorce and a messy custody battle as well. 

 

It depends on how long the jail time was and how did he violate the order. I have seen people violate a order by sending a text to that person. 

[geowrian 22,335]

3 hours ago, xillini said:

I would recommend to have a good lawyer on I 751, but on the mean time, dont trap on VAWA waiver case unless you have multiple evidences that you are physically and mentally abused by your EX (such as police reports and medical reports, if any), which will charge you a lot of money with attorney fees and USCIS will review this more closer look, which takes much longer scrutiny and waiting time. 

As a technical note, VAWA doesn't apply here at all. VAWA would be for AOS, not ROC. There is an abuse waiver option for ROC, but it's different than VAWA.

 

3 hours ago, LizM said:

If the consequence of violating a protection order is jail time, I really hope it's not that easy to get. You'd have to show credible evidence of abuse or stalking to get one, surely?

My wife and I watch Live PD pretty often. There's a few cases where a protection order was issued against the clear victim...the LEOs acknowledged that it's pretty much "whoever gets to the court first" gets one.

Actually getting a conviction (not just arrest) for violation of the order would mean that a judge upheld the the order, which at least adds some credibility that it was requested in good faith.

Edited March 16, 2019 by geowrian

[happydoctor 24]

8 hours ago, EM_Vandaveer said:

This happens all the time. Unless he has concrete evidence, USCIS will most likely see through this. Vindictive exes send in fake letters accusing their immigrant ex of fraud ALL THE TIME, USCIS is used to it.

BTW, no need for the abuse waiver, even if you were abused.

Divorce waiver: you have to prove bona fide marriage (while it lasted) plus divorce.

Abuse waiver with divorce waiver: you have to prove bona fide marriage (while it lasted) plus divorce PLUS abuse. No legal sense in putting the burden on yourself of proving an extra thing (even if it happened).

The lawyer from domestic violence office told me that these two waivers are fine for my case . I’m not sure what is the best way to do , especially, I already sent my I-751, but they returned it, because they said I need to send it in 90 days period before my GC expire... very weird. But the point is, they already saw my package of documents.

[happydoctor 24]

10 hours ago, Boiler said:

A Protection Order is pretty easy to get and is part of the play book so I seriously doubt that would be convincing.

 

7 hours ago, geowrian said:

As a technical note, VAWA doesn't apply here at all. VAWA would be for AOS, not ROC. There is an abuse waiver option for ROC, but it's different than VAWA.

 

My wife and I watch Live PD pretty often. There's a few cases where a protection order was issued against the clear victim...the LEOs acknowledged that it's pretty much "whoever gets to the court first" gets one.

Actually getting a conviction (not just arrest) for violation of the order would mean that a judge upheld the the order, which at least adds some credibility that it was requested in good faith.

That's what my ex thought ( it would easy to get an order ) when he told me that if I don't give him proof that I was at work, or will not give him passwords from all my  accounts, he will put OP against me . After that, I realized I need to listen workers from a DV shelter and get an OP against him and do not feel  bad about that.  It was easy for me, because I have a lot of evidence , and included many days and episode of abuse in my verified petition ( I had his text messages, videos I took when he did not know etc). However, I knew women who wasn't able to get even a temporary OP.

[portorusa 431]

It's a common practice for U.S. citizen abusers "feeling hurt" and sending vindictive letters to USCIS against their beneficiary spouses.

In practice their letters carry no weight unless there is a clear evidence present of misrepresentation/crimes (like bigamy for example) on behalf of the beneficiary.

In other words, your I-751 based on abuse is a separate issue from your husband's letters to USCIS. Let him write all he wants; the fact is he cannot do anything to impede your immigration status.

P.S. As to I-864 affidavit, you cannot "give it up" as it's not up to you, it's a contract between the USCIS and the petitioner. You have no say in this.