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Posted (edited)

Hi,

 

This is my first time posting, I've been married for 2 years and I'm at 10 months from filing for removal, today my wife attacked me and scratched my neck, she has been yelling that she hates me, and that I ruined her life by met her almost everyday for the last year, she does not work, I'm the only one working and paying for everything, I do 100k a year and I do not need her, I have not called the police yet because she haven't attacked me before, but today she did.

 

What will be the process to remove conditions in my case, should I call police right now that I'm scratched? file a restraining order and then the divorce? will this be enough to remove conditions via Extreme cruelty?

 

thank you all in advance.

Edited by Brian Orte

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What is wrong with the Divorce Waiver?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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37 minutes ago, Brian Orte said:

Thank you for your response, I don't know how does the divorce waiver works.

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

 

Assuming you entered into the marriage in good faith and can demonstrate that you lived in marital union with your spouse, but the marriage ended in divorce through no fault of yours, you can file for removal of conditions with a divorce waiver.   


 

 

 

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The abuse waiver means you have to show that you entered into the marriage in good faith AND abuse.

The divorce waiver means you have to show you entered into the marriage in good faith AND are divorced.

Generally it's easier to do the divorce waiver. If you are unable to obtain traditional evidence of a bona fide marriage, the the abuse option makes more sense as the officers that handle those cases are also more familiar with those types of circumstances.


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Spoiler

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I-129F

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Posted (edited)

As far as I understand, extreme cruelty need to be evidenced by documents from the police department and the hospital.

 

In your case, I think divorce waiver would be easier, if your wife is not life-threatening.

 

Quote

I do 100k a year and I do not need her

This sounds so apathetic to me. You probably couldn't even stay in the US without the GC your wife sponsored you. It might be better to be grateful?

Edited by cute_pretzel

ROC Timeline

01/02/2019: I-751 delivered

01/08/2019: check cashed

03/02/2019: NOA1 received (LIN)

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2 hours ago, cute_pretzel said:

As far as I understand, extreme cruelty need to be evidenced by documents from the police department and the hospital.

 

In your case, I think divorce waiver would be easier, if your wife is not life-threatening.

 

This sounds so apathetic to me. You probably couldn't even stay in the US without the GC your wife sponsored you. It might be better to be grateful?

You are saying I need to tolerate abuse because she is a us citizen?

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28 minutes ago, Brian Orte said:

You are saying I need to tolerate abuse because she is a us citizen?

I think what @cute_pretzel was attempting to say is that without your wife you wouldn't have been given a green card in the first place....
 

Irrelevant at this point, however.    Plus, I don't believe in being "grateful" to someone who is abusive towards me, either.

 

Continuing your ROC with a divorce waiver would be much easier than continuing with an abuse waiver----much easier to prove a bonafide marriage than documented ongoing abuse.

 

 

 

 


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

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

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File for divorce if that's what you want, but make sure you make copies of all documentation that show a bona fide marriage, i.e., co-mingling of finances, joint bank accounts, tax returns filed as married (hopefully jointly), jointly-owned property, lease or mortgage under both names, etc.  Keep all this information in a safe place away from your spouse so you'll have it in ten months when you file ROC with a divorce waiver.  And if you feel threatened or abused move out and move on.

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