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fromthewater

I-751: Abuse Waiver, No Interview? More interviewed?

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Greetings!

 

Does anyone have the experience of being approved for abuse waiver without an interview?

Does abuse waiver have a higher chance of being requested for an interview?

 

I am asking because I originally submitted with only Divorce waiver, and I got an RFE. I talked to immigration professionals, and I have been advised to add in abuse waiver - because they believe I am qualified for that, and that I should write a personal statement.

I don’t have police report or restraining order, so I don’t feel strongly about a abuse waiver.

 

Now, I am debating if adding in abuse waiver is necessary. It seems like I could be approved with divorce waiver after responding to the RFE.

So - 

Does abuse waiver EVER get approved WITHOUT an interview?

Does abuse waiver have more chances/ more cases of being interviewed?

 

What would you do if it was you?

 

Much appreciated!

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Filed: F-2A Visa Country: Iraq
Timeline
4 hours ago, fromthewater said:

Greetings!

 

Does anyone have the experience of being approved for abuse waiver without an interview?

Does abuse waiver have a higher chance of being requested for an interview?

 

I am asking because I originally submitted with only Divorce waiver, and I got an RFE. I talked to immigration professionals, and I have been advised to add in abuse waiver - because they believe I am qualified for that, and that I should write a personal statement.

I don’t have police report or restraining order, so I don’t feel strongly about a abuse waiver.

 

Now, I am debating if adding in abuse waiver is necessary. It seems like I could be approved with divorce waiver after responding to the RFE.

So - 

Does abuse waiver EVER get approved WITHOUT an interview?

Does abuse waiver have more chances/ more cases of being interviewed?

 

What would you do if it was you?

 

Much appreciated!

What did the RFE ask for? I believe the answer depends a little bit on that.

Generally if you can proof that you entered the marriage in good faith, there shouldn't be a problem getting approval with divorce waiver.

Abuse waiver just adds an additional burden of proof to you - with the divorce waiver, you need to proof that you entered the marriage in good faith. With the abuse waiver, you need to proof that you entered the marriage in good faith AND that you are the victim of extreme cruelty/abuse.

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Filed: Other Timeline

It's hard to say and actually I have not had much exposure to VAWA I-751s. If they do interview you they'll likely only focus on the things they can like the bona fides of the marriage. The abuse part itself is only handled by either the VAWA team at VSC or the secondary VAWA team at LIN and not by whichever office generally handles I-751s or your field office.

 

Also keep in mind that they can approve the I-751 in part and deny in part. So they can decide that you have proved that you entered marriage in good faith and divorced, but didn't convince them as to the VAWA waiver, and didn't convince them that your removal would cause you extreme hardship. In a case like this, that is still an approval for almost all intents and purposes, the only thing you miss out if they deny the VAWA part of the application is that you have to wait 5 years to naturalize as opposed to the 3 years that a VAWA waiver would let you do.

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