ROC - Abuse

[Karoline 0]

Hi Guys, this is my first time in the group. I have been married to an American citizen for about 3 years and I'm about to file for ROC.
My marriage has been so bad that I want to apply for the ROC - waiver.
My husband, since the covid has been drinking a lot, he is unemployed and I'm the only one working and paying the bills. 
I would like to know your opinion about whether I qualify for ROC under VAWA.
The evidence I have of the abuse are: Text messages, photos of the bruises, photos of the things that he broke in our house (TV, coffee maker, mirror etc.).
Letters from several friends and family, prescription of his drugs for depression and bipolar disorder.
I also went to the hospital once when he threw me on the floor but I said that I had fallen. I think I can ask for the medical report.

I also can ask a report from my psychologist.

He took all the money out of our bank account, including the rent, to make me do what he wanted.

I'm a very calm but he is so jealous. I have to inform him of everything I do and send proofs (photos) of where I am.

I've never involved the police and I don't want to involve. I just want this to end.

My husband is a sick person.

Questions: Do I have enogh evidence for ROC - VAWA? 

Does ROC - Vawa take longer than divorce waiver?

There is a possibility to apply for citizenship during the ROC-Vawa process or have to wait for approval?

*I have plenty of evidence of bonafide marriage. 

 

Thank you for your kindness.

 

 

 

Edited November 30, 2020 by Karoline
Speling

[milimelo 4,498]

Why would you go the VAWA route when you already have a green card? File for divorce and go with that waiver. 

[Liam2021 583]

There is no VAWA since you already have green card. I-751 with divorce waiver is a proper way.

[Mollie09 1,543]

8 hours ago, Karoline said:

Hi Guys, this is my first time in the group. I have been married to an American citizen for about 3 years and I'm about to file for ROC.
My marriage has been so bad that I want to apply for the ROC - waiver.
My husband, since the covid has been drinking a lot, he is unemployed and I'm the only one working and paying the bills. 
I would like to know your opinion about whether I qualify for ROC under VAWA.
The evidence I have of the abuse are: Text messages, photos of the bruises, photos of the things that he broke in our house (TV, coffee maker, mirror etc.).
Letters from several friends and family, prescription of his drugs for depression and bipolar disorder.
I also went to the hospital once when he threw me on the floor but I said that I had fallen. I think I can ask for the medical report.

I also can ask a report from my psychologist.

He took all the money out of our bank account, including the rent, to make me do what he wanted.

I'm a very calm but he is so jealous. I have to inform him of everything I do and send proofs (photos) of where I am.

I've never involved the police and I don't want to involve. I just want this to end.

My husband is a sick person.

Questions: Do I have enogh evidence for ROC - VAWA? 

Does ROC - Vawa take longer than divorce waiver?

There is a possibility to apply for citizenship during the ROC-Vawa process or have to wait for approval?

*I have plenty of evidence of bonafide marriage. 

 

Thank you for your kindness.

 

 

 

If you have plenty of bonafide marriage evidence, go ahead with the divorce waiver.

You should file for divorce first.

[HRQX 4,145]

11 hours ago, Karoline said:

There is a possibility to apply for citizenship during the ROC

If you divorce, it seems you would have to wait for regular 5-year N-400 filing window: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 The spouse must meet all other eligibility requirements for naturalization.^[20] 

[Karoline 0]

13 hours ago, milimelo said:

Why would you go the VAWA route when you already have a green card? File for divorce and go with that waiver. 

Sorry, I didnt vawa is not the correct term. It would be: Waiver or individual filling request. 1.e. I entered the marriage in good faith, I was battered/subjetect to cruelty.

5 hours ago, Liam2021 said:

There is no VAWA since you already have green card. I-751 with divorce waiver is a proper way.

Sorry, I didnt vawa is not the correct term. It would be: Waiver or individual filling request. 1.e. I entered the marriage in good faith, I was battered/subjetect to cruelty.

 

Edited November 30, 2020 by Karoline

[Karoline 0]

13 hours ago, Karoline said:

Hi Guys, this is my first time in the group. I have been married to an American citizen for about 3 years and I'm about to file for ROC.
My marriage has been so bad that I want to apply for the ROC - waiver.
My husband, since the covid has been drinking a lot, he is unemployed and I'm the only one working and paying the bills. 
I would like to know your opinion about whether I qualify for ROC under VAWA.
The evidence I have of the abuse are: Text messages, photos of the bruises, photos of the things that he broke in our house (TV, coffee maker, mirror etc.).
Letters from several friends and family, prescription of his drugs for depression and bipolar disorder.
I also went to the hospital once when he threw me on the floor but I said that I had fallen. I think I can ask for the medical report.

I also can ask a report from my psychologist.

He took all the money out of our bank account, including the rent, to make me do what he wanted.

I'm a very calm but he is so jealous. I have to inform him of everything I do and send proofs (photos) of where I am.

I've never involved the police and I don't want to involve. I just want this to end.

My husband is a sick person.

Questions: Do I have enogh evidence for ROC - VAWA? 

Does ROC - Vawa take longer than divorce waiver?

There is a possibility to apply for citizenship during the ROC-Vawa process or have to wait for approval?

*I have plenty of evidence of bonafide marriage. 

 

Thank you for your kindness.

 

Sorry, I didnt vawa is not the correct term. It would be: Waiver or individual filling request. 1.e. I entered the marriage in good faith, I was battered/subjetect to cruelty. Thank you everyone.

 

 

 

[fromthewater 11]

Hi Karoline,

 

I hope this could help. It does sound like you could file for abused waiver, and follow the below steps.

 

My suggestion to you,

1. Starting looking for a place to move to, and move out ASAP. Do not wait.

2. Gather all evidence before you move out.

3. File for Divorce right after you move out. Divorce takes time, especially in California.

4. Start preparing for your I-751 paperwork. You can do this yourself, but sometimes it doesn't hurt to pay $1,000/$1,500 or so for an attorney's assistance.

    Tick BOTH Divorce Waiver AND Abused Waiver. Assuming you really have all the evidence like you mentioned that is sufficient.

5. You will receive an RFE for your Divorce Decree and any Bona Fide and/or Abused evidence that USCIS wants to see additionally.

6. Respond to it. Hopefully you get an approval or an interview before approval.

 

You did not share when you received your conditional GC and when you're qualified for RoC, so I am not sure if your filing window has opened yet.

From your description, you qualify for both, so I am suggesting you tick BOTH boxes. Later on, you can always request to amend the form is needed. But it is likely that you will get approved based on one or the other, or both grounds.

With Abused waiver, you can file I-751 anytime, even before your 90-day filing window prior to GC expiration.

With Divorce waiver, since you say you have "plenty" of bona fide evidence, you should be good, too. Although, you must submit have finalized the divorce and submit your divorce decree to USCIS once your divorce is finalized. If divorce is not done, you cannot qualify for Divorce-Bona fide waiver.

 

Make sure you submit all evidence covering the time from "receiving your GC" to now.

Write a Declaration detailing how you met, how you got to fall in love and get married, how things got bad and detailing his abuse - physical, mental, financial, controlling, manipulation, threatening etc.

 

Good luck!

 

On 11/29/2020 at 10:08 PM, Karoline said:

Hi Guys, this is my first time in the group. I have been married to an American citizen for about 3 years and I'm about to file for ROC.
My marriage has been so bad that I want to apply for the ROC - waiver.
My husband, since the covid has been drinking a lot, he is unemployed and I'm the only one working and paying the bills. 
I would like to know your opinion about whether I qualify for ROC under VAWA.
The evidence I have of the abuse are: Text messages, photos of the bruises, photos of the things that he broke in our house (TV, coffee maker, mirror etc.).
Letters from several friends and family, prescription of his drugs for depression and bipolar disorder.
I also went to the hospital once when he threw me on the floor but I said that I had fallen. I think I can ask for the medical report.

I also can ask a report from my psychologist.

He took all the money out of our bank account, including the rent, to make me do what he wanted.

I'm a very calm but he is so jealous. I have to inform him of everything I do and send proofs (photos) of where I am.

I've never involved the police and I don't want to involve. I just want this to end.

My husband is a sick person.

Questions: Do I have enogh evidence for ROC - VAWA? 

Does ROC - Vawa take longer than divorce waiver?

There is a possibility to apply for citizenship during the ROC-Vawa process or have to wait for approval?

*I have plenty of evidence of bonafide marriage. 

 

Thank you for your kindness.