I-175 Waiver application thoughts

[JamesCrockfort 3]

Dear all,

 

I need your encouraging words and expertise on what is happening to me. 

 

I met this person in 2018, and we decided to get married in 2020. We hired an attorney to do the process, and my conditional GC was approved on mid-21 (COVID-19 delays.), unfortunately our marriage began to go south early this year, and this person is not willing to sign the I-175. I talked to my lawyer and he said that there is an I-175 waiver option, but my approval will depend on my case.  

 

I am contacting the best immigration attorney in the city, and I believe that I have strong evidence of a bona fide marriage. Here are the documents I currently have:

 

Evidence (From 2021 until October this year, I'm not considering the documents we used to originally file):

Student loans (Partner listed as a reference)

Over 2 years of Bank and Credit Card Statements

Lease and Renewal (it includes bills already)

Bachelor’s University proof (I listed  my partner)

British immigration form (I listed this person as my partner for  them to get British residency in the future)

Health insurance through my employer

I have a business card and certificate in the city registered on our address. 

Zelle, Venmo transactions

Flight tickets from the UK to the US and my partner’s city

Gym membership

Text messages

Emails

My partner is listed as an emergency contact in several places.

Photos are lacking because my partner refuses to provide them (my partner took the photos)

And my partner is about to file for divorce in good standing.

 

 

I ’m scared because I didn’t see this coming, and my entire life is in this country... so there’s plenty at stake. I just want to ensure that my application is approved and that I will remain here. My partner is being abusive and threatens me that if I fill out my I-175, I will get in trouble. Your advice will be welcomed :(.

 

[OldUser 5,207]

Hi, sorry to hear your marriage didn't work out. Please seek a safe place for yourself. Do NOT count on abusive spouse in supporting your immigration. You can get approved without their help.

 

There's no such thing as I-175. I think you're referring to I-751?

 

1. Make copies of all important documents and evidence. Best to have both physical and digital copies. Make sure abuser doesn't have access to them (maybe a friend or safe deposit box can help storing docs). Make sure they don't know your passwords to online accounts.

2. Move out of the place.

3. Hire a family lawyer to help with divorce. File for divorce.

4. File a I-751 with a lawyer. You can ask for divorce waiver.

 

 

Timing is very important in this case, but you can stay in the US if you can prove marriage was bonafide.

 

P.S. What about jointly filed taxes? Do you have IRS return transcripts for those? Those bank / credit card statements, are they in both names right?

Edited August 30, 2023 by OldUser

[Chancy 6,233]

50 minutes ago, JamesCrockfort said:

My partner is being abusive and threatens me that if I fill out my I-175, I will get in trouble. Your advice will be welcomed

 

If your partner threatens you about the I-751 again, laugh at their face (from a safe distance).  As mentioned above, you may file solo I-751 with divorce waiver and get approved.  Many VJ members have done the same, some even without professional help.  But if you would be more at ease filing with help from a lawyer, hire a competent and trustworthy one, who has a lot of experience with I-751 divorce waiver.

 

[OldUser 5,207]

7 minutes ago, Chancy said:

 

If your partner threatens you about the I-751 again, laugh at their face (from a safe distance).

Highly recommend being as nice and polite to the abuser as possible (they may not deserve respect, but your safety is the top priority). Also recommend being as far physically and mentally as possible when around the abusive spouse. I personally would not laugh at them. That only can escalate things to physical violence etc. Being polite also decreases the chance of them writing bad letters addressed to USCIS, which can complicate I-751 approval.

 

10 minutes ago, Chancy said:

 Many VJ members have done the same, some even without professional help.  But if you would be more at ease filing with help from a lawyer, hire a competent and trustworthy one, who has a lot of experience with I-751 divorce waiver.

 

I'd say family lawyer is highly recommended just to finalize everything fast. Immigration lawyer is optional but doesn't hurt (if a good one is hired)

[JamesCrockfort 3]

1 hour ago, OldUser said:

Hi, sorry to hear your marriage didn't work out. Please seek a safe place for yourself. Do NOT count on abusive spouse in supporting your immigration. You can get approved without their help.

 

There's no such thing as I-175. I think you're referring to I-751?

 

1. Make copies of all important documents and evidence. Best to have both physical and digital copies. Make sure abuser doesn't have access to them (maybe a friend or safe deposit box can help storing docs). Make sure they don't know your passwords to online accounts.

2. Move out of the place.

3. Hire a family lawyer to help with divorce. File for divorce.

4. File a I-751 with a lawyer. You can ask for divorce waiver.

 

 

Timing is very important in this case, but you can stay in the US if you can prove marriage was bonafide.

 

P.S. What about jointly filed taxes? Do you have IRS return transcripts for those? Those bank / credit card statements, are they in both names right?

Thanks for the prompt response, My bad I meant I-751 indeed.  we do have 2 jointly filled taxes. and yeah credit card and bank statements are joint as well. 

 

I no longer live in the state either, I moved away to my immediate family in another state.

Thanks for the encouragement. 

[OldUser 5,207]

2 minutes ago, JamesCrockfort said:

Thanks for the prompt response, My bad I meant I-751 indeed.  we do have 2 jointly filled taxes. and yeah credit card and bank statements are joint as well. 

 

I no longer live in the state either, I moved away to my immediate family in another state.

Thanks for the encouragement. 

You can absolutely get approved, at least based on information you provided so far.

 

Make sure to file AR-11 if you haven't already. You're required by law to report you any changes to your physical address within 10 days of moving.

Edited August 30, 2023 by OldUser

[JamesCrockfort 3]

17 hours ago, OldUser said:

You can absolutely get approved, at least based on information you provided so far.

 

Make sure to file AR-11 if you haven't already. You're required by law to report you any changes to your physical address within 10 days of moving.

Hello, thanks, I do think I have sufficient proof of bona fide marriage, I've seen people on reddit and here getting their waiver approved with less evidence, but you know being prepared is never enough with USCIS. thank you for the wise words I feel more comfortable now. I have my first consultation with my immigration attorney today.